Township of Moorestown, NJ BP Business Park Districts

Editor's Note: This ordinance also amended the title of Art XXII, which was formerly SRI Specially Restricted Industrial Districts.

§ 180-67.1 Intent.

[Added 7-27-2020 by Ord. No. 17-2020]

The BP-1 Business Park 1 District is designed for comprehensively planned office, administrative, and laboratory research centers, a variety of light manufacturing, and warehouse uses in single- and multitenant buildings.

§ 180-67.2 Use restrictions and regulations in the BP-1 Business Park 1 District.

[Added 7-27-2020 by Ord. No. 17-2020]

The following uses of land and buildings, and no others, are permitted principal uses, subject to the requirements below:

Municipal uses.

Residential uses and structures in existence prior to September 1, 1992, that conform to the R-1 District Area Restrictions and Regulations. In addition, residential uses and structures on exception areas within tracts of permanently preserved farmland that conform to the R-1-A District Area Restrictions and Regulations.

Offices for administrative, executive, business, utility, professional and financial services, insurance, photography, polling, advertising, public relations, marketing, translation, promoters of performing arts, sports, or similar events, and managers for artists, athletes, entertainers, or other public figures.

Establishments that provide health services, including urgent care, outpatient care, outpatient mental health and substance abuse care and counseling, medical offices, including, but not limited to, physicians, dentists, chiropractors, optometrists, physical therapists, occupational therapists, speech therapists, audiologists, health practitioners, and medical and diagnostic laboratories.

Facilities that engage in scientific research and development.

Establishments that provide information technology services, including management, programming, consulting, installation, integration, publishing, motion picture and sound recording, broadcasting, telecommunications, data processing, hosting and related services, and internet publishing, except telecommunications and broadcasting towers [see § 180-67.2C(2), conditional uses].

Providers of educational services, including special education, business schools, computer and management training, technical and trade schools, driving schools, life-skills training, and educational support services, except academic tutoring services and exam preparation.

Gyms, health clubs, and facilities for indoor sports or sports training, recreation, performing arts, dance facilities, including instruction of same.

(9)

Facilities that provide child care, adult care, special-needs care, services for the elderly and persons with disabilities, transitional and supported employment services, occupational skills, or job training.

(10)

Establishments engaged in the construction industry, including general contractors, building or civil engineering, specialty trade contractors, building equipment manufacturers and suppliers, and finishing contractors.

(11)

Establishments engaged in manufacturing, including production, processing, distribution, and wholesale sale, of fresh, refrigerated, and frozen food (except animal slaughtering), beverages, breweries, wineries, distilleries, pharmaceuticals and medicines, durable medical goods, textiles, apparel, printing, machine tool, machinery, computer and electronic products, electrical equipment, appliances, components, transportation equipment, and furnishings.

(12)

Facilities that provide warehousing and storage, including self and personal storage.

(13)

Wholesale trade establishments that engage in wholesaling merchandise, such as goods for resale, capital or durable nonconsumer goods, and raw materials and supplies used for production.

(14)

Establishments that provide transportation, including truck, transit and ground, passenger, scenic and sightseeing, charter and school bus, special needs, medical (nonemergency), postal services, couriers and messengers, motor vehicle towing, or moving and storage.

(15)

Support services providing routine support activities for other organizations, including administration, clerical, security, and cleaning.

(16)

Wind and solar facilities pursuant to N.J.S.A. 40:55D-66.11.

The following uses of land and buildings are permitted accessory uses:

Signs in accordance with the applicable provisions of Article XXIV.

Restaurants or cafeterias, outdoor picnic, and outdoor recreation areas for employees, students, patients, and occasional visitors.

Retail food and beverage stores and retail banks only within an existing building.

Maintenance, security, or real estate rental and leasing services and offices, serving the business park.

Training facility or center for employees.

Outdoor sports training facilities, comprising an area of no more than 25% of the interior floor area of an indoor sports training facility, and not located within any required parking or service area.

Seasonal warehouse sales, permitted one time per quarter year, except for brewery, winery, and distilleries where the products can only be sold wholesale and distributed, and a warehouse can be maintained.

Truck terminals or specialized distribution buildings used to redistribute goods from one truck to another, serving as an intermediate transfer point for staging, not long-term storage.

(9)

Accessory uses and structures on the same lot and customarily incidental to the principal use, including but not limited to loading docks, satellite dish and television antennas, security office, guardhouse, and guard gate.

The following uses shall be permitted when approved as a conditional use by the Planning Board subject to meeting and following the conditions set forth below:

Horticulture and agricultural uses, on no less than five acres, for the growing and harvesting of crops, including nurseries. Roadside stands and garden centers providing support of same pursuant to the following requirements:

Stands shall be set back from the right-of-way a minimum of 30 feet.

The floor area of the display/stand shall not exceed 400 square feet.

Approval of the ingress and egress driveway(s), location of parking, on-site circulation, and other public safety concerns.

Telecommunications and broadcasting towers, conforming to the following conditions:

The minimum lot size shall be two acres.

The maximum height of a telecommunications tower, excluding antennas, shall not exceed 150 feet, nor 175 feet, including antennas. This limitation shall not apply to broadcasting towers.

The tower shall be set back a minimum distance equal to 1.1 times the total height of the structure from all property boundaries of the site. The minimum distance shall increase to twice the total height from any abutting property boundary containing either a residential use or a residentially zoned district. Antennas to be attached to existing structures shall not be subject to this subsection.

(d)

Prior to the granting of any such approval, the applicant should demonstrate that no existing tower, utility, building, or other structure is feasible for such use based on bona fide inquiries for co-location of antennas and equipment.

(e)

Any telecommunications tower shall be structurally designed to permit at least two additional carriers to co-locate on the tower and to place equipment thereto, and any approval shall require the applicant to permit the co-location of at least two additional carriers and to place equipment thereto.

(f)

No sign of any kind shall be placed upon the antennas, tower structure or encircling fence, with the exception of incidental signs indicating "warning," "no trespassing" or similar admonition and one sign at the entrance of the gate or property indicating the name of the owner and a telephone to which incidents involving the tower may be reported.

(g)

Notwithstanding any other provision to the contrary, the tower shall be enclosed by a fence or wall, no less than six feet or more than eight feet in height, to deter trespassers. Such fencing or wall may be topped with three strands of barbed wire.

(h)

The base of the tower shall be screened with landscaping from the view of a passerby on a public street, from within public open space, or from a residentially used property in accordance with Township standards.

(i)

Notwithstanding any other provision to the contrary, no tower shall be located on a site containing an historic building or structure as identified in the Historic Preservation Element of the Master Plan.

Breweries, distilleries and winery salesrooms when authorized as a conditional use by the Planning Board in accordance with the standards set forth in § 180-96E(3).

[Added 5-10-2021 by Ord. No. 15-2021]

Cannabis Establishments when authorized as a conditional use by the Planning Board in accordance with the standards set forth are permitted as a conditional use in this zoning district subject to the conditions outlined in § 180-96, Conditional uses E.(4).

[Added 8-9-2021 by Ord. No. 26-2021]

In addition to the prohibited uses set forth in § 180-90, the following uses of land and buildings are prohibited:

All uses not expressly permitted.

Heavy industrial uses.

Retail uses, except as otherwise permitted.

Retail gas stations or fueling stations.

Landscape contractor storage or wholesale landscaping supplies, including but not limited to fertilizers, pesticides, topsoil, decorative stone or mulch.

Uses which utilize in process any substance listed in N.J.A.C. 7:27-21, Appendix 1, Table 1, Toxic Air Pollutants To Be Reported in Emission Statements.

The following limitations are imposed on the use of any land or buildings:

Loading, unloading, or transfer of goods or outdoor storage of materials and products shall not be permitted in a front yard or a side yard abutting a street, but may be permitted in rear or side yard on a lot in compliance with the following:

Setback from property lines in accordance with the district standards applicable to principal structures.

Screened from the view from any point off the premises by means of a wall, planting, or opaque fence not less than six feet in height and not greater than 10 feet in height. The screening must be accompanied by landscaping which must include a combination of evergreen and deciduous materials designed in conjunction with the overall site landscaping plan.

Materials stored within an outside storage area shall not be stacked higher than the height of the screening material or 10 feet, whichever is less. An opening of adequate size shall be provided in any fencing to facilitate firefighting operations.

(d)

Outdoor storage areas shall not exceed the building area.

(e)

Outdoor storage areas shall not be arranged or organized in a manner that constitutes a fire hazard.

(f)

Outdoor storage of edible products or materials is prohibited.

Hazardous and/or flammable chemicals are subject to the following:

Uses which manufacture,[1] fabricate, recycle, warehouse and distribute a primary product comprised of a substance in any form containing one or more of the following: explosives, industrial solvents, pesticides, fertilizers, biohazards, petroleum products or other hazardous, flammable liquids, or chemicals having an NFPA Hazard rating higher than Category One.

Note: The manufacture of the items set forth in § 180-67.2E(2)(a) shall mean the transformation of raw material into a final or finished product or products within the prohibited products and substances set forth therein.

Notwithstanding the prohibitions set forth above in Subsection E(2)(a) to the extent that any of the above prohibited substances are used as an ingredient of a final product that is not within any one or more of the prohibited categories set forth above, or to the extent said substance is used as part of a process and/or service by the user, the use of said substance is permitted subject to compliance with current statutory regulations, including but not limited to the Uniform Construction Code and the Uniform Fire Safety Act set forth at N.J.S.A. 52:27D-192, et seq., including all standards referenced therein. Examples of the use of the substances described herein would include propane gas to run equipment, pesticides used by a service provider, industrial solvents used in printing or manufacturing, chemicals used in a research facility or products stored and sold as part of a distributor's product line but not as a primary product.

No noise greater than that provided by the New Jersey Noise Control Statutes (N.J.A.C. 7:29 et seq., as amended) shall be permitted.

Odor as an air contaminant that unreasonably interferes with the enjoyment of life or property due to the odor's character, severity, frequency, and duration should be limited to the property. Where odors or emissions are created by any process, methods shall be employed to control odor. Where odor results in complaints, referral to the New Jersey Department of Environmental Protection Division of Air Quality for investigation shall be undertaken.

No material or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces or be allowed to enter the air or any stream, watercourse or wetland.

All permanent outdoor solid waste receptacles shall be screened on all sides by a fence or wall no less than six feet in height. In no case shall the receptacle be visible. Receptacles shall not be permitted closer than 15 feet to any building located on the site.

Trucks and trailers used in conjunction with activities conducted within a building on each site shall be parked only in spaces designated for same on a site plan. See § 180-90N.

All activities, except for loading and unloading, vehicles and personnel entering and exiting the site, shall be contained within the building.

(9)

No measurable vibration shall be permitted beyond the property line.

(10)

No motor vehicles shall be permitted to run idle on any property in accordance with NJDEP standards (N.J.A.C. 7:27-14.3, as amended).

§ 180-67.3 Area restrictions and regulations.

[Added 7-27-2020 by Ord. No. 17-2020]

The following area restrictions and regulations are established, subject to the area requirements below:

Area, yard, height, and other bulk requirements.

Minimum lot area: 120,000 square feet.

Minimum lot frontage: 200 feet.

Minimum lot width at the building line: 200 feet.

Yards.

Front: 100 feet minimum along main thoroughfares; 75 feet minimum along other streets.

Side: 50 feet minimum each.

Rear: 25 feet minimum.

Impervious surface.

Building: 35%.

Total coverage: 60%.

No building shall exceed three stories or 45 feet in height; provided, however, that structures housing auxiliary mechanical equipment, the use of which is incidental to the permitted use, may exceed the actual building height by no more than 12 feet.

All auxiliary structures housing rooftop mechanical equipment shall be screened from ground-level views with a visually impervious structure architecturally compatible with the exterior materials of the building's facade. If the required screening is not achieved by such structure, the equipment screen shall be set back a minimum of 15 feet from the vertical plane established by the facade of the uppermost floor. The total area encompassed by the mechanical equipment screening shall not exceed 45% of the total roof area.

Along any residential district boundary line or along any property line of a lot on which a residential use is located, the following standards apply:

A landscape buffer of at least 75 feet in width or three times the height of the nonresidential building, whichever is greater, shall be provided. A four- to six-foot-high berm shall be provided within the landscape buffer.

When the residential district boundary line is within a railroad right-of-way, the landscape buffer may be reduced to 50 feet in width.

No building which is located within 500 feet of a residence district boundary line shall have any wall facing such a residence district which is longer than 300 linear feet; further, any continuous wall plane facing such district or property which is longer than 100 linear feet shall have architectural and landscaping features to vary the texture and visual appearance of the wall.

No building which is located within 500 feet of a residence district boundary line shall have a loading platform facing such a residence district.

The foregoing requirements with respect to plantings, building and loading platform locations and building lengths may be modified by the Planning Board at the time of site plan review and public hearing wherever existing barriers such as parks, railroads, highways, streams, berms, wooded areas or other features serve as an effective buffer between a Business Park and a residence district.

Off-street parking.

Off-street parking shall be provided according to the requirements of Article XXIII, § 180-73, of this chapter.

Any parking which fronts on a street, whether in front of a building or to the side or rear of a building, i.e., on corner lots, shall be suitably screened from the street.

It is the policy of the Township of Moorestown that on-street parking shall not be permitted in areas zoned Business Park. Parking standards, as included herein, are considered as minimums, and it is the owner's and/or user's responsibility to provide additional parking as warranted.

§ 180-68 Intent.

[Amended 11-17-2008 by Ord. No. 18-2008; 5-10-2021 by Ord. No. 11-2021]

The BP-2 Business Park-2 Zoning District is designed to be a comprehensively planned technical and manufacturing district to include office, administrative, laboratory research centers, a variety of light manufacturing, and warehouses.

§ 180-69 Use regulations in the BP-2 Business Park 2 District.

[Amended 5-14-1984 by Ord. No. 1216; 4-5-1993 by Ord. No. 1647-93; 9-11-2000 by Ord. No. 1937-00; 11-17-2008 by Ord. No. 18-2008; 5-10-2021 by Ord. No. 11-2021]

The following uses of land and buildings, and no others, are permitted principal uses, subject to the bulk standards below:

Horticulture and agriculture.

Manufacturing including ship, boat, aircraft, aerospace, vehicle, computer and electronic products, electrical equipment, transportation equipment, maritime equipment and systems, optical instruments and lenses, communications, space, security, and medical.

Information technology, including publishing, motion picture and sound recording, broadcasting and telecommunications equipment and towers, test and operational towers, data processing, internet publishing and broadcasting.

Professional, scientific, and technical services, product development and testing, which are almost wholly dependent upon knowledge and skills, including but not limited to administration, legal, accounting, bookkeeping, payroll, architecture, engineering, environment, energy, safety, physical and cyber security, design, computer system design including management, programming, consultation, installation, software design and integration, management, logistics, physics, biologic, and chemical scientific research and development, advertising, public relations, marketing, photography, and translation.

Educational services including technical and nontechnical, computer and management training.

Wind and solar facilities pursuant to N.J.S.A. 40:55D-66.11.

The following uses of land and buildings are permitted accessory uses:

Signs in accordance with the applicable provisions of Article XXIV.

Outdoor storage and facilities which meet the bulk standards below. However, storage of combustible or flammable materials in outdoor storage facilities is not permitted.

Restaurants or cafeterias, outdoor picnic, and outdoor recreation areas for employees and occasional visitors.

Maintenance, security, or real estate services and offices, serving the principal use.

Accessory uses and structures located in the BP-2 zoning district under common ownership and customarily incidental to the principal use, including but not limited to distribution, warehousing, loading, satellite dish and television antennae, security office, guardhouse, and guard gate.

Training facility or center for employees, visitors, customers and government personnel.

Rooftop solar panels.

§ 180-70 Bulk standards and regulations.

[Amended 6-8-1981 by Ord. No. 1082; 7-13-1981 by Ord. No. 1085; 6-27-1988 by Ord. No. 1359; 6-24-1991 by Ord. No. 1576-91; 9-11-2000 by Ord. No. 1936-00; 10-28-2002 by Ord. No. 2013-02; 11-14-2005 by Ord. No. 32-2005; 11-17-2008 by Ord. No. 18-2008; 5-10-2021 by Ord. No. 11-2021]

The following bulk standards shall apply to all lots and buildings:

Minimum lot size: five acres.

Minimum lot frontage: 225 feet.

Minimum lot width at the building line: 300 feet.

Setbacks from the property line:

Front: 100 feet minimum.

Side: 30 feet minimum each side.

Rear: 25 feet minimum.

Maximum impervious surface:

Building: 40%.

Total coverage: 75%.

No building shall exceed 75 feet in height; provided, however, that structures housing auxiliary mechanical equipment, the use of which is incidental to the permitted use, may exceed the actual building height by no more than 12 feet.

All auxiliary structures housing rooftop HVAC equipment shall be architecturally screened from ground level views compatible with the exterior materials of the building's facade. Alternately, the equipment shall be set back a minimum of 15 feet from the vertical plane established by the facade of the uppermost floor. Any auxiliary structure housing rooftop HVAC equipment that is more than 250 feet from the right of way need not be screened.

Maximum height of broadcasting and telecommunications equipment and towers, test and operational towers shall not exceed 200 feet and must comply with all FCC and FAA regulations and shall not require site plan approval if the area of disturbance is under 5,000 square feet. Area of disturbance includes any new access to a tower and the area disturbed for the construction of the tower.

Residential landscape buffer. A landscape buffer, in accordance with § 158-26, of at least 75 feet in width shall be provided on all new development located adjacent to a residential district boundary line or adjacent to the boundary line of a lot on which a residential use is located.

Off-street parking.

Off-street parking shall be provided according to the requirements of Article XXIII, § 180-73, of this chapter.

Any new parking area(s) which front on a street, whether in front of a building or to the side or rear of a building, i.e., on corner lots, shall be screened with a landscape buffer of at least 25 feet in width between the parking area and the street to shield headlight glare.

§ 180-71 (Reserved) [1]

Editor's Note: Former § 180-71, Performance standards, as amended, was repealed 5-10-2021 by Ord. No. 11-2021.

§ 180-72 (Reserved) [1]