[Amended 1-31-1977 by Ord. No. 1-1977; 5-30-1979 by Ord. No.
8-1979; 4-4-2012 by Ord. No. 2-2012]
Whenever the owner of a lot existing at the
time of adoption of this chapter has dedicated or conveyed land to
the Township in order to meet the minimum street width requirement
of the Land Subdivision Ordinance[1] or to implement the Official Map or Master Plan of the
Township, the Construction Official shall issue building and occupancy
permits for the lot whose depth and/or areas are rendered substandard
in area only because of such dedication and where the owner has no
other adjacent lands to provide the minimum requirements. No bulk
variance shall be required of the applicant for the preexisting condition,
provided that:
A.
The purpose of this section is to provide a method
of developing single-family detached dwellings which will preserve
desirable open spaces, conservation areas, floodplains, school sites,
recreation and park areas and lands for other public purposes by permitting
the reduction of lot sizes and certain other regulations hereinafter
stated without increasing the number of lots in the total area to
be developed.
B.
Cluster residential developments shall meet the following
requirements:
(1)
The minimum size of a tract of land proposed for development
under the cluster development provisions of this chapter shall be
50 acres.
(2)
The remainder of the tract not assigned to individual residential lots shall be permanently dedicated through recordation of a restriction on the deed to the property as open space with no further development permitted. This land area shall meet the requirements specified in Subsection B(3) of this section and shall be offered to the Township. All lands not accepted by the Township may be owned and maintained by a homeowners' association if the development contains at least 200 dwelling units.
[Amended 4-21-1988 by Ord. No. 10-1988]
(3)
The lands offered to the Township shall meet the following
requirements:
(a)
The minimum size of each parcel dedicated to
the Township shall be one acre.
(b)
Lands offered for recreational purposes shall
be improved by the developer, including equipment, walkways and landscaping,
in order to qualify the lands for acceptance by the Township.
(c)
Any land offered to the Township shall be optimally
related to the overall plan and design of the development and improved
to best suit the purpose(s) for which it is intended.
(d)
The lands offered to the Township shall be subject
to review by the Planning Board, which, in its view and evaluation
of the suitability of such land, shall be guided by the Master Plan
of the Township, by the ability to assemble and relate such lands
to an overall plan and by the accessibility and potential utility
of such lands. The Planning Board may request an opinion from other
public agencies or individuals as to the advisability of the Township's
accepting any lands to be offered to the Township.
(e)
Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at the time final plan approval is granted by the Township. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the provisions of Subsection B(2) hereinabove pertaining to the use of such areas. Should the subdivision consist of a number of development stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be donated to the Township simultaneously with the granting of final subdivision approval for that particular stage, even though these lands may be located in a different section of the overall development.
(4)
Where the development contains at least 200 dwelling
units, a homeowners' association may be established for the purpose
of owning and maintaining common lands and facilities, including conservation,
open space, floodplain, recreation and park areas and other common
lands. If established, a homeowners association shall be in accordance
with the following provisions:
(a)
Membership in any created homeowners' association
by all property owners shall be mandatory. Such required membership
in any created homeowners' association and the responsibilities upon
the members shall be in writing between the association and the individual
in the form of a covenant, with each member agreeing to his liability
for his pro rata share of the association's costs and providing that
the Township shall be a party beneficiary to such covenant, entitled
to enforce its provisions.
(b)
Executed deeds shall be tendered to the Township
simultaneously with the granting of final subdivision approval, stating
that the prescribed use(s) of the lands in the common ownership shall
be absolute and not subject to reversion for possible future development.
(c)
The homeowners' association shall be responsible
for liability insurance, local taxes, maintenance of land and any
facilities that may be erected on any land deeded to the homeowner's
association and shall hold the Township harmless from any liability.
(d)
The assessment levied by the homeowners' association
may become a lien on the private properties in the development. The
duly created homeowners' association shall be allowed to adjust the
assessment to meet changing needs, and any deeded lands may be sold,
donated or in any other way conveyed to the Township for public purposes
only.
(e)
The homeowners' association initially created
by the developer shall clearly describe in its bylaws the rights and
obligations of any homeowner and tenant in the cluster development,
along with the covenant and model deeds and the Articles of Incorporation
of the association prior to the granting of final approval by the
Township.
(f)
Part of the development proposals submitted
to and approved by the Township shall be provisions to ensure that
control of the homeowners' association will be transferred to the
individual lot owners in the development based on a percentage of
the dwelling units sold and/or occupied together with assurances in
the bylaws that the homeowners' association shall have the maintenance
responsibilities for all lands to which it holds title.
(g)
In the event that the association fails to maintain
the open space in reasonable order and condition, the Construction
Official may serve written notice upon the association or upon the
owners of the development, setting forth the manner in which the association
has failed to maintain the open space in reasonable condition, and
said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof and shall state the date and place
of a hearing thereon, which shall be held within 15 days of the notice.
At such hearing, the Township Council may modify the terms of the
original notice as to deficiencies and may give a reasonable extension
of time, not to exceed 65 days, within which they shall be cured.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 35 days or any permitted extension
thereof, the Township, in order to preserve the open space and maintain
the same for a period of one year, may enter upon and maintain such
land. Said entry and maintenance shall not vest in the public any
rights to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of said year, the
Township Council shall, upon its initiative or upon the request of
the association theretofore responsible for the maintenance of the
open space, call a public hearing upon 15 days' written notice to
such association and to the owners of the development, to be held
by the Township Council, at which hearing such association and the
owners of the development shall show cause by such maintenance by
the Township, at the election of the Township, should continue for
a succeeding year. If the Township Council shall determine that such
association is ready and able to maintain said open space in reasonable
condition, the Township shall cease to maintain said open space at
the end of said year. If the Township Council shall determine such
association is not ready and able to maintain said open space in a
reasonable condition, the Township may, in its discretion, continue
to maintain said open space during the next succeeding year, subject
to a similar hearing and determination in each year thereafter. The
decision of the Township Council shall constitute a final administrative
decision, subject to judicial review.
[Added 1-31-1977 by Ord. No. 1-1977;
amended 3-16-2022 by Ord. No. 8-2022]
(5)
Prior to Planning Board preliminary approval, a certification
by both the State Department of Environmental Protection and the Township
Engineer shall be required confirming the adequacy and availability
of public water and sanitary sewer facilities to service the proposed
development. Prior to final approval, the applicant shall submit final
plans for public water and sanitary sewer facilities.
(6)
No certificate of occupancy shall be issued for any
building or part thereof until all streets, drainage, parking facilities
and water and sewer facilities servicing the said structure are properly
completed and functioning.
[Amended 2-4-1981 by Ord. No. 1-1981; 11-7-1986 by Ord. No.
26-1986]
A.
Any building located on a corner lot shall be set back from both streets at least the required front yard distance(s), but in no case less than the required distance(s) formed by the sight triangles specified in § 190-34C except in R-60, R-80, R-96, R-100 and R-200 Zones, where required front yard setbacks shall prevail.
[Amended 12-15-1994 by Ord. No. 8-1994]
B.
Any building located on a corner lot shall be set
back from any lot line (except street lines) at least the required
side yard distance.
[Amended 12-15-1994 by Ord. No. 8-1994]
D.
Swimming pools or accessory buildings located on corner
lots may be located in side yard areas and shall be set back at least
the required front yard distance, plus 10 feet.
A.
Penthouses or roof structures for the housing of stairways,
tanks, ventilating fans, air-conditioning equipment or similar equipment
required to operate and maintain the building, skylights, spires,
cupolas, flagpoles, chimneys, water tanks or similar structures may
be erected above the height limits prescribed by this chapter but
in no case more than 25% more than the maximum height permitted for
the use in the district.
[Amended 8-17-1984 by Ord. No. 14-1984]
B.
Where active farming on parcels exceeding 10 acres
may require the use of silos or similar storage facilities, such silos
are permitted, provided that they not exceed 100 feet in height and
are located at least 100 feet from any property line.
[Added 5-30-1979 by Ord. No. 8-1979]
C.
The height limitations prescribed in this chapter
shall not apply to the antenna and any supporting structure of a local
communication facility of greater than 35 feet, provided that the
standards set forth in N.J.A.C. 7:50-5.4(c) are met.
[Added 4-3-1997 by Ord. No. 1-1997]
[Added 3-19-1992 by Ord. No. 1-1992]
A.
The purpose of the PRC-planned retirement community
option is to promote well-designed retirement communities and senior
citizen community development; to recognize the unique municipal public
service demands and special care needs of the elder population; to
respect the physical qualities of the land and preserve and protect
certain defined natural resources; and to preserve open space to serve
environmental, recreational, scenic and public purposes.
B.
Intent. Planned Retirement Community development under
this provision is intended to:
(1)
Promote imaginative, well-designed, retirement and
continuing care communities development.
(2)
Encourage a coordinated plan of development of major
land parcels under single ownership, where significant portions of
such land parcels contain or are in proximity to natural resource
features which should be preserved from development.
(3)
Protect the natural character of the area in which
said land parcels are situated, to the maximum extent practicable.
(4)
Maintain forests, significant stands of trees and
individual trees of significant size to the maximum extent practicable.
(5)
Protect stream corridors, headwaters of streams, wetlands,
floodplains, flood hazard areas, ponds or lakes.
(6)
Provide social and recreational opportunities appropriate
for the age group residing in the planned retirement community.
(7)
Permit multiple principal buildings per single lot
for the exclusive use of elder households, balanced by and to compensate
for the preservation of open space.
C.
Criteria. The planned retirement community option
shall be permitted in the R-A Zone and may include nursing homes,
retirement communities and continuing care retirement communities
as defined herein, provided that the requirements set forth below
are met:
(1)
Tract requirements.
(a)
The tract shall be under one ownership or control
by the applicant for purposes of obtaining all required development
approvals and committing the tract to the regulations of the planned
retirement community.
(b)
Area and yard requirements for tract.
(c)
Deed restrictions. Approval of a planned retirement
community development consisting of age-restricted housing in Pemberton
Township shall be conditioned upon the placement of restrictive covenants
on the deeds to any and all portions of a tract so developed, to ensure
that:
[1]
Occupancy shall be limited to households consisting
of at least one person 55 years of age or older, and such households
shall not include any person younger than 18 years of age.
[2]
No further development of the parcel will be
permitted. Exterior walls of structures as shown on an approved site
plan shall not be expanded, interior walls shall not be added or relocated,
and further development of remaining lands shall be prohibited.
(d)
Management of roadways and open space. Open
undeveloped portions of an age-restricted development, areas which
result when permitted units are arranged in compact multiple-family
structures and all proposed roadways shall be owned and maintained
by a homeowners' association, unless offered to and accepted by Pemberton
Township Council or the Burlington County Freeholders.
(2)
Use and bulk standards. The planned retirement community
development option shall be developed according to the following use,
density and bulk standards:
(3)
Optional uses. Planned retirement communities may
include the following optional uses:
(a)
Nursing homes in accordance with all laws and
regulations of the State of New Jersey. Nursing home beds shall be
permitted in exchange for permitted residential units at a ratio of
three beds per one dwelling unit (see Schedule C).[4]
[4]
Editor's Note: Schedule C: Area, Yard and
Parking Requirements for Nursing Homes and Continuing Care Retirement
Communities is located at the end of this chapter.
(b)
Continuing care retirement communities (thirty-acre
minimum). For purposes of continuing care retirement communities,
as defined herein, developments providing skilled nursing care beds
and/or limited medical care facilities which are required to be licensed
by the State of New Jersey pursuant to N.J.S.A. 26:2H-1 et seq. shall
be permitted to develop at a ratio of three beds equaling one unit
of permitted density, provided that no more than 60 beds, or 20% of
the total units of permitted density, whichever is less, are provided
as skilled nursing beds, and no more than 40 beds, or 10% of the total
units of gross density, whichever is less, are provided as limited
medical care beds within the proposed continuing care retirement community
(see Schedule C).
(c)
Retail service center.
[1]
A retail service center shall be permitted within
each planned retirement community, and such retail center shall be
comprehensively planned to serve the needs of residents of the retirement
communities.
[2]
The retail service center shall contain no more
than 30,000 square feet of commercial space.
[a]
Permitted uses.
[i]
Restaurants.
[ii]
Local retail sales, activities
such as drugstores, delicatessens, bakeries, gift shops, bookstores,
clothing stores, shoe stores, hardware stores, stationery stores and
florists.
[iii]
Local retail services such as
barber and beauty shops, tailors and dry cleaning and laundering operations.
[iv]
Banks, including drive-in facilities.
[v]
Professional offices limited to
doctors and dentists, accountants, lawyers and financial services.
[b]
Bulk standards. The commercial
center shall adhere to the GCLI Zone standards. The area of the commercial
center shall be determined by calculating the entire developed area
devoted to this use plus the appropriate setbacks. The area calculated
for the commercial center shall be deducted from the overall tract,
and residential density shall be based on the net area available for
residential development. The commercial center shall be integrated
as part of the planned retirement community development and shall
be accessible to the traveling public only on existing or new collector
roads.
(4)
Density standards. Density for planned retirement
communities shall be calculated as follows:
|
Density
|
Dwelling Units per Acre
|
|---|---|
|
Base density
|
0.33
|
|
Maximum density, using PDC's
|
2.0
|
|
Maximum density, using PDC's and planned retirement
community bonus
|
4.25
|
|
NOTE: Bonus density for planned retirement communities
may only be utilized after PDC's have been utilized to achieve the
maximum density permitted with PDC's.
|
(5)
Open space and recreation areas.
(a)
At least 40% of the tract shall be reserved for open space and recreation uses, unless the bonus density provisions of § 190-18.1G(1) are applied, in which case at least 30% of the tract shall be reserved.
(c)
Open space and recreation areas shall be located
in appropriate locations and arranged in such a manner so as to further
and foster the purposes of the planned retirement community.
(d)
All open space and recreation area shall be
dedicated for nondevelopment and open space or recreation uses. Such
areas shall be owned in common by residents of the planned retirement
community and managed by a homeowners' association.
(e)
The open space and recreation area shall have
a minimum contiguous lot area of not less than 15 acres, and no portion
thereof shall be less than 100 feet in width. Open space and recreation
areas should be arranged to provide contiguity of open spaces between
planned retirement communities.
(f)
A comprehensive recreation plan shall be prepared
to include all proposed passive and active recreation elements such
as walking trails, picnic areas, outdoor and indoor tennis courts,
shuffleboard courts, swimming pools and, if appropriate, a golf course.
(g)
Each planned retirement community development
shall have a community center. The following conditions shall apply:
[1]
The community center shall be centrally located
and easily accessible to all units. A comprehensive circulation plan
shall be prepared to coordinate the road network and sidewalk layout
for the entire development with emphasis on access to the center.
[2]
The community center may include but not be
limited to cafeteria facilities, homeowners' association management
offices, recreation and social activities rooms and offices and a
multipurpose room designed for social activities.
[3]
The community center shall be one story and
no more than 20 feet in height.
[4]
The height of the community center may be increased
up to two stories or 30 feet if the second story is designed to accommodate
dwelling units for physically handicapped individuals. These units
shall be designed in accordance with Item F in Schedule B.[5] Where such second floor residential dwelling units are
provided, at least one elevator to the second floor shall be incorporated
into the center design.
[5]
Editor's Note: Schedule B appears at the end
of this chapter.
[5]
A bus stop shall be provided at an accessible
location for those using the center's facilities. An enclosure shall
be located at the bus stop to afford protection from adverse weather
conditions.
(h)
All open space and recreation areas shall be
protected by legal arrangements, satisfactory to the Planning Board
Attorney, sufficient to assure their maintenance and preservation
for their intended purpose. Covenants or other legal arrangements,
including homeowners' associations, shall specify ownership of the
area; method of maintenance; responsibility for maintenance; maintenance
taxes and insurance; compulsory membership and compulsory assessment
provisions; guaranties that any association formed to own and maintain
said area will not be dissolved without the consent of the Planning
Board; and any other specifications deemed necessary by the Planning
Board.
(i)
Homeowners' association.
[1]
There shall be established within the planned
retirement community a homeowners' association.
[2]
The homeowners' association shall own and be
responsible for the maintenance, repair and reconstruction of all
buildings and lands owned by the residents of the community in common
with one another. Such lands shall include at a minimum all recreational
areas, open space and drainage facilities required by the reviewing
board for the community.
[3]
The application for approval of a planned retirement
community shall be accompanied by the following information concerning
the homeowners' association:
[a]
An estimated budget for the homeowners'
association, including adequate reserves.
[b]
The type, size and location of
the recreational facilities, including the size of the pool and clubhouse,
if any, and the adequacy of the same for the number of units planned.
[c]
The capability of the applicant
to complete the project and fulfill obligations to homeowners and
the Township.
[d]
The method of timing of transition
of control of the homeowners association from the applicant to the
residents.
[e]
Clarification of restrictions,
such as occupancy, right to rent, architectural style and use of common
property.
[f]
The existence of and date of expiration
of any management contracts.
[g]
Rights of inspection before closing.
[h]
Escrow of deposits.
[i]
Rights of parties if units are
not completed by closing dates.
[j]
Homeowners' association facilities
to be dedicated from applicant free of liens.
[k]
Responsibility for maintenance
of unsold units.
[l]
Developer's right of first refusal
to purchase on resales.
[m]
The proposed form of deed to be
used in conveying lands to the homeowners' association and of any
declaration of restrictive covenant shall be presented to the reviewing
body and the Township Council for their approval.
D.
Findings. The Planning Board shall determine, at a
minimum, the following findings with respect to the proposed planned
retirement community application:
(1)
The development provides a configuration of dwelling
units for a total living environment specifically designed to meet
the special needs and services of the elder population.
(2)
The application conforms to the conditions of the PRC conditional use as contained in § 190-56D.
(3)
The application is designed to produce an environment
of stable and desirable character, consistent with the intent and
purpose of the planned retirement community development regulations
to promote the public health, safety and general welfare.
(4)
The open space and recreation areas comply with the
standards set forth in this section.
(5)
That departures by the proposed development from zoning
regulations otherwise applicable to the subject property conform to
the Zoning Ordinance standards for planned retirement community development
as contained herein.
(6)
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate.
(7)
That provisions through the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment are adequate.
(8)
That the proposed planned retirement community development
will not have an unreasonably adverse impact upon the area in which
it is proposed to be established.
E.
Application. An applicant proposing to develop lands in accordance with the above conditions shall first submit a general development plan to the Planning Board in accordance with standards enumerated in § 190-55F. After approval of the general development plan by the Planning Board, the applicant may then submit a preliminary plat or site plan in accordance with standards and conditions of § 190-45 or Article 3 of § 159.
F.
General development plan (GDP).
(1)
General development plans, submission and time for
decision.
(a)
Submission. Any developer of a parcel of land
greater than 100 acres in size for which the developer is seeking
approval of a planned development pursuant to P.L. 1975, c.291 (N.J.S.A.
40:55D-1 et seq.) may submit a general development plan to the Planning
Board prior to the granting of preliminary approval of that development
by the Planning Board pursuant to § 34 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-46) or § 36 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-48).
(b)
Time for decision. The Planning Board shall
grant or deny general development plan approval within 95 days after
submission of a complete application to the administrative officer,
or within such further time as may be consented to by the applicant.
Failure of the Planning Board to act within the period prescribed
shall constitute general development plan approval of the planned
development.
(2)
Contents of the general development plan.
(a)
The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the gross residential density and the nonresidential floor area for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development in a chronological sequence of events as described in Subsection F(2)(c)[11] below.
(b)
The planned development shall be developed in
accordance with the general development plan approved by the Planning
Board, notwithstanding any provisions of P.L. 1975, c. 2l9 (N.J.S.A.
40:55D-1 et seq.), or an ordinance or regulations adopted pursuant
thereto after the effective date of the approval.
(c)
A general development plan shall include but
is not limited to the following:
[1]
A general land use plan at a scale of not less
than one inch equals 100 feet, or such other scale permitting the
entire site to be shown on one sheet. Enlargement of portions of the
plan may be submitted on separate sheets of the same size. The plan
shall indicate the tract area and general locations of the land uses
to be included in the planned development. The total number of dwelling
units and amount of nonresidential floor area to be provided and proposed
land area to be devoted to residential and nonresidential use shall
be set forth. In addition, the proposed types of nonresidential uses
to be included in the planned development shall be set forth, and
the land area to be occupied by each proposed use shall be estimated.
The gross density and intensity of use of the entire planned development
shall be set forth, and a residential density and a nonresidential
floor area ratio shall be provided.
[2]
A circulation plan showing the general location
and types of transportation facilities, including a general description
of proposed improvements for pedestrian access, within the planned
development and any proposed improvements to the existing transportation
system outside the planned development. The circulation plan shall
be accompanied by a traffic impact report and the applicant shall
be responsible for off-site traffic improvements in accordance with
N.J.S.A. 40:55D-42 and municipal ordinances that govern the same.
[3]
An open space plan showing the proposed land
area and general location of parks and any other land area to be set
aside for conservation and recreational purposes and a general description
of improvements proposed to be made thereon, including a plan for
the operation and maintenance of parks and recreational lands. The
open space plan shall be accompanied by a timing schedule evidencing
when open space areas will be set aside and when construction of recreational
amenities will commence and be completed.
[4]
A utility plan showing the need for and showing
the proposed location of sewage and water lines, any drainage facilities
necessitated by the physical characteristics of the site, proposed
methods for handling solid waste disposal and a plan for the operation
and maintenance of proposed utilities.
[5]
A stormwater management plan setting forth the
proposed method of controlling and managing stormwater on the site
and, if applicable, off-site.
[6]
An environmental inventory, including a general
description of the vegetation, soils, topography, geology, surface
hydrology, climate and cultural resources of the site, existing man-made
structures or features and the probable impact of the development
on the environmental attributes on the site.
[7]
A community facility plan indicating the scope
and type of supporting community facilities which may include but
not be limited to educational or cultural facilities, historic sites,
libraries, hospitals, firehouses, municipal buildings and police stations.
[8]
A housing plan outlining the number of housing
units to be provided and the extent to which any housing obligation
assigned to the municipality pursuant to P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.) will be fulfilled by the development.
[9]
A local service plan indicating those public
services which the applicant proposes to provide and which may include
but not be limited to water, sewer, cable and solid waste disposal,
including separation and recycling of recyclable materials. The plan
shall also indicate anticipated ownership and responsibilities for
these facilities.
[10]
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or school district as a result of completion of the planned development. The fiscal report shall also include a projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedules provided under Subsection F(2)(c)[11] below and following completion of the planned development in its entirety.
[11]
A proposed timing schedule in
the case of a planned development whose construction is contemplated
over a period of years, including any terms or conditions which are
intended to protect the interests of the public and of the residents
who occupy any section of the planned development prior to the completion
of the project in its entirety. The development schedule referred
to herein need not be a schedule of specific dates but can be a series
of sequential events that provides for a logical progression of the
build-out and completion of the project in coordination with any on-site
and off-site improvements required by the Planning Board of the municipality.
[12]
A municipal development agreement,
which means a proposed written agreement between the municipality
and the applicant relating to the planned development.
(3)
Terms and duration of approval.
(a)
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection F(3)(b) below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(b)
In making its determination regarding the duration
of the effect of approval of the development plan, the Planning Board
shall consider the number of dwelling units or amount of nonresidential
floor area to be constructed, prevailing economic conditions, the
timing schedule to be followed in completing the development and the
likelihood of its fulfillment, the developer's capability of completing
the proposed development and the contents of the general development
plan and any conditions which the Planning Board attaches to the approval
thereof. In the event that a developer who has general development
plan approval does not apply for preliminary approval for the planned
development which is the subject of that general development plan
approval within five years of the date upon which the general development
plan has been approved by the Planning Board, the municipality shall
have cause to terminate the approval.
(c)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant general development plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 190-66D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Added 7-12-2001 by Ord. No. 12-2001]
(4)
Modification of proposed development schedule.
(a)
In the event that the developer seeks to modify
the proposed development schedule, such modification shall require
the approval of the Planning Board. The Planning Board shall, in deciding
whether or not to grant approval of the modification, take into consideration
prevailing economic and market conditions, anticipated and actual
needs for residential units and nonresidential space within the municipality
and the region and the availability and capacity of public facilities
to accommodate the proposed development.
(b)
The developer shall be required to gain the
prior approval of the Planning Board if, after approval of the general
development plan, the developer wishes to make any variation in the
location of land uses within the planned development or to increase
the density of residential development or the floor area ratio of
nonresidential development in any section of the planned development.
(5)
Amendments, revisions and allowable reductions.
(a)
Except as provided in Subsection F(5)(b) below, once a general development plan has been approved by the Planning Board, it may be amended or revised by the Planning Board upon application of the developer.
(b)
A developer, without violating the terms of
the general development plan approval granted by the Planning Board,
may, in undertaking any section of the planned development, reduce
the number of residential units or amounts of nonresidential floor
space in the section in question by no more than 15% or reduce the
residential density or nonresidential floor area ratio by no more
than 15%; provided, however, that a developer may not reduce the number
of residential units to be provided pursuant to P.L. 1985, c. 222
(N.J.S.A. 52:27D-30 et seq.) without prior municipal approval.
(6)
Notice of completion; nonfulfillment; termination
of approval.
(a)
Upon the completion of each section of the development
as set forth in the approved general development plan, the developer
shall notify the administrative officer of the municipality, by certified
mail, as evidence that the developer is fulfilling his obligations
under the approved plan. For purposes of this section, "completion"
of any section of the development means that the developer has acquired
a certificate of occupancy for every residential unit or every nonresidential
structure as set forth in the approved general development plan and
pursuant to § 15 of P.L. 1985, c. 217 (N.J.S.A. 52:27D-133).
If the municipality does not receive such notification at the completion
of any section of the development, the municipality shall notify the
developer, by certified mail, in order to determine whether or not
the terms of the approved plan are being complied with.
(b)
If the developer does not complete any section
of the development within eight months of the date provided for in
the approved plan, or if at any time the municipality has cause to
believe that the developer is not fulfilling his obligations pursuant
to the approved plan, the municipality shall notify the developer,
by certified mail, and the developer shall have 10 days within which
to give evidence that he is fulfilling his obligations pursuant to
the approved plan. The municipality shall thereafter conduct a hearing
to determine whether or not the developer is in violation of the approved
plan. If, after such a hearing, the municipality finds good cause
to terminate the approval, it shall provide written notice of same
to the developer and the approved plan shall be terminated 30 days
thereafter.
(c)
In the event that a developer who has a general
development plan approval does not apply for preliminary approval
for the planned development which is the subject of the general development
plan approval within the time provided in the developer's agreement
or within five years of the date upon which the general development
plan has been approved by the Planning Board (whichever is later),
the municipality shall have cause to terminate the approval.
(7)
Termination of approval upon completion. In the event
that a development which is the subject of an approved general development
plan is completed before the end of the term of approval, the approval
shall terminate upon the completion of the development. For purposes
of this section, a development shall be considered complete on the
date upon which certificate of occupancy has been issued for the final
residential or nonresidential structure in the last section of the
development in accordance with the timing schedule set forth in the
approved general development plan and the developer has fulfilled
all of his obligations pursuant to the approval.
G.
BASE DENSITY
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
DUPLEX
NET DENSITY
NURSING HOME
PLANNED RETIREMENT COMMUNITY DEVELOPMENT
QUADRUPLEX
TRACT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The permitted density when Pinelands development credits
are not employed, as specified in the R-I and R-A Districts.
A residential development for the exclusive habitation of
people age 62 or older and providing a variety of levels of care and
support activities for elderly residents, including intermediate care
beds and skilled nursing care beds, dining facilities, limited commercial
facilities, etc., all contained with a single development scheme and
as defined and regulated by the New Jersey Department of Health and
the New Jersey Department of Community Affairs.
A residential structure consisting of two dwelling units
arranged side by side.
The density of development of a specific portion of a development
tract (i.e., apartments, townhouses, patio houses, etc.).
An extended or intermediate care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
A residential development for the exclusive habitation of
people at age 55 or older, and includes nursing homes, continuing
care retirement communities (CCRC), licensed or regulated by the New
Jersey Department of Health or the New Jersey Department of Community
Affairs, as well as residential communities unlicensed or unregulated
but which retain a private age restriction mechanism.
A one-story residential structure consisting of four attached
dwelling units.
When used in connection to a planned retirement community,
the term shall refer to all portions of a single development scheme
under one ownership or control for purposes of a development application.
[1]
Editor's Note: Former § 190-55,
which provided for planned residential communities, was in effect
repealed 4-28-1976 by Ord. No. 2-1976.
[Amended 1-31-1977 by Ord. No. 1-1977]
A.
General provisions.
(1)
Before a construction permit or certificate of occupancy
shall be issued for a conditional use as permitted by this chapter
under P.L. 1975, c. 291,[1] application shall be made to the Planning Board. The applicant shall follow the procedures and guidelines prescribed in § 190-45, Site plan review.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
The Planning Board shall approve or deny conditional uses simultaneously with site plan or subdivision review. The Board shall follow the procedures outlined for site plan review, § 190-45.
(3)
The ninety-five-day time period for action by the Planning Board on conditional uses shall apply to such site plan review. Public notice of the hearing shall be required as stipulated in § 190-59E of this chapter.
(4)
In all requests for approval of conditional uses,
the burden of proof shall be on the applicant. The Board shall give
due consideration to all reasonable elements which could affect the
public health, welfare, safety, comfort and convenience, such as but
not limited to the proposed use(s), the character of the area, vehicular
travel patterns and access, pedestrianways, landscaping, lighting,
signs, drainage, sewage treatment, potable water supply, utilities
and building and structure location(s) and orientation(s). Conditional
uses must meet the requirements listed below in addition to those
outlined elsewhere.
B.
Auto service stations.
(1)
There shall be a minimum of 1,500 feet between service
stations, which distance shall be measured from the nearest property
lines.
(2)
No service station shall have an entrance or exit
for vehicles within 200 feet along the same side of a street as any
firehouse, school, playground, church, hospital, public building or
institution, except where such property is in another block or abuts
another street which the lot in question does not abut.
(3)
All appliances, pits, storage areas and trash facilities,
other than gasoline filling pumps or air pumps, shall be within a
building. Gasoline filling pumps shall be permitted within the required
front yard space of service stations, but shall be no closer than
50 feet to any future street line. All lubrication, repair or similar
activities shall be performed in a fully enclosed building and no
dismantled parts shall be displayed outside of an enclosed building.
(4)
No junked motor vehicle or part thereof or motor vehicles
incapable of normal operation upon the highways shall be permitted
on the premises of any service station. It shall be deemed prima facie
evidence of violation of this chapter if more than three motor vehicles
incapable of operation are located at any one time upon any premises
not within a closed and roofed building, excepting, however, that
a number not exceeding six motor vehicles may be located upon any
service station premises outside of a closed or roofed building for
a period of time not to exceed two days and provided that the owners
of said motor vehicles are awaiting their repair.
(5)
Landscaping shall be provided in the front yard area
equal to at least 25% of the front yard area, and such landscaping
shall be reasonably distributed throughout the entire front yard area.
(6)
The exterior display and parking of motor vehicles,
trailers, boats or other similar equipment for sale or rental purposes
shall not be permitted as part of a service station.
C.
Motels and hotels.
(1)
Any hotel or motel that may be constructed on a lot
or parcel of land must contain a minimum of at least 20 units of accommodation,
exclusive of a permanent, on-site superintendent's living quarters.
The minimum number of units of accommodation in any single building
shall be 10.
(2)
Each unit of accommodation shall contain a minimum
floor area of 250 square feet. Ceilings shall be a minimum of eight
feet in height.
(3)
Each unit of accommodation shall include a minimum
of two rooms, a bedroom and a separate bathroom which affords privacy
to a person within said room and which is equipped with a toilet,
a washbasin and a bathtub or shower, all properly connected to a water
and sewer system.
(4)
There shall be a residency limitation on all guests
of 30 days maximum. The foregoing residence limitation shall not apply
to an employee living on the premises.
D.
Planned retirement communities as regulated by § 190-55 shall be permitted only in accordance with the following conditions:
[Added 3-19-1992 by Ord. No. 1-1992]
(1)
Minimum tract size: 100 acres.
(2)
Minimum tract frontage: 300 feet on a collector or
arterial roadway.
(3)
Minimum access requirements: PRC's shall derive primary
access solely from a new collector roadway constructed to serve the
development. Such collector road shall provide linkage between a county
road and a state highway and shall not involve direct access to the
PRC tract from any existing Township streets.
(4)
Location of development. No construction of any building
shall be permitted in the area of inundation that would result from
the failure or breach of any dam in Pemberton Township unless the
developer shall first upgrade any such dam to conform to the standards
promulgated in N.J.A.C. 7:10-1.1 et seq.
E.
Light industrial, light assembly and warehouse or similar storage facilities as regulated by § 190-24.2 shall be permitted only in accordance with the following provisions.
[Added 2-15-2001 by Ord. No. 28-2000]
(1)
More than one conditional use may be permitted per
lot, provided that no more than one light industrial, light assembly
or warehouse use shall be permitted per acre of lot area.
(2)
All storage of raw materials or finished products
shall be conducted within completely enclosed buildings.
(3)
Maximum lot coverage shall not exceed 50%.
(4)
In oases where a permitted conditional use is situated
on a lot which abuts a residential property or zone, there shall be
a landscaped buffer strip along the perimeter of the property housing
the conditional use where it is adjacent to such residential property
or zone. Said buffer strip shall be at least 25 feet in width or depth
as measured from the residential property line. Fifteen feet of such
buffer nearest the residential property line shall be used as a planting
strip on which shall be placed fence or plant material, trees, shrubs
or combination thereof. Where fencing is used, it shall be 6 feet
in height. Plant material used as a landscape screen shall be at least
6 feet high at the time of planting and shall be of sufficient density
to provide year-round screening of activities at the conditional use.
(5)
No less than one parking space shall be provided for
every 500 square feet of gross floor area, plus one space for each
company vehicle normally stored on the premises.
(6)
No retail sale of any merchandise shall be permitted
on the premises.
(7)
No wholesale operations shall include truck terminals
or other heavy trucking installation.
F.
Taxicab operations as regulated by § 190-23B(10) and § 190-24B(17) shall be permitted only in accordance with the following provisions:
[Added 1-4-2001 by Ord. No. 26-2000]
(1)
No maintenance and repair of any taxicab or other
vehicle shall be permitted on the premises.
(3)
All parking areas and access drives shall be adequately buffered and screened from all common property lines in accordance with the general requirements for the zone in which the taxicab operation is located, and in accordance with § 190-39. This shall include at least a continuous hedge of evergreen plantings at least four feet in height between parking areas and street and lot lines, so that parked vehicles will be screened from view from any adjoining property or street.
(4)
There shall be no exterior sound amplification systems
or devices of any kind used in conjunction with the taxicab operation.
(6)
The taxicab operation shall provide adequate indoor
seating for employees so that no employees shall loiter or await calls
for service outdoors at any time.
G.
Cannabis retail establishment.
[Added 8-18-2021 by Ord.
No. 29-2021]
(1)
The cannabis retail establishment shall comply with the area and
dimensional regulations of the underlying zoning district.
[Amended 5-18-2022 by Ord. No. 10-2022]
(3)
The cannabis retail establishment shall be located in the following
manner:
(a)
In a stand-alone, single use building, or
[Amended 5-18-2022 by Ord. No. 10-2022]
(b)
On the first floor of a commercial building the contains other
commercial businesses permitted in the underlying zoning district,
or
[Amended 5-18-2022 by Ord. No. 10-2022]
(c)
On the first floor of a shopping center consisting of one or
more principal buildings.
(4)
Signage identifying the cannabis retail establishment shall be restricted
in the following manner:
(b)
For commercial buildings and shopping centers that contain other commercial businesses, signage identifying the retail operation shall be limited to one facade sign and one freestanding monument or pylon sign for multiple occupants. The facade and freestanding monument sign shall comply with the provisions set forth in §§ 190-41 and 190-44.
(c)
Window and temporary signs shall be prohibited.
(d)
Door signs shall be limited to the name of the business, street
address, and days and hours of operation.
(e)
Exterior and interior signage shall be prohibited from containing
text and/or images that promote excessive consumption of legal cannabis
products.
(5)
A Class 5 cannabis retailer shall not be located within a distance
of 500 feet from the boundaries of the property on which the retail
operation is located to the boundaries of the property on which the
following land uses are located: a public or private school including
elementary, vocational, or secondary schools, colleges, and universities;
a state-licensed childcare center; a house of worship; and a state-licensed
addiction recovery facility.
(6)
A Class 5 cannabis retailer shall not be located within a distance
of 500 feet from the boundaries of the property on which the retail
operation is located to the boundaries of the property on which another
Class 5 cannabis retailer is located.
(7)
The days and hours of operation for a Class 5 cannabis retailer shall
be limited to: Monday through Saturday, 9:00 a.m. through 9:00 p.m.;
and Sunday, 12:00 noon through 7:00 p.m.
(8)
On-site sales of alcohol or tobacco products are prohibited.
(9)
On-site consumption of food, alcohol, tobacco, or cannabis products
by patrons is prohibited.
(10)
Security requirements for Class 5 cannabis retailers:
(a)
All licensed retail establishments shall be equipped with security
cameras covering all exterior parking and loading areas, all points
of entry into the facilities, and interior spaces that are open to
the public and that are used to store cannabis products.
[1]
Security cameras shall be installed to monitor and record all
areas of the premises, except in restrooms, and where persons may
gain or attempt to gain access to cannabis products or cash maintained
by the cannabis retailer. Cameras shall record operations of the business
and all potential areas of ingress and egress to the facility with
sufficient detail to identify facial features and clothing. Recordings
from security cameras shall be maintained for a minimum of 40 days
in a secure offsite location or through a service over a network that
provides on-demand access, commonly referred to as a "cloud." The
offsite location shall be submitted to the Pemberton Township Police
Department and shall be updated within 48 hours of any change of such
location.
[2]
All licensed retail establishments shall provide the Pemberton Township
Police Department with access to recorded security footage immediately
upon request by the Department.
[3]
All licensed retail establishments shall have at least one privately
license security guard stationed at each facility during operation
and when the facility is open to the public. The expense of providing
the privately licensed security guard shall be paid by the cannabis
establishment.
[4]
All licensed retail establishments shall provide a dimensioned
floor plan, clearly labeled, showing: the layout of the structure
and floor plan in which the retail operation is to be located; the
principal uses of the floor area depicted on the floor plan including,
but not limited to, public areas, retail areas, storage areas and
restricted areas where cannabis products will be located; all points
of entry into the facility; and the locations of all security cameras
that will be positioned within the facility.
[5]
All licensed retail establishments shall provide a plan for
exterior lighting for security purposes.
[6]
All licensed retail establishments shall install and use a safe
for storage of any cannabis products and cash on the premises when
the business is closed to the public. The safe shall be incorporated
into the building structure or securely attached thereto as approved
by the Pemberton Township Police Department and Construction Official.
[7]
All licensed retail establishments shall install and use an
alarm system that is monitored by a company that is staffed 24 hours
a day, seven days a week. The name, location and contact information
of the company monitoring the alarm shall be provided to the Pemberton
Police Department and shall be updated within 48 hours of any change
of monitoring company. If the alarm system includes a panic alarm,
an operable dedicated phone for Pemberton Police Department to respond
to the alarm shall remain on the premises at all times.
H.
Cannabis delivery establishment operations as regulated by § 190-1 et seq. shall be permitted only in accordance with the following provisions:
[Added 8-18-2021 by Ord.
No. 29-2021]
(1)
No maintenance and repair of any vehicle shall be permitted on the
premises.
(3)
All parking areas and access drives shall be adequately buffered and screened from all common property lines in accordance with the general requirements for the zone in which the cannabis delivery operation is located, and in accordance with § 190-39.
(4)
There shall be no exterior sound amplification systems or devices
of any kind used in conjunction with the cannabis delivery operation.
(6)
The cannabis delivery operation shall provide adequate indoor seating
for employees so that no employees shall loiter or await calls for
service outdoors at any time.
I.
AR and AP Districts.
[Added 8-18-2021 by Ord.
No. 29-2021]
(1)
The following class cannabis establishments are permitted as conditional
uses in the AR and AP Districts:
|
Class
|
Description
|
|---|---|
|
1
|
Cannabis cultivator
|
|
2
|
Cannabis manufacturer
|
|
3
|
Cannabis wholesaler
|
|
4
|
Cannabis distributor
|
(2)
The foregoing class cannabis establishments shall comply with the
following requirements:
(a)
Class 1, 2, 3, and 4 cannabis establishments shall be located
on a single-use site that shall be devoid of other principal uses.
Only one cannabis establishment shall be permitted on the single-use
site.
(b)
Cannabis establishments shall comply with the following bulk,
area, and yard requirements:
[Amended 5-18-2022 by Ord. No. 10-2022]
|
Description
|
AR Requirement
|
AP Requirement
|
|---|---|---|
|
Minimum lot area
|
6 acres
|
10 acres
|
|
Minimum lot frontage
|
200 feet
|
250 feet
|
|
Minimum lot width
|
200 feet
|
250 feet
|
|
Minimum lot depth
|
400 feet
|
600 feet
|
|
Principal building yard setbacks
| ||
|
Front
|
100 feet
|
100 feet
|
|
Side
|
50 feet
|
50 feet
|
|
Rear
|
100 feet
|
100 feet
|
|
Maximum building coverage
|
10%
|
10%
|
|
Maximum site coverage
|
30%
|
30%
|
|
Maximum building height
|
35 feet
|
35 feet
|
|
Notwithstanding the minimum, no such minimum lot area shall be less than that needed to meet the water quality standards of § 190-50H(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
|
(c)
Signage identifying the cannabis establishment shall be restricted
in the following manner:
[3]
Window and temporary signs shall be prohibited.
[4]
Door signs shall be limited to the name of the business, street
address, and days and hours of operation.
[5]
Exterior and interior signage shall be prohibited from containing
text and/or images that promote excessive consumption of legal cannabis
products.
(d)
A Class 1, 2, 3, and 4 cannabis establishment shall not be located
within a distance of 1,000 feet from the boundaries of the property
on which the cannabis establishment is located to the boundaries of
the property on which the following land uses are located: a public
or private school including elementary, vocational, or secondary schools,
colleges, and universities; a state-licensed childcare center; a house
of worship; and a state-licensed addiction recovery facility.
(e)
A Class 1, 2, 3, and 4 cannabis establishment shall not be located
property on which the cannabis establishment is located to the boundaries
of the property on which another Class 1, 2, 3, and 4 cannabis establishment
is located.
[Amended 5-18-2022 by Ord. No. 10-2022]
(f)
The days and hours of operation for Class 1, 2, 3, and 4 cannabis
establishment shall comply with the following limitations:
(g)
The cannabis establishment shall be duly licensed by the State
of New Jersey with its license maintained in good standing.
(h)
On-site sales of alcohol or tobacco products are prohibited.
(i)
On-site consumption of food, alcohol, tobacco, or cannabis products
by patrons is prohibited.
(j)
Security Requirements for Class 1, 2, 3, and 4 cannabis establishments:
[1]
All licensed facilities shall be equipped with security cameras
covering all exterior parking and loading areas, all points of entry
into the facilities, and interior spaces that are open to the public
and that are used to store cannabis products.
[a]
Security cameras shall be installed to monitor
and record all areas of the premises, except in restrooms, and where
persons may gain or attempt to gain access to cannabis products or
cash maintained by the cannabis establishment. Cameras shall record
operations of the business and all potential areas of ingress and
egress to the facility with sufficient detail to identify facial features
and clothing. Recordings from security cameras shall be maintained
for a minimum of 40 days in a secure offsite location or through a
service over a network that provides on-demand access, commonly referred
to as a "cloud." The offsite location shall be submitted to the Pemberton
Township Police Department and shall be updated within 48 hours of
any change of such location.
[2]
All licensed cannabis establishments shall provide the Pemberton
Township Police Department with access to recorded security footage
immediately upon request by the Department.
[3]
All licensed cannabis establishments shall have at least one
privately licensed security guard stationed at each facility during
operation. The expense of providing the privately licensed security
guard shall be paid by the cannabis establishment.
[4]
All licensed retail establishments shall provide a dimensioned
floor plan, clearly labeled, showing: the layout of the structure
and floor plan in which the retail operation is to be located; the
principal uses of the floor area depicted on the floor plan including,
but not limited to, public areas, processing and manufacturing areas,
loading and unloading areas, storage areas and restricted areas where
cannabis products will be located, storage areas and restricted areas
where cannabis products will be located; all points of entry into
the facility; and the locations of all security cameras that will
be positioned within the facility.
[5]
All licensed cannabis establishments shall provide a plan for
exterior lighting for security purposes.
[6]
All licensed cannabis establishments shall install and use a
safe for storage of any cannabis products and cash on the premises
when the business is closed. The safe shall be incorporated into the
building structure or securely attached thereto as approved by the
Pemberton Township Police Department and Construction Official. For
cannabis products that require refrigerated storage, the refrigerated
container or freezer shall be locked in a manner authorized by the
Pemberton Township Police Department.
[7]
All licensed cannabis establishments shall install and use an
alarm system that is monitored by a company that is staffed 24 hours
a day, seven days a week. The name, location and contact information
of the company monitoring the alarm shall be provided to the Pemberton
Police Department and shall be updated within 48 hours of any change
of monitoring company. If the alarm system includes a panic alarm,
an operable dedicated phone for Pemberton Police Department to respond
to the alarm shall remain on the premises at all times.
[8]
The perimeter of the parcel of land on which the cannabis establishment
is located shall be fenced in the following manner:
[a]
An eight-foot-high black or green vinyl coated
chain link fence shall circumscribe the cannabis establishment by
enclosing the rear and side yards of the parcel of land and connecting
to the building and/or buildings in which the cannabis establishment
operates so as to avoid locating the fence in the front yard.
[b]
An eight-foot-high gate shall be provided as the
single point of access in the driveway from the public road to the
cannabis establishment. The gate shall be incorporated into the eight-foot-high
fence that circumscribes the cannabis establishment. A security camera,
which is previously described in this section, shall be provided to
monitor, and record all vehicles and pedestrians moving through the
gate.
[c]
The chain link openings of the fence fabric shall
be restricted to a size that prohibits the ability of adults and children
to climb the fence. The Township Engineer shall approve the chain
link openings of the fence fabric before it is installed.
J.
NC, NCP, and GCLI Districts.
[Added 8-18-2021 by Ord.
No. 29-2021]
(1)
The following class cannabis establishments are permitted as conditional
uses in the NC, NCP and GCLI Districts:
|
Class
|
Description
|
|---|---|
|
2
|
Cannabis manufacturer
|
|
3
|
Cannabis wholesaler
|
|
4
|
Cannabis distributor
|
(2)
The foregoing class cannabis establishments shall comply with the
following requirements:
(a)
Class 2, 3, and 4 cannabis establishments shall be located on
a single-use site that that shall be devoid of other principal uses.
Only one cannabis establishment shall be permitted on the single-use
site.
(b)
Cannabis establishments shall comply with the following bulk,
area, and yard requirements:
[Amended 5-18-2022 by Ord. No. 10-2022]
|
Description
|
NC Requirement
|
NCP Requirement
|
GCLI Requirement
|
|---|---|---|---|
|
Minimum lot area
|
2 acres
|
2 acres
|
2 acres1
|
|
Minimum lot frontage
|
200 feet
|
200 feet
|
200 feet
|
|
Minimum lot width
|
200 feet
|
200 feet
|
200 feet
|
|
Minimum lot depth
|
400 feet
|
400 feet
|
400 feet
|
|
Principal building yard setbacks
| |||
|
Front
|
100 feet
|
100 feet
|
100 feet
|
|
Side
|
50 feet
|
50 feet
|
50 feet
|
|
Rear
|
100 feet
|
100 feet
|
100 feet
|
|
Maximum building coverage
|
25%
|
25%
|
25%
|
|
Maximum site coverage
|
65%
|
65%
|
70%
|
|
Maximum building height
|
40 feet
|
40 feet
|
40 feet2
|
|
1
|
Notwithstanding the minimum lot areas set forth, no such minimum lot area for a nonresidential use within the Agricultural Production Area portion of the GCLI District shall be less than that needed to meet the water quality standards of § 190-50H(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
|
|
2
|
In the Pinelands Agricultural Area portion of the GCLI District,
the maximum height of a Class 2, 3, or 4 cannabis establishment shall
not exceed 35 feet.
|
(c)
Signage identifying the cannabis establishment shall be restricted
in the following manner:
[3]
Window and temporary signs shall be prohibited.
[4]
Door signs shall be limited to the name of the business, street
address, and days and hours of operation.
[5]
Exterior and interior signage shall be prohibited from containing
text and/or images that promote excessive consumption of legal cannabis
products.
(d)
A Class 2, 3, and 4 cannabis establishment shall not be located
within a distance of 1,000 feet from the boundaries of the property
on which the cannabis establishment is located to the boundaries of
the property on which the following land uses are located: a public
or private school including elementary, vocational, or secondary schools,
colleges, and universities; a state-licensed childcare center; a house
of worship; and a state-licensed addiction recovery facility.
(e)
A Class 2, 3, and 4 cannabis establishment shall not be located
within a distance of 500 feet from the boundaries of the property
on which the cannabis establishment is located to the boundaries of
the property on which another Class 1, 2, 3, and 4 cannabis establishment
is located.
(f)
The days and hours of operation for Class 2, 3, and 4 cannabis
establishment shall comply with the following requirements:
[1]
Class 2 cannabis manufacturer, Class 3 cannabis wholesaler and
Class 4 cannabis distributor: Monday through Saturday, 7:00 a.m. to
7:00 p.m.
(g)
The cannabis establishment shall be duly licensed by the State
of New Jersey with its license maintained in good standing.
(h)
On-site sales of alcohol or tobacco products are prohibited.
(i)
On-site consumption of food, alcohol, tobacco, or cannabis products
by patrons is prohibited.
(j)
Security Requirements for Class 2, 3, and 4 cannabis establishments:
[1]
All licensed facilities shall be equipped with security cameras
covering all exterior parking and loading areas, all points of entry
into the facilities, and interior spaces that are open to the public
and that are used to store cannabis products.
[a]
Security cameras shall be installed to monitor
and record all areas of the premises, except in restrooms, and where
persons may gain or attempt to gain access to cannabis products or
cash maintained by the cannabis establishment. Cameras shall record
operations of the business and all potential areas of ingress and
egress to the facility with sufficient detail to identify facial features
and clothing. Recordings from security cameras shall be maintained
for a minimum of 40 days in a secure offsite location or through a
service over a network that provides on-demand access, commonly referred
to as a "cloud." The offsite location shall be submitted to the Pemberton
Township Police Department and shall be updated within 48 hours of
any change of such location.
[2]
All licensed cannabis establishments shall provide the Pemberton
Township Police Department with access to recorded security footage
immediately upon request by the Department.
[3]
All licensed cannabis establishments shall have at least one
privately licensed security guard stationed at each facility during
operation. The expense of providing the privately licensed security
guard shall be paid by the cannabis establishment.
[4]
All licensed retail establishments shall provide a dimensioned
floor plan, clearly labeled, showing: the layout of the structure
and floor plan in which the retail operation is to be located; the
principal uses of the floor area depicted on the floor plan including,
but not limited to, public areas, processing and manufacturing areas,
loading and unloading areas, storage areas and restricted areas where
cannabis products will be located, storage areas and restricted areas
where cannabis products will be located; all points of entry into
the facility; and the locations of all security cameras that will
be positioned within the facility.
[5]
All licensed cannabis establishments shall provide a plan for
exterior lighting for security purposes.
[6]
All licensed cannabis establishments shall install and use a
safe for storage of any cannabis products and cash on the premises
when the business is closed. The safe shall be incorporated into the
building structure or securely attached thereto as approved by the
Pemberton Township Police Department and Construction Official. For
cannabis products that require refrigerated storage, the refrigerated
container or freezer shall be locked in a manner authorized by the
Pemberton Township Police Department.
[7]
All licensed cannabis establishments shall install and use an
alarm system that is monitored by a company that is staffed 24 hours
a day, seven days a week. The name, location and contact information
of the company monitoring the alarm shall be provided to the Pemberton
Police Department and shall be updated within 48 hours of any change
of monitoring company. If the alarm system includes a panic alarm,
an operable dedicated phone for Pemberton Police Department to respond
to the alarm shall remain on the premises at all times.
[8]
The perimeter of the parcel of land on which the cannabis establishment
is located shall be fenced in the following manner:
[a]
An eight-foot-high black or green vinyl coated
chain link fence shall circumscribe the cannabis establishment by
enclosing the rear and side yards of the parcel of land and connecting
to the building and/or buildings in which the cannabis establishment
operates so as to avoid locating the fence in the front yard.
[b]
An eight-foot-high gate shall be provided as the
single point of access in the driveway from the public road to the
cannabis establishment. The gate shall be incorporated into the eight-foot-high
fence that circumscribes the cannabis establishment. A security camera,
which is previously described in this section, shall be provided to
monitor, and record all vehicles and pedestrians moving through the
gate.
[c]
The chain link openings of the fence fabric shall
be restricted to a size that prohibits the ability of adults and children
to climb the fence. The Township Engineer shall approve the chain
link openings of the fence fabric before it is installed.
[Added 12-15-1994 by Ord. No. 8-1994; amended 9-19-2002 by Ord. No. 19-2002]
A.
Upon application to the governing body, special use
permits may be granted to permit such outdoor activities as yard sales
or flea markets or other temporary sales event not otherwise permitted
under this chapter when operated by nonprofit organizations for fundraising
activities. The governing body shall review the location of such proposed
outdoor sales and shall limit the duration of such sales to no more
than 10 days per calendar year for each nonprofit organization.
B.
Sidewalk sales. Upon application to the governing
body, special use permits may be granted to retail sales establishments
in the Town Center Zoning District to permit occasional sidewalk sales
which are not otherwise permitted under this chapter. The governing
body shall review the location of such proposed outdoor sales and
shall limit the duration of such sales to no more than eight days
per calendar year for each retail sales establishment when operated
in accordance with the special use provisions identified herein. The
term "sidewalk" as used in this section shall be deemed to mean any
area on, adjacent, or near a sidewalk which the Township Council deems
to be an appropriate area for the conduct of such activities and need
not be specifically limited to the concrete sidewalk area itself.
Under no circumstances, however, shall any such sales take place within
fire zones, "no parking" areas, or other restricted spaces.
(1)
Hours of operation. Sidewalk sales may be conducted
during daylight hours and shall be limited from store opening or 9:00
a.m., whichever is later, until 6:00 p.m. or sunset, whichever is
earlier.
(2)
Merchandise displays. Sidewalk sales merchandise,
display equipment, including but not limited to clothing and merchandise
racks, sales bins, shelving, etc., shall only be permitted on the
shopping center sidewalk during hours of operation. All sidewalk sales
merchandise and display equipment shall be removed from the sidewalk
and stored indoors and out of view of the public.
(3)
Advertising signs and banners. The use of advertising
signs and banners may be permitted, subject to the approval of the
governing body, up to 72 hours before and during hours of sidewalk
sales operation. All advertising signs and banners shall be taken
down and stored inside the store and out of public view at the conclusion
of the sidewalk sale.
(4)
The conduct of sidewalk sales may be ordered
to be ceased and all merchandise ordered removed from the sidewalk
at any time during hours of operation by the Township Zoning Officer
when not conducted in accordance with the special use provisions of
this section, and/or when, in the opinion of the Zoning Officer, such
sales are conducted in an unsafe manner or when such sales include
merchandise that is inconsistent with the retail sales inventory normally
offered within the retail sales establishment.
(5)
Food or perishable goods. No food or perishable
goods of any kind may be sold or offered at a sidewalk sale.
(6)
Location of merchandise. All merchandise offered
at a sidewalk sale shall be located immediately in front of the retail
sales establishment selling its own merchandise. All merchandise shall
be organized and maintained at all times in a neat and orderly manner.
(7)
Traffic impediments prohibited. No sidewalk
sale may be conducted in any fashion which impedes, interferes, or
obstructs, in any fashion, either pedestrian or vehicular traffic.
[Added 12-15-1994 by Ord. No. 8-1994]
An exempt home occupation, as defined in § 190-5 of this chapter, is hereby permitted and authorized in any single-family dwelling.
