[Amended 2-19-1990 by Ord. No. 2-1990; 12-28-2000 by Ord. No.
34-2000]
A.
Permitted principal uses.
(1)
Commercial retail centers and individual retail units
fronting on arterial or major collector rights-of-way.
(2)
Light manufacturing and assembly.
(3)
Research, design, and experimental equipment operations
laboratories.
(4)
Warehousing and distribution.
(5)
A contractor's, craftsman's or general service shops,
including plumbing, heating, carpentry, welding and similar shops.
(6)
General and professional office building.
(7)
Wholesale.
(8)
Conference center/lodging complex.
(9)
Any combination of the above within a building or
tract.
(10)
Agriculture.
[Added 11-16-2020 by Ord. No. 10-2020; amended 3-15-2021 by Ord. No. 2-2021]
B.
C.
The following uses shall be considered conditionally permitted:
[Added 7-19-2021 by Ord.
No. 8-2021]
(1)
Class 1 cannabis cultivator: Any licensed person or entity that grows,
cultivates, or produces cannabis in this state, and sells, and may
transport, this cannabis to other cannabis cultivators, or usable
cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis
retailers, but not to consumers.
(2)
Class 2 cannabis manufacturer: Any licensed person or entity that
processes cannabis items in this state by purchasing or otherwise
obtaining usable cannabis, manufacturing, preparing and packaging
cannabis items, and selling, and optionally transporting, these items
to other cannabis manufacturers, cannabis wholesalers, or cannabis
retailers, but not to consumers.
(3)
Class 3 cannabis wholesaler: Establishments or places of business
primarily engaged in selling merchandise to other businesses, including
retailers, industrial, commercial, institutional, or professional
business users, other wholesalers, or acting as agents or brokers
and buying merchandise for, or selling merchandise to, such individuals
or companies.
(4)
Class 4 cannabis distributor: The bulk transportation of cannabis
items to and from licensed cannabis establishments.
(5)
Class 6 cannabis delivery service: The delivery of cannabis items
and related supplies fulfilled by a licensed cannabis retailer to
consumers.
D.
The aforestated conditional uses shall meet the relevant required
conditions, as noted below:
[Added 7-19-2021 by Ord.
No. 8-2021]
(2)
Buildings: With the exception of loading and transportation activities
incidental to the operation of the cannabis business, all operations
shall be located within enclosed heated and air-conditioned buildings
and shall not be permitted in greenhouses, hoop houses, or outdoors.
(3)
Hours of operation: With the exception of security operations, hours
of operation shall be limited to 7:00 a.m. through 11:00 p.m. daily.
No licensed cannabis business shall operate between the hours of 11:01
p.m. and 6:59 a.m. on any day.
(4)
Odor control: All facilities shall provide an air treatment system
with sufficient odor-absorbing ventilation and exhaust systems such
that any odor generated inside the facility is not detectable by a
person of reasonable sensitivity anywhere on adjacent property, within
public rights-of-way, or within any other unit located within the
same building as the licensed facility if the use only occupies a
portion of a building. Odor from the facility shall be monitored on
an annual basis at the discretion of the Township by a licensed, qualified
contractor chosen by the Township at a cost that shall be paid for
by the licensed business.
(5)
Noise: For any licensed cultivation, processing, manufacturing, or
similar operation, the facility shall provide for noise mitigation
features designed to minimize disturbance from machinery, processing
and/or packaging operations, loading, and other noise-generating equipment
or machinery. All licensed facilities must operate within applicable
state decibel limitations.
(6)
Security: To the extent not already required by the entity's
state license, all sites must be equipped with security cameras covering
all exterior parking and loading areas, points of entry, and interior
spaces which are either open to the public or used for the storage
or processing of cannabis products. Footage must be maintained for
the duration required under state law. All licensed facilities must
provide the Township of Greenwich Police Department access to security
footage immediately upon request by the Department.
(7)
Fencing: All facilities shall be enclosed by a security fence with a height of eight feet. Fences shall otherwise comply with the requirements outlined in § 700-62 (Fences and enclosure walls).
(8)
Off-street parking: Off-street parking shall be provided in accordance
with the Township of Greenwich Zoning Ordinance, as deemed sufficient
by the members and professionals of the Borough Planning/Zoning Board.
A.
B.
Individual site development.
A.
Electricity. Electronic equipment shall be shielded
so there is no interference with any radio or television reception
beyond the operator's property as the result of the operation of such
equipment.
B.
Glare. No use shall direct or reflect a steady or
flashing light beyond its lot lines. Exterior lighting and lighting
resulting from any manufacturing or assembly operations shall be shielded,
buffered and directed as approved on the site plan so that glare,
direct light, flashes or reflection will not interfere with the normal
use of nearby properties, dwelling units and streets.
C.
Heat. Sources of heat, including but not limited to
steam, gases, vapors, products of combustion or chemical reaction,
shall not discharge onto or directly contact structures, plant or
animal life on neighboring uses. No use, occupation, activity, operation
or device shall cause an increase in ambient temperature, as measured
on the boundary between neighboring uses.
D.
Radioactivity. No use, activity, operation or device
concerned with the utilization or storage or radioactive materials
shall be established, modified, constructed or used without there
having first been obtained valid permits and certificates from the
Office of Radiation Protection, New Jersey Department of Environmental
Protection. Proof of compliance with this requirement shall be the
submission of duplicate copies of said permits and certificates.
E.
Vibrations.
(1)
Standard. Ground-transmitted vibrations shall be measured
with a seismograph or complement of instruments capable of recording
vibration displacement and frequency in the three mutually perpendicular
directions, simultaneously.
(2)
Vibration level restrictions. Vibration levels shall
not exceed a particle velocity of 0.05 inch per second in any district.
During the hours of 9:00 p.m. to 7:00 a.m. in residential districts,
vibration levels shall not exceed a particle velocity of 0.02 inch
per second. Measurements shall be made at the points of maximum vibration
intensity and/or beyond adjacent lot lines or neighboring uses, whichever
is more restrictive.
F.
Airborne emissions. In all districts, no use, activity,
operation or device shall be established, modified, constructed or
used without having obtained any required permits and certificates
from the Bureau of Air Pollution Control, NJDEP. Specifically, no
use, activity, operation or device shall be established, modified
or constructed without a valid permit to construct. No use, activity,
operation or device shall be operated, occupied or used without a
valid certificate to operate control apparatus or equipment. Proof
of compliance with this requirement shall be the submission of duplicate
copies of the permit to construct and certificate to operate. In addition
to the requirements of the NJDEP, the following shall also apply:
(1)
Steam emissions. No visible emissions of steam, having
an equivalent capacity greater than 60% and expecting direct results
of combustion, shall be permitted within 500 feet of a residential
district.
(2)
Toxic matter. Emissions of chemicals, gases, components
or elements, listed as being toxic matter by the American Conference
of Governmental Hygienists, the New Jersey Department of Labor and
Industry (NJDLI), or the United States Environmental Protection Agency
(USEPA), shall not exceed the threshold level, as determined in accordance
with ASTM D 1391. The emission of concentrations, levels or mass loadings
in excess of the threshold value shall be permitted only if the emissions
of said toxic matter comply with the applicable regulations of the
NJDEP, the NJDLI, and the USEPA. Proof of compliance shall require
the submission of duplicate copies of certifications or permits from
the NJDEP and the NJDLI approving the concentrations, level or loading
proposed by the applicant.
(3)
Odorous matter. No odor shall be emitted that is detectable
by the human olfactory sense at or beyond an adjacent lot line.
G.
Noise emissions.
(1)
Standard. Noise shall be measured with a sound level
meter complying with the standards of the American National Standards
Institute. American Standards Specifications for General Purpose Sound
Level Meters (ANSI S.1.4-1961 or its latest revisions). The instrument
shall be set to the A-weighted response scale and the metering to
the slow response. Measurement shall be conducted in accordance with
the American Standard Method for the Physical Measurement of Sound
(ANSI S.1.2-1961 or its latest revision).
(2)
In accordance with N.J.A.C. 7:29-1.2:
(a)
No person shall cause, suffer, allow, or permit
sound from any industrial, commercial, public service or community
service facility that, when measured at any residential property line,
is in excess of any of the following:
[1]
From 7:00 a.m. to 10:00 p.m.:
[a]
Continuous airborne sound which
has a sound level in excess of 65 dBA; or
[b]
Continuous airborne sound which
has an octave band sound pressure level in decibels which exceeds
the values listed below in one or more octave bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
96
| |
|
63
|
82
| |
|
125
|
74
| |
|
250
|
67
| |
|
500
|
63
| |
|
1,000
|
60
| |
|
2,000
|
57
| |
|
4,000
|
55
| |
|
8,000
|
53
| |
|
or
|
[c]
Impulsive sound in air which has
a peak sound pressure level in excess of 80 decibels.
[2]
From 10:00 p.m. to 7:00 a.m.:
[a]
Continuous airborne sound which
has a sound level in excess of 50 dBA; or
[b]
Continuous airborne sound which
has an octave sound band sound pressure level in decibels which exceeds
the value listed below in one or more octave bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
86
| |
|
63
|
71
| |
|
125
|
61
| |
|
250
|
53
| |
|
1,000
|
45
| |
|
2,000
|
42
| |
|
4,000
|
40
| |
|
8,000
|
38
| |
|
or
|
[c]
Impulsive sound in air which has
a peak sound pressure level in excess of 80 decibels.
(b)
No person shall cause, suffer, allow or permit
sound from any industrial, commercial, public service or community
service facility that, when measured at any residential property line
of any other commercial facility is in excess of any of the following:
[1]
Continuous airborne sound which has a sound
level in excess of 65 dBA; or
[2]
Continuous airborne sound which has an octave
band sound pressure level in decibels which exceeds the values listed
below in one or more octave bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
96
| |
|
63
|
82
| |
|
125
|
74
| |
|
250
|
67
| |
|
500
|
63
| |
|
1,000
|
60
| |
|
2,000
|
57
| |
|
4,000
|
55
| |
|
8,000
|
53
| |
|
or
|
[3]
Impulsive sound in air which has a peak sound
pressure level in excess of 80 decibels.
H.
Storage and waste disposal. In all districts permitting
such an operation, use or any activity involving the manufacture,
utilization or storage of flammable, combustible and/or explosive
materials, such storage shall be conducted in accordance with the
regulations promulgated by the NJDLI or the Fire Code of the National
Fire Protection Association, whichever is more restrictive.
(1)
All flammable, explosive and/or combustible material
shall be stored in accordance with the National Fire Protection of
New Jersey Department of Labor and Industry Codes, whichever is more
restrictive.
(2)
All outdoors storage facilities for fuel, raw materials
and products stored outdoors wherever permitted shall be enclosed
by an approved safety fence and visual screen and shall conform to
all-year requirements imposed upon the principal buildings in the
district.
(3)
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life or be allowed to enter any stream or watercourse.
(4)
All materials or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects shall be stored outdoors only if
enclosed in containers that are adequate to eliminate such hazards.
(5)
All storage facilities for deicing chemicals shall
be lined to prevent leaking into the soil and shall be covered with
an impermeable surface which shields the facility from precipitation.
(6)
All permanent outdoor solid waste receptacle stations
shall be screened on three sides by an opaque fence or wall no less
than six feet in height or one foot above the height of the receptacle,
whichever is greater. The fourth side shall consist of a solid gate
opening outwards. The stations shall not be located in any required
yard areas or site triangles.
I.
No outside storage of trash, garbage, rubbish and
debris until such time a collection is scheduled.
J.
All loading shall be out of view of the roadway.
K.
Hours of operation shall be restricted to a reasonable
time as approved by the Board, considering the surrounding neighborhood.
L.
Architectural elevations in this district shall consist
of 25% decorative masonry units and 25% glass or a combination of
the two materials for a minimum of 50% of the front facade.
