Any use permitted with a conditional use permit in any zoning district, pursuant to Article VI, shall be required to meet the following minimum standards. Additional standards pursuant to the specific use may be required over and above these standards.
A.
The location and size of the use, the nature and intensity of the
operations involved, the size of the site in relation to the use and
the location of the site with respect to existing and future streets
and roads providing access shall be in harmony with the orderly development
of the zoning district and neighborhood in which the proposed use
would be located.
B.
The location, nature and height of the buildings, structures, equipment,
walls and fences and the nature and intensity of intended operations
will not discourage the appropriate development of adjacent land and
buildings or impair the value thereof.
C.
All proposed traffic entrances to the site shall be adequate but not excessive in number; adequate in width, grade, alignment and visibility; sufficiently separated from street intersections; and meet similar safety considerations pursuant to Article VIII of this chapter. Adequate off-street parking and loading spaces shall be provided, pursuant to Article VIII of this chapter.
D.
In all residential and business zoning districts, the location, design,
and character of the proposed use shall allow for adequate pedestrian
access, circulation, and safety by providing direct and safe walkways
between public sidewalks, parking lots, and building entrances.
E.
All proposed buildings, structures, equipment and/or material shall
be readily accessible for fire and police protection, as well as for
ambulance, rescue, and other emergency response.
F.
The character and appearance of the proposed use, buildings, structures
and/or outdoor signs shall be in general harmony with the character
and appearance of the surrounding neighborhood, shall not be more
objectionable to nearby properties by reason of noise, fumes, vibration
or flashing lights than would the operations of any permitted principal
use and shall not adversely affect the health, safety, and general
welfare of the residents of the Township of Irvington.
G.
The use shall meet the prescribed area and bulk requirements for
the zoning district in which it is located, or as further specified
by the regulations of this chapter, including such matters as minimum
setback, maximum height, required off-street parking and sign regulations.
H.
The utility services required to support the proposed activity or
use are, or will be, available to meet the needs of the proposed activity
or use. This consideration shall include the suitability of water
supply and sanitary sewage facilities to accommodate the intended
use.
I.
The use shall be carried out in a manner compatible with its natural
and man-made surroundings and with due consideration to drainage patterns,
streams, wetlands, and steep slopes.
J.
The Planning Board may impose additional conditions and restrictions
upon the special permit as may be reasonably necessary to assure continual
conformance with all applicable standards and requirements, including
reasonable assurance that these conditions and restrictions can be
responsibly monitored and enforced.
K.
The Board of Appeals may, when reasonable, waive any preestablished requirement for special permit approval contained in this article, or in Articles V or VIII of this chapter, if the Board finds that any such requirement is found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.
A.
Driveway and loading requirements.
(1)
Common driveways on adjoining properties are permitted.
(2)
No loading dock or platform shall face a street unless said dock
or platform is at least 50 feet from the property line; provided,
however, that no loading dock or platform shall face 40th Street or
Chancellor Avenue.
(3)
All spaces provided for standing, loading and unloading services
shall be subject to the approval of the Town Engineer and Director
of Public Safety.
[Amended 1-12-2016 by Ord. No. MC 3562]
B.
Off-street parking facilities.
(1)
Industrial use. There shall be a minimum of one parking space for
each 1,000 square feet or fraction thereof of floor area devoted to
an industrial use.
(2)
Restaurant use. There shall be a minimum of one parking space for
each 200 square feet or fraction thereof of floor area devoted to
restaurant use.
(3)
Banking and office uses. There shall be a minimum of one parking
space for each 400 square feet or fraction thereof of floor area devoted
to banking and office use.
(4)
All parking areas shall provide service aisles in accordance with
the following minimum standards:
|
Type of Parking
|
Minimum Aisle Width
(feet)
| ||
|---|---|---|---|
|
Parallel
|
10
| ||
|
30-degree angle
|
11
| ||
|
45-degree angle
|
13
| ||
|
60-degree angle
|
18
| ||
|
90-degree angle
|
20
|
C.
Signs.
(1)
No sign shall be erected, reerected, constructed, altered, painted
on a wall or mounted except as permitted herein and a permit for the
same having been issued by the Building Inspector.
(2)
Signs shall be permitted only in connection with a business lawfully
conducted upon the premises, except temporary signs of a civic, political,
religious, philanthropic or commemorative nature and institutional
flags. Only the following types of signs shall be permitted: ground
signs, pole signs, projecting signs, wall signs and temporary signs.
The following signs shall be prohibited: roof signs, marquee signs,
billboards, strings of pennants, advertising flags and any modifications
thereof.
(3)
Pole signs and projecting signs shall be prohibited on lots facing
40th Street.
(4)
Signs shall be permitted to the extent of 1 1/2 square feet
for each foot of width of the front elevation of the building but
need not be less than 40 square feet, but the total gross area of
all signs on the premises shall not exceed 150 square feet. Projecting
signs shall not exceed four square feet in area.
(5)
The direct source of light of an illuminated sign shall be shielded
in such a manner that it is not visible from the street or any adjacent
residential property.
(6)
No sign shall be erected nearer to any street or road than 1/2 the
setback distance required for the principal building.
(7)
A temporary sign shall not exceed 15 square feet in area. A temporary
sign shall be removed within 24 hours after its purpose has been met.
(8)
In the interpretation of the area of signs, the size shall be the
display surface available for advertising, including decorative trim,
or, in a case of individual box letters, the box dimensions encompassing
all the letters, including decorative trim.
(9)
No part of a ground sign shall exceed a height of 14 feet above the
ground.
(10)
No projecting sign shall extend outward more than 18 inches
from the exterior wall surface of the building or supporting structure.
Such signs shall have a clear space of not less than 10 feet between
all parts of the sign and the ground.
(11)
No rotating beacon or flashing color beacon shall be permitted
on any pole, building or sign. Colored lights similar to those used
in traffic control are prohibited within 150 feet of any traffic signal
light.
D.
Landscaping.
(1)
All that area of the lot not used for walks, driveways or off-street
parking shall be devoted to the planting of grass, trees, shrubs,
flowers and ornamental plants.
(2)
The integrity of the planting plan shall be preserved by the maintenance
or replacement of planting by the owner or occupant.
(3)
There shall be a minimum of one tree and five deciduous or evergreen
shrubs for each 7,000 square feet of lot area.
E.
Buffering and screening.
(1)
Whenever buffering and screening shall be required by this chapter
or by the Planning Board or Zoning Board of Adjustment, the screen
shall meet the following minimum requirements:
(a)
All planted screens shall consist of a strip not less than four
feet wide, densely planted (or having equivalent natural growth) with
shrubs or evergreens not less than four feet high at the time of planting,
and of a type that will form a year-round screen not less than six
feet in height within three years from the date of planting.
(b)
Evergreens or conifers shall be used in screen planting. No
deciduous screening shall be used.
(c)
Screen shall be maintained in good condition at all times.
(d)
There shall be no encroachment of any kind into the buffering
or screening area.
(2)
The integrity of buffering and screening shall be preserved by the
maintenance and replacement of buffering and screening, and such maintenance
and replacement shall be a condition of approval by the Planning Board
or Zoning Board of Adjustment.
Adult entertainment establishments, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
No adult entertainment establishment shall be located within 500
feet of another such use, nor within 500 feet of a residential use,
residential zoning district boundary, school, place of worship, hospital,
philanthropic or eleemosynary institution, park, or playground.
B.
The building in which the use is housed shall be designed and built
so as to contain any noise-generating activities within the building.
All interior spaces shall be sufficiently sound-insulated. Sounds
emanating from such uses shall not be audible beyond the property
line.
C.
All entertainment shall be conducted within fully enclosed buildings.
With the exception of parking, no outdoor activity of any kind shall
be permitted in conjunction with such a use.
D.
The lot upon which an adult entertainment establishment is located
shall have a minimum size of 15,000 square feet.
E.
Landscaped areas and buffer strips shall be provided as follows:
(1)
A minimum landscaped area 10 feet wide shall be provided and maintained
along all property lines abutting public streets, except where curb
cuts are permitted.
(2)
Where such use abuts another property, a landscaped buffer strip
with a minimum width of 15 feet shall be provided and maintained.
(3)
All buffer strips abutting adjacent properties shall be planted with
evergreen trees, shrubs, or hedges with a minimum height of six feet
and shall have opaque fencing with a minimum height of six feet. Where
a buffer strip is located along a side property line, it shall extend
all the way from the front to the back property line, except that
the required fence may terminate 10 feet back from the front property
line.
(4)
All landscaped areas and buffer strips shall be attractively planted,
and all landscaping shall be maintained in a manner satisfactory to
the Township at all times.
F.
Signs.
(1)
The following types of signs shall be prohibited in conjunction with
such uses: freestanding signs, roof-mounted signs, flashing signs,
neon signs, and internally illuminated signs.
(2)
One wall-mounted sign may be attached to the front-facing exterior
wall of the structure, not to exceed 30 square feet in size. In addition,
one hanging sign may be suspended from the front-facing exterior wall,
not to exceed 15 square feet in size.
(3)
Signs provided in conjunction with such uses shall not depict sexual
activity, human genitalia or female breasts, persons or genitalia
in a state of sexual arousal, or any other depictions that may be
deemed pornographic in nature.
Adult-oriented stores, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
No adult entertainment establishment shall be located within 200
feet of another such use, nor within 200 feet of a residential use,
residential zoning district boundary, school, place of worship, hospital,
philanthropic or eleemosynary institution, park, or playground.
B.
All adult-oriented products shall be displayed and sold within fully
enclosed buildings.
C.
Signs provided in conjunction with such uses shall not depict sexual
activity, human genitalia or female breasts, persons or genitalia
in a state of sexual arousal, or any other depictions that may be
deemed pornographic in nature.
Automobile dealerships, automobile repair or body shops, automobile washes, and gasoline service stations, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
All such uses shall comply with the use and bulk regulations of the districts in which they are located, pursuant to Article VI.[1]
[1]
Editor's Note: See also the Schedule of Area, Yard and Height Requirements, which is included as an attachment to this chapter.
B.
All lighting shall be so designed, arranged, and installed as to
reflect all light down and away from adjoining properties.
C.
A solid, enclosed area shall be provided for the temporary storage
of trash, garbage, and unusable automobile parts. Except for tires,
all trash shall be stored in tight containers. The enclosed area shall
be so designed such that the trash shall be visible from a public
street or from adjacent properties.
D.
Curb cuts and driveways:
(1)
Driveways shall not be less than 20 feet wide and no more than 24
feet wide at any point. Driveways shall be flared or slanted to facilitate
vehicular ingress and egress.
(2)
Driveways and curb cuts must be at least five feet from any adjacent
property line and 25 feet from the intersection as measured along
the property line.
(3)
No more than two driveways shall be permitted for each 100 feet of
street frontage.
(4)
There shall not be more than two curb cuts providing access to any
one street. Any two driveways giving access to a single street shall
be separated by a curbed island of least 20 feet.
E.
No motor vehicle parts or partially dismantled motor vehicles shall
be stored outside of an enclosed building.
F.
Landscaped areas and buffer strips shall be provided as follows:
(1)
A minimum landscaped area five feet wide shall be provided and maintained
along all property lines abutting public streets, except where curb
cuts are permitted.
(2)
Where such use abuts another property, a landscaped buffer strip
with a minimum width of five feet shall be provided and maintained.
Where such use abuts a residential property or zoning district, the
landscaped buffer strip shall be increased to a minimum width of 10
feet.
(3)
All buffer strips abutting adjacent properties shall be planted with
evergreen trees, shrubs, or hedges with a minimum height of six feet
and shall have opaque fencing with a minimum height of six feet. Where
a buffer strip is located along a side property line, it shall extend
all the way from the front to the back property line, except that
the required fence may terminate 10 feet back from the front property
line.
(4)
All landscaped areas and buffer strips shall be attractively planted,
and all landscaping shall be maintained in a manner satisfactory to
the Township at all times.
G.
The Planning Board shall affirmatively find that:
(1)
The use will not constitute a nuisance because of noise, fumes, odors
or physical activity in the location proposed.
(2)
The use at the proposed location will not create a traffic hazard
or traffic nuisance because of its location in relation to similar
uses, necessity of turning movements in relation to its access to
public roads or intersections or its location in relation to other
buildings or proposed buildings on or near the site and the traffic
pattern from such buildings or by reason of its location near a vehicular
or pedestrian entrance or crossing to a public or private school,
park, playground or hospital or other public use or place of public
assembly.
(3)
The use at the proposed location will not adversely affect nor retard
the logical development of the general neighborhood or zone in which
the station is proposed, considering service required, population,
character, density and number of similar uses.
H.
No such use shall be located within 500 feet of any entrance to a
school, library, hospital, place of worship, child-care center, family
day-care home, public park or playground, or charitable institution.
No gasoline service station shall be located within 200 feet of a
residential property line, a residential zoning district boundary,
or the pedestrian entrance or any retail establishment, not including
other auto-oriented uses. Such distances shall be measured in a straight
line from said entrance to the lot line nearest said entrance along
the street line.
I.
The storage of inoperable vehicles on the site shall be prohibited.
Automobile dealerships, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
All automobile dealerships shall be required to meet the requirements for auto-oriented uses, pursuant to § 650-40.
B.
The principal use of the property shall be the sale of automobiles,
with minor service and repair as accessory uses. All service and repair
activity shall be conducted within fully enclosed and soundproofed
buildings.
C.
An automobile dealership shall have a fully enclosed sales building.
D.
Front yards may be used only for necessary driveways and customer
parking, as well as required landscaping. As an accessory use, the
side and rear yards not devoted to required buffer strips and landscaping
may be used for the storage, display, or sale of automobiles.
E.
Display lighting shall be shielded and shall be so located and maintained
as not to constitute a hazard or nuisance to the traveling public
or neighboring uses. In particular, so-called "string lights," banners,
temporary signs, balloons, and flags shall be prohibited.
F.
No vehicle awaiting service or repair may be stored outdoors overnight.
G.
No tractors, trailers or trucks shall be parked outdoors overnight.
Automobile repair or body shops, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
All automobile repair or body shops shall be required to meet the requirements for auto-oriented uses, pursuant to § 650-40.
B.
Garage bays and doors shall be at least 50 feet distant from the
nearest point of the street line.
C.
Front yards may be used only for necessary driveways and customer
parking, as well as required landscaping.
D.
All repair and body work shall be entirely conducted in a fully enclosed
building.
E.
No motor vehicle shall be offered for sale or rental on the site.
F.
No vehicles shall be permitted to be standing or parked on the premises
of an automobile wash other than those used or serviced by the employees
in the operation of the establishment. No vehicle awaiting repairs
may be stored outdoors for more than three consecutive days. Not more
than five passenger vehicles awaiting repairs or parts shall be stored
outdoors overnight.
G.
No tractors, trailers or trucks shall be parked outdoors overnight.
Automobile washes, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
All automobile washes shall be required to meet the requirements for auto-oriented uses, pursuant to § 650-40.
B.
An adequate off-street automobile stacking area shall be provided,
which shall not be less than 15 spaces per bay. Stacking areas shall
be designed such that the presence of stacked cars in no way hinders
or impairs normal traffic flow on any adjacent property or public
street.
C.
Automobile washes shall be completely enclosed for all operations,
except final hand drying.
D.
Automobile washes shall not provide services other than washing,
drying, waxing, simonizing, or similar treatment.
E.
The exit from the automobile wash for automobiles that have completed
the washing process shall be at least 50 feet distant from the nearest
point of street line.
F.
Any automatic automobile wash shall be so soundproofed, the entire
development shall be so arranged, and the operations so conducted
that the noise emanating from the car wash shall be no more audible
than the ambient street noise, as measured at the edges of the property.
G.
No motor vehicle shall be offered for sale or rental on the site.
H.
No vehicles shall be permitted to be standing or parked on the premises
of an automobile wash other than those used or serviced by the employees
in the operation of the establishment. No vehicle may be stored on
the site overnight.
I.
No tractors, trailers or trucks shall be parked outdoors overnight.
Bars and taverns, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
Bars or taverns shall not be located within 500 feet of schools,
places of worship, hospitals, philanthropic or eleemosynary institutions,
parks, or playgrounds.
B.
The building in which the use is housed shall be designed and built
so as to contain any noise-generating activities within the building.
All interior spaces shall be sufficiently sound-insulated. Sounds
emanating from such uses shall not be audible beyond the property
line.
C.
Bars and taverns have a valid liquor license issued by the Township
of Irvington.
Big box centers, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
The tract area for the big box center shall be no less than five
acres.
B.
The big box center shall be located on an arterial street, upon which
it has a minimum frontage of 300 feet.
C.
A traffic study shall be prepared by a certified and licensed traffic
engineer indicating that the local road network can accommodate the
weekday and weekend peak hour traffic generated by the use without
causing significant adverse traffic conditions. In any circumstances
where a deterioration in the levels of service at any impacted intersection
reaches level D or worse, the Township shall require the applicant
to pay for the costs of mitigation measures to ameliorate traffic
conditions to satisfactory levels.
Billiard parlors and dance halls, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
If liquor is sold on the premises, such uses shall not be located
within 500 feet of schools, places of worship, hospitals, philanthropic
or eleemosynary institutions, parks, or playgrounds.
B.
The building in which the use is housed shall be designed and built
so as to contain any noise-generating activities within the building.
All interior spaces shall be sufficiently sound-insulated. Sounds
emanating from such uses shall not be audible beyond the property
line.
C.
If liquor is sold on the premises, such uses have a valid liquor
license issued by the Township of Irvington.
Bowling alleys, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
The building in which the use is housed shall be designed and built
so as to contain any noise-generating activities within the building.
All interior spaces shall be sufficiently sound-insulated. Sounds
emanating from such uses shall not be audible beyond the property
line.
[Added 8-9-2021 by Ord.
No. MC 3773; amended 9-27-2021 by Ord. No. MC 3779; 7-10-2023 by Ord. No. MC 3832]
A.
Enabling authority. The requirements of this section are subject
to the enabling authority of the State of New Jersey and are subject
to compliance with all statutes and/or regulations adopted by the
State of New Jersey or its instrumentalities. If any provision of
this section is inconsistent with the statutes and/or regulations
of the State of New Jersey, the state statutes and/or regulations
shall govern.
B.
CANNABIS
CANNABIS CULTIVATOR (GROWER)
CANNABIS DELIVERY SERVICE
CANNABIS EXTRACT
CANNABIS FLOWER
CANNABIS ITEM
CANNABIS LEAF
CANNABIS MANUFACTURER
CANNABIS OPERATOR
CANNABIS PERMIT OR LICENSE
CANNABIS PERMITTING AUTHORITY
CANNABIS PRODUCT
CANNABIS RESIN
CANNABIS RETAILER
CANNABIS WHOLESALER
CONSUMER
CONSUMPTION
CREAMMA
DELIVERY
HONIG ACT
MICROBUSINESS
PREMISES or LICENSED PREMISES
PUBLIC PLACE
USABLE CANNABIS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2021, c.
16 (N.J.S.A. 24:6I-31 et seq.), for use in cannabis products as set
forth in this act, but shall not include the weight of any other ingredient
combined with cannabis to prepare topical or oral administrations,
food, drink, or other product. "Cannabis" does not include: medical
cannabis dispensed to registered qualifying patients pursuant to the
Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307
(N.J.S.A. 24:61-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22
et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to
any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the
New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.),
or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A.
24:21-2), and applied to any offense set forth in the New Jersey Controlled
Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.);
or hemp or a hemp product cultivated, handled, processed, transported,
or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c.
238 (N.J.S.A. 4:28-6 et seq.).
Any licensed person or entity that grows, packages and/or
sells cannabis.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment is delivered
to that consumer. This person or entity shall hold a Class 6 cannabis
delivery license issued pursuant to CREAMMA.
A substance obtained by separating resins from cannabis by:
1) a chemical extraction process using a hydrocarbon-based solvent,
such as butane, hexane, or propane; 2) a chemical extraction process
using the hydrocarbon-based solvent carbon dioxide, if the process
uses high heat or pressure; or 3) any other process identified by
the Cannabis Regulatory Commission by rule or regulation.
The flower of the plant Cannabis sativa L. within the plant
family Cannabaceae.
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. "Cannabis item" does not include: any
form of medical cannabis dispensed to registered qualifying patients
pursuant to the Jake Honig Compassionate Use Medical Cannabis Act,
P.L. 2009, c. 307 (N.J.S.A. 24:61-1 et seq.), and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et seq.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
The leaf of the plant Cannabis sativa L. within the plant
family Cannabaceae.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer license
issued pursuant to CREAMMA.
A person or entity that is authorized to conduct operations
as a retailer or manufacturer in accordance with a cannabis permit
issued by a cannabis permitting authority and pursuant to CREAMMA
and its implementing regulations.
The document or documents, also referred to as a license,
issued by the Division of Medicinal Marijuana within the New Jersey
Department of Health, or the New Jersey Cannabis Regulatory Commission,
or other state agency or entity or successor state agency or entity
authorized to issue a medical cannabis dispensary permit/license or
adult-use cannabis dispensary permit/license.
The Division of Medicinal Marijuana within the New Jersey
Department of Health and/or New Jersey Cannabis Regulatory Commission
and/or any other state agency or entity or successor state agency
or entity with the statutory and regulatory authority to issue medical
cannabis dispensary permits or permit endorsements.
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include: 1) usable cannabis by itself;
or 2) cannabis extract by itself; or 3) any other cannabis resin by
itself.
The resin extracted from any part of the plant Cannabis sativa
L., including cannabis extract and resin extracted using nonchemical
processes, processed and used in accordance with P.L. 2021, c. 16
(N.J.S.A. 24:61-31 et seq.). "Cannabis resin" does not include: any
form of medical cannabis dispensed to registered qualifying patients
pursuant to the Jake Honig Compassionate Use Medical Cannabis Act,
P.L. 2009, c. 307 (N.J.S.A. 24:61-1 et seq.), and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et seq.); hashish as defined in N.J.S.A. 2C:35-2
and applied to any offense set forth in Chapters 35, 35A, and 36 of
Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A.
2C:35B-1 et seq.), or as defined in Section 2 of P.L. 1970, c. 226
(N.J.S.A. 24:21-2), and applied to any offense of the New Jersey Controlled
Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.);
or hemp or a hemp product cultivated, handled, processed, transported,
or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c.
238 (N.J.S.A. 4:28-6 et seq.).
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler as set forth in N.J.S.A. 24:61-44
for the off-premises delivery of cannabis items and related supplies
to consumers. A cannabis retailer shall also accept consumer purchases
to be fulfilled from its retail store that are presented by a cannabis
delivery service which will be delivered by the cannabis delivery
service to that consumer. This person or entity shall hold a Class
5 cannabis retailer license issued pursuant to CREAMMA.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 cannabis wholesaler
license issued pursuant to CREAMMA.
A person 21 years of age or older who purchases, directly
or through a cannabis delivery service, acquires, owns, holds, or
uses cannabis items for personal use by a person 21 years of age or
older, but not for resale to others.
The act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body.
The New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act (approved February 22, 2021).
The transportation of cannabis items and related supplies
to a consumer. "Delivery" also includes the use by a licensed cannabis
retailer of any third-party technology platform to receive, process,
and fulfill orders by consumers, provided that any physical acts in
connection with fulfilling the order and delivery shall be accomplished
by a cannabis handler certified in accordance with N.J.S.A. 24:61-44
performing work for or on behalf of the licensed cannabis retailer,
which includes a certified cannabis handler employed or otherwise
working on behalf of a cannabis delivery service making off-premises
deliveries of consumer purchases fulfilled by that cannabis retailer.
The Jake Honig Compassionate Use Medical Cannabis Act (approved
July 2, 2019), P.L. 2019, c. 153, revising and supplementing P.L.
2009, c. 307: N.J.S.A. 24:61-1 et seq.
The holder of a license with a smaller footprint than a standard
license holder. It can be a distributor, delivery service and the
Township sets the perimeters for same. Example: employ no more than
x number of employees; establishment occupies an area of no more than
x square feet; possess no more than x amount of cannabis plants each
month; if a manufacturer, no more than x amount of pounds of usable
cannabis per month.
Includes the following areas of a location licensed under
P.L. 2021, c. 16 (N.J.S.A. 24:61-31 et seq.): all public and private
enclosed areas at the location that are used in the business operated
at the location, including offices, kitchens, rest rooms, and storerooms;
all areas outside a building that the Cannabis Regulatory Commission
has specifically licensed for the production, manufacturing, wholesaling,
distributing, retail sale, or delivery of cannabis items; and, for
a location that the commission has specifically licensed for the production
of cannabis outside a building, the entire lot or parcel that the
licensee owns, leases, or has a right to occupy.
Any place to which the public has access that is not privately
owned; or any place to which the public has access where alcohol consumption
is not allowed, including, but not limited to, a public street, road,
thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming
pool, shopping area, public transportation facility, vehicle used
for public transportation, parking lot, public library, or any other
public building, structure, or area.
The dried leaves and flowers of the female plant Cannabis
sativa L., and does not include the seedlings, seeds, stems, stalks,
or roots of the plant.
C.
General. Standards and guidelines set forth in this section shall
supersede other requirements of the zone district in which the dispensary
is to be located to the extent they are inconsistent with the requirements
for cannabis operators set forth herein. Where bulk regulations, parking
requirements, or other provisions of the Zoning Code are not specifically
stated, the underlying zoning standards and guidelines shall prevail.
D.
Required approvals. Prior to the operation of any cannabis operator
in the Township of Irvington, the following shall be required:
(1)
The applicant shall submit proof that the applicant has or will
have lawful possession of the premises proposed for the cannabis retailer,
which proof may consist of: a deed, a lease, a real estate contract
contingent upon successful licensing, or a binding letter of intent
by the owner of the premises indicating an intent to lease the premises
to the entrant contingent upon successful licensing;
(2)
The location proposed for licensing by the applicant shall comply
with all applicable municipal zoning laws and the location restrictions
set forth in this Code;
(3)
The applicant shall submit all required fees for the application
and conditional license in accordance with the fee schedule set forth
below. All fees shall be nonrefundable except as expressly provided
herein;
|
Type of License
|
Application Fee (Initial)
|
Application Fee (Renewal)
|
Annual Registration Fee
|
|---|---|---|---|
|
Retailer
|
$10,000
|
$10,000
|
$5,000
|
|
Manufacturer
|
$10,000
|
$10,000
|
$7,500
|
|
Grower
|
$10,000
|
$10,000
|
$7,500
|
|
Distributor
|
$10,000
|
$10,000
|
$7,500
|
|
Distributor
|
$10,000
|
$10,000
|
$7,500
|
|
Delivery service
|
$10,000
|
$10,000
|
$5,000
|
|
Micro-retailer
|
$5,000
|
$50,00
|
$2,500
|
(4)
A cannabis operator must obtain a Class 1 (Cultivator), Class
2 (Manufacturer), Class 3 (Wholesaler), Class 4 (Distributor), or
Class 5 (Retailer) license issued by the state's Cannabis Regulatory
Commission;
(5)
A state and local consumption endorsement must be obtained pursuant
to CREAMMA;
(6)
Site plan approval shall be obtained from the Township of Irvington
Planning Board or Board of Adjustment, as the case may be;
(7)
A first certificate of zoning compliance shall be obtained along
with all necessary building permits for build-out of the cannabis
operator in accordance with the approved site plan;
(8)
A final certificate of zoning compliance and certificate of
occupancy must be issued; and
(9)
Any local license issued pursuant to this chapter shall be valid
for a period of three years from the date of issuance, subject to
payment of the annual registration fee, and shall be in accordance
with the provisions of this chapter.
E.
Compliance requirements. A cannabis operator established pursuant
to this section shall, at all times, operate in complete compliance
with the terms and conditions of its cannabis permit(s) and any conditions
set forth in its site plan approval, and all applicable codes and
standards set forth in state codes and the Municipal Code of the Township
of Irvington.
F.
Permitted zone districts. Cannabis operators shall be conditionally
permitted, as a conditional use, only in the following districts:
(1)
Recreational cannabis retailers and dispensaries shall be conditionally
permitted in the following districts: B-3 Limited Business; B-4 General
Business; and CBD Central Business District, Downtown Mixed-Use.
(2)
Medicinal cannabis retailers and dispensaries shall be conditionally
permitted in the following districts: B-1 Neighborhood Business District;
B-2 Shopping Center; B-3 Limited Business; B-4 General Business; and
CBD Central Business District, Downtown Mixed-Use.
(3)
Cultivating, manufacturing, wholesale, and distributing shall
be conditionally permitted in the following districts: M-1 Special
Industrial Manufacturing District; M-2 Light Industrial Manufacturing
District; M-3 Heavy Industrial Manufacturing District.
(4)
In addition to the permitted zone districts, no cannabis operator
shall operate within 1,000 feet of a school or place of worship.
G.
Hours of operation. It shall be unlawful for any person to sell (or
dispense) cannabis or cannabis products at a cannabis operator within
the Township of Irvington at any time other than between the hours
of 9:00 a.m. and 8:00 p.m., Monday through Saturday. On Sunday, hours
of operation shall be permissible between 12:00 noon and 6:00 p.m.
I.
No cannabis operator shall be housed in a vehicle or any movable
or mobile structure.
J.
Site plan approval; minimum requirements; performance standards.
(1)
Minimum requirements. In addition to other requirements established
by the Township of Irvington, the applicant shall include, at minimum,
the following documents as evidence of compliance and good standing
in the state and with the municipality.
(a)
A letter from the Township of Irvington Director of Public Safety,
or his or her designee, stating that the department has reviewed the
applicant's safety and security protocols included in the pending
application and has found them to be satisfactory.
(2)
Performance standards.
(a)
Building use. A cannabis operator shall only be located on the
ground floor (i.e., street level) of any building in which it has
been approved to be located unless the medical cannabis dispensary
occupies the entire building on the property. Any such medical cannabis
dispensary shall be accessible directly from the right-of-way through
a separate entrance, independent from any other retail or residential
ingress to the building. Only a secured, one-way emergency exit from
the establishment may be integrated with common egress.
(b)
Bulk and area requirements. Bulk and area requirements shall
follow those of the underlying zoning district.
(c)
Product display and storage. No cannabis products shall be visible
from a public sidewalk, public street or right-of-way, or any other
public place. All cannabis products shall be stored securely indoors
and on site.
(d)
Consumption. Consumption of cannabis products including smoking,
ingestion of edibles or by any other means of consumption shall not
be permitted on the premises or adjacent ground of a cannabis operator.
Consumption shall not be permitted at any public place.
(e)
Odor. A cannabis operator shall have equipment to mitigate cannabis-related
odor. The building shall be equipped with a ventilation system with
carbon filters or other filters sufficient in type and capacity to
eliminate cannabis odors emanating from the interior of the premises.
The filters are required to be replaced regularly for the best effectiveness
to mitigate odor. The ventilation system must be approved by the Township
of Irvington Health Department and Building Department or designated
vendor and may be subject to periodic inspection.
(f)
Noise. Outside generators and other mechanical equipment used
for any kind of power supply, cooling or ventilation shall be enclosed
and have appropriate baffles, mufflers, and/or other noise reduction
systems to mitigate noise pollution.
(g)
Security. All cannabis operators shall be secured and shall
have full-time security protocols. Security protocols shall be submitted
to the Township of Irvington Police Department for compliance review
with all safety and security standards established by the State of
New Jersey for cannabis operators. The Township of Irvington Police
Department may, at its discretion and upon review of the proposed
location, recommend or require additional safety and security measures.
At minimum, the following shall apply:
[1]
A video recording security system shall be employed
covering all areas of the cannabis operator and the adjacent exterior
of the building with a 24/7 recording system that records for a minimum
thirty-day archive.
[2]
The Township of Irvington Police Department and
Zoning Officer shall be provided the name and twenty-four-hour phone
number of the responsible staff person to notify during suspicious
activity or emergency.
[3]
Outside areas of the premises shall be well-illuminated
for safety and security, but not in a way that is counter to Code
requirements for outdoor lighting and screening or obtrusive to pedestrians,
drivers or other users of the public right-of-way.
[4]
The premises and right-of-way adjacent to the cannabis
operator shall be monitored by staff of the medical cannabis dispensary
and kept free of loitering, litter and other debris, and the sidewalks
shall be swept and cleaned on a regular basis.
[5]
Consumers shall be screened and demonstrate identification
confirming they are ages 21 years old or older.
[6]
Capacity. A cannabis retailer shall permit a maximum
of 30 patrons per 1,500 square feet of gross floor area.
(h)
Parking. Cannabis operators shall adhere to the following parking
space requirements:
[1]
Recreational retailer and dispensary: Any recreational
retailer with a gross floor area of 1,500 square feet or less: none;
any recreational retailer with a gross floor area exceeding 1,500
square feet: one space per 500 square feet of gross floor area.
(i)
Cannabis operator shall enter into a community benefit agreement.
(j)
Records. Records of all cannabis purchased and sold must be
made available upon 14 days' advance notice when called for by
the Township, or any other authorized person or entity.
K.
Penalty for violation. Any violation of the provisions of this subsection
or the conditions of the zoning permit granted, inclusive of any agreements
or conditions imposed by the Planning Board or Board of Adjustment,
as the case may be, shall be punishable by a civil fine; minimum fine
shall be $2,500, maximum fine shall be $5,000. Each day that a violation
is committed, exists or continues shall be deemed a separate and distinct
offense. In addition, ongoing or repeat offenses may result in suspension
of the certificate of occupancy for a period to be determined by the
Zoning Officer. All violations will be reported to the appropriate
cannabis permitting authority or designated state authority.
L.
Suspension of use. The Municipal Council may suspend or revoke any
license if the corresponding state license or permit for the subject
location is expired, surrendered, suspended, or revoked. Following
the commencement of retail sales of cannabis or cannabis products,
the Irvington Municipal Council may suspend or revoke any license
if the licensed premises have been inactive or unoccupied by the licensee
for at least six months. Any subsequent application for use or occupancy
of the premises as a cannabis operator, including reoccupation by
the previous operator, shall be referred to the original land use
board of jurisdiction as a new application.
M.
Signage. The following signage regulations shall be enforced:
N.
No transfer of license is permitted. It cannot be transferred in
whole, or in part, without the prior written approval of the Township
of Irvington. No successor in interest of a licensee shall acquire
any rights or powers without the prior written consent of the Township.
For purposes of this chapter, any change in control of the licensee
resulting from a merger, consolidation, stock transfer, or asset sale
shall be deemed an assignment or transfer that requires the prior
written consent of the Township.
Check-cashing establishments, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
No such use shall be located within 500 feet of another such use,
nor within 500 feet of a residential use, school, place of worship,
hospital, philanthropic or eleemosynary institution, park, or playground.
Child-care centers, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
Any residence or facility used for the purpose of providing a child-care
center shall be required to be licensed with the New Jersey Department
of Health Services, Division of Youth and Family Services, and to
place on file with the Township a copy of the license, prior to the
Township granting a certificate of occupancy for the use.
B.
Child-care centers shall not be located near or adjacent to areas
determined to be hazardous to the physical health and safety of the
children.
C.
The building or portion thereof used for such purposes shall be required
to meet all of the applicable standards and regulations for nonresidential
buildings in the zoning district in which it is located. However,
pursuant to N.J.S.A. 40:55D-66.6 and 66.7, the floor area occupied
in any building as a child-care center shall be excluded in calculating
any parking requirement and shall not be counted toward the maximum
permitted floor space under this chapter.
Drive-through windows, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
No lot with a total lot area of less than 10,000 square feet shall
be permitted to have a drive-through window. All drive-through lanes
shall be located on the site, and in no case shall public streets
or rights-of-way be utilized as drive-through lanes.
B.
In no case shall drive-through windows be permitted if the drive-through
window and/or lane area would occupy land necessary for required parking
spaces, landscaping, or other required features of the development
site.
C.
Each drive-through lane shall have a minimum width of 10 feet. In
addition, a single lane of at least 10 feet in width shall be provided
adjacent to the outermost stacking or queuing lane to allow vehicles
not entering the stacking lane to exit the property.
D.
There shall be sufficient space between the property line and the
entrance of the stacking or queuing lane to allow for safe entry,
access to parking spaces, and on-site circulation.
E.
The drive-through window shall be located at least 30 feet from the
street curbline to provide sufficient space for vehicles to safely
exit the property. The drive-through window shall not be located on
any building facade that faces a public street.
F.
Drive-through lanes shall be set back at least five feet from all
property lines, except in the case of residential property lines or
residential zoning district boundaries, where the setback shall be
increased to 15 feet. Drive-through lanes shall be screened from adjacent
residential property by means of a solid, opaque fence or wall with
a minimum height of six feet and evergreen trees, shrubs, or hedges
with a minimum height of six feet.
G.
All drive-through vehicular circulation shall be in a counter-clockwise
direction.
H.
In conjunction with restaurants, a minimum of eight stacking or queuing
spaces of at least 20 feet in length per space shall be provided for
each drive-through lane.
I.
In conjunction with banks, drugstores, or any other use, a minimum
of five stacking or queuing spaces of at least 20 feet in length per
space shall be provided for each drive-through lane.
Dry-cleaning plants, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
No such establishment shall be permitted in any building containing
residential uses, places of worship, schools, hospitals, philanthropic
or eleemosynary uses, or child-care centers.
B.
Such processes shall be conducted entirely within an enclosed building.
C.
Such uses shall comply with all pertinent rules, regulations, and
guidelines promulgated by the U.S. Environmental Protection Agency,
the U.S. Department of Labor's Occupational Safety and Health Administration,
and the New Jersey Department of Environmental Protection with regard
to dry-cleaning practices.
Family day-care homes, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
Any residence used for the purpose of providing a family day-care
home shall be required to register with the New Jersey Department
of Health Services, Division of Youth and Family Services, and to
place on file with the Township a certificate of registration, prior
to the Township granting a certificate of occupancy for the use.
B.
Family day-care homes shall be permitted in all residential zones,
but they shall be permitted only in conjunction with single-family
houses.
C.
Family day-care homes shall not be located near or adjacent to areas
determined to be hazardous to the physical health and safety of the
children.
D.
The residence used for such purposes shall be required to meet all
of the applicable standards and regulations for single-family houses
in the zoning district in which it is located, pursuant to N.J.S.A.
40:55D-66.5d.
A.
The minimum lot area shall be two acres, and the minimum lot width
shall be 200 feet.
B.
All outside loading berths, docks, or delivery areas shall be provided
to the rear of the building, and where adjacent to a residential use
or zoning district boundary shall be located a minimum distance of
30 feet to such property line or boundary.
C.
Any outside storage of trucks, pallets, cases, etc., shall be completely
fenced with appropriate access gates sufficient for the movement of
large commercial vehicles, and such areas shall be adequately screened
from view on all sides.
D.
Internal traffic circulation for a grocery store shall be so arranged
that off-street parking for retail customers shall be in an area distinct
and separate from any maneuvering areas for any loading berths or
truck storage for employee parking.
Home occupations, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
A home occupation shall be carried on entirely within the principal
building and shall under no circumstances exceed 20% of the total
gross habitable floor area of the principal building.
B.
No home occupation shall require interior or exterior alterations
of the principal structure.
C.
No sign shall be permitted in connection with such home occupation.
No other outward display shall be permitted which indicates that the
dwelling is being used in whole or in part for any other purpose other
than residential. There shall be no display of goods or advertising.
D.
No mechanical or electrical equipment shall be permitted which exceeds
five horsepower, or which creates heat, glare, smoke, noise, or vibration
which is perceptible beyond the boundary of the premises.
E.
No commodity shall be sold on the premises.
F.
Only residents who occupy the dwelling shall be engaged in the home
occupation. No outside employees shall be permitted to work on the
premises.
G.
On a typical workday, there shall be on average not more than one
visitor or client per hour visiting the home occupation during the
normal workday of 9:00 a.m. to 6:00 p.m. and none at other times.
H.
With the exception of U.S. mail or other conventional mail courier
services, no truck deliveries shall be permitted in conjunction with
the home occupation.
I.
No outdoor storage shall be permitted.
Home professional offices, where permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
A home professional office shall be carried on entirely within the
principal building and shall not under any circumstances exceed 40%
of the total gross habitable floor area of the building.
B.
No home professional office shall require exterior alterations of
the principal structure which will cause the structure to be at a
variance or further at variance with the minimum and maximum building
bulk standards required for the district in which it is located.[1]
[1]
Editor's Note: See the Schedule of Area, Yard and Height Requirements, which is included as an attachment to this chapter.
C.
The professional conducting the practice shall also be the resident
who occupies the dwelling. No home professional office shall permit
the employment of more than two employees who are not permanent residents
of the dwelling.
D.
No home professional office shall be permitted to have any advertising display other than a professional nameplate as provided in Article VII. With the exception of the nameplate, there shall be no exterior feature of the building which indicates that the dwelling is being used in whole or in part for any other purpose other than residential.
E.
No exterior feature of the building shall change or modify its residential
character and appearance. There shall be no display of goods or advertising.
F.
Sufficient on-site parking shall be provided for the employees, visitors,
and clients of the professional, in addition to the residents occupying
the residential portion of the structure.
G.
On a typical workday, there shall be on average not more than three
visitors or clients per hour visiting the home professional office
during the normal workday of 9:00 a.m. to 6:00 p.m. and none at other
times.
H.
No home professional office shall be permitted on a property that
does not front on an arterial or collector street, as identified in
the adopted Township Master Plan.
I.
With the exception of U.S. mail or other conventional mail courier
services, no truck deliveries shall be permitted in conjunction with
the home occupation.
J.
No outdoor storage shall be permitted.
K.
Home professional offices shall be permitted only in single-family
or two-family houses.
Hospitals or philanthropic or eleemosynary uses, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
The principal building will not occupy more than 25% of the lot area;
all other requirements as set forth in this chapter for the zone in
which it is to be located are observed; such use will not be detrimental
to the surrounding neighborhood; and the structure or proposed use
will serve the general welfare of the Township.
B.
The front, rear and side yards shall be increased one foot for each
foot by which such building exceeds the height limit herein established
for the zone in which it is located.
C.
The appropriate area and number of off-street parking spaces shall
be established, and adequate buffer areas, as well as an attractive
and functional landscaping scheme, shall be provided.
D.
Signs shall be limited to an area of not more than 30 square feet
on any one side and shall not be closer than 15 feet to any property
line or five feet to any street line. Signs may be illuminated.
Wherever permitted as of right or with a conditional use permit pursuant to Article VI, the following minimum standards shall be required to be met:
A.
Fire and explosion hazards. All activities shall be carried on only
in fireproof structures which conform to the standards of the National
Board of Fire Underwriters, Township Building Code or Fire Prevention
Code, whichever is the more restrictive.[1] All explosive raw materials, fuels, liquids and finished
products shall be stored in accordance with the standards of said
National Board of Fire Underwriters.
B.
Radioactivity. Any and all machines, devices, testing equipment or
anything similar which emits any radiation or radioactive rays is
prohibited, except where any and all emissions of radiation or radioactive
rays do not exceed the maximum permissible limits established by either
a federal or state agency having jurisdiction over emissions of radiation
or radioactive rays and where such machines, devices, testing equipment
or anything similar is registered with and approved by either a federal
or state agency having jurisdiction over the same.
C.
Air quality and emissions.
(1)
No substance shall be emitted into the atmosphere in quantities which
are injurious to human, plant, or animal life or to property or which
unreasonably interfere with the enjoyment of life and property anywhere
in the Township.
(2)
All uses shall be required to comply with Title 7, Chapter 27 of
the New Jersey Administrative Code (N.J.A.C.), regarding air pollution
control.
(3)
No open burning shall be permitted in any district.
D.
Odor. No odorous material may be emitted into the atmosphere in quantities
sufficient to be detected beyond property lines.
E.
Liquid or solid waste.
(1)
The discharge of industrial wastes into the sanitary sewer system
shall be in accordance with Rules and Regulations Relating to the
Use of the Sewer System for the Discharge of Sewerage, Industrial
Wastes and Other Wastes established by the Joint Meeting, and its
amendments and revisions. In addition, no industrial use shall discharge
into any public sanitary sewer system quantities of water or industrial
wastes beyond the capacity of said sewer system. The amount of effluent
permitted shall be approved by the Township Engineer.
(2)
No industrial operation shall discharge industrial wastes of any
kind into any reservoir, pond or lake. The discharge of untreated
industrial wastes into a stream is prohibited.
(3)
No waste shall be discharged into a water body or watercourse without
all necessary permits from the New Jersey Department of Environmental
Protection. All methods of sewerage and industrial waste treatment
and disposal shall be approved by the Township.
(4)
No effluent shall contain any acids, oils, dust, toxic metals, corrosives
or other toxic substances in solution or suspension which would create
odors or discolor, poison or otherwise pollute water in any way.
F.
Vibration. No vibration is permitted which is discernible to the
human sense of feeling beyond the lot on which such use is conducted.
G.
Noise. All uses shall be required to comply with the provisions of
Title 7, Chapter 29 of the New Jersey Administrative Code (N.J.A.C.),
regarding noise control.
H.
Glare. All glare shall be prevented from escaping the site to the
greatest extent possible. Industrial processes resulting in glare
shall be conducted entirely within enclosed structures.
I.
All industrial uses shall be located at least 20 feet from any street
or property line and 35 feet from any residential property line or
residential zoning district boundary.
J.
Landscaped areas and buffer strips shall be provided as follows:
(1)
A minimum landscaped area 10 feet wide shall be provided and maintained
along all property lines abutting public streets, except where curb
cuts are permitted.
(2)
Where such use abuts another property, a landscaped buffer strip
with a minimum width of eight feet shall be provided and maintained.
Where such use abuts a residential property or zoning district, the
landscaped buffer strip shall be increased to a minimum width of 15
feet.
(3)
All buffer strips abutting adjacent properties shall be planted with
evergreen trees, shrubs, or hedges with a minimum height of six feet.
Where a buffer strip is located along a side property line, it shall
extend all the way from the front to the back property line, except
that the evergreen shrubbery may terminate eight feet back from the
front property line.
(4)
All landscaped areas and buffer strips shall be attractively planted,
and all landscaping shall be maintained in a manner satisfactory to
the Township at all times.
[Added 8-10-2010 by Ord.
No. MC 3425]
Laboratories, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
Self-service laundries, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
No substance shall be emitted into the atmosphere in quantities which
are injurious to human, plant, or animal life or to property or which
unreasonably interfere with the enjoyment of life and property anywhere
in the Township.
B.
No such use shall discharge into any public sanitary sewer system
quantities of water or industrial wastes beyond the capacity of said
sewer system. The amount of effluent permitted shall be approved by
the Township Engineer. No effluent shall contain any acids, oils,
dust, toxic metals, corrosives or other toxic substances in solution
or suspension which would create odors or discolor, poison or otherwise
pollute water in any way.
Liquor stores, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
Live entertainment, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:
A.
Live entertainment such as singing, dance, theater, concerts, and
other live performances shall only be permitted in association with
and accessory to permitted restaurants, bars, and taverns.
B.
Such live entertainment uses shall take place entirely within an
enclosed building which shall be sufficiently sound insulated and
separated from adjacent uses, particularly residential uses, so as
to avoid any noise nuisances.
C.
No outdoor music or public address system shall be permitted.
D.
No live entertainment shall be permitted after 12:00 midnight Sundays
through Thursdays or after 2:00 a.m. Saturday morning or Sunday morning.
Meat, fish and poultry stores, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:
A.
Such processes shall be conducted entirely within an enclosed building.
B.
Buildings shall be so designed and built and meat, fish, and poultry
shall be so handled as to reduce the potential for spoilage, limit
the emission of odors, prevent untreated wastewater from leaking out
of the building, and keep from attracting rodents, vermin, or scavenging
animals, to the greatest extent possible.
C.
No slaughtering, skinning, or feather-plucking shall be permitted
on the site.
D.
No storage or sale of live animals shall be permitted on the site.
E.
Such uses shall comply with all pertinent rules, regulations, and
guidelines promulgated by the U.S. Department of Agriculture and the
New Jersey Department of Agriculture.
Business and professional offices, wherever permitted above
a ground floor commercial use, shall be required to meet the following
minimum standards:
A.
Each office suite shall have its own entrance to a hallway, staircase,
or to the exterior.
B.
The ground floor entrance to the office suite or suites shall be
separate from the entrance to the ground floor commercial use.
C.
Sufficient parking spaces shall be made available and/or reserved
in either public or private off-street parking lots for parking of
tenants' vehicles.
Business and professional offices may be permitted in the O-1
Zone subject to the approval of a conditional use permit and shall
be required to meet the following minimum requirements:
A.
The building shall maintain the appearance of a residential use.
The facade shall use materials and colors that are compatible with
adjacent residential structures. The architectural design, fenestration,
orientation of doors, landscaping, and parking shall also be compatible
with adjacent residential structures.
B.
Off-street parking spaces needed for the office uses shall be provided on the site, pursuant to Article VIII. However, parking spaces shall not be located in the front yard.
C.
Landscaped areas and buffer strips shall be provided in the rear
and side yards as follows:
(1)
A minimum landscaped area five feet wide shall be provided and maintained
along all rear and side property lines. Where such use abuts a residential
property or zoning district, the landscaped area shall be increased
to a minimum width of 10 feet.
(2)
All such landscaped strips shall be planted with evergreen trees,
shrubs, or hedges with a minimum height of six feet. Where a buffer
strip is located along a side property line, it shall extend all the
way from the front to the back property line, except that the required
fence may terminate at the required front yard setback line.
(3)
All landscaped areas shall be attractively planted, and all landscaping
shall be maintained in a manner satisfactory to the Township at all
times.
Outdoor storage, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:
A.
No highly flammable or explosive liquids, solids or gases shall be
stored in bulk above ground. Tanks or drums of fuel directly connecting
with heating devices or appliances located on the same premises as
the tanks or drums of fuel are excluded from this requirement, provided
they meet the requirements of the National Board of Fire Underwriters.
No more fuel than is required for the principal use(s) shall be stored
on the premises.
B.
No materials or wastes shall be deposited on any premises in such
form or manner that they may be transferred off the premises by natural
causes or forces, such as wind or rain.
C.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible by or otherwise be
attractive to animals or vermin shall be stored outdoors only in enclosed
containers.
D.
All outdoor storage areas shall be enclosed by a solid, opaque fence
or wall adequate to fully conceal such facilities and the contents
thereof from adjacent properties and shall meet all required setbacks
for the district in which they are located. This provision shall not
apply to outdoor storage of automobiles in conjunction with automobile
sales uses.
E.
No material or equipment stores outdoors shall exceed a height of
10 feet above grade within 50 feet of a property line. In no case
shall material or equipment stored exceed the height of the principal
building on the property.
F.
In no case shall areas with grades in excess of 8% be utilized for
the purposes of outdoor storage.
G.
In industrial zoning districts, the area utilized for outdoor storage
shall not exceed 15% of the total lot area. In business zoning districts,
the area utilized for outdoor storage shall not exceed 20% of the
ground floor area of the principal building on the site.
H.
In no case shall outdoor storage be permitted if the outdoor storage
area would occupy land necessary for required parking spaces, landscaping,
or other required features of the development site.
I.
Outdoor storage shall be permitted only in the side or rear yards
and shall be prohibited in the front yard.
Pawnbrokers, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
No such use shall be located within 500 feet of another such use,
nor within 500 feet of a residential use, school, place of worship,
hospital, philanthropic or eleemosynary institution, park, or playground.
Places of worship, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:
A.
The minimum lot area in any residential zoning district shall be
15,000 square feet, and the minimum lot width shall be 150 square
feet.
B.
Banquet halls, cafeteria or kitchen facilities, classrooms, libraries,
and other similar uses which are customarily accessory to places of
worship shall be permitted.
(1)
Child-care centers may be permitted as an accessory use only with the approval of a conditional use permit, provided that it complies with the requirements of § 650-49.
(2)
With the exception of a parsonage, no housing or dormitories, whether
for temporary or permanent occupancy, shall be permitted as accessory
uses.
C.
No building, parking lot, or outdoor facility shall be located closer
than 25 feet to any residential property line or residential zoning
district boundary. A landscaped buffer, berm, fence, hedge, or other
screening material shall be provided along such property lines or
district boundaries to a height of no less than six feet.
D.
All required parking shall be provided on the site.
E.
Building coverage shall not exceed 50%.
Quasi-public buildings and recreation facilities, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
A statement detailing the operation of the use and a complete list
of the proposed charter membership, including names and addresses,
shall be filed with the Zoning Board.
B.
The proposed use is to be operated by a bona fide nonprofit organization
and will be operated solely for the recreation and enjoyment of the
members of said organization.
C.
The proposed use shall not adversely affect the safe and reasonable
enjoyment of the surrounding property; the design of any structures
erected in connection with such use shall be in keeping with the general
character of the residential area; and sufficient landscaping, including
trees, shrubs and lawn, shall be provided to serve as a buffer between
said use and adjoining residential properties and to enhance the appearance
of the use.
D.
The buildings will not occupy more than 25% of the lot area; all
requirements as set forth in this chapter for the zone in which it
is to be located shall be observed; such use shall not be detrimental
to the surrounding neighborhood; and the structure or proposed use
shall serve the general welfare of the Township.
E.
The front, rear and side yards shall be increased one foot for each
foot by which such building exceeds the height limit herein established
for the zone in which it is located.
F.
Off-street parking spaces shall be established in accordance with
this chapter.
G.
Signs may be illuminated but nonflashing and limited in area to not
more than 15 square feet on any one side and shall not be closer than
15 feet to any property line or five feet to any street line.
A.
Courtyards bounded on three or more sides by the wings of a single
building or by the walls of separate buildings shall have a minimum
court width of two feet for each one foot in height of the tallest
adjacent building.
B.
Every building containing more than five dwelling units shall have
a minimum setback of 10 feet from all interior roads, driveways and
parking areas.
C.
Garages not a part of a multiple-family dwelling structure but intended
for use of the residents of a multiple-family dwelling structure,
and all other accessory buildings shall be located at least 10 feet
from the nearest wall of any multiple-family dwelling structure.
D.
Each dwelling unit shall contain complete kitchen facilities, toilet,
bathing and sleeping facilities and shall have a minimum gross habitable
floor area in accordance with the following:
E.
There shall be a minimum common storage area in each building for
bicycles, perambulators and similar types of equipment of 50 cubic
feet per dwelling unit.
F.
The total number of one-bedroom or efficiency apartments shall not
be less than 70% of the entire project in high-rise and garden apartment
developments.
G.
Sufficient laundry, drying, garbage pickup and other utility areas
must be provided and shall be located with a view both to convenience
and to minimize the detrimental effect on the aesthetic character
of the building(s) and shall be enclosed and shielded from view by
fencing, walls or shrubbery of at least six feet in height around
the perimeter. Fencing and walls shall not be less than 30% nor more
than 50% open on the vertical surface.
H.
A strip of land at least five feet in width surrounding each building
shall be kept completely open except for foundation plantings of less
than six feet in height. Open space adjacent to, around or between
buildings not surfaced as walkways, driveways, parking areas, utility
areas or other required improvements shall be sodded or seeded to
provide a thick stand of grass or other plant material. Approaches
to multiple-family dwelling structures and entrance areas shall be
attractively shrubbed and properly maintained.
I.
Driveways, parking areas, dwelling entranceways and pedestrian walks
shall be provided with sufficient illumination to minimize hazards
to pedestrians and motor vehicles utilizing the same, and light sources
shall, where necessary, be shielded to avoid glare disturbing to occupants
of buildings.
J.
Topsoil shall not be removed from the site during construction but
shall be stored and redistributed to areas where seeding is required.
K.
The land shall be so graded, paved areas so pitched and, if necessary,
storm drains and/or catch basins so located and designed to provide
restricted runoff of stormwaters, all in accordance with flood management
standards adopted by the Township.[1]
L.
Site planning shall create usable, private open space to the fullest
extent feasible. Any or a combination of the following features may
be required to conceal parked vehicles from adjoining residential
properties: masonry wall of ornamental design, dense planting of evergreen
shrubs or trees, depression of visible portion of the site below grade
or similar protective measure or fences.
M.
Other standards and conditions to the site plan and to curbing, driveways,
parking areas, pedestrian walks, landscaping and planting not otherwise
specified herein may be attached as conditions by the Planning Board
or Municipal Council if circumstances indicate that they will further
the purposes and intent of this chapter.
N.
There shall be a full-time superintendent for every multiple-dwelling
project containing more than 20 individual dwelling units in one or
more buildings.
O.
At least one exterior wall of every dwelling unit shall be entirely
above ground level, except that one unit may be provided for a superintendent
with not more than 50% of any exterior wall below ground level.
P.
Provision shall be made so that television antenna equipment will
be built into the building, thereby eliminating the need for individual
antennas being erected on the roof, except for common towers.
Q.
Any air-conditioning unit hereafter installed in any multiple-family
dwelling unit shall not project outwardly more than three inches from
the face of the wall of the building.
Residential uses, wherever permitted above a ground floor commercial
use, shall be required to meet the following minimum standards:
A.
Each apartment shall have its own entrance to a hallway, staircase,
or to the exterior.
B.
The ground floor entrance to the apartment units or units shall be
separate from the entrance to the ground floor commercial use.
C.
Sufficient parking spaces shall be made available and/or reserved
in either public or private off-street parking lots for overnight
parking of tenants' vehicles.
D.
Each dwelling unit shall contain complete kitchen facilities, toilet,
bathing and sleeping facilities and shall have a minimum gross habitable
floor area in accordance with the following:
Retail uses, wherever permitted as an accessory to an industrial
use, shall be required to meet the following minimum standards:
A.
Retail uses shall be permitted only for the purpose of selling products
made on the site. No portion of the merchandise for sale shall consist
of products manufactured off-site.
B.
Adequate off-street parking for the retail uses shall be provided, over and above what is necessary for the industrial use, in accordance with Article VIII.
C.
Such uses shall be open only on those days and during those hours
when the industrial use is active and shall terminate no later than
9:00 p.m. on weekdays and 5:00 p.m. on Saturdays. In no case shall
such a use be open on Sundays.
Research and development uses, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
Gasoline service stations, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:
A.
The site plan shall contain, in addition to the requirements of all
other ordinances of the Township, the number and location of fuel
tanks to be installed, the dimensions and capacity of each storage
tank, the depth the tanks will be placed below the ground, the number
and location of pumps to be installed, the type of structure and accessory
buildings to be constructed and the number of garage bays and other
details as required by site plan regulations.
B.
All gasoline service stations be required to meet the requirements for auto-oriented uses, pursuant to § 650-40.
C.
Underground fuel storage tanks shall be placed at least 20 feet from
any structure, 20 feet from any street or property line, and 30 feet
from any residential property line or residential zoning district
boundary.
D.
Repair of motor vehicles may be performed as an accessory use to
a gasoline service station, not including work on the automobile body,
provided that it is conducted in a fully enclosed building whose coverage
is not more than 8% of the lot area.
E.
No motor vehicle shall be offered for sale or rental on the site.
F.
No vehicles shall be permitted to be standing or parked on the premises
of a gasoline service station other than those used or serviced by
the employees in the operation of the establishment. No vehicle awaiting
repairs may be stored outdoors for more than three consecutive days.
Not more than five passenger vehicles awaiting repairs or parts shall
be stored outdoors overnight. No tractors, trailers or trucks shall
be parked outdoors overnight.
G.
Accessory goods for sale may be displayed on the pump island and
the building island only. Oil cans, antifreeze and similar products
may be displayed on the respective island if a suitable metal stand
or rack is provided therefor.
H.
All fuel pumps shall be located at least 20 feet from any street
or property line and 30 feet from any residential property line or
residential zoning district boundary. A canopy may be permitted to
cover the fuel pump area, provided that it is at least 25 feet from
any street or property line.
Indoor recreation facilities, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:
A.
The Planning Board shall affirmatively find that such use will not
constitute a nuisance because of noise or pedestrian traffic generated;
that the use at the proposed location will not create a traffic hazard;
and that the use at the proposed location will not adversely affect
nor retard the logical development of the general neighborhood or
zone in which the recreation area is proposed, considering the character
of the zone, density of population and number of similar uses.
Clinics for the treatment of drug addiction, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:
A.
The Planning Board shall affirmatively find that such use will not
constitute a nuisance because of noise or pedestrian traffic generated;
that the use at the proposed location will not create a traffic hazard;
and that the use at the proposed location will not adversely affect
nor retard the logical development of the general neighborhood or
zone in which the clinic area is proposed, considering the character
of the zone, density of population and number of similar uses.
Schools, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:
A.
The minimum lot area in any residential zoning districts shall be
15,000 square feet, and the minimum lot width shall be 150 square
feet.
B.
Recreational facilities, playgrounds, cafeteria or kitchen facilities,
performance theaters or halls, libraries, and other similar uses that
are customarily accessory to schools shall be permitted.
C.
All interior spaces within school buildings to be utilized for potential
noise-generating activity shall be sufficiently sound-insulated and
separated from adjacent residential structures so as to avoid any
noise nuisance.
D.
No school building, parking lot, or outdoor facility shall be located
closer than 25 feet to any residential property line or residential
zoning district boundary. A landscaped buffer, berm, fence, hedge,
or other screening material shall be provided along such property
lines or district boundaries to a height of no less than six feet.
E.
Play facilities for the use of students enrolled at an elementary
school shall not require the crossing of any street by the students.
F.
All required parking shall be provided on the site.
G.
Building coverage shall not exceed 50%.
Shopping centers, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:
A.
The shopping center shall be designed as a single complex with a
comprehensive and uniform plan for internal site circulation, landscaping,
building design, facade treatments, and signage.
B.
Uses within the shopping center shall be limited to those permitted
in the zoning district.
C.
To the extent possible, the number of curb cuts shall be limited
to one entrance and one exit per street frontage, except where such
street frontage exceeds a distance of 400 feet.
D.
The minimum lot area shall be two acres, and the minimum lot width
shall be 200 feet.
E.
All outside loading berths, docks, or delivery areas shall be provided
to the rear of the building, and where adjacent to a residential use
or zoning district boundary, shall be located a minimum distance of
30 feet to such property line or boundary.
F.
Any outside storage of trucks, pallets, cases, etc., shall be completely
fenced with appropriate access gates sufficient for the movement of
large commercial vehicles, and such areas shall be adequately screened
from view on all sides.
G.
Internal traffic circulation for a shopping center shall be so arranged
that off-street parking for retail customers shall be in an area distinct
and separate from any maneuvering areas for any loading berths or
truck storage for employee parking.
Tattoo parlors, piercing parlors, and other body art shops, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
No such use shall be located within 500 feet of another such use,
nor within 500 feet of a school, place of worship, hospital, philanthropic
or eleemosynary institution, park, or playground.
Truck terminals and bulk distribution terminals, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
All truck terminals and bulk distribution terminals shall meet the minimum requirements for auto-oriented uses, pursuant to § 650-40.
B.
All parking areas for trucks and other vehicles shall meet the minimum Township requirements for all parking lots pursuant to Article VIII.
C.
Parking areas shall be at least 60 feet from any residential use
or zoning district boundary and at least 25 feet from any property
line.
D.
Adequate space shall be provided on the site for all the elements
to be incorporated into the terminal, including provision for off-street
parking for the maximum number of idle trucks, tractors, semitrailers,
buses and automobiles, and off-street loading and unloading. No loading
shall occur across curbs or sidewalks. Adequate access and egress
with appropriate turning radii shall be provided as well as adequate
queuing and turnaround space on the site so that at no time is street
traffic disrupted or blocked by vehicles entering or leaving the site.
Queuing of trucks or buses on the street or shoulder waiting to enter
the terminal shall not be permitted.
E.
All fuel, oil, gasoline, or similar substances shall be stored underground
and shall be placed at least 20 feet from any structure, 20 feet from
any street or property line, and 30 feet from any residential property
line or residential zoning district boundary. Such facilities shall
be installed and maintained in accordance with the standards of the
National Board of Underwriters.
Amusement arcades, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:
A.
The building in which the use is housed shall be designed and built
so as to contain any noise-generating activities within the building.
All interior spaces shall be sufficiently sound-insulated. Sounds
emanating from such uses shall not be audible beyond the property
line.
[Added 8-10-2010 by Ord.
No. MC 3425]
