This chapter shall be known as the "Zoning Ordinance for the
Non-Pinelands Area of the Township of Winslow."
The purposes of this chapter are to:
A. Promote orderly development. To protect the character and maintain
the stability of residential, business and industrial areas and secure
and protect open space and recreation areas within the township and
to promote the orderly and beneficial development of the township.
B. Limit congestion on streets. To limit congestion in the public streets
and to protect the public health, safety, convenience and the general
welfare by providing for off-street parking of motor vehicles and
for the loading and unloading of commercial vehicles.
C. Protect against hazards. To provide protection against fire, explosion,
noxious fumes and other hazards in the interest of the public health,
safety, comfort and the general welfare.
D. Regulate intensity of use. To regulate the intensity of use within
zoning districts and to determine the area of open spaces surrounding
buildings, which spaces shall be necessary to provide adequate light
and air, privacy, convenience and access to property and to protect
the public health.
E. Regulate location of buildings. To establish building lines and the
location of buildings designed for residential, commercial, industrial
or other uses within such lines.
F. Establish standards of development and encourage good aesthetics.
To fix reasonable standards to which buildings or structures shall
conform and to encourage the highest standards of aesthetics within
the township.
G. Prohibit incompatible uses. To prohibit uses, buildings or structures
which are incompatible with the character of development of the permitted
uses within specified zoning districts.
H. Regulate alterations of existing buildings. To prevent such additions
to and alterations or remodeling of existing buildings or structures
as would not comply with the restrictions and limitations imposed
hereunder.
I. Conserve taxable value of land. To conserve the taxable value of
land and buildings throughout the township.
J. Implement master plan. To implement the master plan for the Non-Pinelands
Area of the township, particularly the land use element of said plan.
[Amended 6-28-11 by Ord. No. O-2011-016]
The Non-Pinelands Area of the Township is hereby classified
into ten (10) districts, which shall be known as:
RL
|
Low Density Residential
|
RM
|
Medium Density Residential
|
RH
|
High Density Residential
|
CM
|
Major Commercial
|
C
|
Minor Commercial
|
I
|
Light Industrial
|
PC-A
|
Planned Community A [Added 9-27-16 by Ord. No. O-2016-019]
|
PC-B
|
Planned Community B [Added 9-27-16 by Ord. No. O-2016-019]
|
P
|
Public Use
|
PU
|
Public Utility
|
RC
|
Recreation-Conservation
|
Overlapping with several of the districts are environmentally sensitive areas which must comply with the standards of the district in which they exist as well as the provisions set forth in Article XIII of this chapter. [Amended 9-27-05 by Ord. No. O-23-05]
|
Zoning district boundaries are intended to follow lot and property
lines, street or alley lines or by hypothetical extensions of said
lines. Where the zoning map indicates a district boundary approximately
on the lot, street or alley line, the center line of said lot, street
or alley shall be construed to be the boundary. Where district boundaries
approximately follow lot lines and where they do not scale more than
ten (10) feet distant therefrom, such lines shall be construed to
be such boundaries, unless specifically shown otherwise.
Notwithstanding the use restrictions contained in this chapter,
any lawful use in the Non-Pinelands Area of the township which existed
as of the effective date of this chapter, may be expanded, provided
that:
A. The area of expansion does not exceed fifty percent (50%) of the
floor area, the area of the use or the capacity of the use, whichever
is applicable; or
B. The developer demonstrates that the expansion of the existing use
in excess of fifty percent (50%) is necessary in order to maintain
the economic viability of the existing use.
Definitions for the Zoning Chapter of Winslow Township Code are provided under Article
II of this chapter.
[Added 11-17-98 by Ord. No. 0-22-98; amended 2-23-99 by Ord. No. 0-2-99]
A. Definition of institutional use. An institutional use shall be defined as set forth in Article
II, Section
294-10, of Chapter
294 and Article
I, Section
296-7, of Chapter
296 of the Township Code.
B. Permitted use. Institutional uses shall be permitted in every zoning district established in Chapter
294, Section
294-2 and Chapter
296, Section
296-3 of the Code of the Township of Winslow except in Pinelands Preservation (PP) and Pinelands Agricultural (PA) zoning districts.
[Added 9-28-10 by Ord. No. O-2010-032]
A. Solar energy systems and solar farms shall be permitted in the CM,
Major Commercial District, C, Minor Commercial District, LI, Light
Industrial District, Planned Community Districts, P, Public Use District
and RC, Recreation-Conservation District if the following conditions
are met:
(1)
Area, yard and bulk requirements shall adhere to "
Schedule 3 Area, Yard and Bulk Requirements for Non-Residential Uses in the Non-Pinelands Area of Winslow Township" based upon the use that it serves or if it is a "back to the grid" solar farm the minimum lot area shall be five (5) continuous acres that are owned by the same person or entity and the area, yard and bulk requirements shall be those for warehouse, manufacturing or fabrication uses as set forth in "
Schedule 3" except that in the LI, Light Industrial Zone, the minimum lot area shall be twenty (20) continuous acres that are owned by the same person or entity. In no event shall solar farms or solar energy systems which are ground arrays be permitted in a front yard.
(2)
Notwithstanding the foregoing, the height limitations in Section
294-8.2A(1), solar energy systems as ground arrays or solar farms shall not exceed twenty (20) feet in height and roof-mounted solar energy systems installed on a building or structure shall not project vertically more than the height requirements for warehouse, manufacturing or fabrication uses in
Schedule 3. The panels shall not be located within three (3) feet of any peak, eave or valley of the roof in order to maintain pathways of accessibility.
(3)
Solar energy systems as ground arrays and solar farms shall
be enclosed by perimeter fencing to restrict unauthorized access at
a minimum height of at least eight (8) feet.
(4)
On-site power lines shall, to the extent practicable, be placed
underground.
(5)
The applicant shall provide proof that the solar energy system
or solar farm has received approval from the appropriate utility company
of the applicant's intent to install a back to the grid system.
(6)
The applicant shall provide proof that it has met any and all
New Jersey Board of Public Utility guidelines in connection with solar
energy system or solar farm.
(7)
All solar energy systems and solar farms shall be required to obtain site plan approval pursuant to Chapter
232 and shall also be required to obtain zoning and building permits as required by the Code of the Township of Winslow.
(8)
The restrictions as set forth in Section 294-132.1E shall apply.
(9)
The abandonment requirements as set forth in Section 294-132.1F
shall apply.
(10)
The applicant shall provide a study prepared by a qualified
individual to verify that the site conditions will produce the intended
solar power generation based upon property location, surrounding structures
and building orientation.
(11)
In the event the solar energy system is roof- mounted, detailed
calculations, engineered drawings and a structural analysis shall
be provided by a licensed engineer demonstrating the structural integrity
of the roof following installation of the roof-mounted solar energy
system.
(12)
All solar energy systems which are permitted as ground arrays
or solar farms shall be located so that any reflection is directed
away from or is properly buffered from an adjoining property.
(13)
There shall be no signs that are visible from any public road
posted on a solar farm or solar energy system or any associated building
or structure except the manufacturers or installers identification,
appropriate warning signs, or owner identification.
(14)
Solar energy systems and solar farms which connect to a public
utility shall comply with New Jersey's net metering and interconnection
standards.
(15)
All electrical and structural design criteria shall meet the
requirements of the State Uniform Construction Code.
(16)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
B. Wind energy systems shall be permitted in the CM, Major Commercial
District, C, Minor Commercial District, LI, Light Industrial District,
Planned Community Districts, P, Public Use District and RC, Recreation-Conservation
District if the following conditions are met:
(1)
Area, Yard and Bulk requirements for wind energy systems shall be those which apply to warehouse manufacturing or fabrication use as set forth in "
Schedule 3" entitled, "Area, Yard and Bulk Requirements for Non-Residential Uses in the Non-Pinelands Area of Winslow Township" except as follows:
(a)
With regard to wind energy systems in the LI, Light Industrial
District, minimum lot size shall be twenty (20) continuous acres that
are owned by the same person or entity. Any freestanding wind turbines
shall not exceed a height of eighty (80) feet on lots between two
(2) and three (3) continuous acres that are owned by the same person
or entity and one hundred fifty (150) feet on lots that are three
(3) continuous acres that are owned by the same person or entity or
more and the setback from any property boundary shall be one hundred
fifty percent (150%) of the system height.
(b)
No wind energy system shall be permitted as a roof-top installation;
(c)
Wind energy systems shall not be permitted in a front yard;
(d)
Noise energy levels shall not exceed fifty-five (55) decibels
at a common property line. These levels may be exceeded during short-term
events such as utility outages and severe windstorms.
(2)
All electrical and structural design criteria shall meet the
requirements of the State Uniform Construction Code. All ground-mounted
wind energy systems shall not be artificially lighted except to the
extent required by the FAA or other applicable authority.
(3)
Wind energy systems shall be enclosed by perimeter fencing to
restrict unauthorized access at a minimum height of at least eight
(8) feet.
(4)
On-site power lines shall be to the maximum extent practicable,
be placed underground.
(5)
Wind energy systems shall be required to obtain site plan approval pursuant to Chapter
232 and shall also be required to obtain zoning and building permits as required by the Code of the Township of Winslow.
(6)
Wind turbines contained in the wind energy system shall be designed
with an automatic brake or other similar device to prevent over-speeding
and excessive pressure on the tower structure.
(7)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(8)
Any tower in the wind energy system shall be designed and installed
so as not to provide step bolts, a ladder or other publicly accessible
means of climbing the tower, for a minimum height of eight (8) feet
above the ground.
(9)
All moving parts of the wind energy system shall be a minimum
of ten (10) feet above ground level.
(10)
The blades on the wind energy system shall be constructed of
a corrosive-resistant material.
(11)
All guy wires or any part of the wind energy system shall be
located on the same lot as the wind energy system.
(12)
The wind energy system shall remain painted or finished in the
color or finish that was originally applied by the manufacturer unless
a different color or finish is approved by the reviewing board. All
components of the system shall be maintained in accordance with the
most current requirements maintained within the Property Maintenance
Code and Uniform Construction Code adopted by the Township of Winslow.
(13)
There shall be no signs that are visible from any public road
posted on a wind energy system or any associated building or structure
except manufacturers or installers identification, appropriate warning
signs, or owner identification.
(14)
Wind energy systems that connect to a public utility shall comply
with New Jersey's net metering and interconnection standards.
(15)
The applicant shall provide proof that it has met any and all
New Jersey Board of Public Utility guidelines in connection with wind
energy systems.
(16)
The restrictions set forth in Section 294-132.1E shall apply
to wind energy systems.
(17)
The abandonment requirements set forth in Section 294-132.1F
shall apply to wind energy systems.
C. Cannabis establishments for Class 1, 2, 3 and 4 shall be permitted
as conditional uses in CM, Major Commercial District; C, Minor Commercial
District; LI, Light Industrial District.
[Added 8-17-2021 by Ord. No. O-2021-019]
(1)
All cannabis establishments Class 1 through 4, located within
the Township shall meet all requirements for licensure and hold the
appropriate license issued by the cannabis Regulatory Commission,
Department of Treasury, State of New Jersey.
(2)
No cannabis establishment shall permit on-site consumption of
cannabis or cannabis related products, including no on site sales
and consumption of alcohol or tobacco products.
(3)
No outside storage of any cannabis, cannabis products or cannabis
related materials shall be permitted.
(4)
Hours of operation for delivery timings of any cannabis facility
shall be limited from 8:00 a.m. to 10:00 p.m., seven days a week.
(5)
For each cannabis establishment located within the Township
a security plan to be approved by Winslow Police Department shall
be provided to demonstrate how the facility will maintain effective
security and control of the operations. The plan should include the
following but not limited to:
• Type of security systems to be installed.
• Installation, operation and maintenance of security camera
covering all interior and exterior parking lots, loading areas and
other such areas of the establishments.
• Tracking and record keeping of products and materials.
• Type of lighting provided in and around the establishments.
• Location on-site security team and armed guard on premises.
(6)
Township of Winslow shall permit a maximum of one cannabis establishment
for each licensed classification from Class 1 through Class 4. No
retail cannabis establishment Class 5 and/or delivery establishment
Class 6 shall be permitted within the Township. The operation of any
Class 2 cannabis licensed business in the Non-Pinelands Areas of the
Township of Winslow is prohibited.
[Amended 10-26-2021 by Ord. No. O-2021-026; 8-16-2022 by Ord. No. O-2022-016]
(7)
All cannabis establishments, particularly Class 1, 2, 3, and
4, shall provide detailed information on odor control from these sites.
This shall include air treatment systems with sufficient odor absorbing
ventilation and exhaust systems such that any odors generated inside
the facility are not detectable by a person of reasonable sensitivity
anywhere on adjacent property, within public rights of way, or within
any other unit located in the same building if the use occupies a
portion of a building.
(8)
All cannabis establishments 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 requirements.
(9)
Loitering, disruption to and/or obstruction of the free passage
of persons or vehicles in immediate vicinity of the property shall
be considered unlawful.
(10)
All cannabis establishment operations such as cultivation, manufacturing,
wholesale and packaging shall be conducted within a building. No operations
shall be conducted outside.
(11)
Cannabis establishment: Class 1, Class 2, Class 3 and Class
4 shall have a minimum lot area of 100,000 square feet.
[Amended 10-26-2021 by Ord. No. O-2021-026]
(12)
No cannabis establishments shall be located within 500 feet
of house of worship, school, day care and residential zones.
(13)
A water reclamation plan for Class 1 cannabis cultivation establishment
shall be submitted to be reviewed and approved by the Township Engineer.
(14)
The following parking schedule shall be used to calculate the
required number of off-street parking spaces per use. Where the calculation
results in a fraction of a space, the required number of parking spaces
shall be rounded to the nearest whole number.
Type of Use
|
Number of Parking Spaces Required
|
---|
Cannabis cultivator
|
1 per every 1,000 square feet of gross floor area or 1 per 2
employee at maximum shift.
|
Cannabis delivery service
|
1 per every 1,000 square feet of gross floor area, plus 1 parking
space for every delivery driver or fleet vehicle.
|
Cannabis manufacturer
|
1 per every 1,000 square feet of gross floor area or 1 per 2
employee at maximum shift.
|
Cannabis wholesaler
|
1 per every 1,000 square feet of gross floor area.
|
(15)
Signage: Signage shall comply with § 294.129, Signs.
The following words shall be prohibited from appearing on any sign:
"cannabis," "marijuana," "pot" and "weed." No cannabis product shall
be displayed in any windows or doors.
D. Convenience
store with motor fuel dispensing shall be permitted in the C Minor
Commercial District and CM Major Commercial District as a conditional
use provided that the following conditions are met:
[Added 12-20-2022 by Ord. No. O-2022-032]
(1)
Minimum lot size: 1.5 acres; and
(2)
Maximum building size: 6,500 square feet, exclusive of any fuel
area canopy; and
(3)
Maximum number of fueling stations: 10 dispensers with 2 fueling
positions at each; and
(4)
Maximum height for convenience store building: 35 feet, exclusive
of towers, cuppolas or other architectural elements; and
(5)
Minimum scenic corridor setback: 40 feet; and
(6)
Fuel area canopy: the height of any fuel area canopy shall not
exceed the height of convenience store building. Fuel area canopies
shall be permitted in the front, side and/or rear yards; and
(7)
Parking: minimum of 1 space for each 200 square feet of building
footprint, plus 1 space for each employee on the most heavily staffed
shift. Additional parking may be provided to enhance internal circulation
and eliminate stacking at driveways. Parking shall be permitted in
the front, side and/or rear yards. No landscaping shall be required
within parking areas or between building and parking areas; and
(8)
Driveways: Two-way driveways shall have a curbline opening of
twenty-four (24) to one hundred forty (140) feet; and
(9)
Signs for convenience store with
motor fuel dispensing:
[a]
Free standing signs: 1 free standing pole sign at the driveway
of each street frontage, with fuel pricing, maximum area of 100 square
feet per side, maximum height of 20 feet, minimum setback of 5 feet
from any street, and maximum clearance of 10 feet; and
[b]
Facade sign: 2 facade signs, 1 each on the front and back of
the building, not to exceed 20% of the front wall area, with a maximum
height not to exceed the height of the facade to which they are attached;
and
[c]
Canopy signs: maximum of 3 canopy signs, 2 "spanner" signs no
wider than the width of the canopy, located under the canopy, and
1 canopy sign located on the side of the canopy facing the front street;
and
[d]
Miscellaneous related signs, including signs on the fueling
pumps, directional signs and other signs permitted or required by
law, including window lottery signs, and bank ATM signs.
(10)
Accessory uses incidental to convenience store with motor fuel
dispensing shall include, but not limited to, off-street parking spaces,
signs, and both private EVSE and publicly accessible EVSE.
(11)
The conditions set forth in this Section
294-8.2D, Conditional uses, shall supersede all conflicting provisions of the Township Code.