There shall be two classes of Manufacturing Districts, M-1 Light
Manufacturing and M-2 Heavy Manufacturing, in which the following
regulations shall apply.
A.
Overlay Zone. There shall be established a special overlay provision in the M-2 Zone limited to Block 344.01, Lot 1.01 and Block 344, Lot 1, which shall include R-4 Multiple-Family Residence District regulations as delineated in § 166-15 of this chapter.
[Added 6-3-2004 by Ord.
No. 2004-15]
(1)
A housing impact fee of 1% of equalized assessed value of any development
shall be paid when the underlying zoning of M-2 Industrial shall be
utilized.
(a)
Developers that have received preliminary or final approval
prior to the effective date of this subsection shall be exempt from
paying a development fee unless the developer seeks a substantial
change in the approval.
(b)
Developers shall pay 50% of the calculated development fee to
West Deptford Township at the issuance of building permits. The development
fee shall be estimated by the Tax Assessor prior to the issuance of
building permits.
(c)
Developers shall pay the remaining fee to West Deptford Township
at the issuance of certificates of occupancy. At the issuance of certificates
of occupancy, the Tax Assessor shall calculate the equalized assessed
value and the appropriate development fee. The developer shall be
responsible for paying the difference between the fee calculated at
the issuance of the certificate of occupancy and the amount paid at
issuance of the building permit.
A.
M-1 Light Manufacturing Districts. A building may be erected or used,
and a lot may be used or occupied, for any of the following purposes
and no other, provided that no residential use shall be permitted,
and no use shall be permitted which creates or constitutes a hazard,
nuisance or other objectionable condition beyond the boundary line
of the site on which it is located by reason of noise, fumes, smoke,
odors, vibration, heat, glare or radiation, or which is included in
Use Group "H," High Hazard Uses, of the Uniform Construction Code:[1]
[Amended 11-4-2004 by Ord. No. 2004-20]
(1)
Any use permitted in Commercial Districts, except residential; provided, however, that any use so permitted because it is a permitted use in a Commercial District is subject, nevertheless, to the area regulations set forth in § 166-28 below.
[Amended 5-21-1992 by Ord. No. 92-7; 11-4-2004 by Ord. No. 2004-20]
(2)
A wholesale business establishment.
(3)
Storage or warehouse; packing and crating; express, carting or hauling
station; trucking yard or terminal.
(4)
Manufacturing or processing as follows:
(a)
Beverages (nonalcoholic); bottling establishment.
(b)
Canvas and canvas products.
(c)
Clothing and other textile products, not including the manufacture
of textiles.
(d)
The manufacture and assembly of electrical equipment, appliances
and supplies, not including heavy electrical machinery.
(e)
Combining or processing of food products, not including meat
and fish.
(f)
Jewelry, clocks and watches.
(g)
Leather products, including luggage and shoes.
(h)
Medical, dental, drafting equipment, optical goods and other
professional and scientific instruments.
(i)
Metal finishing, plating, grinding, sharpening, polishing, cleaning,
rustproofing and heat treatment.
(j)
Metal stamping and extrusion of small products.
(k)
Musical instruments.
(l)
Compounding of perfumes and pharmaceutical products.
(m)
Small rubber products and synthetic treated fabrics, not including
rubber and synthetic processing.
(n)
Small products from the following previously prepared materials:
bone, cork, feathers, felt, fur, glass, hair, horn, paper, plastics
and shells.
(o)
Tool, dye and pattern making, and similar small machine shops.
(p)
Wood products, including furniture and boxes.
(5)
Carpet and rug cleaning.
(6)
Laundry, dry-cleaning or dyeing plant.
(7)
Laboratory, research, experimental and testing.
(8)
Manufacturing, assembling and warehousing of printing machinery.
(9)
The following uses when authorized as a conditional use by the Planning
Board:
(a)
Yard for storage, sale and/or distribution of ice, coal, fuel
oil or building materials when enclosed within a solid fence of not
less than six feet in height, but not including a junk, salvage, automobile
or other wrecking yard, and not including a tank farm. The storage,
sale and distribution of liquid fuels shall be subject to the fire
prevention regulations of the Township.
(c)
Any and all soil or site preparation, planting of any materials
not for wholesale or retail sale and fencing for the purpose of creating
freshwater or tidal wetlands.
[Added 8-1-1996 by Ord.
No. 96-17]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
B.
M-2 Heavy Manufacturing Districts. A building may be erected, altered
or used for any lawful purpose which does not constitute a hazard
to the safety or the health of abutting neighborhoods, except that
in no event shall any of the purposes specified below be carried on,
as follows:
(1)
A residential dwelling.
[Amended 11-4-2004 by Ord. No. 2004-20]
(2)
An abattoir or stockyard.
(3)
The distillation of bones and wood.
(4)
Incineration or reduction of garbage, offal and dead animals, except
as municipal agents and on municipally owned lots.
(5)
Junkyard, salvage or wrecking yard, or the baling of rags or junk,
except when enclosed within a building or within a solid fence of
not less than seven feet in height, or when located at least 500 feet
from a street or property line.
(6)
Reduction and processing of wood pulp and fiber.
[Amended 12-2-1982 by Ord. No. 82-13; 7-6-1989 by Ord. No. 89-14; 1-12-1995 by Ord. No. 94-22; 11-6-2003 by Ord. No. 2003-15; 11-4-2004 by Ord. No. 2004-20]
Every building hereafter erected or used and every lot hereafter
used or occupied shall comply with the following area regulations:
A.
Lot area. A lot area sufficient in size to assure adequate sewage
disposal shall be provided, but in no case less than 20,000 square
feet per use. The minimum lot width at the building line shall be
100 feet.
B.
Building and lot coverage.
(1)
M-1 and M-2 Manufacturing Districts. Not more than 50% of the lot
area shall be occupied by buildings, and a total of not more than
75% of the lot area shall be occupied by buildings, parking areas,
driveways, sidewalks and other paved or impervious surfaces.
[Amended 4-3-2014 by Ord.
No. 2014-08]
C.
Yards.
(1)
Front yard. There shall be a front yard on each street on which a
lot abuts which shall be not less than 50 feet in depth. The 25 feet
of the required front yard adjoining the street line shall be appropriately
landscaped; the parking of passenger vehicles shall be permitted in
the twenty-five-foot portion of the required front yard closest to
the building.
(2)
Other yards. A perimeter yard of not less than 30 feet shall be provided along all other boundary lines of the lot, except where yards of a greater dimension are required in Subsection D below. Where such perimeter yard abuts a railroad or a utility right-of-way, the perimeter yard may be reduced to not less than 10 feet.
D.
Yard in manufacturing districts adjacent to residence district boundary
line.
(1)
In manufacturing districts along any residence district boundary
line or adjacent to any public or private school site(s) and/or facility(ies),
the following regulations shall apply:
(a)
A buffer yard of not less than 100 feet in width shall be provided
which shall be used only as a landscaped buffer area which shall include
berms and plantings such as hedges, evergreens, shrubberies or other
suitable plantings, which shall be provided and maintained in a fashion
to act as an effective screen in all four seasons.
(b)
No building in which manufacturing or processing operations
take place shall be located closer than 150 feet from a residence
district boundary line. This requirement shall not apply to office
or administrative buildings, parking facilities, storage buildings,
tanks and appurtenances or other buildings which do not include manufacturing
or processing operations.
(2)
Where a street constitutes a boundary line, the yard shall be measured
from the street line. Where land in an adjoining residence district
is held in common ownership with contiguous land in a manufacturing
district, 50 feet of such land in a residence district may be used
in meeting the above requirements, but such land used to meet the
yard and buffer requirements may not thereafter be sold separately
if such sale would reduce the yard space below minimum requirements.
No building shall exceed 80 feet in height, provided that such
height limits may be exceeded in the M-2 Manufacturing District when
authorized as a conditional use by the Planning Board.
[Added 7-21-2021 by Ord.
No. 2021-13]
A.
Intent. It is the purpose of this overlay zone to provide
areas to permit certain marketplace classes of licensed cannabis businesses
as a conditionally permitted use. The Cannabis Business (CB) Overlay
Zone shall include the following blocks and lots only, as shown on
the Tax Map of West Deptford Township:
Block 346.01
|
Lot 1
|
Route 295
|
Lot 2
|
Grandview Avenue
| |
Lot 2.01
|
1771 Imperial Way
| |
Lot 2.02
|
1757 Imperial Way
| |
Lot 2.03
|
1751 Imperial Way
| |
Lot 4
|
1401 Imperial Way
| |
Lot 9.02
|
1707 Imperial Way
| |
Lot 10
|
1480 Grandview Avenue
| |
Lot 15
|
1460 Grandview Avenue
| |
Lot 17
|
1570 Grandview Avenue
| |
Lot 18
|
1400 Grandview Avenue
| |
Block 346.04
|
Lot 4
|
1571 Grandview Avenue
|
Lot 5
|
1501 Grandview Avenue
| |
Lot 6
|
1425 Grandview Avenue
| |
Lot 7
|
150 Mid Atlantic Parkway
| |
Lot 8
|
1400-1480 Imperial Way
| |
Block 346.10
|
Lot 1
|
1225 Forest Parkway
|
Lot 2
|
1245 Forest Parkway
| |
Lot 3
|
Mantua Grove Road
| |
Lot 4
|
Mantua Grove Road
| |
Block 346.11
|
Lot 2
|
1222-24-26 Forest Parkway
|
Lot 3
|
1210 Forest Parkway
| |
Lot 4
|
1228 Forest Parkway
| |
Lot 5
|
1230 Forest Parkway
| |
Block 347.01
|
Lot 2
|
Connecting Road
|
Block 347.02
|
Lot 1
|
550 Grove Road
|
Lot 2
|
1250 Metropolitan Avenue
| |
Block 347.04
|
Lot 7
|
1395 Imperial Way
|
Lot 8
|
1351 Imperial Way
| |
Lot 9
|
1273 Imperial Way
| |
Lot 10
|
400 Grove Avenue
| |
Block 347.11
|
Lot 1
|
155 Mid Atlantic Parkway
|
Lot 2
|
Friars Lane
| |
Lot 4
|
1370 Imperial Way
| |
Lot 5
|
Grove Road
| |
Lot 6
|
1250 Imperial Way
| |
Lot 8
|
200 Grove Road
| |
Lot 11
|
1300 Imperial Way
| |
Block 351.28
|
Lot 2
|
280 Jessup Road
|
Lot 3
|
201 Grove Road
|
B.
CANNABIS CULTIVATOR
CANNABIS DISTRIBUTION
CANNABIS MANUFACTURER
LICENSE
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
MANUFACTURE
WHOLESALE TRADE
Definitions. Unless specifically defined below or otherwise in § 166-6B, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application:
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 Cannabis
Cultivator license.
The transportation of cannabis items to and from licensed
cannabis establishments, or home delivery of cannabis items related
supplies to a retail consumer.
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.
A license issued in accordance with the New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act (P.L. 2021, c.16)[1] is defined a license that is designated as either a:
Class 1 Cannabis Cultivator License: for
facilities involved in growing and cultivating cannabis;
Class 2 Cannabis Manufacturer License: for
facilities involved in the manufacturing, preparation, and packaging
of cannabis items;
Class 3 Cannabis Wholesaler License: for
facilities involved in obtaining and selling cannabis items for later
resale by other licensees;
Class 4 Cannabis Distributor License: for
businesses involved in transporting cannabis plants in bulk from on
licensed cultivator to another licensed cultivator, or cannabis items
in bulk from any type of licensed cannabis business to another;
Class 5 Cannabis Retail License: locations
at which cannabis items and related supplies are sold to consumers;
and
Class 6 Cannabis Delivery License: for businesses
providing courier services for consumer purchases that are fulfilled
by a licensed cannabis retailer in order to make deliveries of the
purchased items to a consumer, and which service would include the
ability of a consumer to make a purchase directly through the cannabis
delivery service which would be presented by the delivery service
for fulfillment by a retailer and then delivered to a consumer.
The term includes a conditional license for
a designated class, except when the context of the provisions of relevant
state law otherwise intend to only apply for a license and not a conditional
license.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
D.
Conditionally permitted uses. In the CB Overlay Zone,
the following uses shall be considered conditionally permitted uses
and shall meet the relevant required conditions, as noted below:
(1)
Licensed Cannabis Business Class 1, 2, 3 and
4 shall be permitted as a conditional use in the CB Overlay Zone so
long as said licensed businesses meet the following conditions:
(a)
State license. All facilities must have a
valid license to operate from the State of New Jersey in accordance
with the New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act (P.L. 2021, c.16).
(b)
Buildings. All facilities shall be located
within enclosed heated and air-conditioned buildings and shall not
be permitted in greenhouses, hoop houses, Quonset huts, or other similar
structures, nor shall facilities be located outdoors.
(c)
Hours of operation. Hours of public operation
shall be limited to 7:00 a.m. through 11:00 p.m. daily. No licensed
marijuana business shall be open to the public between the hours of
11:01 p.m. and 6:59 a.m. on any day.
(d)
Odor control. All facilities shall provide
an air treatment system with sufficient odor-absorbing ventilation
and exhaust systems such that any odor generated inside the facility
is not detectable by a person of reasonable sensitivity anywhere on
adjacent property, within public rights-of-way, or within any other
unit located within the same building as the licensed facility if
the use only occupies a portion of a building. Odor from the facility
shall be monitored on an annual basis at the discretion of the Township
by a licensed, qualified contractor chosen by the Township at a cost
that shall be paid for by the licensed business.
(e)
Noise. For any licensed cultivation, processing,
manufacturing, or similar operation, the facility shall provide for
noise mitigation features designed to minimize disturbance from machinery,
processing and/or packaging operations, loading, and other noise-generating
equipment or machinery. All licensed facilities must operate within
applicable state decibel limitations.
(f)
Security. To the extent not already required
by the entity's state license, all sites must be equipped with
security cameras covering all exterior parking and loading areas,
points of entry, and interior spaces which are either open to the
public or used for the storage or processing of marijuana products.
Footage must be maintained for the duration required under state law
or as required by the Cannabis Regulatory Commission. All licensed
facilities must provide the West Deptford Township Police Department
with access to security footage immediately upon request by the Department.
(g)
Fencing. All facilities shall be enclosed
by a security fence with a height of eight feet and shall be at least
50% transparent. Fifty-percent transparent fence design may include,
but are not limited to, picket, chain-link or extruded aluminum fences.
(h)
Off-street parking. Off-street parking
shall be provided in accordance with the West Deptford Township Zoning
Ordinance, as deemed sufficient by the members and professionals of
the Township's Planning Board.
E.
Permitted accessory uses. Any of the following uses
and structures may be permitted, when used in conjunction with a principal
use and conforming to the applicable subsection:
G.
Bulk requirements. All permitted and conditionally
permitted principal uses and structures shall meet the bulk requirements
of the Light Manufacturing (M-1) Zone.
H.
Additional requirements. In addition to § 166-29.1D, the following requirements shall apply:
(1)
All licensed facilities shall be subject to
a local transfer tax, as authorized by the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16),[2] whereby the rates of the local transfer tax shall apply
to the following license class:
(a)
Two percent of the receipts from each sale
by a Class 1 Cannabis Cultivator;
(b)
Two percent of the receipts from each sale
by a Class 2 Cannabis Manufacturer; and/or
(c)
One percent of the receipts from each sale
by a Class 3 Cannabis Wholesaler.
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(2)
Any other reasonable conditions imposed by
the Planning Board or as required by Township ordinances.