Article XIV Zoning

§ 175-154 Designation of districts.

[Amended 6-20-1988 by Ord. No. O-15-88; 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90; 7-21-1992 by Ord. No. O-27-92; 2-15-1993 by Ord. No. O-5-93; 11-23-2004 by Ord. No. O-38-2004; 11-23-2004 by Ord. No. O-40-2004; 12-4-2006 by Ord. No. O-48-2006; 4-24-2007 by Ord. No. O-17-2007; 5-25-2010 by Ord. No. O:07-2010; 10-28-2013 by Ord. No. O:15-2013]

For the purpose of this chapter, the Township of Monroe is divided into the following zoning districts:

FD-40	Forest Residential District 40
FD-10	Forest Residential District 10
AG	Agricultural Production District
RD-C	Rural Development Commercial District
RD-A	Rural Development Agricultural District
RD-RS	Rural Development Residential Sending
RD-RR	Rural Development Residential Receiving
RG-MR	Regional Growth Moderate Residential District
RG-MU	Regional Growth Mixed-Use District
RG-PR	Regional Growth Planned Residential District
RG-TC	Regional Growth Town Commercial District
RG-C	Regional Growth Commercial District
RG-LI	Regional Growth Light Industrial District
RG-30	Regional Growth Residential District 30
RG-40	Regional Growth Residential District 40
RG-RA	Regional Growth Age-Restricted District
C	Commercial District
R-2	Suburban Residential Option District
BP	Business Park District
R-1	Residential District
R-3	Residential District
RA	Residential Age-Restricted District
MU	Mixed-Use District

§ 175-155 Zoning Map.

[Amended 2-22-2005 by Ord. No. O-02-2005; 12-4-2006 by Ord. No. O-49-2006; 5-13-2008 by Ord. No. O:15-2008; 10-27-2009 by Ord. No. O:36-2009; 5-25-2010 by Ord. No. O:07-2010; 12-11-2012 by Ord. No. O:30-2012; 12-11-2012 by Ord. No. 31-2012]

The Boundaries of all zoning districts set forth in this article are hereby amended and are shown on a map entitled "Zoning Map, Township of Monroe, Gloucester County, New Jersey," (adopted by Ordinance O:02-2005, dated February 22, 2005; as amended by Township Council Ordinance O:14-2006, dated May 9, 2006; as amended by Township Council Ordinance O:27-2007, dated April 24, 2007; as amended by Township Council Ordinance O:15-2008, dated May 13, 2008; as amended by Township Council Ordinance O:17-2008, dated June 10, 2008; as amended by Township Council Ordinance O:36-2009, dated October 27, 2009; as amended by Township Council Ordinance O:07-2010, dated May 25, 2010; as amended by Township Council Ordinance O:31-2012, dated November 27, 2012) Said map and all notations, references and data shown thereon are hereby incorporated by reference to this chapter and shall be as much a part of this chapter as if all were fully described herein.[1]

[1]

Editor's Note: The Zoning Map is included at the end of this chapter.

§ 175-156 Boundaries.

Zone boundaries are intended to follow the center lines of streets, lot lines, hypothetical extensions of lot lines, property lines or other natural lines such as center lines of watercourses, ditches, etc., unless such district or zone boundary is fixed by dimension on the Zoning Map or by description and shall include lands acquired by accretion or stream diversion by natural causes.

Where a zone boundary fixed by dimension on the Zoning Map approximately follows and is not more than 20 feet from a lot line, such lot line shall be construed to be the zone boundary.

In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.

Boundaries indicated as approximately following municipality limits shall be construed as following municipal limits.

Where a zone boundary line divides a lot held in single ownership at the effective date of this chapter, the use regulations applicable to the less restricted zone district shall extend over the portion of the lot in the more restricted district a distance of not more than 50 feet beyond the zone boundary line.

§ 175-157 General standards.

General.

(1)

No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, either wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith, and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located, and so that all lots have frontage on a street.

(2)

In all districts after the effective date of this chapter, with the exception of Subsection B below, any existing building, structure or tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed nonconforming and subject to the regulations of § 175-122 of this chapter.

(3)

Where this chapter is silent as to the allowance of a use in a zone district, such silence shall be interpreted to mean that the use is not permitted. A use is not permitted in any zone district of the Township unless specifically included as a use or category of use in this chapter and in the specific zone district.

(4)

Front yard exceptions. The front yard of a proposed building in the R-40 District may be decreased in depth to the average alignment of existing buildings on the site and within 100 feet on each side of the proposed building and within the same block if such alignment of existing buildings is less than the front yard requirement for the district. This exception will apply where any existing building is to be demolished during or upon completion of construction of the proposed building.

(5)

Model homes or sales offices within a subdivision shall not be considered a business use only during the period necessary for the sale of new homes within the subdivision.

(6)

Signage in all zones shall be in accordance with § 175-135.

[Added 11-23-1999 by Ord. No. O-35-99]

Minimum standards for substandard lots, Pinelands. Notwithstanding the density limitations or other provisions of this chapter, the owner of a parcel of land of an acre or more within the Pinelands Area of Monroe Township shall be entitled to develop one single-family detached dwelling on the parcel, provided that:

[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]

(1)

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.

(2)

The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.

(3)

The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements.

(4)

The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

Adult bookstores and movie houses; massage parlors. These uses as defined in Article III of this chapter shall be permitted in the RD-C Zoning District under the category of local retail sales and service establishments in § 175-160B, subject to the same requirements as all other such uses for that district. In addition, no such use shall be located within 1,320 feet of the property line of any similar use, place of religious worship, school, recreational or health-care facility, library, any establishment licensed for the sale or consumption of alcoholic beverages or any existing or approved residential development consisting of 10 or more units approved as a single development project.

[Amended 7-18-1984 by Ord. No. O-11-84; 12-21-1987 by Ord. No. O-47-87; 7-21-1992 by Ord. No. O-27-92]

Mobile homes. No lot or lots may be used to house a mobile home or mobile home park unless otherwise specifically allowed by this chapter and the Mobile Home Parks Ordinance of Monroe Township.[1]

[1]

Editor's Note: See Ch. 289, Mobile Home Parks.

Community residences and shelters.

[Amended 8-12-1997 by Ord. No. O-40-97; 10-13-1998 by Ord. No. O-39-98; 4-23-2002 by Ord. No. O-3-2002]

(1)

Community residences for developmentally disabled; community residences for persons with head injuries; community shelters for domestic violence victims; and community residences for the terminally ill.

(a)

A community residence for the developmentally disabled, a community residence for persons with head injuries, a community shelter for victims of domestic violence and community residences for the terminally ill are permitted uses in all residential districts of the Township. The requirements of said uses shall be the same as for single-family dwelling units located within such districts.

Pinelands development credits (PDC).

(1)

Pinelands development credits established.

[Amended 10-3-1988 by Ord. No. O-21-88]

(a)

Except for land which is owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement pursuant to Subsection F(1)(b) below, every parcel of land in the Agricultural Production Districts shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in regional growth areas. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

[Amended 2-15-1993 by Ord. No. O-5-93]

(b)

Pinelands development credits are hereby established in the Agricultural Production Districts at the following ratios:

[1]

Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres.

[2]

Uplands which are mined as a result of a resource-extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres.

[3]

Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres.

[4]

Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres.

[Amended 4-28-1997 by Ord. No. O-27-97]

[5]

Other wetlands: 0.2 Pinelands development credits per 39 acres.

(c)

The allocations established in Subsection F(1)(b) above shall be reduced as follows:

[Amended 5-21-1990 by Ord. No. O-11-90; 2-15-1993 by Ord. No. O-5-93]

[1]

Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.

[2]

The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 PDC for each existing dwelling unit on the property.

[3]

The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 PDC for each reserved right to build a dwelling unit on the parcel retained by the owner or when a variance for cultural housing is approved by the Township pursuant to § 175-157I of this chapter. See § 175-157F(2)(b) below.

[4]

The PDC entitlement for a parcel of land shall also be reduced by 0.25 PDC for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is granted by the Pinelands Commission.

(d)

The owner of record of 0.10 or greater acres of land in the AG Zone as of February 7, 1979, shall be entitled to 0.25 Pinelands development credit, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family.

[Amended 5-21-1990 by Ord. No. O-11-90; 4-28-1997 by Ord. No. O-27-97]

(e)

The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection F(1)(b) of this section for the area in which the parcel is located.

(f)

The provisions of Subsection F(1)(d) above shall also apply to owners of record of less than 0.10 acre of land in the AG Zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands Development Credits are allocated pursuant to Subsection F(1)(b) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 acre.

[Added 4-28-1997 by Ord. No. O-27-97]

(2)

Limitations on use of Pinelands development credits:

(a)

No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed-restricted the use of the land in perpetuity to those uses set forth in § 175-157F(5)(b) below by a recorded deed restriction which is in favor or a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.

[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]

(b)

Notwithstanding the provisions of Subsection F(2)(a) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credits for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised. No such reduction is required if the right to develop a farm-related residence in accord with § 175-159B and C(5) is retained.

[Amended 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90]

(c)

The bonus density of a parcel of land on which Pinelands development credits are used shall not exceed the upper limits of the density range of the regional growth district in which the property is located.

(3)

Pinelands development credit bonus multipliers. Pinelands development credits which are used for securing a density bonus for parcels of land located in a regional growth district shall yield a bonus of four dwelling units per credit.

(4)

Aggregation of development credits. Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in a regional growth district.

(5)

Recordation of deed restriction.

[Amended 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90; 2-15-1993 by Ord. No. O-5-93]

(a)

No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.

(b)

Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses:

[1]

In the Agricultural Production District: agriculture; forestry; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel and no more than 1% of the parcel will be covered with impervious surfaces; agricultural commercial establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; agricultural products processing facilities; agricultural employee housing as an accessory use; fish and wildlife management; wetlands management; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; and accessory uses.

[Amended 3-27-2012 by Ord. No. O:11-2012; 9-10-2018 by Ord. No. O:23-2018]

[2]

In all other Pinelands zoning districts: agriculture; forestry; and low-intensity recreational uses.

(c)

No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving authority may grant preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or as appropriate, the general development plan approval. Notification of any such preliminary or final approval shall be made to the Pinelands Commission pursuant to § 175-39C and the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final subdivision approval or, if no such approval is required, prior to the issuance of any construction permits.

[Amended 4-28-1997 by Ord. No. O-27-97; 8-14-2001 by Ord. No. O-22-2001]

(6)

Pinelands development credits shall be used in the following manner:

[Added 10-3-1988 by Ord. No. O-21-88; amended 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90; 2-15-1993 by Ord. No. O-5-93]

(a)

To permit development of parcels of land in the Regional Growth Zoning Districts according to the density and lot area requirements set forth in § 175-161 of this chapter.

(b)

When a variance of density of minimum lot area requirements for the Regional Growth Zoning Districts is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance.

(c)

When a variance or other approval for a nonresidential use not otherwise permitted in the RG-20, RG-30, RG-40, RG-MR, or RG-PR Zones is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credits in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate of parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses, in accordance with N.J.A.C. 7:50-5.2.

[Amended 8-14-2001 by Ord. No. O-22-2001]

(d)

When a variance or other approval for a residential use in the RG-LI or RG-TC Zones is granted by the Township, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size. This requirement shall not apply to the approval of apartments over commercial uses in the RG-TC Zone in accordance with § 175-163D(l)(b)(6).

[Amended 8-14-2001 by Ord. No. O-22-2001; 10-26-2015 by Ord. No. O:35-2015]

(e)

When a variance for cultural housing is granted by the Township in accordance with § 175-157H of this chapter.

(f)

When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

Density transfer program.

[Amended 10-3-1988 by Ord. No. O-21-88; 2-15-1993 by Ord. No. O-5-93]

(1)

Rural development area. Residential dwellings on one-acre lots shall be permitted in the RD-RR Zone, provided that:

(a)

The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least five acres.

(b)

All lands acquired pursuant to Subsection G(1)(a) above, which may or may not be developable, must be located within the RD-RR or RD-RS Zones.

(c)

All noncontiguous lands acquired pursuant to Subsection G(1)(a) and (b) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:

[Amended 3-27-2012 by Ord. No. O:11-2012]

[1]

The deed of restriction shall permit the parcel to be managed for:

[a]

Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter;

[b]

Where agricultural use exists on a parcel proposed to be protected, the following standards shall apply:

[i]

For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%.

[ii]

For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided that the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;

[iii]

For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection G(1)(c)[1][b][i] or [ii] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection G(1)(c)[1][a] above and shall not provide for continuation of any agricultural use on the parcel; and

[iv]

The deed of restriction to be recorded pursuant to Subsection G(1)(c)[1][b][i] or [ii] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Gloucester County or the State Agricultural Development Committee, evidence of its approval shall also be provided.

[2]

The deed of restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.

(d)

Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed.

(e)

The lot proposed for development otherwise meets the minimum standards of Article XIII of this chapter.

(2)

Forest area. Residential dwellings on one-acre lots existing as of January 14, 1981, shall be permitted in the FD-10 and FD-40 Zones, provided that:

(a)

[1]

Ten and zero-tenths acres if all acquired noncontiguous lands are located in the FD-10 Zone.

[2]

Thirty-seven and zero-tenths acres if all acquired noncontiguous lands are located in the FD-40 Zone.

(b)

All lands acquired pursuant to Subsection G(2)(a) above, which may or may not be developable, must be located within the FD-10 or FD-40 Zoning Districts.

(c)

All noncontiguous lands acquired pursuant to Subsection G(2)(a) and (b) above shall be permanently protected through recordation of a deed of restriction in accordance with the requirements of G(1)(c) above.

[Amended 3-27-2012 by Ord. No. O:11-2012]

(d)

Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed.

(e)

The lot proposed for development otherwise meets the minimum standards of Article XIII of this chapter.

(3)

Rural Development Agricultural Zone. Residential dwellings on one-acre lots existing as of January 14, 1981, shall be permitted in the RD-A Zoning District, provided that:

(a)

(b)

All lands acquired pursuant to Subsection G(3)(a) above, which may or may not be developable, are located within the RD-A Zone.

(c)

All noncontiguous lands acquired pursuant to Subsection G(3)(a) and (b) above shall be permanently protected through recordation of a deed of restriction in accordance with the requirements of G(1)(c) above.

[Amended 3-27-2012 by Ord. No. O:11-2012]

(d)

Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed.

(e)

The lot proposed for development otherwise meets the minimum standards of Article XIII of this chapter.

Special provisions for cultural housing. Residential dwellings on lots of 3.2 acres may be permitted within any zoning district, provided that:

[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97]

(1)

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.

(2)

The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years.

(3)

The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.

(4)

The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least twenty different years.

Additional provisions for cultural housing. Residential dwelling units on one-acre lots may be permitted within any management area, provided that:

[Added 2-15-1993 by Ord. No. O-5-93]

(1)

The applicant satisfies all of the requirements set forth in § 175-157H above.

(2)

The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981.

(3)

The applicant qualifies for and receives from the Township a variance from the three-and-two-tenths-acre lot size requirement set forth in § 175-157H above.

(4)

The applicant purchases and redeems 0.25 Pinelands development credits.

(5)

Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 175-157F(1)(c) of this chapter.

Accessory dwelling units. Accessory dwelling units may be permitted as an accessory use in association with an existing single-family detached dwelling unit.

[Added 4-24-2007 by Ord. No. O-14-2007; amended 8-26-2008 by Ord. No. O:29-2008]

(1)

An accessory dwelling unit is a small apartment which is part of an existing single-family owner-occupied home, and which is clearly secondary to the single-family home. The accessory dwelling unit shall have a kitchen, bathroom and no more than one bedroom. In the Pinelands area of the Township, an accessory dwelling unit and the existing single-family detached dwelling unit to which it is accessory are each dwelling units. Both the accessory dwelling unit and the existing single-family detached dwelling unit to which it is accessory must comply with the density requirements and minimum lot size requirements of the zoning district within which they are both located.

(2)

Owner-occupied means that either the principal dwelling unit or the accessory dwelling unit is occupied by a person who has a legal or equitable ownership interest in the property and bears all or part of the economic risk of decline in value of the property.

(3)

An accessory dwelling unit may be permitted as an accessory use to an existing single-family detached dwelling unit under the following conditions:

(a)

Only one accessory dwelling unit is permitted per lot. The accessory dwelling unit shall be located in the same building as the principal dwelling unit or in a building accessory to the principal dwelling unit. Any structure containing an accessory dwelling unit must meet minimum yard and setback requirements for the principal structure. All relevant zoning requirements shall be met.

(b)

The maximum floor area of an accessory dwelling unit shall be 1,000 square feet or 1/3 the living space of the principal dwelling, whichever is less; provided that this limitation shall not be construed to require an accessory dwelling unit smaller than that required by the New Jersey Mortgage Finance Agency for funding purposes.

(c)

A zoning permit for the proposed construction of a new accessory dwelling unit or the creation of a new accessory dwelling unit within an existing building must be issued by the Zoning Officer. Planning Board approval is not required for an accessory dwelling unit.

(d)

This subsection is intended to create year-round housing. Therefore, the accessory dwelling unit may not be utilized for short-term (fewer than 12 months).

(e)

The property owner must occupy either the principal dwelling unit or the accessory dwelling unit as his/her principal residence, and at no time receive rent for the non-owner-occupied unit.

(f)

No accessory dwelling unit shall receive a building permit unless the property owner demonstrates that an adequate potable water supply is available.

(g)

No accessory dwelling unit shall receive a building permit unless the property owner demonstrates that the septic system is adequate to handle the increased loads occasioned by the additional occupancy of the property and complies with § 175-149A through I.

(h)

The accessory dwelling unit shall be in full compliance with all applicable health and construction codes prior to occupancy.

(i)

One off-street parking space must be provided for each vehicle registered to occupants of the one-bedroom accessory dwelling unit, in addition to the off-street parking required for the principal dwelling unit. In general, new parking must comply with current parking standards.

(j)

An accessory dwelling unit shall be designed to maintain the architectural design, style, appearance, and character of the main building as a single-family residence. If an accessory dwelling unit extends beyond the existing footprint of the main building, such an addition must be consistent with the existing facade, roof pitch, siding, and windows.

(k)

Exterior stairs are restricted to the rear or side of the structure wherever practicable.

(l)

A home occupation or home business may be conducted, subject to existing regulations, as an accessory use to either the accessory dwelling unit or the principal dwelling unit, but not both.

§ 175-158 Forest area zoning districts.

Forest district zones are as follows:

[Amended 2-15-1993 by Ord. No. O-5-93]

	FD-10 Forest Residential District 10
	FD-40 Forest Residential District 40

Purpose.

[Amended 3-27-2012 by Ord. No. O:11-2012]

(1)

The forest district zones are found in areas of the Township which exhibit many critical ecological values. They may be characterized as places with little or no encroachment from residential, agricultural or other man-made uses. The intent of this section is to preserve and maintain the existing environment, including plant and animal species indigenous thereto and the habitat thereof; protect and maintain the quality of surface waters and groundwaters; and discourage piecemeal and scattered development.

(2)

The Pinelands plan has permitted residential dwelling units in the forest area, provided that the total number of new units does not exceed one dwelling unit for every 15.8 acres of privately owned undeveloped land which is not defined in this chapter as wetland. The FD-10 and FD-40 Zoning Districts have been designed to meet this density requirement. Cluster development is required in accordance with § 175-94.1 whenever two or more units are proposed as part of a residential development in these zoning districts.

Permitted uses.[1]

[1]

Editor's Note: A listing of the permitted uses for the forest area zoning districts is included at the end of this chapter.

Additional standards for principal uses. The following standards shall apply to the uses set forth below where said uses are permitted:

(1)

Single-family detached dwelling units may be constructed on lots of 3.2 acres in accordance with § 175-157H and on lots of one acre in accordance with § 175-157G and I.

[Amended 10-3-1988 by Ord. No. O-21-88; 2-15-1993 by Ord. No. O-5-93]

(2)

Roadside retail sales and service establishments, where permitted, shall meet the following standards:

(a)

The parcel proposed for development has roadway frontage of at least 50 feet.

(b)

No portion of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979.

(c)

The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.

(3)

Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, where permitted, shall meet the following standards:

[Amended 10-3-1988 by Ord. No. O-21-88]

(a)

The principal goods or products available for sale were produced in the Pinelands.

(b)

The sales area of the establishment does not exceed 5,000 square feet. The sales area shall include both outdoor and indoor areas of display of merchandise, whether or not within a structure.

(c)

Adequate off-street parking spaces shall be provided.

(d)

If sales are to be conducted in the evening, all access and exit points shall be properly illuminated in accordance with the standards of this chapter.

(4)

Institutional uses, where permitted, shall meet the following conditions:

(a)

The use does not require or will not generate subsidiary or satellite development in the forest area.

(b)

The applicant has demonstrated that adequate public service infrastructure will be available to serve the use.

(c)

The use is primarily designed to serve the needs of the forest area in which the use is to be located.

(d)

In addition to all other standards of this chapter, the Board may defer to other governmental agencies where they may provide standards for the proposed use.

(e)

The Board shall base its approval upon compliance with the standards of other approving agencies and shall seek to have the use constructed so as not to adversely impact the surrounding uses and so as to harmoniously blend with the other uses in the zone.

(5)

Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the Forest Area Districts only in accordance with § 175-149E.

[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97]

Additional standards for conditional uses.

(1)

Low-intensity recreational uses, where permitted, shall provide that:

(a)

The parcel proposed for low-intensity recreational use has an area of at least 50 acres.

(b)

The recreational use does not involve the use of motorized vehicles except for necessary transportation.

(c)

Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.

(d)

Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.

(e)

No more than 1% of the parcel will be covered with impervious surfaces.

[Amended 3-27-2012 by Ord. No. O:11-2012]

(2)

Campgrounds, where permitted, shall provide that:

(a)

The use does not exceed one campsite per gross acre.

[Amended 4-28-1997 by Ord. No. O-27-97]

(b)

The campsites may be clustered at a net density not to exceed 10 campsites per acre.

(c)

The use complies with all provisions of the Campgrounds Ordinance of the Township.

(3)

The expansion of intensive recreational uses, where permitted, must meet the following standards:

[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]

(a)

The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979.

(b)

The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment.

(c)

The use is environmentally and aesthetically compatible with the character of the Pinelands Forest Area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.

(4)

Pinelands resource-related industrial and manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, where permitted, shall provide that:

[Amended 4-28-1997 by Ord. No. O-27-97]

(a)

The parcel proposed for development has an area of at least five acres.

(b)

The principal raw material for the proposed use is found or produced in the Pinelands.

(c)

The use does not require or will not generate subsidiary or satellite development in a forest district zone.

(5)

The continuation of existing resource extraction operations, where permitted, must meet the standards of § 175-130 and N.J.A.C. 7:50-6, Part VI.

[Added 4-28-1997 by Ord. No. O-27-97]

(6)

Nonclustered residential development in the FD-10 and FD-40 Districts. Single-family detached dwellings which are not clustered in accordance with the standards of § 175-94.1 may be permitted as a conditional use in the FD-10 and FD-40 Districts, provided that:

[Added 3-27-2012 by Ord. No. O:11-2012]

(a)

The Planning Board finds that:

[1]

Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or

[2]

Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development.

(b)

Minimum lot size requirements:

[1]

FD-10 Zone: 10 acres.

[2]

FD-40 Zone: 40 acres.

Additional standards for accessory permitted uses.

(1)

Agricultural accessory uses, where permitted, shall meet the following requirements:

(a)

Any building which is a stable or a shelter for livestock shall be located no closer than 50 feet from any side lot line and 100 feet back from any street line.

(b)

Seasonal agricultural employee housing must have a building setback of 100 feet from any street and 50 feet from any property line.

(2)

An agricultural commercial establishment operating as an accessory use rather than as principal permitted use shall meet the following additional requirements. It shall:

[Amended 5-21-1990 by Ord. No. O-11-90]

(a)

Be an accessory use to a farm, the farm being the principal use of the site.

(b)

Sell only farm or nursery products grown on the premises.

(c)

Be of a seasonal nature.

(d)

Be subject to the regulations applicable to the principal use of the property as limited or amended herein.

(e)

Be subject to the following additional standards:

[1]

Adequate off-street parking spaces shall be provided.

[2]

If sales are to be conducted in the evening, said stand and all access and exit points shall be properly illuminated in accordance with the standards of this chapter.

[3]

The stand shall either be removed or kept in good condition during the seasons when sales are not being made.

(3)

All accessory buildings shall comply with the standards of § 175-89 of this chapter.

Additional standards for nonresidential structures:

[Added 10-3-1988 by Ord. No. O-21-88[2]]

(1)

Minimum lot areas for nonresidential structures shall be determined by application of the standards contained in § 175-149G, whether or not the lot is to be served by a centralized sewer treatment of collection system pursuant to D(5) above.

(2)

No nonresidential structure shall be located on a parcel of less than one acre in size.

[Added 4-28-1997 by Ord. No. O-27-97]

[2]

Editor's Note: This ordinance also renumbered former Subsection G as Subsection H.

Schedule of Limitations.[3]

[3]

Editor's Note: The Schedule of Limitations for the forest area zoning districts is included at the end of this chapter.

§ 175-159 Agricultural Production Zoning District.

Purpose. The Agricultural Production Zoning District is intended to foster the continuation and expansion of agriculture in the Township. The further intent is to minimize the encroaching of nonagricultural uses into established agricultural areas and to protect the overall ecological values of such areas. Pinelands development credits shall be permitted in this district.

Permitted uses.[1]

[1]

Editor's Note: A listing of the permitted uses for the Agricultural Production Zoning District is included at the end of this chapter.

Additional standards for principal uses. The following standards shall apply to the uses set forth below:

(1)

Single-family detached dwelling units may be constructed on lots of 3.2 acres in accordance with § 175-157H and on lots of one acre in accordance with § 175-157I.

[Amended 10-3-1988 by Ord. No. O-21-88; 2-15-1993 by Ord. No. O-5-93]

(2)

Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, where permitted, shall meet the standards that:

[Amended 10-3-1988 by Ord. No. O-21-88]

(a)

The principal goods or products available for sale were produced in the Pinelands.

(b)

The sales area of the establishment does not exceed 5,000 square feet. The sales area shall include both outdoor and indoor areas of display of merchandise, whether or not within a structure.

(c)

Adequate off-street parking spaces shall be provided.

(d)

If sales are to be conducted in the evening, all access and exit points shall be properly illuminated in accordance with the standards of this chapter.

(3)

Agricultural processing facilities where such use is the principal use of the lot and is not an accessory use to an active agricultural operation for the packaging of produce grown on the same site shall meet the following requirements. It shall:

(a)

Contain a minimum of five acres of lot area; provided, however, that this minimum area requirement shall be increased to accommodate the septic dilution requirements for those uses dependent upon the on-site disposal of employee-generated wastewater.

(b)

Comply with all other requirements relating to water quality pursuant to § 175-149 of this chapter.

(c)

Comply with the other area, yard, setback and buffer requirements for such uses contained in Subsection F of this section.

(4)

Residential dwellings units at a gross density of one unit per 40 acres may be constructed, provided that:

[Added 10-3-1988 by Ord. No. O-21-88[2]; amended 4-28-1997 by Ord. No. O-27-97]

(a)

The unit(s) shall be clustered on one acre lots.

(b)

The remainder of the parcel, including all contiguous lands in common ownership, which is not assigned to individual residential lots shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the parcel.

(c)

The restriction on the deed to the parcel, including any rights to be redeemed for future residential development, shall be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands development credits allocated to the parcel.

[2]

Editor's Note: This ordinance also provided for the repeal of former Subsection C(4), regarding institutional uses.

(5)

Residential dwelling units not to exceed a gross density of one unit per 10 acres may be constructed, provided that:

[Added 10-3-1988 by Ord. No. O-21-88]

(a)

The dwelling is accessory to an active agricultural operation.

(b)

The dwelling is for an operator or employee of the farm who is actively engaged in and essential to the agricultural operation.

(c)

The dwelling is located on a lot which is under or qualified for agricultural assessment.

(d)

The dwelling is located on a lot which has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unit unto itself or as part of another farm operation in the area.

(e)

A residential lot has not been subdivided from the property within the previous five years unless the lot has been subdivided pursuant to § 175-157H.

[Amended 5-21-1990 by Ord. No. O-11-90]

(f)

No more than one lot may be created for a dwelling pursuant to this subsection at any one time.

[Added 5-21-1990 by Ord. No. O-11-90]

(6)

Public service infrastructure. Centralized wastewater treatment and collection facilities shall be permitted to serve the Agricultural Production District only in accordance with § 175-149E.

[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97]

Additional standards for conditional uses.

(1)

Low-intensity recreational uses, where permitted, shall provide that:

(a)

The parcel proposed for low-intensity recreational use has an area of at least 50 acres.

(b)

The recreational use does not involve the use of motorized vehicles except for necessary transportation.

(c)

Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.

(d)

Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.

(e)

No more than 1% of the parcel will be covered with impervious surfaces.

[Amended 3-27-2012 by Ord. No. O:11-2012]

(2)

Expansion of intensive recreational uses, where permitted, must meet the standards that:

[Amended 10-3-1988 by Ord. No. O-21-88[3]; 4-28-1997 by Ord. No. O-27-97]

(a)

The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979.

(b)

The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment.

(c)

The use is environmentally and aesthetically compatible with the character of the Pinelands Agricultural Production Area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources and will not unduly burden public services.

[3]

Editor's Note: This ordinance also provided for the repeal of former Subsection D(2), regarding campgrounds, and redesignated former Subsection D(3) and (4) as Subsection D(2) and (3).

(3)

Pinelands resource-related industrial and manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, where permitted, shall provide that:

[Amended 4-28-1997 by Ord. No. O-27-97]

(a)

The parcel proposed for development has an area of at least five acres.

(b)

The principal raw material for the proposed use is found or produced in the Pinelands.

(c)

The use does not require or will not generate subsidiary or satellite development in a forest district zone.

Additional standards for accessory permitted uses.

(1)

Agricultural accessory uses, where permitted, shall meet the requirements that:

(a)

Any building which is a stable or a shelter for livestock shall be located no closer than 50 feet from any side lot line and 100 feet back from any street line.

(b)

Seasonal agricultural employee housing must have a building setback of 100 feet from any street and 50 feet from any property line, and must comply with all applicable state regulations regarding said use.

(c)

Agricultural employee housing is permitted only as an element of and accessory to an active agricultural operation.

[Amended 10-3-1988 by Ord. No. O-21-88]

(2)

Airports and heliports when accessory to an ongoing agricultural operation and used exclusively for the storage, fueling, loading and operation of aircraft as part of said use are permitted.

(3)

An agricultural commercial establishment operating as an accessory use rather than as a principal permitted use shall meet the following additional requirements. It shall:

[Amended 5-21-1990 by Ord. No. O-11-90]

(a)

Be an accessory use to a farm, the farm being the principal use of the site.

(b)

Sell only farm or nursery products grown on the premises.

(c)

Be of a seasonal nature.

(d)

Be subject to the regulations applicable to the principal use of the property as limited or amended herein.

(e)

Be subject to the following additional standards:

[1]

Adequate off-street parking spaces shall be provided.

[2]

If sales are to be conducted in the evening, said stand and all access and exit points shall be properly illuminated in accordance with the standards of this chapter.

[3]

The stand shall either be removed or kept in good condition during the season when sales are not being made.

(4)

All accessory buildings shall comply with the standards of § 175-89 of this chapter.

Additional standards for nonresidential structures:

[Added 10-3-1988 by Ord. No. O-21-88[4]]

(1)

(2)

No nonresidential structure shall be located on a parcel of less than one acre in size.

[Added 4-28-1997 by Ord. No. O-27-97]

[4]

Editor's Note: This ordinance also renumbered former Subsection F as Subsection G.

Schedule of Limitations.[5]

[5]

Editor's Note: The Schedule of Limitations for the Agricultural Production Zoning District is included at the end of this chapter.

§ 175-160 Rural development zoning districts.

Purpose.

(1)

The rural development zoning district is transitional in nature. It is fragmented by existing development and agricultural uses. The area is relatively open in nature and is, thus, important from a cultural, visual and ecological standpoint. The intention of the Zoning Plan and Ordinance is to both maintain, where practical, the existing character of the district and preserve it as land reservoirs for future community development. The uses in this district are controlled essentially by the Township so long as they have only a moderate impact.

(2)

The Pinelands plan has permitted residential dwelling units in the rural development area, provided that the total number of new units does not exceed one dwelling unit for every 3.2 acres of privately owned undeveloped land which is not defined in this chapter as wetland. The RD-RR, RD-RS and RD-A Zoning Districts have been designed to meet this density requirement. Cluster development is required in accordance with § 175-94.1 whenever two or more units are proposed as part of a residential development in these zoning districts.

[Amended 3-27-2012 by Ord. No. O:11-2012]

(3)

Finally, the Township has reserved the option to designate a portion of the rural development area as a municipal growth reserve.

Permitted uses.[1]

[1]

Editor's Note: A listing of the permitted uses for the rural development zoning districts is included at the end of this chapter.

Additional standards for principal permitted uses.

(1)

All cluster residential developments in any rural development area zoning district shall comply with the requirements for cluster development in § 175-94.1 of this chapter.

[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97; 3-27-2012 by Ord. No. O:11-2012]

(2)

Agricultural commercial establishments, where permitted, shall meet the standards that:

(a)

The principal goods or products available for sale were produced in the Pinelands; and

(b)

The sales area of the establishment does not exceed 5,000 square feet. The sales area shall include both outdoor and indoor areas of display of merchandise, whether or not within a structure.

(c)

Adequate off-street parking spaces shall be provided.

(d)

If sales are to be conducted in the evening, all access and exit points shall be properly illuminated in accordance with the standards of this chapter.

(3)

Institutional uses, where permitted, shall meet the following standards:

(a)

In addition to all other standards of this chapter, the Board may defer to other governmental agencies where they may provide standards for the proposed use.

(b)

The Board shall base its approvals upon compliance with the standards of other approving agencies and shall seek to have the use constructed so as not to adversely impact the surrounding uses and so as to harmoniously blend with the other uses in the zone.

(4)

Public service infrastructure, except that centralized wastewater treatment and collection facilities shall be permitted to serve the Rural Development Area Districts only in accordance with § 175-149E.

[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97]

(5)

(Reserved)[2]

[2]

Editor's Note: Former Subsection C(5), concerning gross density of residential units in the RD-A Zoning District, added 2-15-1993 by Ord. No. O-5-93, was repealed 3-27-2012 by Ord. No. O:11-2012.

(6)

Single-family detached dwelling units may be constructed on one-acre lots in accordance with § 175-157G.

[Added 2-15-1993 by Ord. No. O-5-93]

Additional standards for conditional uses.

(1)

(2)

Light industrial uses, where permitted, shall:

(a)

(b)

Comply with all other requirements relating to water quality pursuant to § 175-149 of this chapter.

(c)

Comply with the other area, yard, setback and buffer requirements for such uses as contained in Subsection F of this section.

(d)

In any zone where a light industrial use is conditional, any building and site so used shall be designed and constructed so as in its visible features to be nonindustrial in appearance, that is, in terms of building scale, exterior finish, roofline and material, landscaping and other visible features. For example, unpainted walls or unpainted cinder-block walls shall not be permitted as the final exterior element; landscaping shall be used to soften or mask loading areas; and rooflines shall be disguised with a facade, which shall visually protect roof equipment as well.

[Added 7-21-1992 by Ord. No. O-27-92]

(3)

Local retail sales and service establishments, where permitted, shall:

(a)

Meet the definition of "community commercial" in terms of permitted uses as defined in Article III of this chapter.

(b)

Contain at least a minimum of one acre of lot area; provided, however, that this minimum area requirement shall be increased to accommodate the septic dilution requirements of those uses dependent upon on-site disposal of any generated wastewater.

(c)

Comply with all other applicable provisions relating to water quality pursuant to § 175-149 of this chapter.

(d)

Comply with the other area, yard, setback and buffer requirements for such uses as contained in Subsection F of this section.

(4)

Wholesale distribution and warehouse facilities, where permitted, shall:

(a)

(b)

Comply with all other applicable provisions relating to water quality pursuant to § 175-149 of this chapter.

(c)

Comply with the other area, yard, setback and buffer requirements for such uses as contained in Subsection F of this section.

(5)

Residential airparks shall be permitted in the RD-A and RD-I Zoning Districts, provided that the following conditions are met:

[Added 5-21-1990 by Ord. No. O-11-90; amended 12-17-1990 by Ord. No. O-31-90; 2-15-1993 by Ord. No. O-5-93]

(a)

An existing airport facility shall be included in its design.

(b)

A minimum of 200 acres shall be included in the total project.

(c)

A minimum of 40 dwelling units shall be included. All dwelling units shall be clustered in accordance with § 175-94.1.

[Amended 3-27-2012 by Ord. No. O:11-2012]

(d)

All appropriate requirements of the Federal Aviation Administration and New Jersey Department of Transportation shall be met.

(e)

The design shall provide access between the lots and the existing airport facility.

(f)

The minimum bulk regulations for residential development in the RD-RR Zone shall be utilized for the residential portion of the project. All units shall be located on one-acre lots in accordance with § 175-94.1.

[Amended 3-27-2012 by Ord. No. O:11-2012]

(6)

Nonclustered residential development in the RD-RR, RD-RS and RD-A Districts. Single-family detached dwellings which are not clustered in accordance with the standards of § 175-94.1 may be permitted as a conditional use in the RD-RR, RD-RS and RD-A Districts, provided that:

[Added 3-27-2012 by Ord. No. O:11-2012]

(a)

The Planning Board finds that:

[1]

Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or

[2]

Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development.

(b)

Minimum lot size requirements:

[1]

RD-RR Zone: 3.2 acres.

[2]

RD-RS Zone: 5.0 acres.

[3]

RD-A Zone: 8.0 acres.

(7)

Additional standards for accessory permitted uses.

(1)

Agricultural accessory uses, where permitted, shall meet the requirements that:

(a)

Any building which is a stable or a shelter for livestock shall be located no closer than 50 feet from any lot line and 100 feet from any street line.

(b)

Seasonal agricultural employee housing shall be located no closer than 50 feet from any side lot line and 100 feet from any street.

(c)

Yard requirements for other accessory uses shall be 50% of those required for principal uses.

(2)

An agricultural commercial establishment operating as an accessory use rather than as a principal permitted use shall meet the following additional requirements. It shall:

[Amended 5-21-1990 by Ord. No. O-11-90]

(a)

Be an accessory use to a farm, the farm being the principal use of the site.

(b)

Sell only farm or nursery products grown on the premises.

(c)

Be of a seasonal nature.

(d)

Be subject to the regulations applicable to the principal use of the property as limited or amended herein.

(e)

Be subject to the following additional standards:

[1]

Adequate off-street parking spaces shall be provided.

[2]

If sales are to be conducted in the evening, said stand and all access and exit points shall be properly illuminated in accordance with the standards of this chapter.

[3]

The stand shall either be removed or kept in good condition during the seasons when sales are not being made.

Additional standards for nonresidential structures:

[Added 10-3-1988 by Ord. No. O-21-88[3]]

(1)

(2)

No nonresidential structure shall be located on a parcel of less than one acre in size.

[Added 4-28-1997 by Ord. No. O-27-97]

[3]

Editor's Note: This ordinance also renumbered former Subsection F as Subsection G.

Schedule of Limitations.[4]

[4]

Editor's Note: The Schedule of Limitations for the rural development zoning districts is included at the end of this chapter.

§ 175-161 Regional growth zoning districts.

Purpose.

(1)

The regional growth zoning districts consist of those lands within the Township and the Pinelands which are capable of absorbing development to a high degree and where the pressure to develop is great. Growth is encouraged in these districts. The intent is to encourage a mix of housing types at moderate densities and to allow for innovative design approaches which will benefit the community as well as reduce the impact created by new housing.

(2)

Compatible residential, commercial and industrial development is encouraged in or adjacent to areas already utilized for such purposes and to accommodate orderly regional growth influences. The Township has the flexibility to allow density bonuses within residential developments with the use of Pinelands development credits and other local incentive programs.

(3)

Density requirements shall not apply to the RG-30 and RG-40 Zoning Districts.

[Added 11-23-2004 by Ord. No. O-37-2004]

Permitted uses.[1] All municipal structures as defined in § 175-11 are permitted in this zone.

[Amended 3-27-2001 by Ord. No. O-2-2001]

[1]

Editor's Note: A listing of the permitted uses for the regional growth zoning districts is included at the end of this chapter.

Additional standards for principal permitted uses.

(1)

Conventional single-family detached development shall be permitted at a density of 1.25 units per acre with a minimum lot size of 27,500 square feet, as in the schedule of limitations, with a permitted increase to 2.25 units per acre with the use of PDCs with the bulk requirements for cluster development in the schedule of limitations. These permitted densities shall not apply to residential development in the RG-30 and RG-40 Zones; only the minimum lot area requirements for single-family detached uses shall apply.

[Added 10-3-1988 by Ord. No. O-21-88; amended 12-4-2006 by Ord. No. O-50-2006]

(2)

All cluster residential developments in any regional growth area zoning district shall comply with both the general requirements for cluster development in § 175-94 of this chapter and with the following specific provisions:

(a)

Cluster developments shall include only single-family detached or two-family/twin dwellings and shall be allowed only where the facilities of public sanitary sewers are or can be made available to service the project.

(b)

Cluster developments shall be comprised of, at a minimum, 20 single-family detached or two-family/twin dwelling units.

(c)

The maximum number of dwelling units and/or building lots which can be built in a cluster development shall be calculated by multiplying the gross area of the project site times 1.25 as permitted with a conventional development approach. The maximum number of dwelling units or building lots or total dwelling unit yield may be increased up to 2.25 units per acre, provided that the applicant and/or developer can submit to the Board proof of the acquisition of the required amount of Pinelands development credits by the applicant/developer to account for such increases.

[Amended 2-19-1986 by Ord. No. O-2-86]

(d)

The minimum lot size for cluster developments shall be at least 10,000 square feet for detached units, 17,500 square feet for twin/two-family buildings and 8,750 square feet for each unit of a twin, and all other provisions of Subsection E of this section for yard, setback and other related requirements of cluster developments will apply.

(e)

A minimum of 25% of the total gross acreage of the project site shall be reserved as open space and shall comply with the requirements for open space areas as set forth in § 175-94 of this chapter.

(3)

Planned residential development, where permitted, shall comply with the following requirements:

(a)

The required minimum tract area shall be 25 acres.

[Amended 2-19-1986 by Ord. No. O-2-86; 10-3-1988 by Ord. No. O-21-88]

(b)

Maximum gross density shall be 3.75 units per acre over the total acreage proposed for development, provided that:

[Amended 2-19-1986 by Ord. No. 2-86; 10-3-1988 by Ord. No. O-21-88[2]]

[1]

Such maximum gross density may be increased up to 7.4 units per acre with the acquisition of Pinelands development credits in an amount sufficient to account for the proposed increase in accordance with the regulations therefor.

[2]

The applicant can demonstrate that the planned development project will not result in any negative fiscal, physical or environmental impacts; that the planned development will comply to all Township design and performance standards for such uses as contained within this chapter; and that the planned development contributes positively to stated Township goals, including the promotion of orderly growth, the development of a community-wide open space system and the development of the necessary infrastructure to support and maintain such new growth.

[2]

Editor's Note: This ordinance also provided that former Subsection C(1) through (4) be redesignated as Subsection C(2) through (5)

(c)

Housing mix requirements.

[Amended 2-19-1986 by Ord. No. O-2-86]

[1]

The following housing mix requirements shall be followed:

[Amended 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90]

[a]

Single-family detached and/or two-family units in the following proportions:

	Gross PRD Density	Minimum Percentage
	3.75	30
	Up to 7.4	10

[b]

Other types of units, not including any structure 35 feet in height or greater, either single-family attached or subject to § 175-89A or flats, in the following proportions at the specified net design densities:

Type	Gross PRD Density	Maximum Percentage	Net Density
Single-family attached	3.75	20	12
	Up to 7.4	50	12
Flats	3.75	20	16
	Up to 7.4	50	16

[2]

(Reserved)[3]

[3]

Editor's Note: Former Subsection E(3)(c)[2], regarding the discretion of the Planning Board to modify requirements, was repealed 5-21-1990 by Ord. No. O-11-90.

(d)

Not more than 35% of the gross tract acreage of the project site shall be covered by impervious surfaces, and a minimum of 25% of the gross tract acreage of the project shall be reserved as common open space. The Planning Board may, at its discretion and at the request of the applicant, modify the open space. Such open space areas shall comply with the requirements of § 175-94 of this chapter.

[Amended 2-19-1986 by Ord. No. O-2-86]

(e)

Notwithstanding the provisions of Subsection E of this section relating to requirements for single-family detached units, the following area, yard and bulk requirements shall apply in all planned developments:

[Amended 2-19-1986 by Ord. No. O-2-86]

	Single-Family Detached Units Where Lots Abut Open Space
	Type	Requirement
	Lot area	8,000 square feet
	Lot width	70 feet
	Lot frontage	60 feet
	Front setback*	40 feet
	Side yard**	12 feet for one, 20 feet for both
	Rear yard	25 feet
	NOTES: * All setbacks shall be measured from the proposed right-of-way width for any public street as shown on the adopted State, County or Township Master Plan and/or Official Map. ** Except that corner lots shall have a side yard of 30 feet adjacent to the nonfronting streets.

	Single-Family Detached Dwelling, Lots Not Abutting Open Space
	Type	Requirement
	Lot area	10,000 square feet
	Lot width	85 feet
	Lot frontage	70 feet
	Front setback*	40 feet
	Side yard**	12 feet for one, 20 feet for both
	Rear yard	25 feet
	NOTES: * All setbacks shall be measured from the proposed right-of-way width for any public street as shown on the adopted State, County or Township Master Plan and/or Official Map. ** Except that corner lots shall have a side yard of 30 feet adjacent to the nonfronting streets.

Two-Family Dwellings [Amended 12-17-1990 by Ord. No. O-31-90]
Type	Building	Unit
Lot area (square feet)	12,000	6,000
Lot width (feet)	100	50
Lot frontage (feet)	85	45
Front yard setback (feet)*	40	40
Side yard (feet)**	12	12 (1 side)
Rear yard (feet)	25	25
NOTES: * All setbacks shall be measured from the proposed right-of-way width for any public street as shown on the adopted State, County or Township Master Plan and/or Official Map. ** Except that corner lots shall have a side yard of 30 feet adjacent to the nonfronting streets.

(f)

There shall be a buffer of 50 feet along all external perimeters of a planned development project, as well as between areas of different use intensity on site. Such buffers shall comply with the standards of § 175-93 of this chapter.

(g)

All planned developments shall comply with the design and performance and evaluation standards of this chapter as contained in § § 175-104, 175-126, § 175-128 and 175-146, as applicable.

(4)

Institutional uses and fraternal or social lodges or clubs, where permitted, shall meet the following standards:

(a)

In addition to all other standards of this chapter, the Board may defer to other governmental agencies where they may provide standards for the proposed use.

(b)

(5)

Planned commercial developments, where permitted, may contain any use defined as community commercial in this chapter as well as business and professional offices and shall comply with the following:

(a)

Planned commercial developments shall require maximum attention to proper site design considerations, including the location of structure and parking areas, proper ingress and egress, development of an interior street system, architectural design, landscaping and the compatibility of any proposal with the natural foliage, soils, contours, drainage patterns and the need to avoid visual intrusions and performance nuisances upon adjacent residences or residential zones.

(b)

Gross floor area. Planned commercial uses shall have a total minimum gross floor area of 40,000 square feet, which shall be contained within at least two principal buildings which can be structurally connected for efficient pedestrian circulation.

(c)

Any principal building may contain more than one use of organization. Any lot may contain more than one principal building, provided that the total building coverage specified herein is not exceeded and the following building separation requirements are met:

[1]

All principal buildings shall be separated by a minimum of 25 feet, provided that separation is to be used solely for pedestrian circulation. Principal buildings within planned commercial uses may be structurally linked, provided that such linkages are part of a well-conceived architectural design and representative architectural achievements with such concepts.

[2]

All principal buildings shall be separated by a minimum of 50 feet when such separation is to be used for parking or vehicular circulation.

(d)

At least the first 20 feet adjacent to any street line and 10 feet adjacent to any lot line shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery and shall be separated from the parking area by suitable curbing as determined by this chapter and the Planning Board during site plan review.

(e)

No merchandise, products, waste equipment or similar material or objects shall be displayed or stored outside except for outdoor storage of mobile equipment.

(f)

All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.

(g)

All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planted for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the side and contributing upstream areas.

(h)

A minimum buffer area of 50 feet in width shall be provided along any common property line with a residential district in accordance with § 175-93 of this chapter.

(i)

Parking shall be as required by § 175-123 of this chapter, but in no case shall the total parking area for a planned commercial development be less than the total resulting from a ratio of four to one total parking area to gross floor area.

(j)

Each activity shall provide for off-street loading and unloading with adequate ingress to and egress from streets and shall provide such areas at the side or rear of the building. Each space shall be at least 15 by 40 feet, and one space shall be provided for every 8,000 square feet of gross floor area or fraction thereof in each building. There shall be no loading or unloading from the street.

(k)

Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.

(l)

There shall be at least one trash and garbage pickup location provided for each building, which shall be separated from the parking spaces by the storage of trash and/or garbage in a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general landing area(s), provided that the container in no way interferes with or restricts loading and unloading functions. All off-street loading areas shall be lighted.

(m)

All planned commercial developments shall comply with Subsection E of this section with respect to minimum requirements for area, setbacks and coverage.

(6)

Mobile home parks, where permitted, shall be subject to the Monroe Township Mobile Home Park Ordinance[4] and the following provisions:

[Added 7-21-1992 by Ord. No. O-27-92; amended 10-5-1992 by Ord. No. O-32-92]

(a)

The required minimum tract area shall be 25 acres, and the maximum size shall be 125 acres in the Pinelands Area of the Township.

[Amended 5-28-2019 by Ord. No. O:14-2019]

(b)

The maximum gross density shall be 7.5 units per acre over total acreage proposed for new developments, provided that:

[Amended 5-28-2019 by Ord. No. O:14-2019]

[1]

Such maximum gross density may be increased up to 8.0 units per acre, provided that the requirements in § 175-161C(6)(c) have been met and the Planning Board makes a specific finding that the design meets the intent and purpose of this section.

[2]

Pinelands Development Credits shall be used for 10% of all market-rate mobile home units. Mobile home units that are required to be made affordable for low- and moderate-income housing in accordance with § 175-89.1A(7) shall be excluded from the Pinelands Development Credit obligation, including such affordable mobile home units that are required to be constructed off-site in the RG-PR Zone pursuant to the January 2018 Consent Agreement between the Township of Monroe and Summerfields West, LLC.

[3]

The applicant can demonstrate that the mobile home park will not result in any negative fiscal, physical or environmental impacts, that the mobile home park will comply with all Township design and performance standards for such uses as contained within this chapter and that the mobile home park contributes positively to stated Township goals, including the promotion of orderly growth, the development of a community-wide open space system and the development of the necessary infrastructure to support and maintain such new growth.

(c)

Density. The following density requirements shall be followed:

[Amended 5-28-2019 by Ord. No. O:14-2019]

Gross Mobile Home Park Density (units)	Net Density (units)
7.5	12
Up to 8	12

(d)

(e)

The following area, yard and bulk requirements shall apply in all mobile home parks:

Type	Requirement
Mobile home site area	3,000 square feet
Mobile home site width	30 feet
Distance between mobile homes	15 feet
Setback of mobile home from accessway	10 feet

(f)

Mobile home parks shall remain private property. All on-site improvements except public utilities shall be owned and maintained by the property owner.

(g)

All mobile home parks shall comply with the following design and performance standards:

[1]

Accessway width.¹

Type of Parking	Width (feet)
1-side parking	28
2-side parking	30
No parking²	24
NOTES: ¹ Accessway width is measured from the outside edges of any mountable curb. ² If visitor parking is not permitted on accessways, visitor parking areas are to be provided at a rate of one parking space per 10 units.

[2]

A sidewalk shall be required along Township roads. No sidewalk is required along mobile home park accessways.

[3]

A curb shall be required along Township roads. A curb is not required along mobile home park accessways. The mobile home park accessways may utilize a beveled or rolled curb.

[4]

Storm sewer pipe is permitted to be located under the curb on privately owned accessways.

[5]

Accessway grades shall be a minimum of 0.5%.

[6]

Sight triangles at accessway intersections shall be measured from a point 15 feet behind the curbline of the stop accessway to a point 100 feet along the center line of the through accessway.

[7]

Accessway lights shall be located, at a minimum, at each accessway intersection.

[4]

Editor's Note: See Ch. 289, Mobile Home Parks, of the Code of the Township of Monroe.

(7)

Planned unit developments, where permitted, shall be subject to the following conditions:

[Added 7-21-1992 by Ord. No. O-27-92; amended 10-5-1992 by Ord. No. O-32-92]

(a)

Purpose: to provide for a flexibility in design in order that the best project be developed when a tract encompasses both residential and nonresidential area in the RG Zones.

(b)

Minimums to qualify shall be contiguous property of at least 10 acres in a nonresidential zone and 25 acres in a residential zone.

(c)

Design exceptions. When a tract meets the minimums above, the applicant may design the various elements without specific regard for the existing zoning district boundary. All provisions in this chapter for the subject zones must be followed to determine density, unit types, square footage of nonresidential development and other requirements. Maximum units and square footage shall not exceed that permitted under standard zoning for each category within the total tract. The location of nonresidential land use shall be consistent with the primary access, both vehicular and visual, being the Black Horse Pike. However, project and site layout shall be based upon good design rather than zone boundary.

(8)

Self-service storage facilities shall be permitted as a community commercial use, subject to the requirements of § 175-163I.

[Added 9-26-2000 by Ord. No. O-30-2000]

(9)

Planned large-scale anchor store developments, where permitted, may contain any use defined as community commercial in this chapter as well as business and professional offices, public garages, garden centers, service stations and establishments with drive-through windows and shall comply with the following:

[Added 8-22-2006 by Ord. No. O-34-2006; amended 4-24-2007 by Ord. No. O-15-2007]

(a)

Planned large-scale developments shall require maximum attention to proper site design considerations, including the location of structure and parking areas, proper ingress and egress, development of an interior street system, architectural design, landscaping and the compatibility of any proposal with the natural foliage, soils, contours, drainage patterns and the need to avoid visual intrusions and performance nuisances upon adjacent residences or residential zones.

(b)

All exterior building elevations that face public streets and/or customer parking areas shall be designed so that there are no large expanses of blank walls. This requirement can be met by employing the use of architectural features, including but not limited to the following: doors, windows, pilasters, columns, horizontal and vertical offsets, material and color variations, decorative cornices, awnings, canopies, murals and graphics. In order to assure conformance with this requirement, exterior building elevations must be reviewed and approved as a part of the overall final site plan review process.

(c)

Gross floor area. Planned anchor store development uses shall have a total minimum gross floor area of 100,000 square feet, which may be contained within at least two principal buildings which can be structurally connected for efficient pedestrian circulation.

(d)

Minimum lot frontage, front yard, side yard and rear yard setback requirements shall not be regarded as inflexible, nor shall they be applied in a manner that will adversely affect full implementation of a plan of development. The attainment of these requirements shall not be considered justification for building placement and proper site plan design without other considerations set forth in this chapter.

(e)

[1]

All principal buildings shall be separated by a minimum of 25 feet, provided that separation is to be used solely for pedestrian circulation. Principal buildings within planned anchor store uses may be structurally linked, provided that such linkages are part of a well-conceived architectural design and are representative architectural achievements with such concepts.

[2]

All principal buildings shall be separated by a minimum of 50 feet when such separation is to be used for parking and vehicular circulation.

(f)

(g)

Establishments with drive-through windows:

[1]

A drive-through facility shall be architecturally integrated with and into the principal building.

[2]

A drive-through facility shall not be located on the street side of the building or in front of the front building setback line.

[3]

A drive-through facility shall be permitted only at locations where such facility is not a dominant visual element on the site.

[4]

A drive-through facility, accompanying driveway and associated signage shall be set back a minimum distance of 50 feet from any land zoned for residential development.

[5]

A drive-through facility and associated signage shall be provided with landscaping to visually enhance views of the facility, signage and driveway as seen from the surrounding area.

[6]

A drive-through facility may be permitted, provided that such a facility does not adversely impede or conflict with pedestrian and/or vehicular circulation.

[7]

The Planning Board shall be satisfied that the on-site and off-site traffic circulation is capable of accommodating the proposed traffic volume associated with such facility, particularly during peak hours. The stacking driveway for the drive-through window shall provide room for at least five automobiles and shall be completely separated from any off-street parking areas and their access aisles, loading areas, and/or trash enclosures.

(h)

No waste equipment or similar material or objects shall be displayed or stored outside except for outdoor storage of mobile equipment.

(i)

The accessory merchandising and sale of retail goods is permitted upon sidewalks adjacent to structures, so long as there is an area of the sidewalk which is not merchandised, and satisfies the ordinance standard for free flow sidewalk depth, i.e., a ten-foot sidewalk merchandised to four feet allowing a six-foot free passage.

(j)

(k)

All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planted for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from on-site and contributing upstream areas.

(l)

A minimum buffer area of 50 feet in width shall be provided along any common property with a residential district in accordance with § 175-93 of this chapter.

(m)

There shall be at least one trash and garbage pickup location provided for each building, which shall be separated from the parking spaces by the storage of trash and/or garbage in steel-like, totally enclosed containers located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general landing area(s), provided that the container in no way interferes with or restricts loading and unloading functions. All outside loading areas shall be lighted.

(n)

The applicant shall provide a signage plan that addresses all permanent and temporary signs, including freestanding and facade, subject to Planning Board review and approval as to size, location, quantity, color, material, lighting, landscaping, and height.

Standards for accessory uses. Yard requirements for accessory uses may be reduced by up to 50% of the requirements for principal uses within the specific district.

Schedule of Limitations.[5]

[5]

Editor's Note: The Schedule of Limitations for the regional growth zoning districts is included at the end of this chapter.

Conditional uses. When permitted as conditional uses, professional offices, general offices, medical offices, legal offices, real estate offices and insurance offices shall be subject to the following conditions:

[Added 6-20-1988 by Ord. No. O-15-88; amended 10-23-2001 by Ord. No. O-31-2001; 11-23-2004 by Ord. No. O-37-2004]

(1)

Uses shall front on Main Street, with principal access to the street.

(2)

The primary architectural facade must face the street and the design of any building and must be compatible with the residential character of the area. All facades shall be designed to provide architectural interest.

(3)

The use will not detract from the character of the neighborhood.

(4)

Noise and lighting will be minimized, mitigated and/or shielded so as not to adversely affect adjacent residential uses.

(5)

All of the area, yard, building coverage, height, parking, sign and general requirements of the Regional Growth Commercial (RG-C) District and other appropriate requirements of the Land Management Ordinance shall be met.

(6)

A minimum twenty-five-foot-wide landscape buffer shall be provided adjacent to residential zones or existing residential uses with the intent to provide a continuous solid landscape screen.

[6]No residential dwelling unit shall be located on a parcel of less than one acre unless served by either a centralized wastewater treatment plant or a community on-site wastewater treatment system which meets the standards of § 175-149H or § 175-149I, provided the overall residential density on the parcel does not exceed one dwelling unit per acre. Notwithstanding this one-acre requirement, an application for residential development not served by sewers or a community on-site system on lots between 34,848 square feet and one acre in size in the Regional Growth Area may be considered without the necessity for a municipal lot size or density variance, provided that a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

[Added 2-15-1993 by Ord. No. O-5-93; amended 11-23-2004 by Ord. No. O-55-2004]

[6]

Editor's Note: Former Subsection G, Mobile home parks; conditions, added 5-21-1990 by Ord. No. O-11-90, was repealed 7-21-1992 by Ord. No. O-27-92. It was also repealed 10-5-1992 by Ord. No. O-32-92.

Assisted-living facilities. Assisted-living facilities shall meet the following requirements:

[Added 11-24-1998 by Ord. No. O-44-98]

(1)

Assisted-living facilities may be developed on the same lot as an institutional use, notwithstanding the provisions of § 175-127.

(2)

Minimum lot size. The required minimum lot size for an assisted-living facility shall be five acres.

(3)

Density.

(a)

Maximum gross density shall be 3.75 units per acre, provided that this density may be increased to eight units per acre with the acquisition of Pinelands development credits in an amount sufficient to account for the proposed increase in accordance with the regulations thereof. For purposes of computing density, each separate apartment or unit where one or more individuals reside in the assisted-living facility shall be considered one dwelling unit. Units in an assisted-living facility which is entirely a dementia-care facility shall not be included in the calculation of residential density.

(b)

The acreage used to calculate the assisted-living facility density shall be the total lot area reduced by the area occupied by any other use on the lot including any dementia-care facility.

(4)

Minimum lot width. The minimum lot width for an assisted-living facility shall be no less than 300 feet.

(5)

Minimum lot depth. The minimum lot depth for an assisted-living facility shall be no less than 400 feet.

(6)

Parking lots and driveways shall be set back 20 feet from any right-of-way.

(7)

Assisted-living facilities shall be subject to the requirements of § 175-125.

§ 175-161.1 RG-RA Regional Growth Residential Age-Restricted District.

[Added 11-23-2004 by Ord. No. O-38-2004]

Intent. The intent of the Regional Growth Residential Age-Restricted (RG-RA) District is to promote residential development on appropriately located tracts of land in the Pinelands Areas of the Township, especially designed to meet the special housing needs of older persons, with special emphasis on their particular physical and social needs. The parcels of land assembled for these developments shall be of sufficient size to permit the unified development of tracts of land with primary access to the principal or collector roads of the Township.

Age and occupancy requirements. The following age and occupancy requirements shall apply to all dwelling units in a regional growth residential age-restricted development:

(1)

Permanent residents shall be at least 55 years of age, except that a spouse may occupy a unit together with his or her spouse who is at least 55 years of age. "Permanent residents" are defined as people who live in the units more than 30 days in any twelve-month period.

(2)

A maximum of one child, 18 years of age or older, may reside as a permanent resident with his or her parent(s) or legal guardian(s).

(3)

No more than three permanent residents shall occupy any one unit.

Use.

(1)

Principal permitted uses.

(a)

Single-family detached dwellings.

(b)

Two-family (duplex or twin) dwellings.

(c)

Single-family attached (townhouses) dwellings, subject to the requirements of § 175-146.

(d)

Condominium flats, subject to the following requirements:

[1]

Buildings shall be arranged in groups or clusters to form architectural space (i.e., village squares, plazas, courtyards and traditional "streets" with "on-street parking"). A combination of these techniques shall be employed. Long, monotonous rows of buildings using repetitive architecture shall be prohibited.

[2]

The total length of any one building shall not exceed 200 feet.

[3]

Buildings shall be designed in a common architectural style. Care shall be taken to incorporate elements and rhythms to reinforce human scale. Each unit shall have either an outside deck, balcony or French balconette.

[4]

Parking areas shall be located within 100 feet of the building being served. Garage parking is encouraged for at least one parking space per unit.

[5]

No more than 60 spaces shall be provided in a single parking area.

[6]

No more than 15 parking spaces shall be provided in a continuous row without an adequate landscaped break of at least 10 feet.

[7]

A minimum of 10% of the parking area shall be devoted to landscaping.

[8]

"On-street" parking shall be required and may serve as overflow parking. Public or private, a street shall be defined as road serving internal circulation for the project.

(e)

Agricultural, subject to the requirements of § 175-90.

(f)

Forestry, subject to the requirements of § 175-107.

(g)

Public service infrastructure.

(2)

Conditional uses.

(a)

Mobile home parks, subject to the requirements of the Township's Mobile Home Park Ordinance (Chapter 289) and § 175-161C(6). Mobile home parks shall not be subject to the requirements of § 175-161.1D, E, F, and G.

[Amended 5-28-2019 by Ord. No. O:14-2019]

(b)

Institutional uses, subject to § 175-162D(1).

(3)

Permitted accessory uses.

(a)

Common recreational, social, educational, health and dining facilities, such as community building, swimming pools, tennis courts, shuffleboard courts, bicycling and hiking trails, and sports and play areas.

(b)

Off-street parking and private garages.

(c)

Home occupations, subject to § 175-111.

Area and bulk requirements.

(1)

Tract area. The minimum required tract area for residential age-restricted developments is 20 acres.

(2)

Development shall not exceed a maximum gross density of 3.75 units per acre, with a permitted increase to 7.4 units per acre in developments containing townhouses and/or condominiums, provided the applicant can demonstrate that the age-restricted development project will not result in any negative fiscal, physical or environmental impacts; that the development will comply with all Township design and performance standards for such uses as contained within the Land Management Ordinance; and that the age-restricted residential development contributes positively to stated Township goals, including the promotion of orderly growth, the development of a community-wide open space system and the development of the necessary infrastructure to support and maintain such new growth.

[Amended 5-28-2019 by Ord. No. O:14-2019]

(3)

Single-family detached units, single-family attached (townhouse) units and flats (condominiums) shall be permitted in the following proportions and at the specified net design densities:

[Amended 12-4-2006 by Ord. No. O-50-2006]

Type	Maximum Gross Density	Maximum Percentage	Maximum Net Density
SF detached	3.75	50	6
Twins	3.75	50	12
	Up to 7.4
Townhouses	3.75	80	12
	Up to 7.4	70	12
Condominiums	3.75	20	16
	Up to 7.4	40	16

(4)

Bulk requirements.

(a)

Single-family detached dwellings:

[1]

Minimum lot area: 6,600 square feet.

[2]

Minimum lot frontage/width: 60 feet.

[3]

Minimum lot depth: 110 feet.

[4]

Minimum front yard: 20 feet. Corner lots shall provide the minimum front yard requirement for both intersecting streets.

[5]

Minimum side yard: five feet for one side, 15 feet total. There shall be a minimum of 15 feet between dwellings.

[6]

Minimum rear yard: 20 feet.

[7]

Maximum lot coverage: 55%.

[8]

Maximum building height: 35 feet.

(b)

Two-family (duplex or twin) dwellings:

[1]

Minimum lot area: 12,000 square feet per building, 6,000 square feet per unit.

[2]

Minimum lot frontage/width: 100 feet per building, 50 feet per unit.

[3]

Minimum lot depth: 110 feet.

[4]

Minimum front yard: 20 feet. Corner lots shall provide the minimum front yard requirement for both intersecting streets.

[5]

Minimum side yard: five feet for one side, 15 feet total. There shall be a minimum of 15 feet between dwellings.

[6]

Minimum rear yard: 20 feet.

[7]

Maximum lot coverage: 50%.

[8]

Maximum building height: 35 feet.

(c)

Single-family attached dwellings (townhouses):

[1]

Minimum lot area: 2,000 square feet.

[2]

Maximum lot area: 3,000 square feet.

[3]

Minimum lot depth: 100 feet.

[4]

Minimum lot width: 20 feet.

[5]

Maximum front yard: 15 feet.

[6]

Minimum rear yard: 20 feet.

[7]

Minimum side yard (end units): 25 feet; may be reduced to 15 feet with enhanced architectural treatment of end wall, including special fenestration or side entry units and upgraded facade materials. All facades of townhouses shall be articulated with fenestration. There shall be no blank walls.

[8]

Minimum distance from building front or rear wall to building front or rear wall: 70 feet.

[9]

Minimum distance from building rear wall to building rear wall: 50 feet.

[10]

Minimum distance from any building wall to public right-of-way, street or paved parking area: 12 feet.

[11]

Minimum distance from any building wall to perimeter lot line: 50 feet.

[12]

It is encouraged that a variety of unit widths and sizes be provided. The minimum width for an individual unit shall be 20 feet, and the maximum width for an individual unit shall be 30 feet. A minimum of 20% and a maximum of 60% of the units shall be 20 feet to 24 feet wide, and a minimum of 20% of the units shall be 26 feet to 30 feet wide.

[13]

Maximum lot coverage: 75%.

[14]

Maximum building height: 35 feet.

[15]

There shall be no more than eight units in any one building.

(d)

Flats:

[Amended 12-4-2006 by Ord. No. O-50-2006]

[1]

Minimum distance from building end wall to building end wall: 40 feet; with no end wall window: 20 feet.

[2]

Minimum distance from building front or rear wall to building front or rear wall: 70 feet.

[3]

Minimum distance from building rear wall to building rear wall: 50 feet.

[4]

Minimum distance from any building wall to public right-of-way, street or paved parking area: 20 feet.

[5]

Minimum distance from any building wall to perimeter lot line: 50 feet.

[6]

Maximum building length: 200 feet.

[7]

Maximum site coverage: 35%.

[8]

Maximum building height: 40 feet; 50 feet with first-floor garage parking.

Buffers. A landscaped buffer, 50 feet wide, shall be provided along the entire perimeter of a regional growth residential age-restricted development. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing a year-round visual screen to the regional growth residential age-restricted development from adjacent rights-of-way and land uses. Fences, walls or structures shall not be permitted in the required buffer area.

Open space and recreation.

(1)

A minimum of 35% of the total tract area shall be set aside as common open space, and shall conform to the requirements of § 175-125.

(2)

All lands set aside for open space shall be developed with active and passive recreational facilities to service the needs of the residents of the residential age-restricted development. Such facilities may include a swimming pool, tennis courts, shuffleboard courts, bicycling trails, hiking trails, putting greens and/or picnic areas. Regional growth residential age-restricted developments containing 200 or more units shall provide a community building as the focal point of recreational activities within the development. Walking paths and bicycle paths shall be integrated in the design of the project and, where practical, connect to the Township's system.

Additional standards for regional growth residential age-restricted developments.

(1)

The layout and design of residential age-restricted developments shall create a recognizable community center that encourages pedestrian traffic and circulation.

(2)

All structures shall be constructed with a compatible architectural theme, with appropriate variations in design to provide attractiveness to the development.

(3)

All dwelling units shall connect to an approved and functioning central water and sanitary sewage treatment system.

(4)

A homeowners' association shall be created, subject to the approval of the Planning Board, to ensure maintenance of all common areas and facilities.

(5)

Private residential swimming pools, utility sheds and/or other accessory buildings are specifically prohibited.

(6)

Fencing shall not be permitted, unless required and/or approved by the Planning Board.

(7)

No storage of boats, trailers or campers shall be permitted on any individual residential lot.

(8)

Pinelands Development Credits shall be used for 25% of all units in the RG-RA Zone, excluding those that are required to be made affordable for low- and moderate-income housing in accordance with § 175-89.1A(6).

[Added 12-4-2006 by Ord. No. O-50-2006; amended 5-28-2019 by Ord. No. O:14-2019]

§ 175-161.2 RG-40 Zone District.

[Added 11-23-2004 by Ord. No. O-43-2004]

The following regulations shall apply in the RG-40 Zone District:

Conditional uses: professional office, general office, medical office, legal office, real estate office and insurance office, subject to the following conditions:

(1)

Uses shall front on Main Street with principal access to the street.

(2)

The primary architectural facade must face the street, and the design of any building must be compatible with the residential character of the area. All facades shall be designed to provide architectural interest.

(3)

The use will not detract from the character of the neighborhood.

(4)

Noise and lighting will be minimized, mitigated and/or shielded so as not to adversely affect adjacent residential uses.

(5)

All of the area, yard, building coverage, height, parking, sign and general requirements of the Commercial (C) District and other appropriate requirements of this chapter shall be met.

(6)

A minimum twenty-five-foot-wide landscape buffer shall be provided adjacent to residential zones or existing residential uses with the intent to provide a continuous solid landscape screen.

§ 175-161.3 RG-MU Regional Growth Mixed-Use District.

[Added 5-25-2010 by Ord. No. O:07-2010]

Intent. The intent of the Regional Growth Mixed-Use (RG-MU) District is to promote residential and community commercial development on appropriately located tracts of land in the Pinelands Area of the Township, designed in part to meet the special housing needs of older persons, with special emphasis on their particular physical needs, and in part to meet the housing needs of low- and moderate-income persons. The parcels of land assembled for these developments shall be of sufficient size to permit the unified development of tracts of land with primary access to the principal or collector roads of the Township.

Use.

(1)

Principal permitted uses.

(a)

Planned development, consisting of residential, institutional and community commercial uses. The following specific uses shall be permitted as part of a planned development:

[1]

Residential units in the form of single-family detached dwellings, single-family semidetached dwellings, single-family attached dwellings, multifamily dwellings, or apartment flats. Independent-living facilities and assisted-living facilities shall also be considered permitted residential uses, whether or not they are part of a continuing-care facility.

[2]

Institutional uses in the form of congregate-care facilities. Long-term-care facilities and nursing homes.

[3]

Community commercial uses in the form of retail business and service establishments, including retail shops, personal service establishments, business and professional offices, banks and fiduciary institutions. eating and drinking establishments, hotels and motels, commercial recreation and public assembly halls, funeral homes, independent medical and specialty care offices and treatment facilities, commercial parking lots and the like.

[4]

Craft alcoholic beverage establishments.

[Added 10-26-2015 by Ord. No. O:35-2015]

(b)

Agricultural, subject to the requirements of § 175-90.

(c)

Public service infrastructure.

(2)

Permitted accessory uses.

(a)

Common recreational, social, educational, health and dining facilities, such as a community building, swimming pools, tennis courts, shuffleboard courts, bicycling and hiking trails, and sports and play areas, putting greens and/or picnic areas.

(b)

Allied medical facilities, entertainment facilities, libraries, food preparation facilities, dining facilities, laundry and linen service facilities, administrative offices, staff facilities, storage and maintenance, chapels temporary guest lodging facilities, parking facilities barber shops and beauty parlors, facilities for the sale of sundries, personal articles, newspapers, food and similar convenience products to the residents, and such other uses as are customarily associated with and subordinate to the permitted uses.

(c)

Off-street parking and private garages.

(d)

Fences and walls, which shall be uniform in size and materials and complement the architectural style, type, and design of the dwelling unit and the overall project design, as established during the site plan review and approval process.

(e)

Decks and patios, which shall be uniform in size and materials and complement the architectural style, type, and design of the dwelling unit and the overall project design, as established during the site plan review and approval process. Decks and patios are not permitted between the building setback lines and the property lines. Decks and patios shall be constructed within the building envelope.

(f)

A coordinated sign package must be provided for review prior to final approval. The size, location, design, color, texture, lighting and materials of all temporary and permanent signs shall not detract from the design of proposed buildings and structures and the surrounding properties.

(g)

Entrance gateways, provided such structure(s) are located along entrance roadway(s) to the property, are located outside of any required sight triangles, and are designed to complement the architectural style and the overall project design.

(h)

Home occupations, subject to § 75-111.

Bedroom mix.

(1)

No residential unit shall contain greater than four bedrooms.

(2)

A maximum of 50% of the single-family detached units proposed shall have four bedrooms.

(3)

No single-family attached (townhouse), single-family semidetached or multifamily/apartment units shall have more than three bedrooms, and a minimum of 50% shall have two bedrooms.

Area and bulk requirements.

(1)

Tract area. The minimum required tract area for a planned development is 100 acres.

(2)

Community commercial. A minimum of 15 acres and a maximum of 30 acres of community commercial development is required.

(3)

Residential density. A maximum of six units/acre shall be permitted, developed in accordance with the below unit type distribution. For purposes of calculating residential density, all single-family detached dwellings, single-family semidetached dwellings, single-family attached dwellings, multifamily dwellings, apartment flats, independent-living beds and assisted-living beds shall be included. Residential density shall be calculated for the area devoted to residential use, exclusive of the area devoted to community commercial use. A minimum of 400 residential units is required as part of any planned development in the RG-MU District.

(4)

Unit type distribution.

Unit Type	Minimum Percentage of Units Proposed	Maximum Percentage of Units Proposed
Institutional	25%	NA
Single-family detached	NA	50%
Single-family attached (townhomes)	20%	50%
Single-family semidetached	NA	30%
Multifamily/ apartment flats	NA	25%

(5)

Bulk requirements.

(a)

Single-family detached dwellings.

[1]

Minimum lot area: 5,500 square feet.

[2]

Minimum lot frontage or width: 55 feet.

[3]

Minimum lot depth: 100 feet.

[4]

Minimum front yard setback: 20 feet.

[5]

Minimum secondary front yard setback (corner lots): 15 feet.

[6]

Minimum side yard setback: five feet for one side, 15 feet total. There shall be a minimum of 15 feet between dwellings.

[7]

Minimum rear yard setback: 20 feet.

[8]

Maximum lot coverage: 50%.

[9]

Maximum building height: 2 1/2 stories or 35 feet.

(b)

Single-family attached dwellings.

[1]

Minimum lot area: 1,800 square feet.

[2]

Minimum lot frontage or width: 18 feet.

[3]

Minimum lot depth: 100 feet.

[4]

Minimum front yard setback: 20 feet.

[5]

Minimum secondary front yard setback (corner lots): 15 feet.

[6]

Minimum side yard setback (end units): 25 feet; may be reduced to 15 feet with enhanced architectural treatment of end wall, including special fenestration or side entry units and upgraded facade materials. All facades of townhouses shall be articulated with fenestration. There shall be no blank walls.

[7]

Minimum rear yard setback: 20 feet.

[8]

Minimum distance from building front or rear wall to building front or rear wall: 70 feet.

[9]

Minimum distance from building rear wall to building rear wall: 40 feet.

[10]

Minimum distance from any building wall to public right-of-way, street or paved parking area: 12 feet.

[11]

Minimum distance from any building wall to perimeter lot line: 50 feet.

[12]

Maximum lot coverage: 75%.

[13]

Maximum building height: 35 feet.

[14]

There shall be no more than eight units in any one building.

(c)

Single-family semidetached dwellings:

[1]

Minimum lot area: 10,000 square feet per building, 5,000 square feet per unit.

[2]

Minimum lot frontage or width: 100 feet per building, 50 feet per unit.

[3]

Minimum lot depth: 100 feet.

[4]

Minimum front yard setback: 20 feet.

[5]

Minimum secondary front yard setback (corner lots): 15 feet.

[6]

Minimum side yard setback: 10 feet for one side, 20 feet total.

[7]

Minimum rear yard setback: 20 feet.

[8]

Maximum lot coverage: 55%.

[9]

Maximum building height: 2 1/2 stories or 35 feet,

(d)

Multifamily units/apartment flats.

[1]

Minimum lot frontage or width: 200 feet.

[2]

Minimum lot depth: 200 feet.

[3]

Minimum front yard setback: 50 feet.

[4]

Minimum setback to principal or collector roads: 500 feet.

[5]

Minimum side yard setback: 50 feet.

[6]

Minimum rear yard setback: 50 feet.

[7]

Minimum distance from building end wall to building end wall: 40 feet.

[8]

Minimum distance from building front or rear wall to building front or rear wall: 70 feet.

[9]

Minimum distance from building rear wall to building rear wall: 50 feet.

[10]

Minimum distance from any building wall to any paved parking area: 20 feet.

[11]

Maximum lot coverage: 50%.

[12]

Maximum building height: 3 1/2 stories or 45 feet.

(e)

Community commercial.

[1]

Minimum tract area: 15 acres.

[2]

Minimum tract frontage or width: 200 feet.

[3]

Minimum front yard setback: 30 feet.

[4]

Minimum side yard setback: 10 feet.

[5]

Minimum rear yard setback: 50 feet.

[6]

Maximum tract coverage: 75%.

[7]

Minimum buffers: side yard, five feet with landscaping: front yard, 10 feet with landscaping; and rear yard, 25 feet with landscaping.

[8]

Minimum buffers adjacent to residential zones: 50 feet.

[9]

Maximum building height: three stories or 40 feet.

(f)

Institutional.

[1]

Minimum tract area: five acres.

[2]

Minimum tract frontage or width: 150 feet.

[3]

Minimum front yard setback: 30 feet.

[4]

Minimum side yard setback: 30 feet.

[5]

Minimum rear yard setback: 50 feet.

[6]

Maximum tract coverage: 60%.

[7]

Minimum buffers: side yard, five feet with landscaping: front yard, 10 feet with landscaping; and rear yard, 25 feet with landscaping.

[8]

Maximum building height: three stories or 40 feet.

Buffers. A landscaped buffer, 50 feet wide, shall be provided along the entire perimeter of the development. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees, deciduous trees, flowering trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing a year-round visual screen to the development from adjacent rights-of-way and land uses. Fences, walls or structures shall not be permitted in the required buffer area.

Open space and recreation.

(1)

A minimum of 25% of the area devoted to residential development shall be set aside as common open space, and shall conform to the requirements of § 175-125 and as further detailed below.

(2)

All lands set aside for open space shall be developed with active and passive recreational facilities to service the needs of the residents of the development. Such facilities may include, but are not limited to, a clubhouse, swimming pool, tennis courts, shuffleboard courts, bicycling trails, hiking trails, sports and play areas, putting greens and/or picnic areas. One contiguous four-acre area shall be dedicated to open space in a central location. The common open space must be connected to the different sections of the development by a green belt/bikeway/pedestrian pathway.

(3)

All open space shall be transferred to and maintained by a homeowners' and/or condominium association.

Affordable housing requirements.

(1)

Low and moderate unit set-aside.

(a)

Residential development shall provide a twenty-percent set-aside based on the total number of all units to be developed.

(b)

Commercial development shall provide for payment of a development fee of 2.5% of the equalized assessed value of the nonresidential construction into a housing trust fund established by Monroe Township Council, in accordance with the Statewide Non-residential Development Fee Act, Sections 32 through 37 of P.L. 2008, c. 46.[1]

[1]

Editor's Note: See N.J.S.A. 40:55D-8.1 et seq.

(2)

General. All developments with affordable on-site housing units shall adhere to the requirements set forth by the New Jersey Council on Affordable Housing (COAH) in their substantive rules, N.J.S.A. c. 5:96-1.1 et seq., and the Uniform Housing Affordability Controls (UHAC) N.J.S.A. 5:80 - 26.1 et seq., or other affordable housing requirement at the time of approval. The requirements in these regulations shall supersede any local requirements, including amendments made to the codes previously described to update and modernize them.

(3)

Design and siting of affordable housing. All low and moderate housing units shall be blended into the development. These units shall not be segregated on the site; they must have a similar footprint to all other non-affordable units; and they must have the same heating systems that the market-rate units are provided Alternatively, if approved, the affordable housing obligation may be satisfied solely within the assisted-living, or higher level of care, units.

(4)

Affordability. At least 50% of the units in a development shall be affordable to low-income households as defined by COAH and in the UHAC regulations. At least 13% of the units in a development shall be affordable to very-low-income households as defined by COAH and in the UHAC regulations. The affordability range shall apply to all required bedroom distributions. At least 50% of each bedroom distribution shall be affordable to low-income households as defined by COAH. At least 13% of each bedroom distribution shall be affordable to very-low-income households as defined by COAH, and the remainder shall be affordable to moderate-income households as defined by COAH.

(5)

Occupancy and Affordability. In determining the initial rents and sales prices for compliance with the COAH requirements, the following standards shall be used:

(a)

A studio unit shall be affordable to a one-person household;

(b)

A one-bedroom unit shall be affordable to a one-and-one-half-person household;

(c)

A two-bedroom unit shall be affordable to a three-person household;

(d)

A three-bedroom unit shall be affordable to a four-and-one-half-person household; and

(e)

A four-bedroom unit shall be affordable to a six-person household.

(6)

Duration of affordability controls. Each restricted unit shall remain, subject to the COAH requirements and the requirements set forth in the UHAC regulations for a period of no less than 30 years. This period may either be extended or shortened as outlined in the regulations previously cited.

(7)

Affirmative marketing. All developments are required to be affirmatively marketed throughout the housing region assigned by COAH. These affirmative marketing procedures are outlined in the Affirmative Marketing Plan adopted by the Township and approved by COAH. Four months in advance of the first units being available for sale or rent, the developer must contact the administrative agent appointed by the Township to implement this plan.

(8)

Administrative agent. The administrative agent is rest for the implementation of COAH's requirements and the Uniform Housing Affordability Controls.[2] The administrative agent shall be the contact for any issues regarding the implementation of the Housing Element and Fair Share Plan.

[2]

Editor's Note: See N.J.A.C. 5:80-26.

Pinelands development credit requirements.

(1)

Pinelands development credits (PDCs) shall be used for 25% of all units in the RG-MU District, excluding those which are made affordable for low- and moderate-income housing in accordance with the requirements of the Council on Affordable Housing. One-quarter of a Pinelands development credit (i.e., one right) shall be purchased and redeemed for every four non-income-restricted residential units constructed. For purposes of calculating PDC obligations, a "unit" is considered to be a single-family detached dwelling, a single-family semidetached dwelling, a single family attached dwelling, a multifamily dwelling, an apartment flat, an independent-living bed or an assisted-living bed. For purposes of calculating PDC obligations congregate-care beds, long-term-care beds, and nursing-home beds or similar continuing-care (institutional setting) beds are not considered "units."

(2)

A minimum of 400 units is required as part of any planned development in the RG-MU District. Should a planned development fail to achieve this minimum requirement, 1/4 of a Pinelands development credit (i.e., one right) shall be purchased and redeemed for every residential unit less than 400 units.

General development plan.

(1)

It shall be mandatory that a general development plan (GDP) application be filed and approved prior to the application for any phase of development.

(2)

The GDP shall contain all information provided in § 175-66.1 and shall set forth the permitted number of dwelling units, the residential density, the unit type distribution, the amount of nonresidential floor space and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The GDP shall also set forth the method for addressing the requirements for, but not limited to, affordable housing, Pinelands development credits, open space and recreation and impact fees. The planned development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provisions of N.J.S.A. 40:55D-1 et seq. or any ordinance or regulation adopted pursuant thereto after the effective date of the approval, including the phasing of development.

Additional standards.

(1)

General.

(a)

Minimum lot area and setback requirements shall not include easements or any required buffers or open space.

(b)

The layout and design of the development shall create a recognizable community that encourages pedestrian traffic and circulation. Walking paths and bike paths shall be integrated into the plan and, where practical, connect to the Township system.

(c)

All structures shall be constructed with a compatible architectural theme, with appropriate variations in design to provide attractiveness throughout the development. The architectural theme shall include buildings, signage, fencing, lighting, paving, curbing, landscaping and other similar and related physical features.

(d)

All principal structures shall connect to an approved and functioning centralized water and sanitary sewerage treatment system.

(e)

No storage of boats, trailers or campers shall be permitted within the development, except on single-family, privately owned lots.

(f)

The provision of a bus shelter(s) to service the needs of the development shall be addressed at site plan review.

(g)

All property, parking areas, entrances, landscaping, and other common areas within the development shall be privately owned and maintained in accordance with a plan for such maintenance approved by the Planning Board and implemented by legal documentation to be reviewed and approved by the Planning Board Attorney.

(h)

The minimum environmental standards contained in Chapter 175, and in N.J.A.C. 7:50-6 of the Pinelands Comprehensive Management Plan shall continue to apply to all development within the RG-MU Zoning District.

(i)

Lighting and landscaping shall be in accordance with § 175-116, § 175-143.

(2)

Residential.

(a)

A homeowner's and/or condominium association shall be created, subject to the approval of the Planning Board and in accordance with § 175-113, to ensure maintenance of all common areas and facilities.

(b)

Front-to-rear sidewalks/service ways on single-family detached, single-family semidetached, and single-family attached units shall not be permitted.

(3)

Institutional.

(a)

The development shall contain at least one of the following: congregate-care facility, long-term-care facility or nursing home. An assisted-living facility, independent-living facility or continuing-care retirement community may also be proposed to satisfy this requirement.

(b)

The distance, at the closest point, between any two buildings shall not be less than 20 feet. In the case of two or more buildings being connected through the use of a breezeway or similar feature, the minimum distance between buildings may be reduced but shall not be less than 10 feet.

(c)

The minimum distance between the edge of a parking lot or driveway and any building shall be 15 feet.

(d)

Exterior freestanding lighting fixtures shall not exceed the height of proposed structures and in no case shall be greater than 18 feet in height. The source of illumination shall be recessed and shielded within the fixture itself and shall be consistent in character with the design of the planned community commercial area.

(e)

An internal pathway system shall be created to provide access to all buildings, open space areas and parking areas to be located in the community commercial area.

(4)

Community commercial.

(a)

The community commercial portion of the development shall be a minimum of 15 acres. A pedestrian and bicycle connection shall be made between the commercial and residential sections of the site.

(b)

The community commercial area shall be designed as a single complex according to a comprehensive master site development plan. In addition, internal site landscaping, building design and common area maintenance guidelines shall be established.

(c)

(d)

Off-street parking areas shall be interspersed in convenient locations intended to accommodate a small grouping of structures. The minimum distance between the edge of a parking lot or driveway and any building shall be 15 feet.

(e)

All buildings shall be designed to convey a small-scale neighborhood theme and character. Buildings included in the community, commercial area should contain the following design elements:

[1]

Provide shed or pitched roofs, dormers on the second floor and other similar design features such as overhanging eaves. Roof colors shall be traditional and compatible with retail and residential uses in the area.

[2]

Provide consistency in the architectural treatment of building facades and diversity in the horizontal length of buildings through introduction of offsets at irregular intervals along the facade of a building.

[3]

Provide a variety of building heights not to exceed 40 feet.

(f)

(g)

An internal pathway system shall be created to provide access to all buildings, open space areas and parking areas to be located in the community commercial area.

(5)

Phasing of development. Phasing shall be addressed within the GDP application. It is the intent of this Code to require both residential and nonresidential development such that the mixed-use objective is obtained commensurate with the build-out of the development.

§ 175-161.4 (Reserved) [1]

[1]

Editor’s Note: Former § 175-161.4, RG-TC Zone District, added 11-23-2004 by Ord. No. O-45-2004, was repealed 10-26-2015 by Ord. No. O:35-2015.

§ 175-161.5 RG-PR Zone District.

[Added 11-23-2004 by Ord. No. O-44-2004]

The following regulations shall apply in the RG-PR Zone District:

Conditional uses: professional office, general office, medical office, legal office, real estate office and insurance office, subject to the following conditions:

(1)

Uses shall front on Main Street with principal access to the street.

(2)

(3)

The use will not detract from the character of the neighborhood.

(4)

Noise and lighting will be minimized, mitigated and/or shielded so as not to adversely affect adjacent residential uses.

(5)

All of the area, yard, building coverage, height, parking, sign and general requirements of the Commercial (C) District and other appropriate requirements of this chapter shall be met.

(6)

A minimum twenty-five-foot wide landscape buffer shall be provided adjacent to residential zones or existing residential uses with the intent to provide a continuous solid landscape screen.

§ 175-161.6 RG-C Regional Growth Commercial District.

[Added 11-23-2004 by Ord. No. O-40-2004]

Use.

(1)

Principal permitted uses.

(a)

Community commercial uses.

(b)

Neighborhood commercial uses.

(c)

Planned commercial, subject to the requirements of § 175-161C(5).

(d)

Planned large-scale anchor store development, subject to the requirements of § 175-161C(9).

[Added 8-22-2006 by Ord. No. O-34-2006[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection A(1)(d) through (h) as A(1)(e) through (i), respectively.

(e)

Business and professional offices.

(f)

Institutional, subject to § 175-162D(1).

(g)

Recreational.

(h)

Agricultural, subject to the requirements of § 175-90.

(i)

Public service infrastructure.

(2)

Conditional uses.

(a)

Vehicle storage yards, subject to § 175-163E.

(b)

Used motor vehicle sales facilities, subject to § 175-163.2.

(c)

Assisted-living facilities, subject to the following requirements:

[1]

The property to be developed shall be located west of Malaga-New Brooklyn Road.

[2]

The property shall have a minimum of 300 feet of frontage along the Black Horse Pike.

[3]

The development shall conform to the requirements of § 175-161H.

(d)

Light industrial, manufacturing, and wholesale distribution and warehouse facilities, subject to the following requirements:

[1]

The property to be developed shall be located east of Malaga-New Brooklyn Road.

[2]

No noxious, offensive or hazardous use shall be permitted unless adequate provision is made to reduce and minimize such objectionable elements. The use shall be required to meet or exceed all governmental standards governing said elements.

[3]

Should the proposed use raise questions of public health, safety or welfare, the Board may bring in consultants and other independent experts, as the Board deems necessary, for their evaluation and opinion. The cost of any independent consultant or expert shall be borne by the applicant from the escrow fees posted.

[4]

No building may be erected, altered or used and no premises may be used in or within 100 feet of a residential district or use.

[5]

No occupancy permit shall be granted to a proposed new use without first conforming to the requirements for site plan approval.

[6]

Site design shall require maximum attention to proper site design considerations, including the location of structures and parking areas, proper ingress and egress, development of an interior street system, architectural design, landscaping and the compatibility of any proposal with the natural foliage, soils, contours, drainage patterns and the need to avoid visual intrusions and performance nuisances upon adjacent uses.

[7]

At least the first 30 feet adjacent to any street line and 20 feet adjacent to any lot line shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery and shall be separated from the parking area by suitable curbing as determined by the Township's Land Management Ordinance and the Planning Board during site plan review.

[8]

No merchandise, products, waste equipment or similar material or objects shall be displayed or stored outside except for outdoor storage of mobile equipment.

[9]

All portions of the property not utilized by buildings or paved surfaces shall be appropriately landscaped.

[10]

A minimum buffer area of 50 feet in width shall be provided along any common property line with a residential district or use in accordance with § 175-93 of the Township's Land Management Ordinance.

[11]

Parking shall be as required by § 175-123 of the Township's Land Management Ordinance.

[12]

Each activity shall provide for off-street loading and unloading with adequate ingress to and egress from streets and shall provide such areas at the side or rear of the building. Each space shall be at least 15 feet by 40 feet, and one space shall be provided for every 8,000 square feet of gross floor area or fraction thereof in each building. There shall be no loading or unloading from the street.

[13]

[14]

All such developments shall comply with the Schedule of Limitations with respect to minimum requirements for area, setback and coverage.[2]

[2]

Editor's Note: The Schedule of Limitations is included at the end of this chapter.

Area and bulk requirements. See the Schedule of Limitations included at the end of this chapter.

Additional standards for permitted uses.

(1)

No occupancy permit shall be granted to a proposed new use without first conforming to the requirements for site plan approval.

(2)

All building walls facing any street shall be suitably finished for aesthetic purposes.

(3)

All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as fencing, shrubbery, lawn area, ground cover, rock formations, berms, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planted for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.

(4)

The side yard requirements may, in the discretion of the Planning Board, be reduced in size and replaced by either providing internal driveways from the proposed use to the adjacent commercial use, so as to provide access without returning to the public highway, or providing buffers between uses.

(5)

Each activity shall provide for off-street loading and unloading with adequate ingress to and egress from streets, in accordance with the requirements of § 175-123. Such areas shall be provided at the side or rear of the building. There shall be no loading or unloading from any street.

(6)

Residential uses in the RG-C Zoning District, for which a valid certificate of occupancy has been issued, shall be considered a conforming use and subject to the Schedule of Limitations[3] for similar uses in the RG-PR Zoning District.

[Added 5-24-2021 by Ord. No. O:09-2021]

[3]

Editor's Note: The Schedule of Limitations is included at the end of this chapter.

§ 175-162 Residential Districts (non-Pinelands area).

[Amended 5-21-1990 by Ord. No. O-11-90; 7-21-1992 by Ord. No. O-27-92; 8-12-1997 by Ord. No. O-40-97; 10-23-2001 by Ord. No. O-31-2001; 9-23-2003 by Ord. No. O-44-2003; 4-24-2007 by Ord. No. O-16-2007]

Purpose and base requirements. Each of the three non-Pinelands residential districts was created to recognize a different need. The R-1 District recognizes the importance of existing residential and commercial centers to the Township’s landscape and image. The R-2 District creates the opportunity for flexible residential design options in undeveloped places adjacent to areas from which utilities can be extended. This zone will utilize gross density as a basis for development with unit type being an option. The R-3 District recognizes and preserves the rural character of certain portions of the Township while promoting context-sensitive design.

(1)

For all types of development in the R-1 Zone, gross density shall not exceed 2.5 units per acre.

(2)

For cluster development following the requirements of Subsection D(6) in the Suburban Residential Option Zoning District (R-2) below, the maximum gross density shall be 1.25 units per acre.

(3)

For all other types of development in the R-2 Zone, except for Subsection A(2) above, gross density shall not exceed 1.0 unit per acre.

(4)

For all types of development in the R-3 Zone, the maximum permitted units per lot is one.

Permitted uses.[1]

[1]

Editor's Note: A listing of the permitted uses for other residential zoning districts is included at the end of this chapter.

Additional standards for permitted uses.

(1)

All non-Pinelands residential zones:

(a)

See § 175-90.

(b)

Residential swimming pools shall conform to the requirements of § 175-145.

(c)

Utility sheds and/or accessory buildings shall conform to the requirements of § 175-89.

(d)

Fences and walls not to exceed six feet in height shall be permitted in the rear and side yard areas only. Fences and walls not to exceed four feet shall also be permitted in the front yard.

(2)

R-1 Residential District 1:

(a)

Density: The maximum permitted gross density shall be 2.5 units per acre.

(b)

A landscaped buffer, 25 feet wide, shall be provided as necessary to provide adequate screening for major subdivisions, wherever the proposed residential development abuts an existing or approved planned unit developed, multifamily development or nonresidential use. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing a year round visual screening.

(c)

A minimum of 10% of the total tract area shall be set aside as common open space, and shall conform to the requirements of § 175-125. Community Commercial development shall provide common open space in the form of public square, plaza or passage and shall provide such amenities as upgraded pavement materials, seating areas, bike racks, landscaping and/or fountains.

(d)

All development shall connect to an approved and functioning central water and sanitary sewage treatment system.

(e)

Private residential swimming pools shall conform to the requirements of § 175-145.

(f)

Utility sheds and/or other accessory buildings shall conform to the requirements of § 175-89.

(g)

Fences and walls not exceeding six feet in height shall be permitted in the rear and side yard areas only. Fences and walls not to exceed four feet shall also be permitted in the front yard.

(3)

R-2 Suburban Residential Option District:

(a)

A landscaped twenty-five-foot buffer shall be provided as necessary to provide adequate screening for major subdivisions wherever the subdivision abuts an existing nonresidential use or an existing arterial or collector street. The buffer, designed in accordance with § 175-93, shall contain existing woodlands, dense plantings of evergreen trees and shrubs or landscaped earth berms. Exotic/Invasive plant materials are prohibited.

(4)

R-3 Residential District 3:

(a)

Requirements for single-family detached units:

[1]

Lots existing as of the date of this section that are developed with a permitted use and are less than three acres in area shall be grandfathered and shall be subject to R-2 Residential standards for all additions or modifications to existing or proposed structures. The grandfather status of these lots shall be vacated upon application for subdivision.

[2]

Maximum units per lot: one.

(b)

Private residential swimming pools shall conform to the requirements of § 174-145.

(c)

Utility sheds and accessory buildings shall conform to § 175-89.

(d)

Fences and walls not to exceed six feet in height shall be permitted in the rear and side yard areas only. Fences and walls not to exceed four feet shall also be permitted in the front yard.

Additional standards for conditional permitted uses.

(1)

Institutional uses and fraternal or social lodges or clubs, where permitted, shall meet the following standards:

(a)

In addition to all other standards of this chapter, the Board may defer to other governmental agencies where they may provide standards for the proposed use.

(b)

(2)

Airports, where permitted, shall meet the following standards:

(a)

The more restrictive standards of other governmental agencies having jurisdiction over airport facilities shall be applied unless said standards provide for a local waiver.

(b)

Commercial facilities constructed on airport property shall comply with the standards for a commercial use in the Community Commercial Zone District, except that if the airport and the commercial facilities are being developed in a planned development manner, they shall comply with the standards for a planned commercial/industrial development.

(c)

The standards of Article XIII of this chapter shall govern the various phases of this use.

(3)

Mobile home parks, where permitted shall comply with § 175-161C(6) of this chapter.

[Added 8-12-1997 by Ord. No. O-40-97]

(4)

Professional and general offices, medical and legal offices, real estate and insurance offices may be approved by the Planning Board as a conditional use, subject to the following standards:

[Added 10-23-2001 by Ord. No. O-31-2001]

(a)

Uses shall front only on Main Street, with principal access to that street.

(b)

The design of any building must conform to the residential character of the area.

(c)

The use will not detract from the character of the neighborhood.

(d)

The property is suitable for the intended use.

(e)

The use will service the best interests of the Township.

(f)

There will not be any noise and lighting situations adversely affecting adjacent residential properties.

(g)

All of the area, yard, building coverage, buffer, height, parking, sign and general requirements of the CC District and other applicable requirements of this chapter shall be met.

(5)

R-1 Community Commercial. Community commercial uses, as defined in § 175-11, may be permitted by the Planning Board as a conditional use in the R-1 Zone subject to the following:

(a)

Uses shall front on Main Street with principal access to that street.

(b)

The design of any building must conform to the residential character of the area.

(c)

The use will not detract from the character of the neighborhood.

(d)

The property is suitable for the intended use.

(e)

The use will service the best interests of the Township.

(f)

There will not be any noise and lighting situations adversely affecting adjacent residential properties.

(g)

All of the area, yard, building coverage, buffer, height, parking, sign and general requirements of the Commercial (C) District and other applicable requirements of the Land Management Ordinance shall be met.

(6)

R-2 Cluster Option. Single-family detached, clustered residential units may be approved as a conditional use, subject to the following standards:

(a)

The minimum tract size is 20 acres.

(b)

A minimum of 35% of the total tract area must be set aside and dedicated as public open space in accordance with § 175-125.

(c)

A minimum of five contiguous upland acres suitable for active recreation must be dedicated in a location and configuration so as to be a focal point of the community. It should not be tucked behind houses. The space should be regularly shaped in an orthogonal configuration and have minimum dimensions of 400 feet of width and length. The five-acre open space is credited toward the minimum open space requirement of 35%.

(d)

Coving and other conservation design techniques as outlined in the Master Plan are permitted at the discretion of the Planning Board or Zoning Board of Adjustment.

(e)

Subject to additional standards for permitted uses and buffers as outlined in this chapter.

(f)

All development shall connect to an approved and functioning central water and sanitary sewage treatment system.

(7)

R-3 Commercial Overlay. In the R-3 Zone, community commercial uses, as defined in § 175-11, may be permitted as a conditional use on parcels within the Commercial Overlay, as shown on the official Zoning Map referenced in § 175-155, subject to the following conditions:

(a)

Area and bulk standards shall conform to the Commercial (C) District standards.

(b)

Uses are limited to community commercial uses, neighborhood commercial uses and general office use.

(c)

Parking inventory must conform to Township requirements. A maximum of one row of parking is permitted in the front yard between the street right-of-way and the front facade of the building. All other parking must be located in the side and rear yard areas.

(d)

A minimum twenty-five-foot landscaped buffer shall be provided adjacent to all preexisting residential uses. Landscaping shall be designed to provide a continuous dense visual screen between the commercial use and adjacent residential properties.

(e)

Lighting shall be designed so that it will not spill onto adjacent properties.

(f)

HVAC equipment shall either be internal to the architecture or shall be limited to rear yards and shall be adequately screened from adjacent properties.

(g)

All structures shall be architecturally compatible in scale to adjacent residential structures. Facade materials shall be limited to brick, clapboard or individually applied synthetic clapboard planks. All four sides of structures shall be architecturally designed.

Additional standards for accessory permitted uses.

(1)

An agricultural commercial establishment operating as an accessory use rather than as a principal permitted use shall meet the following additional requirements. It shall:

[Amended 5-21-1990 by Ord. No. O-11-90]

(a)

Be an accessory use to a farm, the farm being the principal use of the site;

(b)

Sell only farm or nursery products grown on the premises;

(c)

Be of a seasonal nature;

(d)

Be subject to the regulations applicable to the principal use of the property as limited or amended herein; and

(e)

Be subject to the following additional standards:

[1]

Adequate off-street parking spaces shall be provided.

[2]

If sales are to be conducted in the evening, said stand and all access and exit points shall be properly illuminated in accordance with the standards of this chapter.

[3]

The stand shall either be removed or kept in good condition during the seasons when sales are not being made.

(2)

The standards of § 175-89, Accessory buildings, shall also be applied here.

(3)

Yard requirements for accessory uses to residential uses may be reduced by up to 50% of the requirements for principal uses within the specific district.

(Reserved)[2]

[2]

Editor's Note: For the provisions of former Subsection F, regarding conditions for planned industrial developments, see § 175-163F.

Schedule of Limitations.[3]

[3]

Editor's Note: The Schedule of Limitations for R-2 Zoning districts is included at the end of this chapter.

§ 175-162.1 RA Residential Age-Restricted District.

[Added 11-23-2004 by Ord. No. O-48-2004]

Intent. The intent of the Residential Age-Restricted (RA) District is to promote residential development on appropriately located tracts of land in the non-Pinelands Areas of the Township, especially designed to meet the special housing needs of older persons, with special emphasis on their particular physical and social needs. The parcels of land assembled for these developments shall be of sufficient size to permit the unified development of tracts of land with primary access to the principal or collector roads of the Township. The RA District shall permit the construction of new non-age-restricted housing, or the expansion of non-age-restricted housing in accordance with the provisions of this section.

[Amended 4-24-2007 by Ord. No. O-17-2007]

A single-family detached dwelling located in the RA District, which has received a certificate of occupancy or temporary certificate of occupancy prior to April 10, 2007, may be enlarged without an appeal to the approving authority, even though the dwelling may be on a nonconforming lot, provided that:

[Added 4-24-2007 by Ord. No. O-17-2007]

(1)

The proposed enlargement conforms with the use, area, yard, building height and lot coverage requirements of the R-2 Zoning District; and

(2)

The proposed enlargement does not increase the nonconformity of any dimensional setback violations existing prior to April 10, 2007.

[Added 4-24-2007 by Ord. No. O-17-2007]

Accessory buildings or structures may be added to single-family detached dwellings on nonconforming lots located in the RA Zoning District, without an appeal to the approving authority, provided that:

(1)

The dwelling received a certificate of occupancy or temporary certificate of occupancy prior to April 10, 2007; and

(2)

The accessory building or structure, by itself, conforms with all requirements of the R-2 Zoning District for single-family detached dwellings.

A lot located in the RA Zoning District may be developed with a single-family dwelling without an appeal to the approving authority, provided the lot does not require subdivision and cannot be reasonably combined with another vacant lot from a tract having at least eight acres, the lot is vacant with an area measuring at least 30,000 square feet, and the setbacks and other requirements of the R-2 Zoning District can be satisfied or the lot had received final subdivision approval from the Planning Board prior to April 10, 2007.

[Added 4-24-2007 by Ord. No. O-17-2007]

Age and occupancy requirements. The following age and occupancy requirements shall apply to all dwelling units in a regional growth residential age-restricted development:

(1)

(2)

A maximum of one child, 18 years of age or older, may reside as a permanent resident with his or her parent(s) or legal guardian(s).

(3)

No more than three permanent residents shall occupy any one unit.

Use.

(1)

Principal permitted uses.

(a)

Single-family detached dwellings.

(b)

Two-family (duplex or twin) dwellings.

(c)

Single-family attached (townhouses) dwellings, subject to the requirements of § 175-146.

(d)

Agricultural, subject to the requirements of § 175-90.

(e)

Public service infrastructure.

(f)

Condominium flats.

(2)

Conditional uses.

(a)

Mobile home parks, subject to the requirements of the Township's Mobile Home Park Ordinance (Chapter 289) and § 175-161C(6).

(b)

Institutional uses, subject to § 175-162D(1).

(3)

Permitted accessory uses.

(a)

(b)

Off-street parking and private garages.

(c)

Home occupations, subject to § 175-111.

Area and bulk requirements.

(1)

Tract area: the minimum required tract area for residential age-restricted developments is 20 acres.

(2)

Density: the maximum permitted gross density shall be 3.75 units per acre.

(3)

Bulk requirements.

(a)

Single-family detached dwellings:

[1]

Minimum lot area: 5,500 square feet.

[2]

Minimum lot frontage/width: 50 feet.

[3]

Minimum lot depth: 110 feet.

[4]

Minimum front yard: 20 feet. Maximum front yard setback for any portion of the front facade: 35 feet. A minimum of 20% of the front facade shall be located on the minimum front setback line. Corner lots shall provide the minimum front yard requirement for both intersecting streets.

[5]

Minimum side yard: five feet for one side, 15 feet total. There shall be a minimum of 10 feet between dwellings.

[6]

Minimum rear yard: 20 feet.

[7]

Maximum lot coverage: 60%.

[8]

Maximum building height 35 feet.

(b)

Two-family (duplex or twin) dwellings:

[1]

Minimum lot area: 12,000 square feet per building, 6,000 square feet per unit.

[2]

Minimum lot frontage/width: 100 feet per building, 50 feet per unit.

[3]

Minimum lot depth: 110 feet.

[4]

Minimum front yard: 20 feet. Maximum front yard set back for any portion of the front facade: 35 feet. A minimum of 20% of the front facade shall be located on the minimum front yard setback line. Corner lots shall provide the minimum front yard requirement for both intersecting streets.

[5]

Minimum side yard: five feet for one side. There shall be a minimum of 15 feet between dwellings.

[6]

Minimum rear yard: 20 feet.

[7]

Maximum lot coverage: 60%.

[8]

Maximum building height: 35 feet.

(c)

Single-family attached dwellings (townhouses):

[1]

Minimum lot area: 2,000 square feet.

[2]

Maximum lot area: 3,000 square feet.

[3]

Minimum lot depth: 100 feet.

[4]

Minimum lot width: 20 feet.

[5]

Maximum lot width: 30 feet.

[6]

Maximum front yard: 15 feet.

[7]

Minimum side yard (end units): 25 feet; may be reduced to 15 feet with special architectural articulation of the end walls, including special fenestration or side entry units and upgraded facade materials. All facades of townhouse units shall be articulated with fenestration. There shall be no blank walls.

[8]

Minimum distance from building front or rear wall to building front or rear wall: 70 feet.

[9]

Minimum distance from building rear wall to building rear wall: 50 feet.

[10]

Minimum distance from any building wall to public right-of-way, street or paved parking area: 12 feet.

[11]

Minimum distance from any building wall to perimeter lot line: 50 feet.

[12]

It is encouraged that a variety of unit widths and unit sizes be provided. The minimum width for individual units shall be 20 feet, and the maximum width for individual units shall be 30 feet. A minimum of 20% and a maximum of 60% of the units shall be 20 feet to 24 feet wide and a minimum of 20% of the units shall be 26 feet to 30 feet wide.

[13]

Maximum lot coverage: 75%.

[14]

Maximum building height: 35 feet.

[15]

There shall be no more than 10 units in any one building.

Buffers. A landscaped buffer, 50 feet wide, shall be provided along the entire perimeter of a residential age-restricted development. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing a year-round visual screen to the residential age-restricted development from adjacent rights-of-way and land uses. Fences, walls or structures shall not be permitted in the required buffer area.

Open space and recreation.

(1)

A minimum of 35% of the total tract area shall be set aside as common open space and shall conform to the requirements of § 175-125.

(2)

All lands set aside for open space shall be developed with active and passive recreational facilities to service the needs of the residents of the residential age-restricted development. Such facilities may include a swimming pool, tennis courts, shuffleboard courts, bicycling trails, hiking trails, putting greens and/or picnic areas. Residential age-restricted developments containing 200 or more units shall provide a community building as the focal point of recreational activities within the development. Recreation buildings shall be a minimum of 3,000 square feet for the first 200 units and an additional 100 square foot per unit for all projects over 300 units.

Additional standards for residential age-restricted developments.

(1)

The layout and design of residential age-restricted developments shall create a recognizable community center that encourages pedestrian traffic and circulation. Walking paths and bike paths shall be integrated into the plan and, where practical, connect to the Township system.

(2)

All structures shall be constructed with a compatible architectural theme, with appropriate variations in design to provide attractiveness to the development.

(3)

All dwelling units shall connect to an approved and functioning central water and sanitary sewerage treatment system.

(4)

A homeowners' association shall be created, subject to the approval of the Planning Board, to ensure maintenance of all common areas and facilities.

(5)

Private residential swimming pools, utility sheds and/or other accessory buildings are specifically prohibited.

(6)

Fencing shall not be permitted, unless required and/or approved by the Planning Board.

(7)

No storage of boats, trailers or campers shall be permitted on any individual residential lot.

§ 175-162.2 MU Mixed-Use District.

[Added 10-28-2013 by Ord. No. O:15-2013]

Purpose. The purpose of the Mixed-Use (MU) District is to promote an inclusionary market-rate residential and community commercial development on an appropriately located tract of land in the non-Pinelands area of the Township, while contributing to the off-site production of housing for low- and moderate-income persons.

Use.

(1)

Principal permitted uses.

(a)

Single-family attached (townhouse) dwellings.

(b)

Retail business and service establishments, including retail shops, gasoline filling stations, personal service establishments, business and professional offices, banks and fiduciary institutions, eating and drinking establishments, hotels and motels, commercial recreation and public assembly halls, funeral homes, commercial parking lots and the like.

(c)

Public service infrastructure.

(2)

Permitted accessory uses.

(a)

Common recreational, social, educational, health and dining facilities, such as a community buildings, swimming pools, tennis courts, shuffleboard courts, bicycling and hiking trails, sports and play areas, tot-lots, putting greens and/or picnic areas.

(b)

Off-street parking and private garages.

Entrance gateways, provided such structure(s) are located along an entrance roadway(s) to the development, are located outside of any required sight triangle, and are designed to complement the architectural style and the overall project design.

(g)

Home occupations, subject to § 175-111.

Area and bulk requirements.

(1)

Tract area: The tract area is approximately 61.7 acres. A minimum of 15 acres shall be devoted to nonresidential development and produce a minimum of 100,000 square feet of gross floor area, and a minimum of 15 acres shall be reserved as common open space to serve as a buffer between the residential component and the existing Hunter Woods development.

(2)

Density: The gross residential density is approximately 7.9 dwelling units per acre of the residential component of approximately 31.7 acres, for a maximum of 250 residential units. The developer shall use its best efforts to achieve a residential development yield of 250 residential units.

(3)

Bulk requirements.

(a)

Single-family attached dwellings (townhouses):

[1]

Minimum lot area: 2,000 square feet.

[2]

Minimum lot frontage or width: 20 feet.

[3]

Minimum lot depth: 100 feet.

[4]

Minimum front yard setback: 20 feet.

[5]

Minimum side yard (end unit) setback: 15 feet.

[6]

Minimum rear year setback: 20 feet.

[7]

Maximum lot coverage: 75%.

[8]

Maximum building height: three stories or 40 feet.

(b)

Community commercial:

[1]

Minimum tract area: 15 acres.

[2]

Minimum lot area: 20,000 square feet.

[3]

Minimum tract frontage or width: 450 feet.

[4]

Minimum lot frontage or width: 115 feet.

[5]

Minimum front yard setback: 30 feet.

[6]

Minimum side yard setback^1,2: five feet.

[7]

Minimum rear year setback: 35 feet.

[8]

Maximum tract coverage: 75%.

[9]

Maximum lot coverage: 75%.

[10]

Minimum buffers: side yard: five feet with landscaping; front yard: 10 feet with landscaping; and rear yard: 25 feet with landscaping.

[11]

Maximum building height: three stories or 40 feet.

	NOTES:
	¹	Except that corner lots shall have a side yard of 30 feet adjacent to the nonfronting street.
	²	Subject to the requirements of § 175-163D(3)(d).

Affordable housing requirements.

(1)

In-lieu payment.

(a)

The developer of the residential component shall satisfy its affordable housing obligation by virtue of paying a contribution in lieu of constructing affordable units on site in the amount of $1,540,000 or $6,160 per market-rate unit, 1/2 at the time of the issuance of a building permit for each unit and the balance at the issuance of a certificate of occupancy. All in-lieu payments shall be placed in the Township's Affordable Housing Trust Fund.

(b)

In addition, the developer of the nonresidential component may also be required to pay a nonresidential development fee in accordance with the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 et seq.).

(2)

Affordable housing programs.

(a)

The payments shall be utilized for the funding, in whole or in substantial part, of a market-to-affordable program, to be administered by the Township, which market-to-affordable program shall yield the production of a maximum of 56 affordable units. The production of affordable units shall result in an off-site affordable housing set-aside of 22.4% of the total market-rate units actually developed on the property.

(b)

In the event that future circumstances dictate that low-income units are not able to be produced through the market-to-affordable program, the Township is permitted to produce low-income supportive and special needs affordable housing units.

(c)

The affordable housing to be developed through the market-to-affordable program is a component of an inclusionary development that includes the residential development anticipated on the property.

(3)

Affordable housing production schedule. Within three months of the developer making initial in-lieu payments of at least $110,000 to the Township, the Township shall designate an experienced administrative agent which shall be required to provide the Court and Court Master with an operating manual and affirmative marketing plan for the market-to-affordable program. For every $275,000 collected of the total $1,540,000 in-lieu payment required from the developer, the administrative agent shall, within three months of receiving the monies, enter into such contracts which will produce 10 market-to-affordable units or which will permit a group home provider to close on a dwelling for a group home within four months of the signed contract.

(4)

Affordability. At least 50% of the units to be produced off site shall be affordable to low-income households as defined by COAH regulations at N.J.A.C. 5:97 et seq., and in the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq. The remainder shall be affordable to moderate-income households as so defined. If rental units are to be produced, 13% shall be affordable to very-low-income households at 30% of the region's median income.

(5)

Duration of affordability controls. Each restricted unit shall remain subject to the COAH regulations and the requirements set forth in the UHAC regulations for a period of no less than 30 years. This period may be extended as outlined in the regulations previously cited.

(6)

Administrative agent. Prior to the time that the market-to-affordable program is implemented, the Township shall contract with an experienced administrative agent which shall provide an operating manual and an affirmative marketing plan. The administrative agent is responsible for the implementation of COAH's regulations and the uniform housing affordability controls, including but not limited to affirmative marketing and the long-term administration of the off-site affordable units. The administrative agent shall be the contact for any issues regarding the implementation of the affordable housing programs.

(7)

Supportive and/or special needs housing. In the event that the Township elects to include supportive and/or special needs housing units in conjunction with the market-to-affordable program, a contract must be entered into with an experienced group home provider, and such group homes to be created must comply with COAH regulations, currently codified at N.J.A.C. 5:97-6.10.

Municipal improvement fee. The developer shall make an annual payment of $25,000, paid into a separate dedicated fund for uses at the discretion of the Township for items such as parks and recreation, library and the like. The payment shall commence at $6,250 per quarter annum at the time of the issuance of the first certificate of occupancy for any unit within the residential component and quarterly thereafter until such time as the issuance of a certificate of occupancy for the first 25,000 square feet within the nonresidential component. In the event the developer commences construction for at least 25,000 square feet of nonresidential development prior to the receipt of any certificate of occupancy for any unit within the residential component, the municipal improvement fee shall not be required.

Buffers. A landscaped buffer, 50 feet wide, shall be provided along the entire perimeter of the residential component of the development, and a landscaped buffer, 25 feet wide, shall be provided between the residential and nonresidential components. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing a year-round visual screen to the development from adjacent rights-of-way and land uses. Fences, walls or structures shall not be permitted in the required buffer area, unless they are proposed for decorative or safety purposes.

Open space and recreation.

(1)

A minimum of 20% of the residential component of the development area shall be set aside as common open space, and shall conform to the requirements of § 175-125.

(2)

(3)

A payment in the amount of $1,040 for each market-rate residential unit, into the Township's recreation trust fund, shall be payable in lump sums for all units in each phase upon the issuance of the first building permit for that phase within the residential component. The developer shall be entitled to a credit of $50,000 against this requirement for the construction of the following recreational facilities which shall be included within the residential component:

(a)

A six-foot-wide pedestrian access and bikeway from the current municipal bike trail to the nonresidential component within the development, which access and bikeway shall provide connectivity between the nonresidential component and the residential component and also run through the open space buffer to be located between the residential component and the existing Hunter Woods development. Such connectivity may be achieved through use of Township bikeways, greenways and rights-of-way; and

(b)

A small open space area within the residential component of the development accessible to the proposed bikeway.

Additional standards for mixed-use developments.

General.

All principal structures shall connect to an approved and functioning centralized water and sanitary sewage treatment system.

(d)

All parking areas except for streets, open space areas, recreational areas and paths, stormwater management measures, landscaping, and other common areas within the development shall be privately owned and maintained in accordance with a plan for such maintenance approved by the Planning Board and implemented by legal documentation to be reviewed and approved by the Planning Board Solicitor.

(2)

Townhouses.

(a)

The development shall contain a mix of building types, provided that no more than four buildings contain seven or more housing units and no building shall exceed 160 feet in length.

(b)

A homeowners' association (HOA) shall be created, subject to the approval of the Planning Board, to ensure maintenance of all common areas and facilities. The internal streets of the development shall be constructed to Township and R.S.I.S. standards and dedicated to Monroe Township. Trash removal shall be the responsibility of the HOA for which it shall be reimbursed by Monroe Township under terms to be worked out. Snow removal of the streets shall be the responsibility of the HOA for which there will be no reimbursement by Monroe Township. In accordance with § 175-140F(8)(c), the HOA must provide a budget for maintenance and funding of the basins to Monroe Township for its review and approval.

(c)

Private residential swimming pools, utility sheds and/or other accessory buildings are specifically prohibited.

(d)

Architectural design. Single-family attached dwelling units and structures shall have an overall theme and architectural design in order to provide an attractive and aesthetically desirable effect, as well as variations in the design and architectural elements. Plans for townhouses shall include consideration of the following:

[1]

Landscaping techniques.

[2]

Building orientation to the site and to other structures.

[3]

Natural features such as wooded areas, topography, drainage and soil features.

[4]

Individual dwelling unit designs that include staggering unit setbacks, providing different exterior materials, varying rooflines and roof designs, altering building heights, type of windows, doors, shutters, porches, colors and the orientation of facade, either singularly or in combination of each dwelling unit.

[5]

No single-family attached dwelling unit development project shall be approved without adequate controls established to ensure the continued integrity of the architectural design theme, the aesthetics and the environmental site planning considerations of the project.

[6]

Unit layout shall be in a clustered, nonlinear pattern. Maximum number of units oriented in the same direction (within 30°) on a road shall be 20.

(e)

Other single-family attached dwelling unit building design and performance standards.

[1]

Single-family attached dwelling unit structures shall be arranged and designed so that a maximum number of dwelling units front directly on the common open space and/or take advantage of the natural terrain, provided that such arrangement does not compromise anticipated residential yield within the residential component.

[2]

Single-family attached dwelling unit structures shall not front on a street external to the project site.

[3]

Building facades shall be offset a minimum of four feet after every two dwelling units within single-family attached dwelling unit structures.

[4]

All utility lines, including telephone and electric transmission service, shall be installed underground.

[5]

Adequate facilities for disposal of refuse shall be provided, and all refuse disposal units or locations for deposit shall be screened from view and designed in such a fashion as to prevent access from rodents and blowing away of refuse.

[6]

Any outdoor storage area shall be completely screened from view from any public right-of-way, yard or any residential use. All organic rubbish or storage shall be contained in an airtight, vermin-proof container. Such area shall be surrounded by fencing and/or vegetation planted of an appropriate height and thickness to accomplish the required screening.

[7]

Each single-family attached dwelling unit shall include adequate space for individual laundry facilities and a minimum of 300 cubic feet of storage space.

[8]

Parking. Off-street parking is to be provided in all instances. The parking areas should be arranged so as to prevent through traffic to other parking areas. Parking areas shall not be created which necessitates entry and exit from each space onto a subcollector, collector or arterial street.

[a]

No more than 60 spaces shall be accommodated in any single parking area.

[b]

No more than 15 spaces may be permitted in a continuous row without an adequate planted break of at least 10 feet, and such break between rows shall be adequately landscaped.

[c]

Landscaping shall be provided around parking areas to offset adverse effects.

[d]

Parking areas, aisles, etc., shall have sufficient maneuvering room to accommodate medium-size trucks, such as moving, delivery and refuse trucks, where applicable.

[e]

No parking shall be allowed along any street which is of subcollector classification or higher.

[f]

Ramps or driveways leading from the street to parking areas should be at least 24 feet wide for two-way traffic and at least 15 feet wide for one-way traffic, except a driveway to an individual unit which may be 12 feet.

[g]

Parking areas should have curbs made of granite block or concrete for durability and to clearly mark the traveled right-of-way and prevent damage to the pavement edge. Asphalt curb and/or railroad ties will not be permitted.

[h]

Visitor parking areas are to be provided and are not to be more than 400 feet from the dwelling unit. No on-street parking is to be permitted.

[i]

At least 5% of the parking area is to be landscaped.

[9]

Lighting.

[a]

Lighting shall be provided to promote security, safety and convenience. Street and path lighting should be selected to have a high illuminating efficiency to conserve energy and of a quality construction to deter vandalism. Lighting shall be so arranged as to protect street and adjoining properties from direct glare or hazardous interference of any kind.

[i]

Streets, sidewalks, paths and parking areas are to be lighted as necessary.

[ii]

Lighting should be located or mounted to prevent light shining upon residential windows or into the eyes of drivers, pedestrians or bicyclists.

[b]

Lighting design and layout are to be reviewed by the Township before construction. A lighting plan must be submitted with the preliminary plans.

[10]

Landscaping.

[a]

Landscaping shall be provided throughout the development, including but not limited to open space areas, drainage facility areas, parking areas, buffer areas, dwelling unit areas, etc.

[i]

A landscape plan should show all existing major tree growths and existing natural features. It should indicate the number, type and size of trees, shrubs and ground cover to be planted, and their location. The plan should indicate what protection devices will be used to protect existing trees.

[ii]

The landscape plan should break up long buildings and screen off parking, service and utility areas.

[iii]

The landscape plan should take into consideration the local soil conditions, lack of or abundance of water, topography and climatological factors.

[iv]

Trees should be placed on the house side of the walk at least three feet from the walk. Trees are not to be placed along a street between the walk and curb.

[v]

A minimum of 5% of the parking area shall be devoted to landscaping.

[vi]

Fences or walls being constructed should complement the structure, type and design of the principal structure.

[b]

Landscaping design and layout are to be reviewed by the Township before construction. A landscaping plan must be submitted with the preliminary plans.

[11]

Utilities, laundry, refuse disposal and storage.

[a]

Prior to the erection of any single-family attached dwelling unit, each plan of development must provide a description of the provisions made for sewerage and waste disposal, water supply and stormwater drainage. A certification as to the adequacy of the proposed sewerage disposal system or the adequacy of the existing municipal water and sewer facilities to serve the proposed use by the Board Engineer and the Monroe Township Municipal Utilities Authority shall be required.

[b]

Within the single-family attached dwelling unit development, provisions shall be made by the developer of the project for the installation of any and all public water, sewage and drainage facilities or such facilities as shall be required. All installations of such improvements will be made at the sole cost of the developer.

[12]

Common open space.

[a]

Owner's responsibility to maintain. It shall be the owner's responsibility to keep and maintain all open space, including recreational areas and such other common areas of use within the owner's control such as grounds, streets, driveways, curbs, sidewalks and lighting in a safe, clean and orderly condition. All common facilities and open space set forth in the development plan shall be maintained and preserved in the manner designated.

[b]

Developer's agreement. Prior to final approval for any plan of development for a high density residential use, the developer, owner or such person, persons, association or group designated to own and/or to maintain the common open space, including recreational area and common facilities within the development, shall be required to execute an agreement with the Township of Monroe guaranteeing the continued compliance with the development plan and the maintenance of such common open space and facilities contained therein. This agreement shall be binding on the heirs, successors and assigns of the executing party, and approved in form and substance by the Township Solicitor.

(3)

Community commercial.

(a)

The community commercial portion of the development shall have a minimum tract size of 15 acres immediately adjacent to Glassboro-Williamstown Road and Fries Mill Road. A pedestrian and bicycle connection shall be made between the commercial and residential components of the development and between the residential component and existing bike path.

(b)

The community commercial area shall be designed according to a comprehensive master site development plan. In addition, internal site landscaping, lighting, building design and common area maintenance guideline control standards shall be established.

(c)

(d)

(e)

All buildings shall be designed to convey a small-scale neighborhood theme and character. Buildings included in the community commercial area shall contain the following design elements:

[1]

[2]

[3]

Provide a variety of building heights, not to exceed 40 feet.

(f)

An internal pathway system shall be created to provide access to all buildings, open space areas and parking areas to be located in the community commercial area.

§ 175-162.3 (Reserved)

§ 175-162.4 (Reserved)

§ 175-162.5 MU-AR Mixed-Use Age-Restricted District.

[Added 4-24-2007 by Ord. No. O-20-2007; amended 7-24-2007 by Ord. No. O-37-2007; 10-28-2008 by Ord. No. O:39-2008; 4-14-2009 by Ord. No. O:05-2009; 10-27-2009 by Ord. No. O:34-2009]

Intent.

(1)

The intent of the Mixed-Use Age-Restricted (MU-AR) District is to promote residential and community commercial development on appropriately located tracts of land in the non-Pinelands areas of the Township, especially designed to meet the special housing needs of older persons, with special emphasis on their particular physical and social needs, and the housing needs of low- and moderate-income persons. The parcels of land assembled for these developments shall be of sufficient size to permit the unified development of tracts of land with primary access to the principal or collector roads of the Township.

(2)

It is the policy of the Township to permit additional opportunities for senior housing that:

(a)

Provide for the present and future community needs for both affordable and market-rate age-restricted housing in appropriate locations.

(b)

Allow innovation in the design of housing by providing flexible design standards, which relate to the type and layout of residential development on a particular site.

(c)

Protect environmentally sensitive lands by requiring that the more fragile areas of the site remain in permanent preserved open space.

Affordable housing requirements.

(1)

General. All developments with affordable on-site housing units shall adhere to the requirements set forth by the New Jersey Council on Affordable Housing (COAH) in its Substantive Rules, N.J.A.C. 5:94 1.1 et seq., and the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq. The requirements in these regulations shall supersede any local requirements, including amendments made to the codes previously described to update and modernize them.

(2)

Design and siting of affordable housing. All low- and moderate-income housing shall be blended into the development. These units shall not be segregated on the site; they must have a similar footprint to all other nonaffordable units; and they must have the same heating systems that the market-rate units are provided.

(3)

Affordability. At least 50% of the units in a development shall be affordable to low-income households as defined by COAH and in the UHAC regulations. The affordability range shall apply to all required bedroom distributions. At least 50% of each bedroom distribution shall be low-income as defined by COAH, and the remainder shall be moderate-income units as defined by COAH.

(4)

Occupancy and affordability. In determining the initial rents and sales prices for compliance with the COAH requirements, the following standards shall be used:

(a)

A studio unit shall be affordable to a one-person household;

(b)

A one-bedroom unit shall be affordable to a one-and-one-half-person household;

(c)

A two-bedroom unit shall be affordable to a three-person household;

(d)

A three-bedroom unit shall be affordable to a four-and-one-half-person household; and

(e)

A four-bedroom unit shall be affordable to a six-person household.

(5)

Duration of affordability controls. Each restricted unit shall remain subject to the COAH requirements and the requirements set forth in the UHAC regulations for a period of no less than 30 years. This period may either be extended or shortened as outlined in the regulations previously cited.

(6)

(7)

Administrative agent. The administrative agent is responsible for the implementation of COAH's requirements and the Uniform Housing Affordability Controls. The administrative agent shall be the contact for any issues regarding the implementation of the Housing Element and Fair Share Plan.

(8)

COAH Requirements. Any developer is responsible to provide, in addition to the total number of market-rate units, an additional unit count equal to 22% of the above as units affordable to low- and moderate-income households. These units can either be provided on-site or at an off-site location of mutual agreement between the Planning Board, governing body of the Township and the developer.

Age and occupancy requirements. The following age and occupancy requirements shall apply to all dwelling units in a mixed-use age-restricted affordable housing development:

(1)

(2)

A maximum of one child, 18 years of age or older, may reside as a permanent resident with his or her parent(s) or legal guardian(s).

(3)

No more than three permanent residents shall occupy any one unit.

Use and density.

(1)

Density. The maximum permitted density is 4.5 dwelling units per acre.

(2)

Principal permitted uses.

(a)

Existing single-family detached dwellings. [NOTE: In accordance with § 175-162 (R-2 Standards)]

(b)

Single-family attached (townhouses) dwelling.

(c)

Retail business and service establishments, including retail shops, personal service establishments business and professional offices, banks and fiduciary institutions, eating and drinking establishments, hotels and motels, commercial recreation and public assembly halls, funeral homes, commercial parking lots and the like.

(d)

Agricultural, subject to the requirements of § 175-90.

(e)

Public service infrastructure.

(f)

Planned development.

(g)

Craft alcoholic beverage establishments.

[Added 10-26-2015 by Ord. No. O:35-2015]

(3)

Permitted accessory uses.

(a)

(b)

Off-street parking and private garages.

(c)

(d)

Decks and patios, which shall be uniform in size and materials and complement the architectural style and design of the dwelling unit and the overall project design, as established during the site plan review and approval process. All decks and patios shall be constructed when the development is constructed.

(e)

(f)

Entrance gateways, provided such structures are located along an entrance roadway(s) to the property, are located outside of any required site triangle, and are designed to complement the architectural style and the overall project design.

(g)

Home occupations, subject to § 175-111.

Area and bulk requirements.

(1)

Tract area: the minimum required tract area is 100 acres.

(2)

Bulk requirements.

(a)

Single-family attached dwellings (townhouses):

[1]

Minimum lot area: 2,000 square feet.

[2]

Minimum lot depth: 100 feet.

[3]

Minimum lot frontage or width: 20 feet.

[4]

Maximum lot frontage or width: 30 feet.

[5]

Minimum front yard setback: 20 feet.

[6]

Minimum side yard (end unit) setback: 25 feet; may be reduced to 15 feet with special architectural articulation of the end walls, including special fenestration or side entry units and upgraded facade materials. All facades of townhouse units shall be articulated with fenestration. There shall be no blank walls.

[7]

Maximum lot coverage: 75%.

[8]

Maximum building height: 2 1/2 stories or 35 feet.

(b)

Community commercial:

[1]

Minimum tract area: four acres.

[2]

Minimum tract frontage or width: 200 feet.

[3]

Minimum front yard setback: 30 feet.

[4]

Minimum side yard setback: five feet.

[5]

Minimum rear yard setback: 35 feet.

[6]

Maximum tract coverage: 75%.

[7]

Minimum buffers: side yard, five feet with landscaping; front yard, 10 feet with landscaping; and rear yard, 25 feet with landscaping.

[8]

Minimum buffers adjacent to residential zones: 25 feet.

[9]

Maximum building height: three stories or 40 feet.

Buffers. A landscaped buffer, 50 feet wide, shall be provided along the entire perimeter of the development. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing a year-round visual screen to the development from adjacent rights-of-way and land uses. Fences, walls or structures shall not be permitted in the required buffer area.

Open space and recreation.

(1)

A minimum of 35% of the total tract area shall be set aside as common open space, and shall conform to the requirements of § 175-125.

(2)

Some of the lands set aside for open space shall be developed with active and passive recreational facilities to service the needs of the residents of the development. Such facilities may include, but are not limited to, a swimming pool, tennis courts, shuffleboard courts, bicycling trails, hiking trails, sports and play areas, putting greens and/or picnic areas. Mixed-use age-restricted affordable developments shall provide a community building as the focal point of recreational activities within the development. A community building shall be a minimum of 3,000 square feet in size.

Additional standards for mixed-use age-restricted affordable housing developments.

General.

All principal structures shall connect to an approved and functioning centralized water and sanitary sewage treatment system.

(d)

No storage of boats, trailers or campers shall be permitted within the development.

(e)

Minimum off-street parking: subject to the requirements of § 175-123.

(f)

The provision of a bus shelter(s) to service the needs of the development shall be addressed at site plan review.

(g)

All property, roadways, parking areas, entrances, landscaping, and other common areas within the development shall be privately owned and maintained in accordance with a plan for such maintenance approved by the Planning Board and implemented by legal documentation to be reviewed and approved by the Planning Board Attorney.

(2)

Townhouses.

(a)

The development shall contain a mix of four-, five-, and six-unit buildings. There shall be no more than six units in any one building.

(b)

Vehicular access to the residential portion of the development shall be restricted to Pitman-Downer Road.

(c)

A homeowners' association shall be created, subject to the approval of the Planning Board, to ensure maintenance of all common areas and facilities.

(d)

Private residential swimming pools, utility sheds and/or other accessory buildings are specifically prohibited.

(3)

Community commercial.

(a)

The community commercial portion of the development shall have a minimum tract size of four acres. A pedestrian and bicycle connection shall be made between the commercial and residential sections of the site.

(b)

The community commercial portion of the site shall have frontage along Pitman-Downer Road and Franklinville-Turnersville Road.

All buildings shall be designed to convey a small-scale neighborhood theme and character. Buildings included in the community commercial area should contain the following design elements:

[1]

[2]

[3]

Provide a variety of building heights, not to exceed 40 feet.

(g)

(h)

An internal pathway system shall be created to provide access to all buildings, open space areas and parking areas to be located in the community commercial area.

(i)

Construction of the community commercial portion of the development shall be mandatory and shall be completed prior to the commencement of the final 25% of the dwelling units in the overall development.

§ 175-162.6 AH Affordable Housing District.

[Added 4-24-2007 by Ord. No. O-21-2007; amended 2-24-2009 by Ord. No. O:02-2009]

Intent. The intent of the Affordable Housing (AH) District is to promote affordable housing on appropriately located tracts of land in the non-Pinelands area of the Township, with special emphasis on the housing needs of low- and moderate-income persons. The parcels of land assembled for these developments shall be of sufficient size to permit the united development of tracts of land with primary access to the principal or collector roads of the Township.

Affordable housing requirements.

(1)

Affordable developments shall split their units as follows:

(a)

The combined number of efficiency and one-bedroom units shall not exceed 20% of the total low- and moderate-income units on site.

(b)

At least 30% of all low- and moderate-income units constructed on site shall be two-bedroom units.

(c)

At least 20% of all low- and moderate-income units constructed on site shall be three-bedroom units.

(d)

The remainder of the units may be distributed between the two- and three-bedroom unit categories at the discretion of the developer.

Use.

(1)

Principal permitted uses.

(a)

Multifamily dwelling unit/apartment.

(b)

Agriculture, subject to the requirements of § 175-90.

(c)

Public service infrastructure.

(2)

Permitted accessory uses.

(a)

Common recreational and social facilities, such as a community building, basketball courts, tennis courts, bicycling and hiking trails, and sports and play areas, and/or picnic areas.

(b)

Off-street parking and carports.

Entrance gateways, provided such structures are located along entrance roadways to the property, are located outside of any required sight triangle, and are designed to complement the architectural style and overall project design.

(g)

Home occupations, subject to § 175-111.

Area and bulk requirements.

(1)

Tract area: The minimum required tract area for affordable housing developments is 30 acres.

(2)

Density: The maximum permitted gross density shall be 3.60 units per acre. The total number of dwelling units shall not exceed 132.

(3)

Bulk requirements:

(a)

Minimum lot frontage or width: 200 feet.

(b)

Minimum lot depth: 200 feet.

(c)

Minimum setbacks: 15 feet from parking lot, 50 feet from principal or collection roads, and 30 feet from side and rear property lines.

(d)

Maximum lot coverage: 50%.

(e)

Maximum building height: 2 1/2 stories or 35 feet.

(f)

Distance between buildings: 40 feet.

Buffers. A landscaped buffer, 30 feet wide, shall be provided along the entire perimeter of the development. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of provided year-round visual screen to the development from adjacent rights-of-way and land uses. Fences, walls or accessory structures may be permitted in the required buffer area by the Planning Board.

Open space and recreation.

(1)

A minimum of 50% of the total tract area shall be set aside as common open space, and shall conform to the requirements of § 175-125.

(2)

Some of the lands set aside for open space shall be developed with active and passive recreational facilities to service the needs of the residents of the development. Such facilities may include, but are not limited to, tennis courts, shuffleboard courts, bicycling trails, hiking trails, and/or picnic areas. Affordable housing developments shall provide a community building as the focal point of recreational activities within the development.

Additional standards for affordable housing developments.

(1)

(2)

All structures shall be constructed with a compatible architectural theme, with appropriate variations in design to provide attractiveness to the development, The architectural theme shall include buildings, signage, fencing, lighting, paving, curbing, landscaping and other similar and related physical features.

(3)

All principal structures shall connect to an approved and functioning centralized water and sanitary sewage treatment system.

(4)

No storage of boats, trailers or campers shall be permitted within the development.

(5)

Minimum off-street parking: subject to the requirements of § 175-123.

(6)

The provision of a bus shelter(s) to service the needs of the development shall be addressed at site review.

(7)

(8)

The development shall contain a mix of six- and eight-unit buildings. There shall be no more than eight units in any one building.

§ 175-163 Nonresidential districts.

[Amended 5-21-1990 by Ord. No. O-11-90; 11-23-2004 by Ord. No. O-46-2004; 4-24-2007 by Ord. No. O-23-2007]

Purpose.

(1)

The purpose of these districts is to provide opportunities for employment in proximity to the existing residential centers of the Township. This zoning plan is arranged to foster an expansion of industrial and commercial uses in an orderly fashion.

(2)

The provisions of this section are not meant to be applied to zoning districts within the Pinelands Management Areas.

Permitted uses.[1]

[1]

Editor's Note: The Schedule of Limitations is included at the end of this chapter.

Additional standards for permitted uses.

(1)

Light industrial uses, where permitted, shall comply with the following standards:

(a)

(b)

(c)

No building may be erected, altered or used and no premises may be used in or within 100 feet of a residence district where the use may involve noxious or offensive odors, dust, vibrations, illuminations or noise or which may be a public nuisance.

(d)

No occupancy permit shall be granted to a proposed new use without first conforming to the requirements for site plan approval.

(e)

No building erected for manufacturing purposes shall be located within 100 feet of an existing residence.

(2)

Community commercial uses, where permitted, shall comply with the following standards:

(a)

The side yard requirements may, in the discretion of the Board, be reduced in size and replaced by either: providing internal driveways from the proposed use to the adjacent commercial use, so as to provide access without returning to the public highway; or providing buffers between uses.

C Commercial District.

[Amended 11-23-2004 by Ord. No. O-46-2004]

(1)

Use.

(a)

Principal permitted uses.

[1]

Community commercial uses.

[2]

Neighborhood commercial uses.

[3]

Planned commercial.

[4]

Agricultural, subject to the requirements of § 175-90.

[5]

Public service infrastructure.

[6]

General office.

[7]

Automotive fueling station convenience store, subject to the requirements of 175-163.3.

[Added 11-26-2018 by Ord. No. O:34-2018]

[8]

Automotive fueling station, subject to the requirements of § 175-163.3.

[Added 11-26-2018 by Ord. No. O:34-2018]

(b)

Conditional uses.

[1]

Vehicle storage yards, subject to § 175-163E.

[2]

Wholesale distribution and warehousing, subject to § 175-163F.

[3]

Used motor vehicle sales facilities, subject to § 175-163.2.

[4]

Fraternal or social lodges or clubs, subject to § 175-162D(1).

[5]

Institutional uses, subject to § 175-162D(1).

[6]

Apartments above commercial establishments, subject to the following:

[a]

Off-street parking must be provided to a minimum ratio of 1.5 spaces per unit with at least one space per unit reserved in a designated area.

[b]

Total building height is limited to three stories.

[c]

Minimum size unit is 800 square feet.

[d]

Each unit must have either an outside deck, balcony or french balconette.

[e]

Access to units must be through an elevator and/or stair lobby leading to interior corridors.

[Amended 10-26-2015 by Ord. No. O:35-2015]

(2)

Area and bulk requirements.

(a)

Community commercial:

[1]

Minimum lot area: 20,000 square feet.

[2]

Minimum lot frontage/width: 115 feet.

[3]

Minimum front yard/building setback: 30 feet.

[4]

Maximum front yard/building setback: 60 feet with a maximum of single row of parking in front.

[5]

Minimum side yard: five feet.

[6]

Minimum rear yard: 35 feet.

[7]

Maximum lot coverage: 75%.

[8]

Minimum buffers: side yard, five feet with landscaping; front yard, 10 feet with landscaping; rear yard, 25 feet with landscaping. Minimum buffers adjacent to residential zones: 25 feet.

[9]

Maximum building height: three stories and 40 feet.

[10]

Minimum off-street parking: subject to the requirements of § 175-123.

(b)

Neighborhood commercial:

[1]

Minimum lot area: 20,000 square feet.

[2]

Minimum lot frontage/width: 100 feet.

[3]

Minimum front yard/building setback: 25 feet.

[4]

Maximum front yard/building setback: 60 feet with a single row of parking.

[5]

Minimum side yard: 20 feet.

[6]

Minimum rear yard: 25 feet.

[7]

Maximum lot coverage: 75%.

[8]

Minimum buffers: side yard, 10 feet with landscaping; front yard, 10 feet with landscaping; rear yard, 25 feet with landscaping. Minimum buffers adjacent to residential zones, 25 feet.

[9]

Maximum building height: subject to the requirements of § 175-109.

[10]

Minimum off-street parking: subject to the requirements of § 175-123.

(c)

Planned commercial:

[1]

Minimum lot area: five acres.

[2]

Minimum lot frontage/width: 400 feet.

[3]

Minimum lot depth: 400 feet.

[4]

Minimum front yard/building setback: 100 feet.

[5]

Minimum side yard: 50 feet.

[6]

Minimum rear yard: 50 feet.

[7]

Maximum lot coverage: 75%.

[8]

Minimum buffers: 50 feet.

[9]

Maximum building height: subject to the requirements of § 175-109.

[10]

Minimum off-street parking: subject to the requirements of § 175-123.

(d)

Wholesale distribution and warehouse facilities and vehicle storage yards:

[1]

Minimum lot area: 80,000 square feet.

[2]

Minimum lot frontage/width: 150 feet.

[3]

Minimum front yard/building setback: 100 feet.

[4]

Minimum side yard: 50 feet.

[5]

Minimum rear yard: 50 feet.

[6]

Maximum lot coverage: 65%.

[7]

Minimum buffers: side, rear and front, 50 feet.

[8]

Maximum building height: subject to the requirements of § 175-109.

[9]

Minimum off-street parking: subject to the requirements of § 175-123.

(3)

Additional standards for permitted uses.

(a)

No occupancy permit shall be granted to a proposed new use without first conforming to the requirements for site plan approval.

(b)

All building walls shall be suitably finished for aesthetic purposes. Blank architectural walls shall be discouraged. Architectural techniques to reinforce and to address "human" scale shall be employed.

(c)

All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as fencing, shrubbery, lawn area, ground cover, berms, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. Exotic invasive plant materials shall be prohibited. The established grades on any site shall be planted for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.

Cross easements between and among adjacent commercial properties for both pedestrian and vehicular movement is required.

Requirements for conditional use: vehicle storage yards.

[Added 6-20-1988 by Ord. No. O-15-88]

(1)

There shall be a minimum of 2,500 square feet per vehicle.

(2)

An opaque fence of a minimum height of eight feet shall enclose entirely the storage area.

(3)

When abutting a residence zone, said fence shall be set back 25 feet from the property line. This twenty-five-foot strip shall be suitably landscaped as a visual buffer.

(4)

No maintenance or servicing shall be permitted, other than normal fueling, lubrication or cleaning.

(5)

Site plan approval shall be required under appropriate provisions of this chapter.

Planned industrial developments: conditions.

(1)

Uses shall be limited to those indicated in § 175-11, under "light industrial use."

(2)

(3)

Gross floor area. Planned industrial uses shall have a total minimum gross floor area of 80,000 square feet, which shall be contained within at least two principal buildings which can be structurally connected for efficient pedestrian circulation.

(4)

Any principal building may contain more than one use or organization. Any lot may contain more than one principal building, provided that the total building coverage specified herein is not exceeded and the following building separation requirements are met.

(a)

All principal buildings shall be separated by a minimum of 40 feet, provided that such separation is to be used solely for pedestrian circulation. Principal buildings within planned commercial uses may be structurally linked, provided that such linkages are part of a well-conceived architectural design and representative architectural achievements with such concepts.

(b)

All principal buildings shall be separated by a minimum of 75 feet when such separation is to be used for parking or vehicular circulation.

(5)

At least the first 30 feet adjacent to any street line and 20 feet adjacent to any lot line shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery and shall be separated from the parking area by suitable curbing as determined by this chapter and the Planning Board during site plan review.

(6)

No merchandise, products, waste equipment or similar material or objects shall be displayed or stored outside except for outdoor storage of mobile equipment.

(7)

(8)

(9)

A minimum buffer area of 50 feet in width shall be provided along any common property line with a residential district in accordance with § 175-93 of this chapter.

(10)

Parking shall be as required by § 175-123 of this chapter, but in no case shall the total parking area for a planned industrial development be less than the total resulting from 1,250 square feet of parking lot area to every 1,000 square feet of gross floor area.

(11)

Each activity shall provide for off-street loading and unloading with adequate ingress to and egress from streets and shall provide such areas at the side or rear of the building. Each space shall be at least 15 feet by 40 feet, and one space shall be provided for every 8,000 square feet of gross floor area or fraction thereof in each building. There shall be no loading or unloading from the street.

(12)

Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.

(13)

There shall be at least one trash and garbage pickup location provided for each building, which shall be separated from the parking spaces by the storage of trash and/or garbage in a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container in no way interferes with or restricts loading and unloading functions. All off-street loading areas shall be lighted.

(14)

All planned industrial developments shall comply with the Schedule of Limitations[2] with respect to minimum requirements for area, setback and coverage.

[2]

Editor's Note: The Schedule of Limitations for other residential zoning districts is included at the end of this chapter.

Planned Business District.

[Added 5-21-1990 by Ord. No. O-11-90]

(1)

Purpose. This category is designed to permit the maximum flexibility to developers of nonresidential projects in Monroe Township.

(2)

Categories of individual uses. Within a Planned Business District, project uses may be included from the categories of light industrial, general office, community commercial and wholesale distribution and warehousing.

(3)

Site design shall be subject to all appropriate sections of Article XIII of this chapter.

Residential uses in the Business Park, Neighborhood Commercial and Community Commercial Zoning Districts, for which a valid certificate of occupancy has been issued, shall be considered a conforming use and subject to the Schedule of Limitations[3] for similar uses in the R-2 Zoning District.

[Amended 8-12-1997 by Ord. No. O-40-97; 10-23-2001 by Ord. No. O-31-2001]

[3]

Editor's Note: The Schedule of Limitations for other residential zoning districts is included at the end of this chapter.

Self-storage facilities shall be permitted as a community commercial use, provided that the following conditions are met:

[Added 9-26-2000 by Ord. No. O-31-2000]

(1)

All self-service storage facilities shall comply with the Schedule of Limitations[4] for community commercial uses with respect to minimum requirements for area, setbacks and coverage.

[4]

Editor's Note: The Schedule of Limitations for nonresidential zoning districts is located at the end of this chapter.

(2)

One administration office and/or resident manager's apartment shall be permitted as part of the development.

(3)

Site design shall require maximum attention to proper site design considerations, including the location of structures and parking areas, proper ingress and egress, development of an interior circulation system, architectural design, landscaping and the compatibility of any proposal with the natural foliage, soils, contours, drainage patterns and the need to avoid visual intrusions and performance nuisances upon adjacent residences or residential districts.

(4)

No materials or objects shall be displayed or stored outside, and the storage of toxic, combustible, explosive, hazardous or illegal materials shall be strictly prohibited.

(5)

All buildings shall be compatibly designed with each other and surrounding areas, and all building walls facing any street, residential use or residential district line shall be suitability finished for aesthetic purposes.

(6)

Self-service storage units shall not exceed one story in height.

(7)

A minimum buffer of 50 feet in width shall be provided along any common property line with a residential use or residential district in accordance with § 175-93 of this chapter.

(8)

Stormwater management shall conform to the requirements of § 175-140.

(9)

Off-street parking shall be provided at the rate of two spaces per 100 storage units, plus two spaces for the administration office and/or manager's apartment.

(10)

The minimum aisle width shall be 15 feet for one-way traffic flow and 24 feet for two-way traffic flow.

(11)

One ten-foot-wide parking/loading lane shall be provided adjacent to each bay of storage buildings, exclusive of required aisle widths.

(12)

All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as fencing, shrubbery, lawn areas, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area.

(13)

All street lighting shall conform to the requirements of § 175-116.

§ 175-163.0 RD-C Rural Development Commercial District.

[Added 11-23-2004 by Ord. No. O-47-2004]

Uses.

(1)

Principal permitted uses.

(a)

Agriculture, subject to the requirements of § 175-90.

(b)

Agricultural commercial, subject to the requirements of § 175-160C(2).

(c)

Forestry, subject to the requirements of § 175-107.

(d)

Recreation facilities, but not including amusement parks.

(e)

Institutional uses, subject to the requirements of § 175-160C(3).

(f)

Public service infrastructure, subject to the requirements of § 175-160C(4).

(2)

Conditional uses.

(a)

Agricultural processing facilities, subject to the requirements of § 175-160D(1).

(b)

Light industrial uses, subject to the requirements of § 175-160D(2).

(c)

Resource extraction operations, subject to the requirements of § 175-130.

(d)

Local retail sales and service establishments, subject to the requirements of § 175-160D(3).

(e)

Wholesale distribution and warehouse facilities, subject to the requirements of § 175-160D(4).

Area and bulk requirements.

(1)

Agricultural commercial establishments:

(a)

Minimum lot area: one acre.

(b)

Minimum lot frontage/width: 150 feet.

(c)

Minimum front yard/building setback: 50 feet.

(d)

Minimum side yard: 20 feet.

(e)

Minimum rear yard: 50 feet.

(f)

Maximum building coverage: 2,500 square feet.

(g)

Maximum lot coverage: 5%.

(h)

Minimum buffers: 40 feet adjacent to front, side and rear property lines for all vehicular circulation, parking and loading areas.

(i)

Maximum building height: subject to the requirements of § 175-109.

(j)

Minimum off-street parking: subject to the requirements of § 175-123.

(2)

Institutional uses:

(a)

Minimum lot area: one acre.

(b)

Minimum lot frontage/width: 150 feet.

(c)

Minimum front yard/building setback: 75 feet.

(d)

Minimum side yard: 30 feet.

(e)

Minimum rear yard: 50 feet.

(f)

Maximum lot coverage: 20%.

(g)

Minimum buffers: 40 feet adjacent to front, side and rear property lines for all vehicular circulation, parking and loading areas.

(h)

Maximum building height: subject to the requirements of § 175-109.

(i)

Minimum off-street parking: subject to the requirements of § 175-123.

(3)

Agricultural processing facilities and light industrial uses:

(a)

Minimum lot area: five acres.

(b)

Minimum lot frontage/width: 200 feet.

(c)

Minimum front yard/building setback: 100 feet.

(d)

Minimum side yard: 40 feet.

(e)

Minimum rear yard: 50 feet.

(f)

Maximum lot coverage: 40%.

(g)

Minimum buffers: 50 feet adjacent to front, side and rear property lines for all vehicular circulation, parking and loading areas.

(h)

Maximum building height: subject to the requirements of § 175-109.

(i)

Minimum off-street parking: subject to the requirements of § 175-123.

(4)

Local retail sales and/or personal services:

(a)

Minimum lot area: one acre.

(b)

Minimum lot frontage/width: 150 feet.

(c)

Minimum front yard/building setback: 100 feet.

(d)

Minimum side yard: 50 feet.

(e)

Minimum rear yard: 100 feet.

(f)

Maximum lot coverage: 50%.

(g)

Minimum buffers: 40 feet adjacent to front, side and rear property lines for all vehicular circulation, parking and loading areas.

(h)

Maximum building height: subject to the requirements of § 175-109.

(i)

Minimum off-street parking: subject to the requirements of § 175-123.

(5)

Wholesale distribution and warehouse facilities:

(a)

Minimum lot area: five acres.

(b)

Minimum lot frontage/width: 400 feet.

(c)

Minimum front yard/building setback: 100 feet.

(d)

Minimum side yard: 50 feet.

(e)

Minimum rear yard: 50 feet.

(f)

Maximum lot coverage: 55%.

(g)

Minimum buffers: 50 feet adjacent to front, side and rear property lines for all vehicular circulation, parking and loading areas.

(h)

Maximum building height: subject to the requirements of § 175-109.

(i)

Minimum off-street parking: subject to the requirements of § 175-123.

Additional standards for permitted uses.

(1)

No occupancy permit shall be granted to a proposed new use without it first conforming to the requirements for site plan approval.

(2)

All building walls shall be suitably finished for aesthetic purposes.

(3)

All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as fencing, shrubbery, lawn area, ground cover, berms, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. Exotic invasive plant material shall be prohibited. The established grades on any site shall be planted for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.

(4)

All development shall conform to the requirements of § 175-149G.

(5)

(6)

§ 175-163.1 Substance abuse treatment centers. [1]

[Added 2-13-2017 by Ord. No. O:07-2017]

Definitions, as modified, shall be amended by the addition or revision of the following words and meanings:

BEHAVIORAL HEALTHCARE FACILITY

A building or portion of a building, whether private profit or nonprofit, or institutional, principally engaged in providing services for inpatient and outpatient services for treatment of victims of addiction, psychiatric, psychological, or other behavioral health condition where care may be provided on a short term or long term basis whose operators are licensed to provide such services by the State of New Jersey, but not to include hospitals and other health care facilities, or residential medical detoxification centers; a Level I, Level II.1, Level II.5, Level III.1, Level III.5, or Level III.7 treatment facility as classified by the Division of Addiction Services, New Jersey Department of Human Services.

HEALTHCARE FACILITY

A building or portion of a building such as a hospital, whether private or an institution, principally engaged in providing inpatient and outpatient services for physical health maintenance, diagnosis (including testing) and treatment of human diseases, pain or other physical condition of patients; acute care facility; rehabilitation hospital; ambulatory surgical center. Care may be provided on a short term or long term basis. Outpatient services may also be provided as a secondary service. Such facilities may include laundries, cafeterias, gift shops, laboratories, and medical offices as accessory uses.

MEDICAL CLINIC

A public health facility, blood donor center, kidney dialysis center, or walk-in medical office not requiring prior appointment.

OFFICE, MEDICAL

A building or portion of a building principally engaged in providing services for health maintenance, diagnosis (including testing) and treatment of human diseases, pain or other physical or mental condition of patients solely on an outpatient basis, but not to include a behavioral health care center or residential medical detoxification facility. No overnight patients shall be kept on the premises. Examples of medical offices shall include, but not be limited to, general physicians, dentists, chiropractors, psychologists, cardiologists and other various specialties.

OFFICE, RESEARCH AND DEVELOPMENT

A building or portion of a building principally engaged in developing new products or procedures, or to improvement of existing products or procedures. Research and development offices may include laboratory space, pilot manufacturing and production space and/or office space.

RESIDENTIAL MEDICAL DETOXIFICATION CENTER

Medically monitored intensive inpatient treatment for substance abuse that provides twenty-four-hour per day physician supervised evaluation and withdrawal management in a permanent facility with beds based on substance-specific clinical protocols and policies and that may include Suboxone induction, or similar medication, for opioid dependence; a Level III.7D facility as classified by the Division of Addiction Services, New Jersey Department of Human Services.

URGENT CARE CENTER

A type of medical clinic in a building or portion of a building, whether private or institution, principally engaged in providing walk-in, extended-hour access for acute illness and injury care that is beyond the scope or availability of the typical primary care practice or other medical clinic. Patients shall be served solely on an outpatient basis and such services shall not include overnight stays.

Business Park Zoning District shall be amended by adding conditional uses for residential medical detoxification center, behavioral healthcare facility, and other revisions, as follows:

(1)

Conditional uses permitted.

(a)

Behavioral healthcare facility and residential medical detoxification center, conforming to the following conditions:

[1]

Such use shall be located in the zoning district identified herein.

[2]

The minimum lot area shall be three acres.

[3]

The maximum number of patients served at the location of the facility shall not exceed 50 persons at any one time.

[4]

The use shall not be combined with a single-family detached, manufacturing or industrial use.

(2)

Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all lots:

(a)

Behavioral healthcare facility and residential medical detoxification center.

[1]

Lot size shall be as indicated in § 175-163.1B hereinabove.

[2]

Minimum lot frontage: 200 feet.

[3]

Minimum lot width: 200 feet.

[4]

Minimum lot depth: 300 feet.

[5]

Minimum front yard: 50 feet.

[6]

Minimum side yard: 50 feet.

[7]

Minimum rear yard: 50 feet.

[8]

Maximum floor area ratio:

[a]

Individual principal use in single building: 0.10.

[b]

Combined principal uses in single or separate buildings: 0.15.

[9]

Maximum impervious surface ratio: 0.30.

[10]

Maximum height: 35 feet.

(b)

Parking area setback.

[1]

Front street line: 50 feet.

[2]

From any other lot line: 25 feet.

(3)

Additional regulations for behavioral healthcare facilities. The following additional regulations shall apply to Behavioral Healthcare Facilities in the Business Park Zoning District:

(a)

No merchandise, products, waste, equipment or similar material or objects shall be displayed or stored outside unless specifically approved as part of a site plan submission.

(b)

All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.

[1]

Editor's Note: Former § 165-163.1, Single-family detached conditional use, added 5-21-1990 by Ord. No. O-11-90, as amended, was repealed 4-24-2007 by Ord. No. O-24-2007.

§ 175-163.2 Used motor vehicle sales facilities conditional use.

[Added 11-25-1997 by Ord. No. O-48-97]

"Motor vehicle" is defined to be any vehicle propelled other than by muscular power, excepting such vehicle as runs only on rails or tracks.

In zones in which their use is permitted by this article, facilities which sell used motor vehicles are hereby declared to be a conditional use which shall comply with the conditions established in § 175-62 and with the following conditions:

(1)

A site plan application shall be submitted.

(2)

Public notice of the application shall be given pursuant to § 175-40E and N.J.S.A. 40:55D-12.

(3)

A copy of a completed application for a license from the Division of Motor Vehicle Services shall be submitted.

(4)

Repair facilities exclusively for the vehicles being sold on the site may be maintained on the site. The facilities may perform incidental repairs, tune-ups and detailing. Body repairs and repairs of vehicles not being sold on the site shall not be permitted.

(5)

Equipment for the sale of gasoline or oil shall not be permitted.

(6)

Each such facility shall have a permanent building with an office and rest room on the site which shall comply with the sanitary regulations of the Township of Monroe.

(7)

Each such facility is required to have an indoor display area having a minimum of one space for each separate class vehicle being sold. For the purpose of this section, a "class of vehicle" shall be defined as a passenger car, truck, mobile home, motorcycle or any other type of vehicle which is authorized to operate on the highways of this state as set forth in Title 39 of the New Jersey Statutes Annotated.

(8)

The site shall have at least one entrance from an adjoining street with an entrance width not more than 30 feet at the street frontage. Provisions for off-road vehicle pickup and the delivery shall be shown on the plan.

(9)

Motor vehicles on display for sale and drive aisles in vehicle sale lots shall be set back a minimum of 20 feet from the existing or proposed right-of-way, shall be set back a minimum of 15 feet from any adjacent residential property line and shall be set back a minimum of 10 feet from any adjacent nonresidential property line. Where buffer setbacks as set forth in Article XIV of this chapter exceed the setbacks contained herein, the minimum setback shall be the greater dimension.

[Amended 2-8-2000 by Ord. No. O-6-2000]

(10)

Signs shall meet the requirements of § 175-135.

(11)

The site shall be graded for proper drainage and surfaced with bituminous concrete or concrete unless excepted by the Planning Board or Zoning Board pursuant to § 175-21H(1). Stormwater calculations shall be submitted analyzing the vehicle storage/parking areas as bituminous concrete or concrete regardless of whether the applicant proposes either such surface on the site.

(12)

All used motor vehicle facilities are subject to a yearly inspection by the Zoning Code Enforcement Officer or his/her designee.

This section is not applicable to facilities which sell new motor vehicles or both new and used motor vehicles.

§ 175-163.3 Automotive fueling station and automotive fueling station convenience store.

[Added 11-26-2018 by Ord. No. O:34-2018]

Standards of operation; restrictions. The owners or operators of an automotive fueling station or an automotive fueling station convenience store in the Township of Monroe shall comply with the following regulations:

(1)

The building and premises on which the business is conducted shall be kept clean, and no refuse shall be permitted to accumulate therein or thereon.

(2)

Restrooms and other toilet facilities shall be kept in a clean and sanitary condition and the fixtures in working order at all times.

(3)

Automotive fueling stations and automotive fueling station convenience stores shall only service automobiles with motor vehicle fuel, electrical charging stations, air pumps and by adding oil, windshield washer fluid or similar fluids, but shall not provide any services which require bays or lifts, such as oil changes or lubrication of chassis.

(4)

Automotive fueling stations and automotive fueling station convenience stores signage shall be in compliance with § 175-135, Signs.

(5)

Any case or rack for the display of petroleum products hereinafter erected or placed outside of the building shall be constructed of metal and may not exceed seven feet in height.

(6)

No parking of commercial vehicles shall be permitted on the premises.

(7)

No motor vehicles shall be sold or displayed for sale at these premises.

(8)

No towing service is to be operated from these premises.

§ 175-163.4 Cannabis.

[Added 6-28-2021 by Ord. No. O:12-2021;[1]amended 9-26-2023 by Ord. No. O:35-2023; 2-28-2024 by Ord. No. O:06-2024; 5-22-2024 by Ord. No. O:25-2024; 9-25-2024 by Ord. No. O:43-2024; 4-9-2025 by Ord. No. O:08-2025; 8-27-2025 by Ord. No. O:22-2025]

Purpose. The purpose of this chapter is to protect the public health, safety, and welfare of the residents, businesses and property in Monroe Township by prescribing the manner in which cannabis businesses can be conducted within its borders, regulating its cultivation, production, and distribution in a manner that is consistent with P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act"[2] and to minimize negative impacts on the community. It is intended to provide a means of cultivation, production, and wholesale distribution of cannabis to licensed businesses pursuant to the P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," while protecting the public health and safety through reasonable limitations on business operations as they relate to noise, air, and water safety, as well as public safety. Furthermore, pursuant to the P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," the Township is authorized to impose fees on the sales or equivalent transfers from cannabis-based businesses.

[2]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CANNABIS

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 1) in accordance with P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act"[3] 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. 24:6I-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:35-47 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.).

CANNABIS CULTIVATION, INDOOR

A use involving the planting, growing, and harvesting of cannabis plants entirely within a fully enclosed, permanent structure with predominantly artificial lighting, climate control systems, and security infrastructure.

CANNABIS CULTIVATION, OUTDOOR

A use involving the planting, growing, and harvesting of cannabis plants, typically on agricultural or rural lands. This use includes associated activities such as soil preparation, irrigation, pest control, and waste management directly related to cannabis production. Outdoor cultivation may occur in a full greenhouse with rigid walls, a partial greenhouse, a hoop house, or other non-rigid structure which allows for natural light penetration. Cannabis shall not be permitted to be grown outdoors outside of a greenhouse, hoop house, or other non-rigid structure which allows for natural light penetration. Greenhouses or other fully enclosed permanent structures associated with the cultivation of cannabis shall be considered principal structures as defined within § 175-11.

CANNABIS CULTIVATOR

Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. "Cannabis cultivators" refer to those uses that require possession of a Class 1 cannabis cultivator license under the P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."

CANNABIS DELIVERY SERVICE

Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer 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. "Cannabis delivery services" refer to those uses that require possession of a Class 6 cannabis delivery license.

CANNABIS DISTRIBUTOR

Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. Cannabis distributors refer to those uses that require possession of a Class 4 Cannabis Distributor license under the P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."

CANNABIS ESTABLISHMENT

A cannabis (grower) cultivator, also referred to as a cannabis cultivation facility, a cannabis (processor) manufacturer, also referred to as a cannabis product manufacturing facility, a cannabis wholesaler, or a cannabis retailer.

CANNABIS MANUFACTURER

Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. Cannabis manufacturers refer to those uses that require a Class 2 cannabis manufacturer license under the P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."

CANNABIS RETAILER

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 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. Cannabis retailers refer to those uses that require possession of a Class 5 cannabis retailer license under the P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."

CANNABIS WHOLESALER

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. Cannabis wholesalers refer to those uses that require of a Class 3 cannabis wholesaler license under the P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."

CONSUMPTION LOUNGES

Public consumption of cannabis products purchased from the Class 5 retail cannabis business onsite and attached to that consumption area, which complies with the following:

(1)

Consumption of cannabis products not purchased from the on-site retail cannabis business is prohibited.

(2)

The entire perimeter of the consumption lounge shall be enclosed and secure and only accessible internally via the cannabis retail business principal building, except for emergency exits.

(3)

Consumption lounge approval is conditioned upon the Township's review and assessment of the NJ-CRC application. Upon receipt of same, the Township will have 28 days to review and render its decision. Township approval will be in the form of a zoning letter on municipal letter by a zoning officer, which may be used as proof of endorsement.

LICENSE

(1)

A license issued under relevant state law including a license that is designated as either a:

(a)

Class 1 cannabis (grower) cultivator license.

(b)

Class 2 cannabis (processor) manufacturer license.

(c)

Class 3 cannabis wholesaler license.

(d)

Class 4 cannabis distributor.

(e)

Class 5 cannabis retailer license.

(f)

Class 6 cannabis delivery license.

(2)

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.

MULTI-UNIT RETAIL BUILDING

A commercial development consisting of a single building or buildings containing attached tenant spaces under common site development, designed to accommodate multiple individual retail or service-oriented businesses. Such centers are typically arranged in a linear or L-shaped configuration with shared off-street parking provided in front or adjacent to the building. Buildings under this definition shall not consist of any other uses other than retail or service-oriented businesses.

OUTDOOR CULTIVATION AREA

An area of land where cannabis plants are grown within greenhouses, hoop houses, or similar structures that may utilize natural light, supplemental artificial light, or a combination of both. Such cultivation may occur directly in or on the ground, in containers, or in raised beds, within the structure and is subject to ambient environmental conditions and seasonal cycles. The cultivation area perimeter shall be enclosed by security fencing or other barriers as required by law or otherwise noted herein.

[3]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

Municipal licensing.

(1)

Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the Act, rules, regulations, and all other applicable laws of the State of New Jersey.

(2)

Issuing authority. All licenses required by this article shall be issued by the Township Council, which shall also administer the provisions of this article.

(3)

License required. It shall be unlawful for any person, firm, or corporation to own or operate within this municipality any recreational cannabis businesses for the cultivation, manufacture, wholesale, and distribution of cannabis as well as its retail sale and delivery without first having obtained a properly issued license that is issued in accordance with the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (P.L. 2021, c. 16)[4] and the provisions of this article.

[4]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

(4)

Application. Persons wishing to obtain any class cannabis license shall file a license application with the Clerk's Office on a standardized form established by the Clerk's Office and available in the Clerk's office. An application shall be deemed incomplete, and shall not be processed by the Administration, until all documents and application fees are submitted. Upon submission of said application the Township Solicitor shall review said application for completeness. If the Township Solicitor deems the application is deficient he/she shall notify said applicant of any deficiency within 14 days of receipt of said application. Thereafter, said applicant shall have any deficiency in said application cured within 10 days of the date of said notice. Notice shall be, in writing, sent certified and regular mail to the address provided by said applicant. To be deemed complete, all applications shall be accompanied by the following:

(a)

Persons wishing to obtain any class of cannabis license shall demonstrate commitment or sufficient experience as reasonable employers, defined as being a party to a labor peace agreement or the applicant entity or its parent company being a party to a collective bargaining agreement in the regulated cannabis industry for at least one year prior to application for a cannabis establishment license, in an effort to create well-paying jobs with employee benefits in the municipality. In the event of new construction or a remodel, the municipality will also require a Project Labor Agreement or Memorandum of Agreement to be in place, in accordance with N.J.S.A. 34:11-56.25 et seq.

[1]

This requirement does not apply to micro businesses applying for an annual license. A microbusiness, as defined under N.J.A.C. 17:30-6.7, is one which "has a smaller footprint than a standard cannabis business, with respect to its business operations, capacity, and quantity of product, pursuant to N.J.S.A. 24:6I-36.f" and N.J.A.C. 17:30-6.7(a).

(b)

The facility must have a valid license to operate a cannabis establishment from the State of New Jersey.

(c)

The applicant shall submit proof that the applicant has or will have lawful possession of the premises proposed for the cannabis establishment, 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.

(d)

The applicant shall submit an affidavit and documentary proof of compliance with all state and local laws regarding affirmative action, antidiscrimination, and fair employment practices. The applicant shall also certify under oath that they will not and shall not discriminate based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.

(e)

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.

(f)

The applicant shall submit to the satisfaction of Monroe Township proof of financial capability to open and operate the cannabis establishments for which the applicant is seeking a license. Standards for proof of financial capability shall be determined by the Township. Such proof may include tax returns, audited financials, or any other documents determined to be suitable by Monroe Township. Such proof and/or documents may be further outlined in the Township's application for licensing.

(g)

The nonrefundable application fee for the initial license and license renewal for Classes 1 through 6 licenses shall be as follows:

[1]

Class 1 cannabis (grower) cultivator: $500.

[2]

Class 2 cannabis (processor) manufacturer: $500.

[3]

Class 3 cannabis wholesaler: $500.

[4]

Class 4 cannabis distributor: $500.

[5]

Class 5 cannabis retailer: $500.

[6]

Class 6 cannabis deliverer: $500.

(h)

For initial applications and license renewals, in addition to complying with any state requirement related to good character and criminal background, any person proposed to have an ownership interest in the license shall not have had any cannabis license or permit revoked for a violation affecting public safety in the State of New Jersey or a subdivision thereof within the preceding five years.

(i)

The applicant and the application (initial and renewal applications) shall otherwise comply with any and all qualification standards set forth in the state and Township laws or regulations.

(j)

For license renewals only (not initial applications for licensing), the applicant shall submit the following for consideration and review by the Township:

[1]

Demonstration of a commitment or sufficient experience as reasonable employers, defined as being a party to a labor peace agreement or the applicant entity or its parent company being a party to a collective bargaining agreement in the regulated cannabis industry for at least one year prior to application for a cannabis establishment license, in an effort to create well-paying jobs with employee benefits in the municipality.

[2]

Valid license to operate a cannabis establishment from the State of New Jersey.

[3]

Proof that the applicant has or will have lawful possession of the premises proposed for the cannabis establishment, 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.

[4]

An affidavit and documentary proof of compliance with all state and local laws regarding affirmative action, antidiscrimination, and fair employment practices. The applicant shall also certify under oath that they will not and shall not discriminate based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.

[5]

Proof of financial capability to open and operate the cannabis establishments for which the applicant is seeking a license. Standards for proof of financial capability shall be determined by the Township. Such proof may include tax returns, audited financials, or any other documents determined to be suitable by Monroe Township. Such proof and/or documents may be further outlined in the Township's application for licensing.

(5)

Probate license fees. The annual license fees and maximum number of licenses for the cultivation, manufacture, wholesale, distribution, retail sale and delivery of cannabis shall be as follows:

(a)

The initial license fee for Classes 1 through 6 licenses shall be as follows:

[1]

Class 1 cannabis (grower) cultivator: $10,000 per location.

[2]

Class 2 cannabis (processor) manufacturer: $10,000 per location.

[3]

Class 3 cannabis wholesaler: $10,000 per location.

[4]

Class 4 cannabis distributor: $10,000 per location.

[5]

Class 5 cannabis retailer: $10,000 per location.

[6]

Class 6 cannabis deliverer: $2,500 per business.

(b)

The license renewal fee for Classes 1 through 6 licenses shall be as follows:

[1]

Class 1 cannabis (grower) cultivator: $2,500 per location.

[2]

Class 2 cannabis (processor) manufacturer: $2,500 per location.

[3]

Class 3 cannabis wholesaler: $2,500 per location.

[4]

Class 4 cannabis distributor: $2,500 per location.

[5]

Class 5 cannabis retailer: $2,500 per location.

[6]

Class 6 cannabis deliverer: $250 per business.

(c)

The annual renewal applications for Classes 1 through 6 licenses shall be submitted between July 1 and August 1 of every year with all licenses expiring on August 31 of each year.

(d)

Cannabis establishments or cannabis deliverers that are operating without the applicable license under § 175-163.4C prior to the passage of this section shall be permitted to operate within the Township subject to a submission of a renewal application and the payment of the renewal license fee as set forth in § 175-163.4C(b).

(e)

There shall be a maximum of eight Class 5 licenses issued, with no maximum limit on the number of licenses issued to Classes 1, 2, 3, 4, and 6.

(f)

The nonrefundable application fee is due upon the applicant's submission of an application. Thereafter, any initial licensing fee or renewal fee will be due and owing upon Township Council's approval of said license.

(6)

Municipal license fee reductions. For all licensed cannabis business operations, the annual licensing renewal fees established within § 175-163.4C(b) of the Township Code shall be reduced by the following amounts for the applicable year if the Code shall be reduced by the following amounts for the applicable year if the business entity can demonstrate the following:

(a)

Any business that can provide proof that at least 1/3 of its employees are residents of the Township of Monroe shall be entitled to a 25% reduction of the licensure fee, or remaining fee if a reduction has already been applied under this section.

[1]

In order to receive a reduction under this section, the business entity must provide adequate proof of employment and residency, in the form of payroll history (amounts redacted), providing proof of current residency and proof of at least nine months of employment.

[2]

The Township reserves the right to contact any employees referenced in order to verify employment and residency.

Zoning. The Township's Land Management Chapter and any redevelopment plans inconsistent herewith are hereby amended as follows:

(1)

Permitted uses by zone.

(a)

Class 1: Indoor cultivation - C, RD-A, RG-LI, RG-C, AG.

(b)

Class 1: Outdoor cultivation - RD-A, AG.

(c)

Class 2: Manufacture - RG-LI, RG-C, AG.

(d)

Class 3: Wholesale - RG-LI, RG-C.

(e)

Class 4: Distribution - RG-LI, RG-C.

(f)

Class 5: Retail - BP, C, RG-C.

(g)

Class 6 delivery services shall be permitted in all zoning districts and shall meet all bulk requirements for the zone and all design standards applicable. The CCMWD and CR&D Overlay Zone Map has been repealed as of the adoption of this section.

(2)

Limitation of cannabis uses.

(a)

An existing agricultural use proposing to add a Class 1 outdoor cultivation use shall be permitted and excluded from the requirements of § 175-127, Limitation of principal uses.

(b)

Permitted uses under § 175-163.4D(1) shall be individual uses. Any proposal to place more than one permitted use shall be subject to the requirements of § 175-127, Limitation of principal uses.

(c)

Class 5 retail cannabis uses shall be permitted in multi-unit retail buildings and shall not be subject to the requirements of § 175-127, Limitation of principal uses.

(d)

Notwithstanding any state law, regulation, or future amendment thereto, the Township of Monroe affirms that the cultivation of cannabis, whether indoor or outdoor, shall not be considered an agricultural or horticultural use for the purposes of qualifying for farmland assessment under the Farmland Assessment Act of 1964 (P.L. 1964, c. 48; N.J.S.A. 54:4-23.1 et seq.). The Township expressly prohibits the use of cannabis cultivation as a basis for claiming Q-Farm status or reduced property tax assessment. Any application for tax relief or classification predicated upon cannabis cultivation shall be deemed inconsistent with the Township's zoning and land use objectives and will not be endorsed, recognized, or supported by the Township.

(3)

Conditional uses.

(a)

Class 5 retail cannabis businesses shall be a conditional permitted use in the Rural Development Agricultural District (RD-A) if all the requirements contained within § 175-160C(2) are met.

(b)

Class 5 retail cannabis businesses shall be a conditional permitted use in the Agricultural Production District (AG) if all the requirements contained within § 175-160C(2) are met.

(c)

Class 2 thru 4 facilities shall be a conditional permitted use in the Business Park District (BP) if all the requirements contained within § 175-160D(2) are met.

(d)

Class 5 retail cannabis businesses shall be a conditional permitted use in the Rural Development Commercial District (RD-C) if all the requirements contained within § 175-160D(3) are met.

(e)

Class 1 thru 4 facilities shall be a conditional permitted use in the Rural Development Commercial District (RD-C) if all requirements within § 175-160D(2) and/or § 175-160D(4) are met.

(f)

Class 1 outdoor cultivation shall be a conditional permitted use in the Rural Development Commercial District (RD-C), if all requirements below are met:

[1]

Principal structures for outdoor cultivation are located more than 200 feet to any residential building.

[2]

If an outdoor cultivation operation is proposed on a lot sharing a property line with a residential use a 50 feet buffer shall be provided.

[3]

The outdoor cultivation area shall be securely enclosed by fencing and locked gates on its entire perimeter, constructed in accordance with the Uniform Construction Code, to prevent unauthorized access. Fencing of the broader property shall not be required unless the outdoor cultivation area is not separately enclosed.

[4]

Fencing shall be constructed of black PVC coated metal chain link or another similarly secure material. The total fence height, including any security features such as barbed wire, razor wire, or angled extensions, shall not exceed eight feet unless otherwise approved by the Township during site plan review. Barbed wire may be permitted only at the top 12 inches of the fence for security purposes and shall be installed in accordance with applicable safety standards. All support posts shall be securely anchored. Height requirements within § 175-100, Fences, walls, and screening, shall not apply.

[5]

The outdoor cultivation area shall be protected by a security alarm system and 24-hour video surveillance system that is continuously monitored and capable of detecting power loss, pursuant to N.J.A.C. 17:30-9.10, to ensure surveillance of the entire perimeter of the cultivation area and overall portions of the security fences and all gates.

[6]

The cannabis cultivator must show on a site plan the following storage areas and the segregation of those areas:

[a]

Storage area for newly received cultivation materials or components and newly received cannabis seeds, cuttings, clones, immature cannabis plants, or usable cannabis;

[b]

Batches of usable cannabis awaiting release for distribution, pending written reports confirming they meet specifications;

[c]

Any usable cannabis suspected, but not yet confirmed to be contaminated, including usable cannabis returned as part of a complaint or recall process;

[d]

Usable cannabis, components, or materials that have been confirmed to be contaminated, including, but not limited to usable cannabis that fails testing or is returned as part of a recall, and shall be stored with cannabis waste in a waste disposal room until destroyed and rendered unrecoverable and unrecognizable in accordance with N.J.A.C. 17:30-9.14.

(4)

Bulk requirements.

(a)

Non-Pinelands Zones.

[1]

Class 1: Indoor cultivation.

[a]

Minimum lot area: two acres.

[b]

Minimum lot width: 100 feet.

[c]

Minimum front yard setback: 75 feet.

[d]

Minimum side yard setback: 50 feet.

[e]

Minimum rear yard setback: 65 feet.

[f]

Maximum lot coverage: 50%.

[g]

Maximum building height: 35 feet.

[h]

Minimum buffer: 50 feet.

[2]

Class 2 through 4.

[a]

Minimum lot area: 40,000 square feet.

[b]

Minimum lot width: 150 feet.

[c]

Minimum front yard setback: 75 feet.

[d]

Minimum side yard setback: 50 feet.

[e]

Minimum rear yard setback: 65 feet.

[f]

Maximum lot coverage: 70%.

[g]

Maximum building height: 35 feet.

[h]

Minimum buffer: 50 feet.

[3]

Class 5 and 6.

[a]

Minimum lot area: 20,000 square feet.

[b]

Minimum lot width: 100 feet.

[c]

Minimum front yard setback: 50 feet.

[d]

Minimum side yard setback: 20 feet.

[e]

Minimum rear yard setback: 50 feet.

[f]

Maximum lot coverage: 70%.

[g]

Minimum buffer: 25 feet.

(b)

Pinelands Zones.

[1]

Class 1: Indoor cultivation.

[a]

Minimum lot area: two acres.

[b]

Minimum lot width: 100 feet.

[c]

Minimum front yard setback: 75 feet.

[d]

Minimum side yard setback: 50 feet.

[e]

Minimum rear yard setback: 65 feet.

[f]

Maximum lot coverage: 50%.

[g]

Maximum building height: 35 feet.

[h]

Minimum buffer: 50 feet.

[2]

Class 1: Outdoor cultivation.

[a]

Minimum lot area: five acres.

[b]

Minimum lot width: 200 feet.

[c]

Minimum front yard setback: 200 feet.

[d]

Minimum side yard setback: 75 feet.

[e]

Minimum rear yard setback: 50 feet.

[f]

Maximum lot coverage: 30%.

[g]

Maximum building height: 35 feet.

[h]

Minimum buffer: 50 feet.

[3]

Class 2 through 4.

[a]

Minimum lot area: 40,000 square feet.

[b]

Minimum lot width: 100 feet.

[c]

Minimum front yard setback: 75 feet.

[d]

Minimum side yard setback: 50 feet.

[e]

Minimum rear yard setback: 65 feet.

[f]

Maximum lot coverage: 70%.

[g]

Maximum building height: 35 feet.

[h]

Minimum buffer: 50 feet.

[i]

Class 1 and Class 2 uses in an AG Zone are limited to those activities consistent with the definition of "agricultural or horticultural purpose or use" and/or "agricultural products processing facility."

[j]

Class 3 and Class 4 are not permissible in an AG Zone.

[4]

Class 5 and 6.

[a]

Minimum lot area: 20,000 square feet.

[b]

Minimum lot width: 100 feet.

[c]

Minimum front yard setback: 50 feet.

[d]

Minimum side yard setback: 20 feet.

[e]

Minimum rear yard setback: 50 feet.

[f]

Maximum lot coverage: 70%.

[g]

Minimum buffer: 25 feet.

[h]

Class 5 and Class 6 are permitted in an AG Zone, provided they meet the applicable standards for roadside retail sales and services establishments as outlined in N.J.A.C. 5.24(b)1.[5]

[5]

Editor's Note: See N.J.A.C. 7:50-5.24(b)1.

[i]

Class 6 uses in Pinelands Zones are subject to the following permissions and/or limitations:

Pinelands Management Area	Zoning District		Class 6 Delivery
Forest Area	FD-10	Forest Residential 10	Limited¹
Forest Area	FD-40	Forest Residential 40	Limited¹
Agricultural Production Area	AG	Agriculture Production	Limited¹
Rural Development Area	RD-A	Rural Development Agriculture	Permitted
Rural Development Area	RD-C	Rural Development Commercial	Permitted
Rural Development Area	RD-RR	Rural Development Residential Receiving	Permitted (Not recommended)
Rural Development Area	RD-RS	Rural Development Residential Sending	Permitted (Not recommended)
Regional Growth Area	RG-30	Regional Growth Residential 30	Not permitted - RGA Residential Zone
Regional Growth Area	RG-40	Regional Growth Residential 40	Not permitted - RGA Residential Zone
Regional Growth Area	RG-C	Regional Growth Commercial	Permitted
Regional Growth Area	RG-LI	Regional Growth Light Industrial	Permitted
Regional Growth Area	RG-MR	Regional Growth Moderate Residential	Not permitted - RGA Residential Zone
Regional Growth Area	RG-MU	Regional Growth Mixed Use	Limited²
Regional Growth Area	RG-PR	Regional Growth Planned Residential	Not permitted - RGA Residential Zone
Regional Growth Area	RG-RA	Regional Growth Residential Age-Restricted	Not permitted - RGA Residential Zone
Regional Growth Area	RG-TC	Regional Growth Town Commercial	Permitted
Regional Growth Area	St. Mary's Redevelopment Area		Not permitted - RGA Residential Zone
Regional Growth Area	Williamstown Square Redevelopment Area		Limited³
Regional Growth Area	Acme Redevelopment Area		Limited³

¹	Class 6 licensed facilities may be permitted if they met the standards for "roadside retail sales and service establishments" within a Pinelands Forest Area [N.J.A.C. 7:50-5.23(b)6] or Pinelands Agricultural Production Area [N.J.A.C. 7:50-5.24(b)1]
²	Only permitted if part of the community commercial use component of a mixed-use development.
³	Only permitted as part of a planned mixed-use development in accordance with the existing certified redevelopment plan.

(5)

Site plan approval.

(a)

Site plan approval shall be required of all cannabis related development, with the exception of Class 6 related facilities, wherein the applicant seeking office space in an existing building may request a site plan waiver in lieu of a minor site plan. As a condition to said waiver, parking allotments shall not exceed the permissible spots of the square footage of the area requested, unless previously granted through waiver by a prior site plan.

(b)

As part of the site plan approval requirements, the following shall be submitted by all cannabis businesses:

[1]

A safety and security plan, including the following:

[a]

Facility layout and floor plan showing secure access zones, vaults, and entry points.

[b]

Video surveillance system details: 24/7 recording, camera placement, retention for at least 30 days (as per N.J.A.C. 17:30-9.10(b)).

[c]

Alarm system with motion detectors, panic buttons, and remote monitoring.

[d]

Access control measures: badge system, limited access areas, logs.

[e]

Employee background checks and training programs.

[f]

Visitor procedures (sign-in, escorts).

[g]

Inventory control via CRC-approved seed-to-sale tracking.

[h]

Incident reporting procedures to local law enforcement and CRC.

[2]

Emergency services access plan, including the following:

[a]

Site access plans for fire, police, EMS vehicles.

[b]

Fire lanes and unobstructed access around buildings.

[c]

Knox Box or similar secure key access system.

[d]

Floor plans with clear labeling of all access/egress points.

[e]

Evacuation plans posted and practiced (as per OSHA standards).

[f]

Fire suppression systems, extinguisher locations, and MSDS for chemicals.

[g]

Emergency contacts list provided to first responders.

[3]

Hazardous materials inventory, including the following:

[a]

List of all hazardous substances stored or used on-site (e.g., fertilizers, pesticides, CO²).

[b]

Quantity, storage location, and MSDS sheets for each item.

[c]

Storage method (e.g., secondary containment, flammable cabinets).

[d]

Handling and spill response procedures.

[e]

Staff training procedures for handling and emergency response.

[4]

Environmental impact statement, including the following:

[a]

Anticipated energy usage, including lighting and HVAC.

[b]

Air quality control measures (esp. odor mitigation).

[c]

Water usage estimates and recycling systems.

[d]

Stormwater management plans.

[e]

Impact on wetlands (if applicable).

[f]

Waste/byproduct generation and disposal methods.

[g]

Odor control system design and expected effectiveness.

[5]

Waste control plan, including the following:

[a]

Types of waste: plant material, chemical waste, packaging, wastewater.

[b]

Segregation and labeling of cannabis vs. non-cannabis waste.

[c]

Rendering cannabis waste "unusable and unrecognizable" (e.g., with soil or kitty litter), per N.J.A.C. 17:30-9.13.

[d]

Use of licensed waste disposal vendors.

[e]

Recordkeeping of all waste disposal (logs, manifests).

[f]

Secure storage of waste before pickup (locked dumpsters/rooms).

[6]

Water conservation plan, including the following:

[a]

Estimated daily and monthly water usage.

[b]

Plans for recycling or reusing graywater, especially for hydroponic systems.

[c]

Use of efficient irrigation methods (e.g., drip systems).

[d]

Rainwater capture systems.

[e]

Monitoring and leak detection strategies.

[f]

Employee training on water-efficient practices.

[g]

See § 175-163.4E(6)(k).

(c)

The Township may, at the time of site plan approval or amendment, impose any condition related to the proposed use that is reasonably necessary to protect the public health, safety, or welfare, not inconsistent with the permitting authority requirements, including, but not limited to the following:

[1]

Additional security requirements.

[2]

Limits and requirements on parking and traffic flows.

[3]

Requirements for walls, doors, windows, locks, and fences.

[4]

Requirements and limits on ventilation and lighting.

[5]

Limits on hours of operations.

[6]

Requirements for vegetative screening.

(d)

As a condition of approval for all site plan applications, the applicant shall supply the Board with current local and state licenses to operate the facility. The Township shall not sign any site plans until both licenses have been received.

(6)

Maximum number of facilities.

(a)

A maximum of eight retail cannabis business establishments, operating under Class 5, shall be permitted within the Township.

(b)

There shall be no limit on the number of Class 1, 2, 3, 4 or 6 facilities that are permitted within the Township.

Design standards.

(1)

Distance requirements.

(a)

Any cannabis-related building or principal structure, signage, or other site amenity relating to cannabis shall not be located within 1,000 feet to a property line for any public or private elementary, vocational, or secondary school that houses children. Distance shall be measured from the nearest point of the building, signage, or other site amenity relating to cannabis. This restriction should not apply to offices or educational admin buildings which do not house children.

(b)

No Class 5 retail cannabis establishment shall be located within 2,500 feet of another Class 5 retail cannabis establishment. The distance shall be measured in a straight line from the closest points of the buildings used for retail cannabis operations. This restriction shall not apply to any Class 5 retail cannabis establishment that is actively operating with all required local and state approvals as of the effective date of this provision, nor shall it apply to any such establishment that has received a formal letter of support or conditional municipal approval from the Township prior to the enactment of this amendment. All new applications for Class 5 retail licensure submitted after the effective date of this subsection shall be subject to this spacing requirement.

(2)

Buffer requirements.

(a)

All buffers shall comply with the requirements set forth under § 175-93, Buffers, or as otherwise noted herein.

(b)

Buffers shall be either planted and landscaped or be comprised of mature forest area.

(3)

Parking and loading.

(a)

Parking requirements for retail cannabis businesses.

[1]

A retail cannabis business establishment shall be required to provide one space per 150 square feet of gross floor area.

[2]

Retail cannabis businesses shall also follow the parking regulations set forth in § 175-123 of the Township's Land Management chapter, unless such establishments are located within an area governed by a redevelopment plan, in which case the parking standards set forth in the redevelopment plan shall control.

(b)

Parking requirements for all other cannabis businesses.

[1]

All nonretail cannabis business establishments shall be required to provide no less than one space per 1,000 square feet of gross floor area plus one stall per employee on the maximum employee shift.

[2]

All nonretail cannabis businesses shall also follow the parking regulations set forth in § 175-123 of the Township's Land Management Chapter, unless such establishments are located within an area governed by a redevelopment plan, in which case the parking standards set forth in the redevelopment plan shall control.

(c)

Loading requirements.

[1]

Retail and nonretail cannabis business establishments shall adhere to § 175-123I regarding required loading areas.

(4)

Signage and display of products.

(a)

All retail and nonretail business establishments shall adhere to § 175-135C regarding signage requirements.

(b)

In addition to the standards outlined within § 175-135C, the following requirements shall apply to both retail and nonretail establishments:

[1]

The following words shall be prohibited from appearing on any sign: "cannabis," "marijuana," "pot," "weed" and any other commonly known nickname of cannabis.

[2]

No cannabis products shall be displayed in any windows or doors.

(5)

Operational requirements.

(a)

Public consumption of cannabis products is prohibited, except that consumption lounges are permitted as specifically set forth herein. "Consumption lounges" are defined as the public consumption of cannabis products purchased from the Class 5 retail cannabis business on-site and attached to that consumption lounge, which complies with the following:

[1]

Consumption of cannabis products not purchased from the on-site retail cannabis business is prohibited.

[2]

The entire perimeter of the consumption lounge shall be enclosed and secure and only accessible internally via the cannabis retail business principal building, except for emergency exits.

[3]

(b)

All cannabis businesses shall be subject to health and safety review, inspection, and enforcement.

(c)

All cannabis businesses shall abide by N.J.A.C. Subchapter 17: Monitoring, enforcement actions, and appeal rights.[6]

[6]

Editor's Note: See N.J.A.C. 17:30-20.1 et seq.

(d)

Any cannabis business conducting deliveries to a residential dwelling shall adhere to N.J.A.C. 17:30-12.8.

(e)

A cannabis business operations manual is required for any cannabis business as outlined in N.J.A.C. 17:30-9.6.

(f)

Any cannabis microbusiness, as defined in the "cannabis regulations" shall comply with N.J.A.C. 17:30-6.7. A cannabis microbusiness shall be limited to 10 employees and premises no larger than 2,500 square feet.

(g)

All cannabis businesses shall comply with the following regarding odor:

[1]

A cannabis business shall provide an odor management plan, which shall contain details for air treatment and exhaust.

[2]

All cannabis businesses must provide adequate HVAC air-quality equipment.

[3]

Cannabis odor must not permeate outside any cannabis business establishment. This must be demonstrated in the odor management plan.

[4]

All cannabis businesses shall adhere to generally applicable Township ordinances regulating odor emissions.

[5]

All retail cannabis businesses must follow the protocols set forth in the Clean Air Act.

(h)

All cannabis businesses shall comply with the following regarding noise:

[1]

All cannabis businesses shall adhere to all generally applicable noise ordinances and regulations of the Township.

[2]

All nonretail cannabis businesses shall take such sound mitigation measures as may be necessary, including, but not limited to, the installation of insulation if appropriate.

[3]

All nonretail cannabis businesses shall adhere to the requirements of N.J.A.C. 7:29.

(i)

All cannabis businesses shall comply with the following regarding hours of operation and security:

[1]

All Class 5 cannabis facilities and consumption lounges shall only be permitted to operate from 10:00 a.m. to 10:00 p.m.

[2]

At least one licensed armed security guard shall be on-site at all times during a retail cannabis business's hour of operation.

[3]

At least one licensed security guard shall be on-site at all times during the hours outside a cannabis cultivator's (outdoor and indoor) hours of operation. In addition, if cannabis is present on-site during the cultivator's normal hours of operation but no employees or staff members are present, a licensed security guard shall be on-site during that time as well. However, if no cannabis is actively being cultivated, stored, or otherwise present on-site, the requirement for a licensed security guard shall not apply, provided that clear and visible signage is posted at all site entrances stating that no cannabis is currently located on the premises.

[4]

All patrons must be screened by said security employee and patrons must demonstrate proof of minimum age (21 years old).

[5]

All nonretail cannabis businesses shall adhere to the generally applicable hours of operation for manufacturing and light industrial businesses within the Township.

[6]

Security alarm system installation must follow the requirements as proscribed in N.J.A.C. 17:30-9.10.

(j)

All cannabis businesses shall comply with the following capacity restrictions:

[1]

A maximum of 30 patrons per 1,500 square feet of gross floor area shall be permitted in any retail cannabis business establishment. By way of clarification, floor area which is not accessible to customers (e.g., storage) shall not be included in the gross floor area for purposes of this calculation. The business's security employees shall monitor patron capacity and restrict entry if necessary.

(k)

Exterior loitering and security. People shall not be permitted to congregate outside of a dispensary, loiter or wait in line to access the dispensary.

(l)

All retail cannabis facilities shall implement an electronic messaging system to notify customers when they are permitted to enter the facility at times when capacity is exceeded.

(m)

All cannabis retail businesses shall adhere to N.J.A.C. 17:30-12.4 with regard to curbside retail sales.

(n)

All cannabis businesses shall adhere to N.J.A.C. 17:30-9.12 regarding storage. All cannabis retail businesses shall adhere to N.J.A.C. 17:30-12.7 regarding storage.

(o)

All cannabis businesses shall follow inventory regulations as set forth in N.J.A.C. 17:30-9.13

(6)

General provisions.

(a)

All cultivation operations shall occur within a principal building or structure. Outdoor cultivation operations shall occur within greenhouses or other structures defined as principal structures pursuant to § 175-11, or within fully enclosed outdoor areas in accordance with the definition of "cannabis cultivation, outdoor."

(b)

Cannabis businesses shall comply with all respective signage regulations in Chapter 175 entitled "Land Management." External signage shall be limited to text and business logo, so long as it does not include a cannabis plant leaf or outward glorification of cannabis consumption.

(c)

Cannabis businesses shall have security systems in place, along with a continuous recording system that records for a minimum thirty-day archive. The security cameras must be internet protocol (IP) cameras capable of providing real time footage over the internet. Operators must provide the Monroe Township Police Department with access to this real-time camera footage in case of an emergency.

(d)

Cannabis businesses shall provide the Monroe Township Police Department with the name and phone number of a staff person to notify during suspicious activity during or after operating hours.

(e)

Cannabis businesses shall have security staff on the premises during all hours of operation.

(f)

Access to cannabis businesses shall be limited to authorized persons only.

(g)

Businesses shall properly dispose of all materials and other substances in a safe and sanitary manner in accordance with state regulations.

(h)

Cannabis businesses shall be equipped with ventilation systems sufficient in type and capacity to eliminate cannabis odors emanating from the interior to the exterior of the premises discernible by reasonable persons. The ventilation system must be inspected and approved by the Construction Official.

(i)

In no case shall a cannabis facility operate or be located on land that is valued, assessed, or taxed as an agricultural or horticultural use pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:42-3.1 et seq.). Properties that are farmland assessed prior to use for cannabis facilities shall have the farmland assessment removed prior to commencement of operations.

(j)

Outdoor cultivation buildings utilizing interior lighting will likely extend beyond sunset, and light trespass at night should be prevented through the use of blackout shades with side tracking or other comparable technologies, activated dusk to dawn. All outdoor lighting shall comply with Township ordinance.

(k)

All locks on gates or doors for outdoor cultivation buildings or fencing shall be commercial grade, non-residential.

(l)

The cultivation facilities within greenhouses or other principal outdoor cultivation structures must be designed to maximize solar energy use and minimize the use of other energy sources. The applicant shall maintain the design of the buildings on the site in accordance with the approved plans (e.g., floor plans and site plans).

(m)

Local license holders and cannabis facilities shall perform interval testing for malodors no less frequently than monthly. Odor samples shall be taken by one designee of the cannabis facility, utilizing a device known as an "olfactometer." This representative shall be appropriately trained in how to operate the olfactometer and to record sample data prior to performing any interval testing. Samples shall be taken from at least five separate locations located along the lot perimeter, with at least one sample collected from the north, south, east, and west of the cannabis facility.

(n)

Local license holders and all cannabis facilities must maintain adequate and accurate books and records that provide a true accounting of all interval testing for malodors, including dates and times of samples, reading locations, reading levels, and the names of all operators of the olfactometer, including their training history.

(o)

The Township shall have the power and authority to enter any cannabis facility at any time and have access to the testing records of such business for the purpose of ascertaining compliance with this chapter.

(p)

Adhere to all additional outdoor cultivation requirements pursuant to N.J.A.C. 17:30-10.3.

Consumption areas.

(1)

No public consumption areas of cannabis are permitted other than that authorized in Township-licensed consumption lounges. This section shall not be construed to prohibit the private consumption of cannabis products on private property as permitted by law.

(2)

Approved cannabis consumption lounges must be attached to the licensed retail space.

(3)

Local cannabis tax.

(1)

Section 40 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),[7] authorizes Monroe Township to adopt an ordinance imposing the following transfer and user taxes on all cannabis businesses within its borders:

(a)

Two percent of all receipts from the sale of cannabis by a cannabis cultivator.

(b)

Two percent of all receipts from the sale of cannabis by a cannabis manufacturer.

(c)

One percent of all receipts from the sale of cannabis by a cannabis wholesaler.

(d)

Two percent of the gross receipts from each sale by a cannabis retailer.

(e)

For any concurrent license holder operating more than one cannabis establishment, a user tax, at the equivalent transfer tax rates on the value of each transfer or use of cannabis items not otherwise subject to the transfer tax shall apply, from the license holder's establishment located within the Township to any of the other license holder's establishments.

[7]

Editor's Note: See N.J.S.A. 40:48I-1.

(2)

Such transfer and user taxes imposed shall be in addition to any other tax imposed by law.

(3)

The transfer tax or user tax shall be collected or paid and remitted to the Township by the cannabis business from the cannabis business purchasing or receiving the cannabis. The transfer tax or user tax shall be stated, charged, and shown separately on any sales slip, invoice, receipt, or other statement or memorandum of the price paid or payable, or the equivalent value of the transfer for the cannabis. Each person required to collect the tax herein imposed shall be personally liable for the tax imposed, collected or required to be collected hereunder.

(4)

All revenues collected from a transfer and user tax shall be remitted to the Township's Chief Financial Officer in a manner prescribed by the municipality.

(5)

Enforcement of the payment of delinquent taxes or transfer fees shall follow (same manner for municipal real estate taxes).

Violations and penalties. Any person(s) or entity(ies) found to be in violation of any of the aforementioned Sections shall be subject to the penalties under Article XV of this chapter.

Regulation of medical cannabis. Nothing in this section shall regulate or apply to medical cannabis.

[1]

Editor's Note: See August 10, 2021 letter from the New Jersey Pinelands Commission, incorporated and made a part of this ordinance and included as an attachment to this chapter.