Cinnaminson Township
City Zoning Code

§ 525-97

Permitted conditional uses; conditions.

[Added 12-22-1980 by Ord. No. 1980-22; amended 11-10-1986 by Ord. No. 1986-22; 8-19-1992 by Ord. No. 1992-14; 2-20-2002 by Ord. No. 2002-1]

The following uses subject to the specifications and standards set forth below are hereby permitted, subject to approval by the Planning Board, or the Zoning Board of Adjustment where provided by law, as conditional uses:

Fast-food/drive-through restaurants in commercial districts and business development districts, subject to the following conditions, standards and specifications:

A "fast-food/drive-through" restaurant is hereby defined as a commercial establishment where food and drink are prepared on the premises for consumption within the restaurant, in the purchaser's vehicle or off the premises. Any restaurant established with a drive-through window shall be considered a fast-food/drive-through restaurant.

A traffic impact study prepared by a licensed professional engineer shall be submitted by an applicant for a proposed fast-food/drive-through restaurant or a conversion of an existing facility into a fast-food/drive-through restaurant. The traffic impact study shall include, but not be limited to, estimates of the amount of vehicles to be utilizing the drive-through facility and the impact of the same on traffic patterns on the abutting highway and/or road, whichever the case may be.

Site design shall provide for adequate, safe and efficient parking and circulation. The following design criteria shall be considered for all fast-food/drive-through restaurant sites:

Adequate vehicle stacking space shall be provided throughout the drive through aisle. As a minimum, five vehicle spaces shall be provided between the drive through pickup window and the menu board, and an additional five vehicle spaces shall be provided approaching the menu board.

A bypass lane shall be provided adjacent to the drive-through lane to permit vehicles to exit the drive-through aisle at any point prior to the pickup window.

Vehicle stacking areas shall in no way interfere with vehicle or pedestrian circulation patterns. The drive-through aisles shall be physically separated from the remainder of site traffic and shall be compatible with the orientation of traffic flow within the site.

Adequate sight distance for safety purposes shall be provided both on- and off-site with regard to all vehicle operations and maneuvers.

All access to and from fast food/drive-through facilities shall be via major state or county highways or local public streets or other minor roadways not located in residential zones. No access shall be permitted from minor residential streets or other minor roadways in residential zones.

[Amended 6-1-2015 by Ord. No. 2015-4]

Configuration of the drive through aisle shall be adequate to accommodate vehicle operations through the driveway aisle and parking areas.

The location of trash receptacle enclosures shall not conflict with loading areas, drive-through aisles, circulations or parking areas.

The menu board shall be equipped with a speaker box for placing orders.

A minimum setback/buffer of 20 feet shall be provided along the property line on the side of the building with the drive-through/pickup window. The buffer shall be heavily planted with appropriate evergreen trees and shrubs to provide a visual and noise barrier between the drive-through restaurant and adjacent properties. The buffer distance shall be measured from the property line to the nearest edge of paving of the drive-through or escape aisle. This buffer may be waived by the Planning Board where a hardship due to site constraints is evident. However, a suitable fence and extra plantings shall be provided to compensate for the loss of the buffer area. This requirement shall be used in conjunction with the requirements contained in § 525-67, which addresses lots abutting residential zones.

Fast food/drive-through structures, including a drive-through order podium or similar device, but not including fences or other screening, shall not be developed within 100 feet of any residential structure. In the event such a facility is developed between 100 and 200 feet of any residential structure, landscape buffering and a solid barrier shall be provided at the property line closest to the residential structure designed to mitigate visual and aural impacts to the residential dwelling. The barrier shall be consistent with site architecture and given a pleasing aesthetic design. The applicant shall provide a noise study demonstrating that the noise emanating from the site of the facility will be at all times in compliance with New Jersey Department of Environmental Protection noise regulations.

[Amended 6-1-2015 by Ord. No. 2015-4]

Design standards for golf course/club/country club. All of these standards may not be achievable on every site plan; for this reason, each application shall be carefully considered on its merits and waivers may be granted where appropriate.

[Added 2-15-2010 by Ord. No. 2010-2]

The design, operation and maintenance of a golf course shall be governed by the USGA's Environmental Principles for Golf Courses in the United States. The golf course shall be designed so as to be eligible to receive a USGA course rating and slope rating as defined in the USGA Handicap System. Putting greens shall be constructed following the USGA's Recommendation for a Method of Putting Green Construction or by another method approved by the Land Use Board.

Disturbance of wooded areas. Where a golf course is proposed in an area of mature forest, no more than 25% of the mature trees may be removed.

Setback requirements.

The minimum spacing between a fairway, green, or tee and any lot line shall be 100 feet.

The minimum spacing between any permitted accessory structure to a golf course and any lot line shall be 150 feet.

The minimum spacing between a building and a natural watercourse shall be 100 feet.

The maximum height of any structure shall be 35 feet.

The floor area ratio for all structures on a single lot shall not exceed 0.01.

Lot frontage.

A golf course is required to provide at least two safe and efficient access and egress points from one or more public roads. One of the two accesses may be provided only for emergency access. The two means of access and egress shall be connected internally, and the curb cuts shall be spaced at least 200 feet apart. A golf course should be located in reasonable proximity to a county road.

Where a lot abuts an existing public street, the minimum lot frontage shall be 50 feet.

Deed restrictions. Site plans shall be required to provide appropriate deed restrictions. The legal instrument shall be drafted in general accordance with the recommendations and language contained in Appendix 4 of this chapter.[1]

Conservation easements shall be required for all waterways, wetland areas and required transition areas.

Critical areas outside the area of disturbance shall contain conservation easements. These critical areas shall include slopes in excess of 35%, floodplains and open water bodies.

All site plans shall contain a reference to any required conservation easement.

Editor's Note: Appendix 4 is on file in the office of the Township Clerk.

Landscaping.

Existing vegetation shall be preserved in areas where disturbance is not necessary.

Where landscaping is proposed, native species only shall be utilized in the design.

Where structures are located in woodlands, a treed area of at least 30 feet between structures and the roadway shall be retained.

Lighting.

The intent of lighting is to ensure that it contributes to the character and safety of the site and its use without disturbing adjacent development. Lighting shall be provided within parking lots and along pedestrian walkways. Lighting fixtures shall be limited to heights of 24 feet for parking lots and 16 feet for pedestrian walkways. All lighting shall be shielded from producing off-site glare, either through exterior shields or through optical design inside the fixture, so that the direction of the light is downward. Light fixtures attached to the exterior of a building shall be designed to be architecturally compatible with the style, materials, colors and details of such building and other lighting fixtures used on the site. Consideration shall also be given to the type of light source utilized and the light quality such produces. Neon facade signs are prohibited. The type of light source used on buildings, signs, parking areas, pedestrian walkways and other areas of a site shall be the same or compatible. The use of low-pressure sodium or mercury vapor lighting either attached to buildings or to light the exterior of buildings shall be prohibited.

Parking lots shall be adequately lighted for both motorists and pedestrians.

Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objectives of these specifications are to minimize undesirable off-premises effects.

No light shall shine into building windows, or onto streets and driveways so as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. Wall-mounted fixtures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.

Concrete engineered structures. In any development, some engineered structures are necessary for access and drainage. In order to accommodate the installation of infrastructure while reducing its impact, the following standards shall apply:

Visible structures such as curbing, culverts, walls and outlet structures shall not be stark white.

The use of dyed and textured concrete as well as the use of other natural materials is required to minimize the visual impact of these structures. Such concrete shall be of natural earth colors in the range of grays to browns.

Guardrails. Guardrails shall be constructed of wood. They will be required with side slopes steeper than three to one (3:1) and depths greater than nine feet.

One illuminated sign not exceeding 18 square feet shall be permitted; except that illuminated directional and traffic signs are permitted within the golf course, provided that they are screened from the road and residential properties and not greater than two square feet.

There shall be four parking spaces per hole and five spaces per 1,000 square feet of gross floor area. All parking spaces can be satisfied using grass paver blocks or similar semi-impervious building material. Parking areas shall be screened from view of all residential property and roads.

All interior roads and travel lanes shall be designed so as not to create a dust nuisance onto adjacent property. The Planning Board may require interior roads and travel lanes to be paved to prevent dust nuisances on adjacent properties.

Parking areas and buildings shall be screened from view of residential properties and roads to the extent practical, except that a gatehouse may be visible from the road of a golf course.

Water quality protection.

The golf course shall be designed using grasses and other plants that minimize, to the extent practical, the use of pesticides, fertilizers and water.

A golf course shall have a suitable wash area for the cleaning of lawn mowers and equipment. The wash area shall be at least 100 feet from any natural watercourse.

No pesticide, herbicide, or fertilizer shall be utilized within 100 feet of any natural watercourse.

A golf course shall comply with all federal, state, county and local environmental and health regulations.

The conservation of water should be encouraged. The use of surface water, captured rainwater and recycled water is encouraged for irrigation purposes.

Assurances shall be provided that any adverse impacts on groundwater or surface water quality resulting from the golf course will be mitigated by the owner. The applicant shall provide for the monitoring of water quality of the groundwater and surface water resources associated with the golf course. The monitoring program, including the timing and frequency of testing and the identification of chemical parameters to be tested, shall be established by the approving authority at the time the integrated turf management plan and integrated pesticide and pest management plan are approved as part of the conditional use application. The monitoring program shall be consistent with the guidelines established for monitoring plans by the New Jersey Department of Environmental Protection (NJDEP), Bureau of Water Quality Analysis. The results and finding of any water quality monitoring shall be submitted by the owner to the Township for monitoring purposes.

The golf course shall make provisions for the travel and habitation of wildlife and shall provide for wildlife corridors and other wildlife utilization as may be accommodated by the site. Where appropriate wildlife habitat exists, the golf course shall be encouraged to register with the Audubon Cooperative Sanctuary Program.

Cinnaminson Township
City Zoning Code

§ 525-97

Permitted conditional uses; conditions.

[Added 12-22-1980 by Ord. No. 1980-22; amended 11-10-1986 by Ord. No. 1986-22; 8-19-1992 by Ord. No. 1992-14; 2-20-2002 by Ord. No. 2002-1]

The following uses subject to the specifications and standards set forth below are hereby permitted, subject to approval by the Planning Board, or the Zoning Board of Adjustment where provided by law, as conditional uses:

Fast-food/drive-through restaurants in commercial districts and business development districts, subject to the following conditions, standards and specifications:

A "fast-food/drive-through" restaurant is hereby defined as a commercial establishment where food and drink are prepared on the premises for consumption within the restaurant, in the purchaser's vehicle or off the premises. Any restaurant established with a drive-through window shall be considered a fast-food/drive-through restaurant.

A traffic impact study prepared by a licensed professional engineer shall be submitted by an applicant for a proposed fast-food/drive-through restaurant or a conversion of an existing facility into a fast-food/drive-through restaurant. The traffic impact study shall include, but not be limited to, estimates of the amount of vehicles to be utilizing the drive-through facility and the impact of the same on traffic patterns on the abutting highway and/or road, whichever the case may be.

Site design shall provide for adequate, safe and efficient parking and circulation. The following design criteria shall be considered for all fast-food/drive-through restaurant sites:

Adequate vehicle stacking space shall be provided throughout the drive through aisle. As a minimum, five vehicle spaces shall be provided between the drive through pickup window and the menu board, and an additional five vehicle spaces shall be provided approaching the menu board.

A bypass lane shall be provided adjacent to the drive-through lane to permit vehicles to exit the drive-through aisle at any point prior to the pickup window.

Vehicle stacking areas shall in no way interfere with vehicle or pedestrian circulation patterns. The drive-through aisles shall be physically separated from the remainder of site traffic and shall be compatible with the orientation of traffic flow within the site.

Adequate sight distance for safety purposes shall be provided both on- and off-site with regard to all vehicle operations and maneuvers.

All access to and from fast food/drive-through facilities shall be via major state or county highways or local public streets or other minor roadways not located in residential zones. No access shall be permitted from minor residential streets or other minor roadways in residential zones.

[Amended 6-1-2015 by Ord. No. 2015-4]

Configuration of the drive through aisle shall be adequate to accommodate vehicle operations through the driveway aisle and parking areas.

The location of trash receptacle enclosures shall not conflict with loading areas, drive-through aisles, circulations or parking areas.

The menu board shall be equipped with a speaker box for placing orders.

A minimum setback/buffer of 20 feet shall be provided along the property line on the side of the building with the drive-through/pickup window. The buffer shall be heavily planted with appropriate evergreen trees and shrubs to provide a visual and noise barrier between the drive-through restaurant and adjacent properties. The buffer distance shall be measured from the property line to the nearest edge of paving of the drive-through or escape aisle. This buffer may be waived by the Planning Board where a hardship due to site constraints is evident. However, a suitable fence and extra plantings shall be provided to compensate for the loss of the buffer area. This requirement shall be used in conjunction with the requirements contained in § 525-67, which addresses lots abutting residential zones.

Fast food/drive-through structures, including a drive-through order podium or similar device, but not including fences or other screening, shall not be developed within 100 feet of any residential structure. In the event such a facility is developed between 100 and 200 feet of any residential structure, landscape buffering and a solid barrier shall be provided at the property line closest to the residential structure designed to mitigate visual and aural impacts to the residential dwelling. The barrier shall be consistent with site architecture and given a pleasing aesthetic design. The applicant shall provide a noise study demonstrating that the noise emanating from the site of the facility will be at all times in compliance with New Jersey Department of Environmental Protection noise regulations.

[Amended 6-1-2015 by Ord. No. 2015-4]

Design standards for golf course/club/country club. All of these standards may not be achievable on every site plan; for this reason, each application shall be carefully considered on its merits and waivers may be granted where appropriate.

[Added 2-15-2010 by Ord. No. 2010-2]

The design, operation and maintenance of a golf course shall be governed by the USGA's Environmental Principles for Golf Courses in the United States. The golf course shall be designed so as to be eligible to receive a USGA course rating and slope rating as defined in the USGA Handicap System. Putting greens shall be constructed following the USGA's Recommendation for a Method of Putting Green Construction or by another method approved by the Land Use Board.

Disturbance of wooded areas. Where a golf course is proposed in an area of mature forest, no more than 25% of the mature trees may be removed.

Setback requirements.

The minimum spacing between a fairway, green, or tee and any lot line shall be 100 feet.

The minimum spacing between any permitted accessory structure to a golf course and any lot line shall be 150 feet.

The minimum spacing between a building and a natural watercourse shall be 100 feet.

The maximum height of any structure shall be 35 feet.

The floor area ratio for all structures on a single lot shall not exceed 0.01.

Lot frontage.

A golf course is required to provide at least two safe and efficient access and egress points from one or more public roads. One of the two accesses may be provided only for emergency access. The two means of access and egress shall be connected internally, and the curb cuts shall be spaced at least 200 feet apart. A golf course should be located in reasonable proximity to a county road.

Where a lot abuts an existing public street, the minimum lot frontage shall be 50 feet.

Deed restrictions. Site plans shall be required to provide appropriate deed restrictions. The legal instrument shall be drafted in general accordance with the recommendations and language contained in Appendix 4 of this chapter.[1]

Conservation easements shall be required for all waterways, wetland areas and required transition areas.

Critical areas outside the area of disturbance shall contain conservation easements. These critical areas shall include slopes in excess of 35%, floodplains and open water bodies.

All site plans shall contain a reference to any required conservation easement.

Editor's Note: Appendix 4 is on file in the office of the Township Clerk.

Landscaping.

Existing vegetation shall be preserved in areas where disturbance is not necessary.

Where landscaping is proposed, native species only shall be utilized in the design.

Where structures are located in woodlands, a treed area of at least 30 feet between structures and the roadway shall be retained.

Lighting.

The intent of lighting is to ensure that it contributes to the character and safety of the site and its use without disturbing adjacent development. Lighting shall be provided within parking lots and along pedestrian walkways. Lighting fixtures shall be limited to heights of 24 feet for parking lots and 16 feet for pedestrian walkways. All lighting shall be shielded from producing off-site glare, either through exterior shields or through optical design inside the fixture, so that the direction of the light is downward. Light fixtures attached to the exterior of a building shall be designed to be architecturally compatible with the style, materials, colors and details of such building and other lighting fixtures used on the site. Consideration shall also be given to the type of light source utilized and the light quality such produces. Neon facade signs are prohibited. The type of light source used on buildings, signs, parking areas, pedestrian walkways and other areas of a site shall be the same or compatible. The use of low-pressure sodium or mercury vapor lighting either attached to buildings or to light the exterior of buildings shall be prohibited.

Parking lots shall be adequately lighted for both motorists and pedestrians.

Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objectives of these specifications are to minimize undesirable off-premises effects.

No light shall shine into building windows, or onto streets and driveways so as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. Wall-mounted fixtures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.

Concrete engineered structures. In any development, some engineered structures are necessary for access and drainage. In order to accommodate the installation of infrastructure while reducing its impact, the following standards shall apply:

Visible structures such as curbing, culverts, walls and outlet structures shall not be stark white.

The use of dyed and textured concrete as well as the use of other natural materials is required to minimize the visual impact of these structures. Such concrete shall be of natural earth colors in the range of grays to browns.

Guardrails. Guardrails shall be constructed of wood. They will be required with side slopes steeper than three to one (3:1) and depths greater than nine feet.

One illuminated sign not exceeding 18 square feet shall be permitted; except that illuminated directional and traffic signs are permitted within the golf course, provided that they are screened from the road and residential properties and not greater than two square feet.

There shall be four parking spaces per hole and five spaces per 1,000 square feet of gross floor area. All parking spaces can be satisfied using grass paver blocks or similar semi-impervious building material. Parking areas shall be screened from view of all residential property and roads.

All interior roads and travel lanes shall be designed so as not to create a dust nuisance onto adjacent property. The Planning Board may require interior roads and travel lanes to be paved to prevent dust nuisances on adjacent properties.

Parking areas and buildings shall be screened from view of residential properties and roads to the extent practical, except that a gatehouse may be visible from the road of a golf course.

Water quality protection.

The golf course shall be designed using grasses and other plants that minimize, to the extent practical, the use of pesticides, fertilizers and water.

A golf course shall have a suitable wash area for the cleaning of lawn mowers and equipment. The wash area shall be at least 100 feet from any natural watercourse.

No pesticide, herbicide, or fertilizer shall be utilized within 100 feet of any natural watercourse.

A golf course shall comply with all federal, state, county and local environmental and health regulations.

The conservation of water should be encouraged. The use of surface water, captured rainwater and recycled water is encouraged for irrigation purposes.

Assurances shall be provided that any adverse impacts on groundwater or surface water quality resulting from the golf course will be mitigated by the owner. The applicant shall provide for the monitoring of water quality of the groundwater and surface water resources associated with the golf course. The monitoring program, including the timing and frequency of testing and the identification of chemical parameters to be tested, shall be established by the approving authority at the time the integrated turf management plan and integrated pesticide and pest management plan are approved as part of the conditional use application. The monitoring program shall be consistent with the guidelines established for monitoring plans by the New Jersey Department of Environmental Protection (NJDEP), Bureau of Water Quality Analysis. The results and finding of any water quality monitoring shall be submitted by the owner to the Township for monitoring purposes.

The golf course shall make provisions for the travel and habitation of wildlife and shall provide for wildlife corridors and other wildlife utilization as may be accommodated by the site. Where appropriate wildlife habitat exists, the golf course shall be encouraged to register with the Audubon Cooperative Sanctuary Program.