Rockaway Township City Zoning Code
§ 54-30.62
PED Planned Economic Development District.
[Ord. No. 95-24 § 54-133; Ord. No. 99-19 § 6; Ord. No. 07-19 § 12; Ord. No. O-20-18; Ord. No. O-21-23; Ord. No. O-23-23]
A.
Permitted principal uses. The PED District is designed for:
(1)
Restricted manufacturing and industrial operations.
(2)
Warehousing.
(3)
Wholesale distribution centers.
(4)
Office buildings.
(5)
Commercial planned village center, subject to the regulatory controls set forth in Subsection 54-30.62G below.
(7)
Cannabis research and development facilities.
(9)
Cannabis testing facilities.
(10)
Fitness centers.
(11)
Indoor recreation.
B.
Permitted accessory uses. Accessory uses and structures permitted in the PED district are those uses and structures which are customarily incidental and subordinate to a permitted principal use. In case of a question concerning whether a use or structure is accessory to a permitted principal use, the determination thereof shall lie with the Zoning Board of Adjustment.
D.
Prohibited uses. No land or building shall be used or occupied for a use which will in any manner create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous condition, or radiation producing materials, noise or vibration, smoke, dust, odor or other form of air pollution, heat, cold, dampness, movement of air, electrical or other disturbances, glare, liquid or solid wastes in a manner or amount not conforming to the performance standards of this section. In addition, the following uses are specifically prohibited:
(1)
Residential construction or conversion.
(2)
Business construction or conversion, unless otherwise permitted in the above use regulations.
(3)
Public or commercial incineration or sanitary landfills.
(4)
Junkyards.
(5)
Dumps, lagoons or pits for the disposal or storage of garbage, trash, or any other liquid or solid waste material except by the municipality.
(6)
The dumping of any by-product or waste either liquid or solid of any industrial operation on site.
(7)
Mining, quarrying, sand, clay or gravel pits.
(8)
Tar plants.
(9)
Motor freight terminals, motor and truck transfer stations, motor and truck depots, motor and truck storage sites, truck stops, and truck repair facilities. "Motor freight terminal" is defined as a structure serving as a point or junction of a motor freight transportation line which may or may not include servicing facilities; a "motor and truck transfer station" is a structure serving as a point or junction of a transportation line; a "motor and truck storage site" is a structure or location for the storage of trucks or parts thereof, or truck cargoes; and a "truck stop" is a facility selling gasoline or diesel fuel, and further providing a restaurant or overnight accommodations. This prohibition is not intended to exclude warehousing and manufacturing uses to which trucking is ancillary.
(10)
The storage on site of any hazardous materials as referenced on the current Federal or State list of hazardous materials.
(11)
Residential, hotel, manufacturing, industrial, warehouse, auto repair, auto sales, service station, nursery, greenhouse and lumberyard uses shall be prohibited within the Commercial Planned Village Center.
E.
Required conditions.
(1)
Minimum lot area. There shall be a minimum lot area of two acres.
(2)
Minimum lot frontage. Each lot shall have a minimum lot frontage of 150 feet, measured along the front street right-of-way line.
(3)
Minimum front yard. No building shall be closer to the front street right-of-way line than 100 feet.
(4)
Minimum side and rear yards. No building shall be closer to a side or rear property line than 1.5 times the height of the building; provided no such setback shall be less than 50 feet, and further provided, no building shall be closer than 100 feet from a residential zone district boundary line or residential lot line.
(5)
Minimum distance between buildings. The minimum distance between buildings shall be a distance that is equal to the sum of the heights of the two buildings.
(6)
Maximum height. No building shall exceed a height of 50 feet.
(7)
Maximum impervious coverage. The total impervious coverage on any lot shall not exceed 60% of the total lot area; provided that if the lot is also located within the CWR district, the total impervious coverage shall not exceed 45% of the total lot area.
(8)
(Reserved)
(9)
Additional conditions for medical cannabis alternative treatment centers (which shall include medical cannabis clinical registrants, medical cannabis cultivators, medical cannabis dispensaries, and medical cannabis manufacturers), and for recreational cannabis uses (which shall include cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis distributors, cannabis retailers, and cannabis delivery services), cannabis testing facilities, and cannabis research and development facilities are as follows:
(a)
The requirements of this ordinance[1] are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provision of this ordinance is inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall govern.
[1]
Editor's Note: "This ordinance" refers to Ord. No. O-20-18.
(b)
Prior to the operation of any alternative treatment center, any recreational cannabis use, any cannabis testing facility, or any cannabis research and development facility, a license for such use must be obtained from the State of New Jersey and from the Township of Rockaway.
(c)
Site plan approval must be obtained from the Township of Rockaway Planning Board, or Board of Adjustment as the case may be.
(d)
An alternative treatment center, a recreational cannabis use, a cannabis testing facility, or a cannabis research and development facility shall, at all times, operate in complete compliance with the terms and conditions of its license(s) set forth by the State of New Jersey and the Township of Rockaway.
(e)
No alternative treatment center, no recreational cannabis use, no cannabis testing facility, and no cannabis research and development facility shall be housed in a vehicle or any movable or mobile structure.
(f)
There shall be a minimum setback of 200 feet from any medical cannabis alternative treatment center, recreational cannabis use, cannabis testing facility, and/or any cannabis research and development facility, to any public or private school, house of worship, child care center, or day care center, as measured from building to building.
(g)
It shall be unlawful for any person to dispense cannabis or cannabis products at a licensed alternative treatment center or recreational cannabis use location at any time other than between the hours of 8:00 a.m. and 10:00 p.m.
(h)
All alternative treatment centers, recreational cannabis uses, cannabis testing facilities, and/or cannabis research and development facilities shall be located in an indoor, structurally enclosed area.
F.
Performance standards. Prior to the issuance of any building or occupancy permit for any use in the PED district, the applicant shall submit sufficient evidence to the Planning Board showing compliance with the applicable approval procedures of all authorized governmental agencies and with all the following regulations:
(1)
Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the American Insurance Association or the Township Building Code or Fire Ordinance, whichever is more restrictive. All operations shall be carried on, and all combustible raw materials, fuels, liquids, and finished products shall be stored, in accordance with the standards of said regulations. Nothing contained herein shall be construed to permit the detonation of any explosive device on any premises as part of an industrial operation.
(2)
Radioactivity. Any activity which emits radioactivity ionizing or specific non-ionizing uses such as microwaves at any point outside the confines of a building or structure is prohibited as well as any industrial operation engaging in irradiation processing.
(3)
Smoke. There shall be no emission at any point, from any chimney or otherwise, of visible smoke.
(4)
Atmospheric pollutants. There shall be no emission from any building or from any site, fly ash, dust, fumes, vapors or gases.
(5)
Liquid or solid wastes. No use permitted in this district shall discharge untreated or treated industrial wastes of any kind into any reservoir, pond, lake, stream or on or in the ground. All methods of sewage and industrial waste treatment and disposal shall be approved by the Township Health Department and the New Jersey Department of Environmental Protection.
(6)
Vibration. No operation shall cause either air-induced vibration or ground transmitted vibration which is discernible to the human sense at any point beyond the immediate site on which such use is conducted.
(7)
Noise. There shall be no operational noise which is discernible to the human sense at any point beyond the immediate site on which such use is conducted.
(8)
Odors. There shall be no emission of odorous gases or other odorous matter discernible to the human sense at any point beyond the immediate site on which such use is conducted.
(9)
Glare. There shall be no direct or sky-reflected glare exceeding 0.5 of a footcandle measured at the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exits of service drives.
(10)
Traffic. There shall be no ingress or egress to any industrial operation as permitted and regulated by this section from any minor street or neighborhood through road as set forth on the Township Master Plan.
(11)
Additional standards for medical cannabis, recreational cannabis, cannabis testing facilities, and cannabis research and development facilities. In addition to the above, the following additional performance standards are established for alternative treatment centers (which shall include medical cannabis clinical registrants, medical cannabis cultivators, medical cannabis dispensaries, and medical cannabis manufacturers), recreational cannabis uses (which shall include cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis distributors, cannabis retailers, and cannabis delivery services), cannabis testing facilities, and cannabis research and development facilities are as follows:
(a)
Odor. An alternative treatment center, recreational cannabis use, cannabis testing facility, or cannabis research and development facility shall have equipment to mitigate cannabis-related odor. The building shall be equipped with a ventilation system with carbon filters sufficient in type and capacity to eliminate cannabis odors emanating from the interior of the premises. The carbon filters are required to be replaced regularly for the best effectiveness to mitigate odor. The ventilation system must be approved by the Township of Rockaway Division of Health and Building Department and may be subject to periodic inspection.
(b)
Noise. Outside generators and other mechanical equipment used for any kind of power supply, cooling or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.
(c)
Security. All facilities associated with cannabis shall be secured and shall have full-time security protocols. Security protocols shall be submitted to the Township of Rockaway Police Department for compliance review with all safety and security standards established by the State of New Jersey for alternative treatment centers, recreational cannabis uses, cannabis testing facilities, and/or cannabis research and development facilities. The Rockaway Township Police Department may, at their discretion and upon review of the proposed location, recommend or require additional safety and security measures.
G.
Supplemental regulations governing commercial planned village center. The purpose of the Commercial Planned Village Center is to enhance the quality of life within the community and emphasize a local community sense of place. This is achieved through an appropriate mixture of neighborhood retail and service commercial users; the use of design elements that promote pedestrian circulation; the provision of common areas that function as gathering places; and the incorporation of physical and visual linkages that integrate the multiple elements of the development. The Commercial Planned Village Center shall be developed in accordance with the following standards:
(1)
A Commercial Planned Village Center is a neighborhood commercial facility to be planned, developed, operated and maintained as a single entity and shall contain multiple structures to accommodate neighborhood retail and service commercial uses. Permitted uses include but are not limited to:
(a)
Supermarkets.
(b)
Restaurants, including outdoor seating.
(c)
General and professional offices.
(d)
Community retail including clothing stores, florists, drugstores, movie rental stores, hardware stores and liquor stores.
(e)
Financial institutions including banks with drive-through facilities.
(f)
Personal services including barber shops, beauty salons, travel agencies and dance studios.
(g)
Post offices.
(h)
Movie theaters and active recreation facilities.
(i)
Outdoor craft activities.
(2)
Supermarket and retail activity shall account for at least 60% of the total floor area of the Commercial Planned Village Center.
(3)
Area, yard, height and density regulations:
(a)
Minimum lot area: 50 acres.
(b)
Minimum street frontage: 200 feet.
(d)
Minimum front yard: 250 feet.
(f)
Minimum rear yards: 150 feet.
(g)
Minimum distance between buildings: 20 feet.
(h)
Maximum building height: 35 feet.[3]
[3]
Note: No structure shall exceed the maximum building height except for roof structures including: mansards; parapets; elevator shafts; clock towers, spires and decorative towers; air conditioning equipment; mechanicals; antennas and satellite dishes located in a complementary decorative architectural element (but no freestanding antennas or dishes shall be permitted); provided that any such roof structure shall not exceed an additional 15 feet in height and further provided that no more than 10% of roof area is encompassed by such features and appurtenances. All air conditioning equipment and other mechanicals on roofs shall be screened from view through the use of fences, walls and other enclosures as may be permitted by the appropriate Board.
(i)
Maximum building coverage: 15%.
(j)
Maximum impervious coverage: 35%.
(k)
Maximum floor area ratio (FAR): 0.12.
(l)
Minimum buffer areas.[4]
[4]
Note: Buffer areas shall be required where any proposed Commercial Planned Village Center abuts a residential zone or use or a commercial zone or use. Transition buffers shall provide maximum screening to adjacent properties through the use of plantings, berms, fences or a combination thereof. Plantings shall include deciduous trees, evergreens and shrubs arranged in staggered rows, clusters or a curvi-linear pattern to present a natural appearance. Plant materials shall be sufficiently large to create a screen at least six feet in height within three growing seasons. Plantings or screening may also be waived by the Board where existing vegetation, natural features or topography provide sufficient screening.
(4)
Design standards:
(a)
Parking:
[1]
Parking areas accessory to the Commercial Planned Village Center may be located in any yard, provided that no parking area shall be located closer than 30 feet from any residential zone or use and 10 feet from any nonresidential zone or use.
[2]
Parking areas shall be screened from the view of adjacent residential districts and/or existing residential uses on public roads by landscaping, fencing or a combination thereof to create a buffer at least four feet in height. Landscaping shall contain a mix of deciduous trees, evergreens and shrubs adequate to screen the parking area(s) during all seasons. Fencing shall be constructed of a board-on-board wood or attractive masonry.
[3]
Parking spaces shall be designed to provide a rectangular area with the following minimum dimensions, which shall exclude any roadway, driveway or access isle adjacent to the parking space: A minimum nine-foot by twenty-foot parking stall shall be required (except in cases where a two foot overhang is available in which case a nine-foot by eighteen-foot parking stall shall be required), provided that any parking spaces serving a supermarket shall be required to be ten-foot by twenty-foot.
(b)
Design requirements:
[1]
Buildings shall be located adjacent to, and oriented towards, required common space to produce a development that is integrated, pedestrian-oriented and visually attractive. Buildings shall be visually and physically connected by sidewalks, landscaping and streetscape elements whenever possible.
[2]
Large horizontal buildings shall be designed with vertical-oriented segments. The use of design techniques and architectural treatments such as articulation of the facade, visually interesting fenestration, varied roof lines and canopies/awnings is encouraged.
[3]
Roof forms such as eaves, gables, cornices and mansards are required. Clock towers, spires and decorative towers are encouraged.
[4]
Roof top mechanical equipment shall be screened from public view by architecturally compatible materials. Ground level mechanical equipment shall be screened from public view by landscaping, walls, and/or fencing.
[5]
The visual character of buildings shall encourage pedestrian circulation. Particular attention shall be given to facades, windows and doors.
[6]
Fire escapes are prohibited on the principal facade of a building.
[7]
Street furniture including benches, planters and trash receptacles shall be provided in a design that is consistent with the architecture of the building.
[8]
There shall be two means of ingress and egress to/from the Commercial Planned Village Center property.