South River City Zoning Code

Uses permitted in the B-1 Commercial District, excluding all residential, fraternal, quasi-public uses, houses of worship and nursing homes.

Research institutions and laboratories for scientific or industrial research or testing, including experimentation and product development, provided that no such operation shall be conducted or equipment used which would create hazardous, noxious or offensive conditions beyond the boundaries of the site.

Utility and service activities of an industrial character, such as repair and maintenance yards, storage facilities, depots and stations.

Activities of a general industrial nature, such as light manufacturing, fabrication, textiles, processing or assembling of goods, that will not result in any nuisance or hazard beyond the limits of the lot occupied by such activity.

Warehousing and storage buildings, except for bulk storage and hazardous materials.

Auto sales, service garages, body shops, auto inventory storage, commercial parking lots.

Off-street parking areas.

All uses and buildings deemed customary and incidental to a permitted principal use.

Gasoline service stations, repair garages, and body shops, provided that all of the terms and conditions specified for the particular use in § 350-25, Conditional uses, are also complied with.

Bulk assembly and fabrication of iron, steel and metal products, metal processing, including metal treatment and processing, such as enameling, galvanizing and electroplating, reduction, smelting and refining of precious or rare metals, and the casting of lightweight nonferrous metals.

Manufacture of stone, clay, ceramic, macadam or cement products.

Chemicals product manufacturing not involving noxious odors or danger from fire.

Bulk processing of wood and lumber.

No building or premises shall be used for any heavy industry, mining trade, or any business or purpose of any kind that is toxic, corrosive, noxious, hazardous, injurious or offensive by reason of the emission of odor, dust, refuse matter, garbage, smoke, gas fumes, vapor, or noise that is dangerous to the comfort, peace, enjoyment, health or safety of the community.

Residential uses and all other uses permitted in any residential zone in the Borough.

Sex clubs and unlicensed massage parlors are prohibited.

No building used as a juice bar, go-go bar or pole dancing club shall be erected or structurally altered within 200 feet of any residential dwelling in the Borough. Nothing contained herein shall reduce the distance requirements set forth in N.J.S.A. 2C:34-7 with respect to "sexually oriented businesses" as described in N.J.S.A. 2C:33-12.2.

All uses not specifically permitted are prohibited.

Notwithstanding any restrictions herein above contained, commercial or industrial enterprises may park marked fleet vehicles that are an integral part of their business or industrial use on their private property but not on the street.

All activities involving flammable or explosive material and/or storage of same shall, at a minimum, comply with the most stringent standards and regulations set forth in the most current editions of the BOCA Basic Building Code and the BOCA Fire Prevention Code.

All utilitarian, material storage or exposed equipment areas of the site shall be fully screened from view with a solid fence, no less than six feet in height.

The applicant shall furnish to the reviewing board, Health Department and Environmental Commission information identifying all chemicals and substances to be used and stored on site, as well as all pollutants to be generated and all wetlands, watercourses and/or floodplains on the site and the impact of the facility on such.

The applicant shall furnish the above-named municipal agencies with copies of all applications and permits presently on file or which are proposed to be filed with state and federal agencies with respect to discharges into air or water. These applications and permits shall disclose quantities, chemical nature and physical characteristics of discharge, such as but not limited to temperature and velocity.

Uses with accessory outdoor storage areas, such as building materials, equipment or outdoor storage tanks or vessels, shall be provided in such a manner so as to ensure that there will be no infiltration into or contamination of the Borough water resources, including the Farrington Sands, Old Bridge Sands and surface water sources. The contact of hazardous chemical substances and salts with rainfall water, overland water flow and/or storm runoff shall be prevented by adequate cover and containment mechanisms, including but not limited to sheds, impervious membranes or ground cover and berms.

All outdoor aboveground facilities for the storage of any hazardous chemical substance shall be located at a minimum distance of 500 feet from any residential development or residential zone and 100 feet from a public right-of-way. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision. All outdoor storage of toxic chemicals is prohibited and shall not occur in areas identified as groundwater recharge areas.

The applicant shall provide the municipal agencies with a spill prevention and containment control plan setting forth the manner in which spillage of materials will be prevented and measures to be taken on the event of a spill.

If the appropriate board determines the need to have a technical expert review an application which proposes to use or store hazardous chemicals or toxic substances or to determine if said chemicals are hazardous substances or toxic, the applicant shall deposit, in addition to the fees set forth in § 155-25 in the Fees chapter, sufficient money as may be determined by the appropriate board for the payment of review fees for a technical expert. A technical expert is a licensed professional person with a specific knowledge of the proposed use of the applicant, which knowledge is not within the expertise of the Borough Planner and/or Borough Engineer. The deposit for the technical review fee need not be paid until the Planning Board shall first determine the need to hear a technical expert and the amount of deposit to be required. To the end that there should be any amount unexpended for technical review of any application, the unexpended balance shall be refunded to the applicant, and should the fee deposited be insufficient to satisfy the expense of the technical review, the applicant shall be required to deposit such additional funds as may be necessary in order to satisfy such expense within 10 days of being notified of the amount of additional funds required.

For the purposes of this section, a hazardous chemical substance shall be defined as any radioactive material or single substance or mixture containing a substance described in the most recent edition of the New Jersey Department of Environmental Protection, Hazardous Waste Management Regulations, New Jersey Administrative Code Title 7, Subchapter F, Chapter 26, Subchapter 6.[2]

All tank car and tank truck loading, unloading or storage areas employed in the transfer or storage of hazardous substances shall be designed such that a spill will be prevented from entering any groundwater, other than a drain which leads to an approved industrial waste, water treatment plant or other facility which will effectively contain the spilled hazardous substance. Satisfactory provisions for neutralizing leakage or spills of hazardous chemicals or corrosive liquids shall be provided. All vehicles and rail cars carrying hazardous chemicals or explosive materials as defined under this section shall stand or be parked only in a secure area where they are under the care, custody and control of an owner or operator, who shall provide a qualified person to ensure that movement of any vehicle or rail car complies with this chapter. No transfer or storage of incompatible toxic hazardous substances shall occur without applicable state and federal requirements of proper labeling and storage having been met.

Diking requirements. All chemical handling and storage areas and all aboveground areas for the storage of bulk oil or gasoline shall be diked in a manner acceptable to the Borough Engineer in order to prevent pollution due to spillage of such materials. Any diking recommended by the Department of Environmental Protection shall also be required.