Recognizing the necessity for certain specific uses, while at the same time appreciating the fact that they may be or may become inimical to the public health, safety and general welfare of the community if improperly designed or located without due consideration to the existing conditions and surroundings, the standards and procedures in this section are hereby established.

A conditional use is a permitted use, not as a matter of right, but rather at the discretion of the Planning Board based upon satisfactory compliance with articulated criteria and standards as specified herein.

These standards are intended to provide the Planning Board with a guide for the purpose of reviewing applications for conditional uses as provided for by this chapter. In reviewing an application, the Planning Board may act on site plans submitted to it or may suggest modifications and changes. In approving an application, the Planning Board may require, in addition to features specified, such other features or design, in keeping with the intent thereof, that will further the purpose of these standards and regulations. Such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval.

Notwithstanding compliance with specific conditional use standards hereinafter set forth, no conditional use will be permitted if the use at the proposed location would be detrimental to the health, safety and general welfare of the community.

Such use fronts upon a street classified in the Borough's Master Plan as other than a local street.

Such building shall be a minimum of 150 feet from any other dwelling, house or structure used for the housing of human beings or from a church, library, school or other public building.

The applicant shall comply with all state requirements for such use.

Such building shall be set back at least 40 feet from the street and rear lot lines and at least 20 feet from side lot lines.

Off-street parking shall be provided for at least one space for each three beds, plus one space for each staff member and employee, based upon the maximum number estimated to be on duty at any one time. Such off-street parking area shall be suitably screened from adjoining residential lots by appropriate landscaping and/or fencing.

Areas for outdoor recreation of a size and location sufficient to properly serve the needs of the occupants are provided.

It is ascertained by the Planning Board that the use will meet a community need without adversely affecting the character of the neighborhood.

Ingress and egress to the facility is such that the safety of the children is protected to the satisfaction of the Planning Board.

The building is appropriately designed and provides adequate fenced yard space developed for recreational purposes.

There are no home professional or home occupation uses carried on in the building.

The nursery school shall be licensed by the State of New Jersey Board of Education.

It is ascertained by the Planning Board that the use will meet a community need without adversely affecting the character of the neighborhood.

Such use shall not have an entrance or exit on the same side of the street and within 200 feet of an entrance or exit to a public or private school, public library, theater, church, public park or playground, orphanage or children's home, nursery school or fire station nor within 100 feet of a residential district except where and when the property is in another block or on another street which the lot in question does not abut. Such distance is to be measured along a straight line between the properties involved.

A description of the nature and extent of the proposed use shall be provided to the Planning Board.

No gasoline pumps shall be placed within 25 feet of any street or lot line.

There shall be no more than two access driveways along any one street. The minimum distance between driveways on the site shall be 25 feet, and access driveways shall be at least 15 feet from the nearest lot line and at least 25 feet from the nearest street intersection.

No part of any garage shall be nearer than 25 feet to any street line or 15 feet to any lot line.

No commercial repair work, except minor repair work, shall be conducted outdoors on the property.

Such use shall be adequately buffered and screened from any adjacent residential use as determined by the Planning Board by fencing and vegetation of a minimum six-foot height and providing a ten-foot-deep, heavily buffered planting area.

The use of strings of pennants, flags or similar decorations, such as whirling displays, are expressly prohibited but shall be allowed for a period of one week to mark a grand opening.

No more than three vehicles per service bay shall be stored outside overnight on the premises, excluding vehicles owned or leased by the proprietor(s).

Such use, when taken in conjunction with other existing land uses, will not generate traffic that would result in an undue burden upon the available access streets, resulting in a traffic movement on adjacent streets.

A statement setting forth full particulars of the operation of the use and the total number of proposed charter members (for membership clubs) shall be filed with the Planning Board.

It is ascertained by the Planning Board that the proposed use is a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of said organization or for civic, humanitarian or charitable purposes.

It is ascertained by the Planning Board that the proposed use in the proposed location shall in no way adversely affect the safe and comfortable enjoyment of property rights in the area in which it is located or otherwise adversely affect the value of adjacent properties.

The design of any structures erected in connection with such use are in keeping with the general character of the area and sufficient landscaping, including trees, shrubs and lawns, is provided to serve as buffer between said use and adjoining residential properties.

The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate to the amount of land to be used and the exact nature of the use. No further expansion of said membership shall be made unless supplemental approval is granted by the Planning Board.

Off-street parking shall be provided for at least one space for each 200 square feet of floor area, plus additional spaces determined by the Board based upon anticipated usage. Such off-street parking area shall be suitably screened from adjoining residential lots by appropriate landscaping and/or fencing.

The dwelling unit proposed to house such use is a single-family unit.

Such occupation shall be conducted solely by members of the resident family.

Such use shall occupy an area equivalent to not over 35% of the floor areas of one story.

There shall be no conspicuous display of goods or advertising to be seen from outside the premises.

Such use does not involve the use of any machinery or equipment which will cause electrical or other interference with radio and television reception in adjacent residences or which will cause offensive noise or vibration.

Such use shall in no way be objectionable or detrimental to the well-being or to the harmonious character of the neighborhood.

The lot meets the minimum requirements of the Zoning Ordinance with respect to lot area and lot width.

No structural alterations to accommodate the use of the dwelling for office use are required.

Such use shall occupy an area equivalent to not over 50% of the floor area of one story.

Such use shall not involve the sale of any goods, products or merchandise.

The dwelling unit proposed to house such use is a single-family unit.

Sufficient off-street parking space, as determined by the Planning Board on a case-by-case basis, is provided in the rear or side yards. Such parking area is to be suitably shielded from adjacent properties by means of appropriate landscaping and/or fencing.

Sufficient off-street parking space, as determined by the Planning Board on a case-by-case basis, is provided in the rear or side yards. Such parking is to be suitably shielded from adjacent properties by means of appropriate landscaping and/or fencing.

The lot area for such use is equal to at least the minimum lot area required for the zone in which the use is to be located; provided, however, that greater lot area may be required on a case-by-case basis depending upon the anticipated number of occupants.

In order that the health and safety of the occupants not be endangered by heavy traffic volumes, such use shall not be located on any street other than those classified as local streets in the Master Plan of the Borough of South River.

Ingress and egress to the building is such that the safety of the occupants is protected to the satisfaction of the Planning Board.

Sufficient off-street area is provided for the pickup and discharge of occupants by vans or other vehicles servicing the handicapped.

Such uses shall be subject to the same bulk requirements as a single-family unit in the zone.

Such use shall not have an entrance or exit on the same side of the street and within 200 feet of an entrance or exit to a public or private school, garage or service station, theater, rescue squad or fire station, except where and when the property is in another block or on another street which the lot in question does not abut.

No structure for this purpose shall be closer than 15 feet to any front lot line or 10 feet to any side lot line.

No such sign shall be within 500 feet of a residential district.

No billboard or outdoor advertising sign shall have less than four feet of clear space between it and the ground nor, at any point, be higher than 16 feet above ground level.

No billboard or outdoor advertising sign shall have a horizontal dimension of more than 15 feet.

All rubbish and vegetation more than six inches high shall be kept constantly removed from a space at least five feet in all directions around such billboards or signboards.

The premises shall be so arranged as to permit a clear view of each mechanical amusement device from the exterior at all times.

No operator shall knowingly permit any person convicted of a crime involving moral turpitude to be associated with him in the ownership or management of the business or to be in his employ or to loiter on the premises.

No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to use mechanical amusement devices except for trophies, plaques or items of a similar nature or nominal value.

No operator shall permit any minor under the age of 16 years, unaccompanied by a parent or guardian, to remain on the premises after 10:00 p.m.

No operator shall permit any activity which is illegal or immoral or which creates an undue amount of noise or a danger of a breach of the peace to occur on the premises.

No operator shall permit the operation of his premises between the hours of 12:00 midnight and 9:00 a.m.

There shall be conspicuously displayed on the premises in capital letters six inches in height a notice stating:

Erection and installation of coin-operated or non-coin-operated mechanical amusement devices shall comply with all local, state and federal fire and safety regulations, statutes and codes. In addition, for each one square foot of floor space occupied, taken up or covered by a machine (to be measured at its widest, deepest and longest points, whether touching the surface of the floor or not), a minimum of three square feet of open space in order to provide an established ratio between occupied space and space for the unobstructed flow of customers. If machines are located along an aisleway, the minimum width of aisles between the machines shall be eight feet. In computing open space as used in this section, any and all interior sections of the structure reserved for an office, restroom, operation, storage or other facilities shall be deducted, and only the actual open unobstructed floor space shall be considered open for purposes of this calculation.

During the hours of operation, the premises must be supervised at all times by at least one responsible adult individual, who shall be an employee of the owner or operator of the premises and who shall be responsible for the supervision, maintenance and operation of the premises. At least one such individual shall be visibly present on the premises during all hours of operation.

Such use, when taken in conjunction with other existing land uses, will not generate traffic that would result in an undue burden upon the available access streets, resulting in a traffic movement on adjacent streets.

A statement setting forth full particulars of the operation of the use and the total number of proposed worshippers shall be filed with the Planning Board.

It is ascertained by the Planning Board that the proposed use is a bona fide religious organization operated solely for the spiritual needs of the members of its organization and for humanitarian or charitable purposes.

It is ascertained by the Planning Board that the proposed use in the proposed location shall in no way adversely affect the safe and comfortable enjoyment of property rights in the area in which it is located or otherwise adversely affect the value of adjacent properties.

The design of any structures erected in connection with such use is in keeping with the general character of the area, and sufficient landscaping, including trees, shrubs and lawns, is provided to serve as buffer between said use and adjoining residential properties.

The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate to the amount of land to be used and the exact nature of the use. No further expansion of said membership shall be made unless supplemental approval is granted by the Planning Board.

The proposed use shall comply with all off-street parking and landscaping requirements of the ordinance.[1]

The project shall be developed in an area of not less than three acres.

The development shall not exceed a gross density of 3.3 units per acre.

The area of lot coverage by buildings, other than garages and exclusive of public ways, shall not be greater than 25%.

No structure shall contain in excess of 2 1/2 habitable stories above curb level.

No structure shall be built closer than 25 feet to any property line, nor 50 feet from the center line of any public way.

Each structure shall be so designed or so located in the project site that the distance from at least one window of every room used for human habitation shall be not less than 60 feet from the wall of any structure on the site, and the distance from all other windows shall be not less than 30 feet from the wall of any structure on the site, such distance to be measured by a line perpendicular to the plane of the surface of said window, except that this distance may be reduced to not less than 30 feet for one exposure where a room is a bathroom. No separate freestanding building shall be closer than 15 feet to any other building on the site.

Adequate potable water and electricity must be available, and all waterlines, sanitary sewers, storm sewers and electrical distribution facilities shall be installed in accordance with the Borough's Subdivision and Site Plan Ordinance.[2]

A minimum of 15% of the site shall be allocated, developed and improved for usable recreation space or spaces, such as tot lots, tennis courts and other similar organized activity areas, as may be recommended by the Board. No such space shall be less than 2,500 square feet in size or less than 75 feet wide.

All areas of a garden apartment development not used for the construction of buildings, roads, accessways, parking areas or sidewalks shall be fully landscaped or grassed.

No parking shall be permitted on any road or accessway within the garden apartment development.

No parking area may be placed closer to a building than 20 feet.

There shall be only one central television antenna in each building for use of occupants therein.

No front yard shall contain service facilities for the dwellings, such as clothes drying, storage, or the like.

The development shall exert no detrimental effect upon surrounding areas due to poor design, inadequate parking, traffic danger or destruction of neighborhood character.