South River City Zoning Code
§ 350-8
General regulations.
[Amended 12-11-2017 by Ord. No. 2017-33; 9-14-2020 by Ord. No. 2020-22; 8-9-2021 by Ord. No. 2021-07; 2-24-2025 by Ord. No. 2025-04]
A.
Applicability of district regulations to all buildings, structures and land.
(1)
This chapter shall apply to the construction, nature and extent of the use of all buildings and to the nature and extent of the use of all land. Except as previously or hereinafter provided, no building, structure or land or any part thereof shall be used or occupied and no building or structure shall be erected, constructed, relocated, repaired, enlarged, converted or structurally altered unless in conformity with all of the regulations of this chapter specified for the district in which it is located.
(2)
All regulations set by this chapter within each of the districts shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
B.
Application to municipality. Any municipally owned, operated or controlled building, structure, facility or use, either existing or proposed, shall be permitted in any zone, it being the intention of this section that whatever the Borough may be authorized to do shall constitute a function of government, and that whenever the Borough shall act, pursuant to granted authority, it acts as government in the public interest and not as private entrepreneur.
C.
Applicability to structures having been granted or pending approval. Nothing contained in this chapter shall require any change in the plans, construction, size or designated use of any structure or part thereof for which a building permit has been heretofore issued or for which plans are on file with the Construction Official/Department.
D.
Principal buildings.
(1)
Second dwelling prohibited. In no case shall there be permitted more than one residential building on each subdivision lot of record, except multifamily housing developments.
(2)
All principal buildings shall be built upon a lot with frontage on a public street or on a private street approved by the Planning Board.
E.
Accessory buildings.
(1)
General regulations.
(a)
No accessory structure may be built upon any lot on which there is no principal building or principal structure.
(b)
In any residential zone, no private detached garage, storage shed, or other accessory building shall be within a required front yard nor within a required side yard.
(c)
An accessory building may be erected within a required side yard or rear yard of any residential zone; provided, however, that no building shall be erected closer than five feet from the property line.
(d)
Distance from adjacent buildings. The minimum distance of any detached accessory structure from the adjacent main building shall be five feet.
(e)
Distance from street line. On through lots (any lot running from one street to another), no accessory building erected in the rear yard shall be nearer the street line than the minimum distance specified for a front yard setback on the street which the yard abuts.
(f)
There shall be no utilities other than electric connected to any detached accessory building.
(g)
No usable second floor area shall be provided in any accessory garage or building; said unusable second floor areas shall include but not be limited to the use of dormers, basements, etc.
(h)
No subfloor or rough floor shall be permitted on the joists of any accessory garage or building.
(i)
No accessory garage or building, erected in any lot within any zone, shall be used for any form of residential dwelling or rooming unit purposes.
(j)
Only one accessory building shall be permitted per residential lot.
(k)
Nothing contained herein shall prevent the construction of a private garage as a structural part of a main dwelling, provided that when so constructed the garage wall shall be regarded as the walls of the main dwelling applying the front, rear and side yard regulations of this chapter. Any accessory structure attached to the main building shall be considered part of the main building.
(2)
Garden/utility sheds.
(a)
In any residential district, a garden/utility shed may be erected for the purpose of storing materials and equipment customarily associated with a residential dwelling.
(b)
A garden/utility shed may be erected within a required side yard or rear yard of any residential zone; provided, however, that no storage shed shall be erected closer than three feet from any property line.
(c)
All garden/utility sheds shall be permitted to have a maximum height of eight feet.
(d)
All sheds shall be permitted to have a maximum permitted building area no greater than 100 square feet.
(e)
Only one garden shed is permitted per residential dwelling unit.
(3)
Detached residential garages.
(a)
In any residential district, an accessory detached residential garage may be erected for the purpose of storing vehicles, materials and equipment customarily associated with a residential dwelling.
(b)
A detached residential garage may be erected within a required side yard or rear yard of any residential zone; provided, however, that no part of the garage shall be erected closer than five feet from the property line.
(c)
Detached residential garages shall be permitted to have a maximum height of 15 feet.
(d)
Detached residential garages shall be permitted to have a maximum permitted building area no greater than 220 square feet.
F.
Lot frontage.
(1)
In the case of lots fronting on the turnaround of a cul-de-sac street or fronting upon any other curved street, lot frontage (as distinguished from lot width) may equal, but shall be no less than, 2/3 of the required lot width as set forth in the bulk table and as defined herein.[2]
[2]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
(2)
All front yards must face on a dedicated public street or on a private street approved by the Planning Board.
(3)
Where a building lot has frontage upon a street which on the Master Plan or Official Map of the Borough of South River is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.
G.
Required yards.
(1)
No yard or any other open space required about or in connection with any building or buildings for the purpose of complying with this chapter shall be included as part of a yard or open space similarly required for any other building.
(2)
No existing yard or existing lot shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet or exceed the minimum requirements established herein.
(3)
Except as hereinafter specified in this subsection, every part of a required yard shall be open to the sky, unobstructed except for the following man-made structures:
(b)
The ordinary projection of parapets, cornices, eaves, leaders and other ornamental features not to exceed 12 inches.
(c)
Over 20 feet above the average grade level, nothing in this chapter shall prevent the projection of a cornice, roof/gutter overhang over the front yard and rear yard to an extent not exceeding two feet nor over a required side yard.
(d)
An open fire balcony, lattice-enclosed fireproof fire escape or stairway projecting into a yard not more than four feet.
(e)
Bay windows or balconies projecting not more than three feet into a required yard.
(f)
An aboveground oil tank, providing a side/rear setback of at least five feet to the nearest property line.
(k)
Vision clearance on corner lots. In any district on any corner lot, within the triangular area determined as provided in this subsection, no wall, fence, sign or other structure shall be erected to a height in excess of three feet above curb level and no vehicle, object or any other obstruction of a height in excess of three feet shall be parked or placed, and no hedge, shrub or other growth shall be maintained at a height in excess of three feet, except that trees whose branches are trimmed away to a height of at least 10 feet above curb level shall be permitted. Such triangular area shall be formed by the two intersecting street center lines and by a diagonal line connecting points on these street center lines which are 90 feet from the intersection of the street center lines for local roads and 200 feet for all other roads.
H.
Site plan requirement. Except as hereafter exempted, no building permit shall be issued for any building or use or for the enlargement of any building or use unless a site plan is first submitted and approved in accordance with Chapter 295, Subdivision and Site Plan Review; Stormwater Management[3] and no certificate of occupancy shall be given unless all construction conforms to the approved plan, except that site plan approval shall not be required for single-family and two-family dwellings. However, all applications for one- and two-family dwellings, while not required to file for and receive site plan approval, shall be submitted to the Borough Engineer for a determination as to whether any off-site improvements are necessary or any municipal facilities need be extended off the site. If it is determined by the Engineer that such improvements are necessary, then no building permit shall be issued until a plot plan and other construction details showing such improvements as deemed necessary by the Borough Engineer are approved by the Engineer and filed with the Zoning Officer/Construction Official. If it is determined by the Engineer that any off-tract improvements are necessary, then the applicant shall be required to obtain site plan approval from the appropriate board.
I.
Fences.
(1)
A zoning permit shall be issued by the Zoning Officer for all fences, except living fences, erected in the Borough.
(2)
No solid fence shall be erected in a required front yard area on any lot in any residential zone in the Borough. However, on a corner lot, such a fence may be permitted when it extends only to a building corner, and does not encroach into a front yard any farther than the existing front building line.
(3)
For the purposes of this chapter, a split-rail, chain-link or equivalent fence shall not be considered solid fences, while stockade, board-on-board, solid vinyl, chain-link with woven slats or the equivalent shall be deemed to be solid fences.
(4)
Fences at residential properties shall not exceed six feet in height.
(5)
Fences at nonresidential properties shall not exceed six feet in height.
(6)
The height of all fences shall be measured from grade.
(7)
Fences proposed at any new construction project shall be included as part of the site plan proposal presented for consideration before the appropriate approving board.
(8)
The following materials are prohibited for use as fencing materials on any lot within the Borough:
(a)
Barbed wire.
(b)
Sharp pointed materials of any type to form the top of the fence.
(c)
Canvas, cloth or similar material.
(d)
Electrically charged fences.
(e)
Temporary fences, such as but not limited to snow fences, expandable fences and collapsible fences, upon a lot with a dwelling or structure on it; however, temporary fences shall be permitted to protect any hazardous condition or excavation.
(9)
All fences shall be constructed with the face or finished side facing adjacent properties.
(10)
Living fences shall be maintained in a neatly trimmed condition and shall not extend into adjacent properties.
(11)
Fences shall be constructed in a manner so as not to restrict the flow of drainage.
(12)
Fences around swimming pools shall conform with the swimming pool subsection of this section.
(13)
No part of any fence, fence post or wall shall be erected closer than 1/2 foot from the property line.
(14)
A fence shall be required on any retaining wall over 36 inches in height.
J.
Driveways.
(1)
Nothing contained herein shall prevent a residential dwelling from creating and maintaining a residential driveway on a residential lot, which is intended to serve as an accessory parking space for the principal single-family or two-family residential dwelling located on the same lot.
(2)
Such driveways shall be designed so as to provide off-street parking so as to comply with the Residential Site Improvement Standards parking requirements.
(3)
Driveways may be located in the required front yard of the site; however, all driveways in all residential zones and for all residential uses shall not extend to within five feet of a side property line.
(4)
Exemption for resurfacing. Any driveway which existed prior to September 1, 2020, and which is currently located within five feet of a side property line may be resurfaced, replaced, or reconstructed within its current location, footprint and dimensions without the need for a bulk variance from this subsection. This provision shall apply to lots containing a lawfully existing single- or two-family dwelling and where no other pavement expansions which would require a zoning permit are proposed on that lot. This exemption shall be available to property owners who first apply for a zoning permit for the driveway reconstruction and receive Borough inspection before any work is performed on the driveway to ensure compliance with § 350-8J.
(5)
All driveways shall be constructed of macadam, blacktop, concrete, stone pavers, or similar material as determined by the Zoning Officer. No stone, gravel, dirt, sand or grass driveways shall be permitted.
(6)
The maximum driveway width at any point shall be no greater than 20 feet, exclusive of any curb returns or aprons at the point of connection of the street.
(7)
For purposes of determining impervious surface coverage, all areas of a surface driveway shall be considered impervious, regardless of the materials of construction. Pervious and semipervious paving blocks constructed on top of a bed of compacted stone shall be considered fully impervious.
(8)
Residential driveways connecting to a county road shall provide a hammerhead or similar turnaround to prevent backing movements onto the county right-of-way.
K.
Patios and wood decks.
(1)
In all residential zones and for all residential uses, a patio, wood deck or any combination of the two shall only be permitted as accessory to a principal residential dwelling.
(2)
When a patio or deck is proposed on a residential lot, the applicant shall submit to the Construction Official a plot plan of the site showing all property lines, buildings, the location of the patio/deck and any surrounding walkways or other improvements. Such plot plan shall show the dimensions and the distance to all property lines for all existing and proposed improvements.
(3)
Patios shall be constructed of concrete, concrete or stone pavers, brick, slate, tiles, or other similar materials as determined by the Zoning Official.
(4)
Decks shall be constructed of natural or synthetic wood or a combination of the two materials.
(5)
Patios and decks may be erected within a required side yard or rear yard of any residential zone; provided, however, that no such structure shall be erected closer than five feet to any side property line and 10 feet to any rear property line.
(6)
No part of any patio or deck shall be located in a required front yard.
(7)
For purposes of determining impervious surface coverage, all areas under an on-grade patio or under an above-grade deck shall be considered impervious, regardless of the materials or methods of construction. Pervious and semipervious paving blocks shall be considered fully impervious.
(8)
No patio or deck shall be erected which will have an area to exceed 10% of the total area of the lot(s) upon which it is located.
L.
Swimming pools.
(1)
When a private swimming pool is proposed on a residential lot, the applicant shall submit to the Construction/Zoning Official a plot plan of the site showing all property lines, buildings, the location of the pool and any surrounding walkway or other improvements. Such plot plan shall show the dimensions and the distance to all property lines for all existing and proposed improvements.
(2)
In all residential zones and for all residential uses, the minimum setback from all property lines with respect to the installation of aboveground swimming pools shall be a minimum of eight feet measured from the edge of the water to the property line.
(3)
In all residential zones and for all residential uses, the minimum setback from all property lines with respect to the installation of in-ground swimming pools shall be a minimum of eight feet measured from the edge of the water to the property line. Such pools may have a concrete or similar walkway or coping around the perimeter of the pool so as to provide safe movement; however, no part of any concrete walkway shall be closer than five feet to any property line.
(4)
No part of any private swimming pool, including water surface, coping, walkways or pool equipment, shall be located in a required front yard.
(5)
Pool maintenance equipment, filters, pumps and other equipment essential to the operation of any residential pool shall be set back a minimum of five feet from any property line. When a pool house, shed or other accessory building is proposed to contain this equipment, this building shall be subject to the accessory building requirements of Subsection E of this chapter.
(6)
For purposes of determining impervious surface coverage, the surface area of open water shall be considered fully impervious and shall count toward an impervious coverage calculation. All concrete walkway and coping areas around an in-ground pool shall be considered fully impervious and shall count toward an impervious coverage calculation.
(7)
No private swimming pool shall be constructed on any plot or lot unless there is a residence thereon, and no property shall be subdivided if the result will be that the said pool will be separated in ownership from the residence property to which it was originally attached.
(8)
All swimming pools shall provide an eight-foot-deep distance from the closest building line of the principal dwelling or accessory dwelling located on the same lot as the pool.
M.
Corner lots.
(1)
A lot at the junction of and fronting on the corner of two or more intersecting streets shall be classified as a corner lot and shall provide a front yard setback on all street frontages.
(2)
On a corner lot, all lot lines generally parallel to a street line shall be side lot lines.
(3)
When a corner lot is shaped so as to have a lot line that is not a front lot line nor a side lot line, all other lot lines shall be classified as rear lot lines.
(4)
The greater frontage on a corner lot shall be its depth, and the lesser frontage shall be its width.
N.
Community residences.
(1)
Community residences, as defined by N.J.S.A. 40:55D-66.2, for the mentally and physically handicapped, victims of domestic violence, homeless veterans, the terminally ill, disabled persons, and all other groups specified by the Municipal Land Use Law and their resident staff shall be permitted in any residential zone in the Borough. Such community residences shall meet the minimum area, yard and building requirements set forth for single-family units in the zone in which located, in accordance with N.J.S.A. 40:55D-66.1.
O.
Minimum amount of habitable floor area per occupant. Every new residential building shall have a minimum of 150 square feet of habitable floor area, exclusive of basement area, per occupant. However, if such basement area is so constructed and finished as to be usable for habitation and shall be intended for such use, then 50% of the basement floor area constructed and finished as such shall be counted in computing the total amount of habitable floor area.
P.
Multifamily dwellings. The following requirements shall apply to multifamily (three units or greater) apartment buildings when proposed in the R-75 District:
(1)
The project shall be developed in an area of not less than three acres.
(2)
The development shall not exceed a gross density of 3.3 units per acre.
(3)
The area of lot coverage by buildings, other than garages and exclusive of public ways, shall not be greater than 25%.
(4)
No structure shall contain in excess of 2 1/2 habitable stories above curb level.
(5)
No structure shall be built closer than 25 feet to any property line, nor 50 feet from the center line of any public way.
(6)
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.
(7)
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 Review Ordinance.[6]
(8)
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.
(9)
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.
(10)
No parking shall be permitted on any road or accessway within the garden apartment development.
(11)
No parking area may be placed closer to a building than 20 feet.
(12)
There shall be only one central television antenna in each building for use of occupants therein.
(13)
No front yard shall contain service facilities for the dwellings, such as clothes drying, storage, or the like.
(14)
The development shall exert no detrimental effect upon surrounding areas due to poor design, inadequate parking, traffic danger or destruction of neighborhood character.
Q.
Zero-line houses. Zero-lot-line houses wherein one side yard may be omitted entirely and two houses built semidetached:
(1)
Two zero-lot-line houses are built at the same time with a common party wall.
(2)
Each remaining other side yard shall have a width equal to the aggregate prescribed for both side yards on any one lot.
(3)
If the two lots upon which the zero-lot-line houses are proposed are under separate ownership, then application for conditional use shall be made jointly by both parties.
(4)
All adjoining structures shall be constructed so as to be of the same exterior architectural style and design, and no structure shall be constructed, renovated, maintained or altered in any manner so as to change the exterior architectural style and design of said structure from that of the adjoining structure.
R.
Keeping of livestock. Given that the Borough is almost entirely developed and that no farmland or farming activities are present in the Borough at the adoption of this chapter, the following restrictions shall be in affect to protect the health, safety and welfare of all residents. The keeping of all livestock, farm animals, or exotic animals shall be prohibited in all districts. Prohibited animals shall include any animals kept outside a principal dwelling, within a barn or stable, in exterior cages, coops or runs, or in open pasture space. Prohibited species shall include all chickens, ducks, geese and similar waterfowl, goats, sheep, lambs, llamas, and/or similar ruminant animals, wild species including all wild cats, lions, tigers, all bear and wolf species, and all exotic animals typically found in zoos, including all pachyderms, and primates. Nothing contained herein shall prohibit any resident from keeping no more than three domestic small animals in a cage, tank, or terrarium which is no greater than five cubic feet in volume and when the container is wholly contained within a residential dwelling. Such typical permitted species shall be animals commonly available in a retail pet store such as fish, small birds, small mammals or small reptiles and similar animals weighing less than 10 pounds and as determined by the zoning officer. All animals shall be kept in accordance with the provisions of Chapter 108, Animals, of the Code of the Borough of South River and all state, local and federal laws governing such species. This section shall not apply to licensed domestic dogs and cats.
S.
On-site trailers. No shipping containers, tractor-trailer trailers, or modular buildings not permanently affixed to the ground shall be permitted in any zone unless use variance and site plan approval is granted in accordance with the subdivision and site plan chapter of this Code.[7] This section does not apply to recreation vehicles or manufactured housing.
T.
Licensed cannabis facilities.
(1)
Establishment of terminology. Facilities which are licensed by the State of New Jersey under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,[8] and/or its successors, shall, within the Borough of South River, be either a "licensed non-retail cannabis facility" or "licensed retail cannabis facility."
[8]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(2)
A licensed non-retail cannabis facility shall be a use operating within the scope of any of the following uses four descriptions:
(a)
Licensed growing, cultivating, or production of cannabis including the sale and/or ancillary transport of cannabis to other cultivators, manufacturers, wholesalers, or off-site retailers;
(b)
Licensed manufacturing of cannabis, including purchase and resale of finished or semi-finished cannabis, the preparation and packaging of cannabis products, and also including the sale and/or ancillary transport of cannabis to other manufacturers, wholesalers, or off-site retailers;
(c)
Licensed wholesale purchase, processing, storage, packaging, re-packaging and sale of cannabis to off-site retailers;
(d)
Licensed cannabis distributors, engaged in bulk transportation from cultivator to cultivator, or from licensed establishment to licensed establishment;
(e)
The term "licensed non-retail cannabis facility" shall by definition exclude any facility or use containing retail sales of cannabis or cannabis-containing products such as food ingredients, candy, lotions, oils, resins, or any other cannabis by-products of any kind to consumers, customers, households, or individual users of cannabis.
(f)
The term "licensed retail cannabis facility" shall be established by definition to include any licensed facility or use containing retail sales of cannabis or cannabis-containing products such as food ingredients, candy, lotions, oils, resins, or any other cannabis by-products of any kind to consumers, customers, households, or individual users of cannabis.
(3)
Licensure. Licensure described hereinabove shall refer to all required licenses issued by the State of New Jersey under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, and/or its successors. Any facility not possessing a valid and current license for any activity under that Act shall not be considered a licensed facility and shall thereby be excluded by definition from the term, licensed non-retail cannabis facility and/or licensed retail cannabis facility.
(4)
License application prerequisite for development application.
(a)
A developer proposing to operate a licensed non-retail cannabis facility or a licensed retail cannabis facility may file an application for development with the Borough of South River only after either:
(b)
When an application for development has been submitted to the Borough of South River for a proposed licensed non-retail cannabis facility or licensed retail cannabis facility which has a license application pending with the State of New Jersey as described hereinabove, the Borough of South River shall condition all development approval(s) upon obtaining said license(s). No occupancy may occur, nor may any facility begin operation until all required licenses for such use are obtained from the State of New Jersey and from the Borough of South River.
(5)
Duty to maintain compliance. A licensed non-retail cannabis facility or licensed retail cannabis facility established pursuant to this subsection shall, at all times, operate in complete compliance with the terms and conditions of its license(s) issued by the State of New Jersey, as well as all terms and conditions of all municipal approvals, permits and certificates issued by the Borough of South River.
(6)
Abandonment. If a licensed non-retail cannabis facility licensed retail cannabis facility has been inactive or unoccupied by the licensee for six months or more, or if the required licenses issued by the State of New Jersey become suspended, revoked or expired, the zoning approval for said premises shall be considered extinguished. The Zoning Officer shall issue a notice of suspension to the licensee and to the owner of the property. Any subsequent application for use or occupancy of the premises as a licensed non-retail cannabis facility or licensed retail cannabis facility, including re-occupation by the previous licensee, shall be referred to the original board of jurisdiction for modification or extension of the original zoning approval.
(7)
Enabling authority. The requirements of this subsection 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 subsection is inconsistent with the statutes and/or regulations of the State of New Jersey, the State statutes and/or regulations shall govern.
(8)
Zoning districts.
(b)
A licensed cannabis retail facility shall only be permitted in the following three types of locations:
[1]
Any lot which is both within the B-2 General Business District; and also within 400 feet of Old Bridge Turnpike/County Route 527, as measured from the centerline of the road (Old Bridge Turnpike) to the nearest point on the lot. This subsection shall not include any lot with frontage on Main Street.
[2]
Any lot which is both within the B-2 General Business District; and also within 500 feet of State Highway Route 18, as measured from the centerline of the road (Route 18) to the nearest point on the lot.
[3]
Any lot which has both frontage on Water/Causeway Street(s) and which is also within 800 feet of the intersection Water Street and Main Street as measured from the centerline of the Main Street to the nearest point on the subject lot. This subsection shall not include any lot with frontage on Main Street.
[4]
For any other location that does not satisfy both the zoning, street location, and/or roadway proximity requirements listed hereinabove; a proposed licensed retail cannabis facility at that location shall be considered an expressly prohibited use.
(9)
Development requirements. The following additional requirements shall be in effect for all applications for development involving a licensed non-retail cannabis facility or licensed retail cannabis facility, regardless of the zoning district in which the facility is proposed:
(a)
Site plan review and approval shall be required for all proposed cannabis facilities of any term or type.
(b)
Following site plan approval, and compliance with all conditions therein, the operator must obtain a certificate/permit of zoning compliance from the Zoning Officer before commencement of activity on the premises.
(c)
No outdoor growing, processing or sales shall be permitted. All activities shall occur inside an enclosed and permanent building. No production or sales shall be permitted in any vehicle, shipping container, trailer, or movable or mobile structure.
(d)
A licensed non-retail cannabis facility or licensed retail cannabis facility shall not be part of a home office or home occupation.
(e)
The bulk, parking, landscaping, performance standards, and signage requirements of the zoning district wherein the facility is proposed shall remain in effect.
(f)
One loading space shall be required for each facility. All other loading design requirements shall remain in effect.
(g)
Parking requirements for manufacturing, growing and wholesaling spaces shall be based on the standards for manufacturing uses found in § 350-27, Off-street parking requirements. Parking requirements for retail sales spaces shall be based on the standards for retail uses found in § 350-27, Off-street parking requirements.
(h)
Any licensed non-retail cannabis facility used for the cultivation or production of cannabis shall provide a fire suppression system to comply with the standards set forth by the Borough Fire Official.
(i)
No licensed non-retail cannabis facility or licensed retail cannabis facility shall be permitted to hold on the premises a physical reserve of cash, currency, or other monies in an amount exceeding $5,000.
(j)
Licensed retail cannabis facilities shall be designed with a floorplan and elevation plan to comply with all applicable state regulations. The facility shall be designed to allow safe storage of retail products and to facilitate secure product loading and deliveries. A lobby area no smaller than 150 square feet shall be provided upon initial entry into the facility. The lobby shall be separated from the retail sales space with a wall, screen, railing, or similar barrier. The lobby area shall be designed for employees to verify customer eligibility for purchase and to collect any additional buyer information required by state law. The lobby shall lead through a secure access door or opening to the retail sales floor where all sales shall occur. If any element of this subsection conflicts with state design regulations for licensed retail cannabis facilities, the state design regulations shall supersede and apply. Submission of floorplans and building elevations shall be a required element of any application for development to the Borough of South River.
(k)
All applications for development shall require submission of a written operations and safety plan detailing policies and procedures for the following items:
[1]
Building, site, product and employee security. Security protocols shall be submitted to the South River Police Department for review with all safety and security standards established by the State of New Jersey for the use. The South River Police Department may, at their discretion and upon review of the proposed location, recommend or require additional safety and security measures.
[2]
Fire/EMS response.
[3]
Disposal of faulty product or unused cannabis material.
[4]
Safety and storage details regarding any flammable materials, chemicals or fertilizers that may be part of growing or manufacturing process, or any other environmental hazards or materials that may be present at the facility.
[5]
Ventilation details for the cultivation systems, including indoor/outdoor air quality.
[6]
The building shall be equipped with a ventilation or other system sufficient in type and capacity to prevent cannabis odors from emanating from the interior of the premises. The ventilation system must be approved by the Borough Health Officer and Building Department and may be subject to periodic inspection.
[7]
Outside generators, pumps, fans 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 mechanical noise nuisance.
[8]
All applications for development shall require submission of a written report to demonstrate that the Borough electrical and water supply systems have adequate conveyance capacity to supply the operation, and detailing how waste water from the production process will be discharged into the appropriate the municipal sewer system, in accordance with all applicable water quality, treatment or other standards that may apply.