Washington Warren County
City Zoning Code
City Zoning Code
ARTICLE VII
Zone District Requirements
§ 94-70 Enumeration of districts.
[Amended 3-13-1984 by Ord. No. 1-84; 6-1-1993 by Ord. No. 17-93; 8-4-1998 by Ord. No. 7-98; 12-16-2003 by Ord. No. 17-2003; 6-7-2005 by Ord. No. 14-2005; 8-4-2020 by Ord. No. 2020-09; 8-4-2020 by Ord. No. 2020-10]
For the purpose of this chapter, the Borough of Washington is hereby divided into zone districts, known as:
M-3 | Mountain District |
R-1 | Residence District |
R-2 | Residence District |
R-3 | Residence District |
R-4 | Garden Apartment District |
R-6 | Residence District |
AR-7 | Age-Restricted Residential Zone District |
B-1 | Highway Business District |
B-2 | Central Business District |
OB | Office Building District |
I | Industrial District |
PL | Public Land District |
MO-3 | Mountain Overlay Residence District |
C-3 | Cemetery District |
§ 94-71 Zoning Map, schedules and performance standards.
[Amended 11-6-1989 by Ord. No. 15-89; 6-1-1993 by Ord. No. 17-93; 12-16-2003 by Ord. No. 17-2003]
The Zoning Map, 1993,[1] schedules and performance standards delineating and applying to the above zoning districts and the schedule of requirements which accompany this chapter, as well as the provisions of §§ 94-37, 94-40, 94-47, 94-54, 94-58, 94-61, 94-62, 94-66, 94-68 and 94-74, are hereby declared to be a part of this article and to be considered as zoning requirements. The particular design and performance standards whose section numbers are set forth just above shall, with regard to those developments exempt from site plan review or subdivision approval, be the subject of a zoning permit.
[1]
Editor's Note: A copy of the map is included at the end of this chapter for reference. A more recent version of the Zoning Map is included in the Code on the Borough's website, and the Official Zoning Map, as amended, is on file in the Borough offices.
§ 94-72 Interpretation of boundaries.
Zoning district lines are intended to follow street center lines, streams and lot lines unless otherwise indicated by dimensions on the Zoning Map. Any disputed zoning district line shall be determined by the Planning Board.
§ 94-73 Prohibited uses.
A.
All uses not expressly permitted in this chapter are prohibited.
B.
Notwithstanding the provisions of any other section of the Code of the Borough of Washington, the sale, offering for sale or display of obscene material is prohibited in any zone. For purposes of this subsection, "obscene material" means any description, narrative account, display or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film which, by means of posing composition, format or animated sensual details, depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals; lacks serious literary, artistic, political or scientific value, when taken as a whole; and is a part of a work which, taken as a whole, to the average person applying contemporary community standards, has a dominant theme which appeals to the prurient interest.
[Added 9-8-1981 by Ord. No. 12-81]
C.
No single-unit manufactured home of less than twenty-two-foot width or trailer, as defined in N.J.S.A. 40:55D-102, shall be permitted in any zone district, provided that nothing herein shall prohibit the unoccupied storage of trailers.
[Added 11-6-1989 by Ord. No. 15-89]
§ 94-73.1 Certain undersized lots.
[Added 11-6-1989 by Ord. No. 15-89]
Any nonconforming lot existing on the date of passage of this chapter, which has at least 2/3 of the minimum lot area required by this chapter and not meeting the definition of § 94-50F,[1] may have a zoning permit issued for a permitted use thereon without an appeal for a variance, provided that the building coverage requirement is not exceeded, the new structure does not violate any height or setback requirements, parking requirements are met, the nonconforming lot abuts lots on either side that are developed and the nonconforming lot is the largest possible assemblage of lots which would be included in a calculation pursuant to § 94-50F hereof. The side and rear yards may be reduced to the same percentage that the area of the lot bears to the zone district requirements, except that no yard shall be less than 2/3 of that required by this chapter or five feet, whichever is greater.
§ 94-73.2 Nonconforming uses, structures and lots.
[Added 11-6-1989 by Ord. No. 15-89]
The lawful use of lands or structures existing on the date of passage of this chapter may be continued although it may not conform to this chapter or to prior land use ordinances of the Borough of Washington. Land on which a nonconforming use is located or any nonconforming lot may not be subdivided so as to be made more nonconforming. This section shall not make lawful any use which, at the inception or expansion of such use, violated any prior ordinance of the Borough of Washington, nor shall any such use be considered a valid prior nonconforming use as to this chapter.
A.
Abandonment. A nonconforming use shall be considered to be abandoned if it is voluntarily terminated by the owner. A rebuttable presumption in favor of abandonment shall arise where a nonconforming use involving a structure or land is terminated for 12 consecutive months. The subsequent use of any such abandoned structure or land shall be in conformance herewith.
B.
Maintenance. Maintenance may be made to a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of the lot or part of a lot used for any nonconforming purpose or increase the extent of the nonconforming use in any other manner.
C.
Rebuilding in the event of catastrophe. Any nonconforming structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or other casualty shall be examined by the Construction Official. If the cost of repairing such condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to original specifications only upon approval of use or bulk variances, as required. Where the value of repairing the condition is less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure. The reconstruction shall commence within 12 months of the date the building was damaged or condemned with the reconstruction carried out without interruption, otherwise the damaged structure shall not be rebuilt as a nonconforming use or building.
D.
A one- or two-car detached garage, open porch, patio, deck, shed, swimming pool, gazebo having no dimension greater than 12 feet or other similar customary accessory use which does not expand the gross floor area of the dwelling may be added to a lot containing a preexisting, nonconforming residential use in a nonresidential zone, provided that the addition does not, in whole or in part, contain a home occupation.
[Added 10-3-2000 by Ord. No. 12-2000]
§ 94-73.3 Numbers of principal uses.
[Added 11-6-1989 by Ord. No. 15-89]
No lot shall be erected on it more than one permitted principal use or one principal building; except that shopping centers or industrial parks or office parks or mixed office/industrial parks or multifamily development may be permitted with more than one building per lot when erected in accordance with an approved site plan and when all buildings on the lot are sited to comply with all yard requirements, as well as the definition of industrial or office park or shopping center if applicable. No valid prior nonconforming use shall have an additional conforming use added to the lot or lots upon which said valid prior nonconforming use is situated unless all uses on such lot or lots comply with all bulk requirements and performance standards of this chapter.
§ 94-74 M-3 Mountain District.
A.
Purpose. The Mountain District is created to provide for large-lot residential uses recognizing the existing remote character of the area, the rock conditions, difficult road access, steep slopes, heavy forest cover, and adjacent zoning in Washington Township.
B.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Accessory uses customarily incident to the above use, provided that they do not include any activity commonly conducted for gain unless specifically permitted in this district.
(3)
Permitted uses include home offices and instruction for musical instruments on one-to-one basis not entailing more than one student at any one time for one teacher in a residence.
C.
Area yard and bulk requirements (principal permitted uses).
Use Type | Minimum Lot Area (acres) | Minimum Lot Width (feet) | Minimum Lot Depth (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Building Height (feet) | Maximum Lot Coverage (percent) |
|---|---|---|---|---|---|---|---|---|
Detached single-family dwelling | 3 | 225 | 300 | 75 | 40 | 40 | 35 | 8% |
D.
Area yard and bulk requirements (accessory uses).
(1)
Any accessory building or deck constructed of any material attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building.
(2)
The minimum distance of any accessory building to a property line or to a building on the same lot shall be five feet.
(3)
Height and area. Accessory buildings shall not exceed 15 feet in height and may not occupy an area totaling more than 25% of a required rear yard or a maximum of 900 square feet, whichever is smaller.
(4)
Location. An accessory building may be erected in the side or rear yard only. If erected on a corner lot, it shall be set back from the side street to comply with the setback line applying to the principal building.[2]
[2]
Editor's Note: Former Subsections E, Cluster option, F, Area and yard bulk requirements for cluster option (principal permitted use), G, Area and yard bulk requirements (accessory uses), and H, Affordable housing, were repealed 8-4-2020 by Ord. No. 2020-09.
[1]
Editor's Note: Former § 94-74, R-1A Residence District, was repealed 6-1-1993 by Ord. No. 17-93.
§ 94-74.1 MO-3 Mountain Overlay Residence District.
[Added 8-4-2020 by Ord. No. 2020-09]
A.
Purpose. The Mountain Overlay Residence District is created to provide for small-lot residential uses connected to public water and sewer to comply with the requirements and terms of Settlement Agreements with Fair Share Housing Center on December 10, 2018 and with the Washington Venture Entities on October 9, 2018 (as amended on December 18, 2018 and on June _____, 2020) (collectively hereinafter the "Settlement Agreements"). This section creates design and bulk standards to ensure that single-family housing in this zone is developed in a manner that is sensitive to the character of the surrounding area and environment.
D.
Maximum number of lots. There shall be no more than 50 single-family lots permitted on the residential lot.
E.
Tract area. The entire residential lot shall be approximately 35 acres, consistent with the Settlement Agreements and all amendments thereto.
F.
Common open space.
(1)
A minimum of 25% of the residential lot shall be designated as common open space. Common open space may include stormwater management facilities and other nonbuildable areas such as wetlands or stream buffer areas.
(2)
Open space not dedicated to the Borough shall be assigned for ownership and maintenance to an organization provided for this purpose by the developer. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization which is conceived and established to own and maintain the open space for the benefit of such development and which thereafter shall not be dissolved or disposed of any of its open space without first offering to dedicate the same to the Borough. The developer shall be responsible for the maintenance of any such open space until such time as the organization established for its ownership and maintenance shall be formed and functioning and shall be required to furnish a performance guaranty for such maintenance for a period of two years after the final certificate of occupancy is issued. All documents pertaining to any organization established to own and maintain common open space shall be subject to review and approval of the Borough Attorney, who shall require that all portions thereof be recorded as covenants running with the land.
(3)
Failure to maintain open space. In the event that the organization shall fail to maintain the open space in reasonable order and condition, the Zoning Officer shall serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization or the owner has failed to maintain the open space in reasonable condition and demanding that such deficiencies be cured within 35 calendar days. This notice shall also state the date and place of a hearing thereon, which shall be held within 15 days of the date of the notice. At such hearing, the board which granted approval of the development may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed 65 days within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within 35 days of the date of the notice or within the period of any extension granted, the Borough, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners and is accepted by the Borough.
G.
Area yard and bulk requirements (principal permitted uses).
Use Type | Minimum Lot Area | Minimum Lot Width (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Building Height (feet)1 | Maximum Lot Coverage (percent) | Maximum Building Coverage (principal building) |
|---|---|---|---|---|---|---|---|---|
Detached single-family dwelling | 7,000 square feet | 60 | 25 | 10; 20 feet combined or 30% of the lot width, whichever is greater | 30 feet if the rear yard is backs up to a residential lot; 25 feet if the rear yard backs up to common open space or publicly preserved open space | 2 1/2 stories or 35 feet | 50% | 30% |
1 | In no event shall the building height exceed 35 feet/2.5 stories along any facade facing a road. Basement garages shall be permitted provided the garage doors are located along the building's side or rear facade. Walkout basements shall be permitted provided it meets the definition of half-story and basement. |
H.
Accessory uses and structures area yard and bulk requirements.
(1)
The minimum distance of any accessory building or structure, other than an uncovered deck or patio, constructed of any material attached to a principal building is part of the principal building and shall adhere to the yard setback requirements for the principal building.
(2)
The minimum distance of any accessory building or structure, other than an uncovered deck or patio, to a property line or to a building on the same lot shall be five feet.
(3)
The minimum distance of an uncovered deck or patio less than 18 inches above grade in height to a property line shall be eight feet.
(4)
The minimum distance of any uncovered deck or patio more than 18 inches above grade in height to a property line shall be 10 feet.
(5)
Height and area. Accessory buildings or structures shall not exceed 15 feet in height and may not occupy an area totaling more than 25% of a required rear yard.
(6)
Location. An accessory building or structure may be erected in the side or rear yard only. If erected on a corner lot, it shall be set back from the side street to comply with the setback line applying to the principal building.
I.
Additional requirements.
(1)
As part of any subdivision and/or site plan application, an environmental impact report shall be submitted and considered by the Land Use Board in compliance with Code § 94-46; however, an environmental impact statement shall not be required for the initial minor subdivision to create the open space parcel. Environmental elements relating to soil erosion, preservation of trees, topography, soil and animal life shall be considered, and the design of the plan shall minimize any adverse impact on these elements.
(2)
Each exterior face of a single-family dwelling shall include windows and the windows shall not be less than 4% of the building face.
(3)
Connections to public water and sanitary sewer are required.
J.
If the proposed residential units will be served by individual septic systems, the bulk standards set forth herein shall not apply and the underlying Mountain District (M-3) Zoning without the cluster option shall apply. In no event shall a package treatment plant be permitted.
L.
Access to the residential lot shall only be permitted via Nunn Avenue. Emergency access only can be provided via the adjacent cemetery lot pursuant to an access easement, which restriction shall be a condition of any subdivision or site plan approval. In the event the adjacent cemetery does not purchase the cemetery lot, and/or the proposed cell tower cannot be accessed through the cemetery lot, access to the cell tower may be provided through the residential lot, but such access shall not serve the existing or proposed cemetery.
M.
Streets and sidewalks. All roads within the residential development in the MO-3 Zone shall be private and comply with Residential Site Improvement Standards (RSIS), unless waivers have been granted by the Borough Land Use Board.
N.
Compliance with Borough ordinances. All existing Borough ordinances, including but not limited to Chapter 57, Stormwater Control, Chapter 61, Numbering of Buildings, Chapter 73, Soil Removal, Chapter 83, Trees, Chapter 47, Garbage, Rubbish, and Refuse, and Chapter 75, Streets and Sidewalks, shall apply. However, Chapter 75, Article VII, entitled "Street Construction Standards," does not apply to private roads. Additionally, Chapter 83, entitled "Trees," only applies to trees located within the public right-of-way, a public highway, or public place.
[Amended 3-16-2021 by Ord. No. 2021-02]
§ 94-75 R-1 Residence District.
A.
Permitted uses.
[Amended 7-24-1979 by Ord. No. 22-79]
(1)
Single-family detached dwellings.
(2)
Accessory uses customarily incident to the above use, provided that they do not include any activity commonly conducted for gain unless specifically permitted in this district.
(3)
Home offices are permitted.
[Amended 12-2-1997 by Ord. No. 15-97]
(4)
Instruction for musical instruments on a one-to-one basis not entailing more than one student at any one time for one teacher in a residence.
B.
Required conditions.
(1)
Height. The height of principal structures shall not exceed 2 1/2 stories or 35 feet, whichever is the lesser. The height of accessory buildings is regulated by § 94-37.
(2)
Front yard. There shall be a front yard of not less than 50 feet, except that where existing buildings on the same side of the street and within 200 feet form an established setback, new buildings shall conform thereto, provided that no new building shall be nearer than 35 feet to the front street right-of-way line, nor is it required that any building be set back more than 60 feet from the front street right-of-way line. In major subdivisions employing the use of cluster zoning, as defined and regulated in this chapter, no front yard shall be less than 35 feet.
(3)
Side yards. There shall be two side yards, and no side yard shall be less than 15 feet. For any existing platted single lot or contiguous lots that total less than the minimum width required by this chapter, and which are construed as building lots pursuant to § 94-50, the required side yard requirement may be reduced at a ratio of one foot for each five feet of lot width less than 100 feet, provided that no side yard shall be less than 10 feet. In major subdivisions employing the use of cluster zoning, as defined and regulated in this chapter, no side yard shall be less than 10 feet.
(4)
Rear yard. There shall be a rear yard of at least 50 feet; provided, however, that in subdivisions employing use of cluster zoning, as defined and regulated in this chapter, no rear yard shall be less than 40 feet, except that open, uncovered decks may be constructed in the rear yard, provided that a rear yard of not less than 35 feet shall be maintained.
[Amended 2-17-2004 by Ord. No. 3-2004]
(5)
Minimum lot area. Every lot shall have a minimum area of 17,500 square feet. Said area must be measured within 175 feet of the front street right-of-way line; provided, however, that within a major subdivision employing the use of cluster zoning, as defined in this chapter, the minimum lot area shall be not less than 10,625 square feet measured within 125 feet of the front street right-of-way line, provided that the subdivision plan of the reduced lot sizes as permitted by this subsection is approved by the Planning Board, and further provided that all of the following requirements are met:
(a)
Either there shall be deeded to the Borough of Washington for public purposes or there shall be devoted to open space or recreational use in private ownership an area or areas shown on a plan approved by the Planning Board. To preserve the R-1 Residence District density pattern, the area of such open space so dedicated or reserved shall bear the same ratio to the area of the total tract being subdivided as the average reduced lot area bears to the basic lot area of 17,500 square feet, provided that the aggregate of open space areas reserved or dedicated (exclusive of streets) within any one major subdivision shall be at least 30% of the area of the entire subdivision or eight acres, whichever is larger.
(b)
Subdivisions employing cluster zoning, as defined and regulated herein, shall have a density not in excess of two principal residential structures for every gross acre of the entire tract, including lands to be dedicated to the Borough for public use and/or lands to be reserved for open space or recreational use in private ownership, exclusive of streets.
(6)
Minimum lot width. The minimum width of any lot in the R-1 Residence District shall be 100 feet; 85 feet for lots created under cluster zoning.
C.
Permitted conditional uses.
[Added 12-2-1997 by Ord. No. 15-97]
(3)
The following bulk requirements shall apply to all conditional uses enumerated hereinabove, but any variance application in respect to these bulk requirements shall be considered as a bulk variance:
(a)
Such occupations shall be conducted solely by resident occupants of the lot, except that not more than one person not a resident of the building may be present at the premises at any one time.
(b)
No more than 500 square feet or 40% of the area of the first floor of the building, whichever is smaller, shall be used for such purposes.
(c)
The residential character of the building viewed from its exterior shall not be changed.
(d)
The occupation shall be conducted entirely within the building which houses the same, and no exterior storage of tools or materials associated with the business, other than the outdoor parking of commercial vehicles no larger than a full-size pickup or panel van, not exceeding one-ton maximum gross vehicle weight, is to be permitted.
(e)
No occupational sound shall be audible at any boundary line of the property.
(f)
No chemicals, dust or other effluents, including nondomestic sewage, shall be permitted nor shall any odor or smoke emanate from the property on account of the home occupation use.
(g)
No electromagnetic interference shall be caused by the use and no explosive materials which serve no other lawful purpose are to be kept on site, except gunpowder in amounts less than five pounds.
(h)
Any parking associated with the home occupation shall be entirely accommodated within the property lines.
(i)
There shall be no on-site retail sales of merchandise associated with any such use other than by mail order. Off-site delivery of goods shall be permitted. Merchandise sales of accessory items normally and customarily associated with the rendering of personal services shall be permitted but only secondary to the rendering of personal services.
(j)
The occupation shall be conducted entirely within either the primary dwelling or an accessory building, but not both.
(k)
Uses not specifically mentioned in this section are not necessarily excluded. Any use not specifically prohibited hereby shall not be deemed to be permitted simply because it is not specifically prohibited. It is the intent of this section that any and all home occupations comply with the conditions of Subsection C(3)(a) through (k) hereof, and such compliance is to be the determining factor in whether or not the uses are permitted.
§ 94-76 R-2 Residence District.
A.
Permitted uses. Any use as permitted and regulated in the R-1 Residence District.
B.
Required conditions.
(1)
Height. The height of a principal structure shall not exceed 2 1/2 stories or 35 feet, whichever is the lesser. The height of an accessory structure is regulated by § 94-37.
(2)
Front yard. There shall be a front yard of not less than 40 feet, except that, where the existing buildings on the same side of the street and within 200 feet form an established setback, new buildings shall conform to such established line, provided that no new building may project closer than 30 feet to the front property line nor need be set back more than 50 feet from said property line.
(3)
Side yards. There shall be two side yards, neither of which shall be less than eight feet. Any existing platted lot or lots that are less than the minimum width required by this chapter and which are construed as building lots pursuant to § 94-50 may reduce the side yard requirements at a ratio of one foot for each five feet of lot width less than 75 feet, provided that no side yard shall be less than six feet.
(4)
Rear yard. There shall be a rear yard of at least 40 feet.
(5)
Minimum lot area. The minimum lot area of 11,250 square feet must be measured within 150 feet of the front street right-of-way.
(6)
Minimum lot width. The minimum width of any lot in the R-2 Residence District shall be 75 feet.
C.
Conditional uses as regulated in the R-1 Zone.
[Added 12-2-1997 by Ord. No. 15-97]
§ 94-77 R-3 Residence District.
B.
Required conditions.
(1)
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
(2)
Front yard. There shall be a front yard of not less than 25 feet, except that, where the existing buildings on the same side of the street and within 200 feet form an established setback, new buildings shall conform to such established line, provided that no new building may project closer than 20 feet to the front property line nor need be set back more than 35 feet from said property line.
(3)
Side yards. There shall be two side yards, and no side yard shall be less than six feet.
(4)
Rear yard. There shall be a rear yard of at least 25 feet.
(5)
Minimum lot area. Every single-family dwelling shall have a minimum lot area of 6,250 square feet measured within 125 feet of the front street right-of-way line. Every structure housing more than one family shall have a minimum area of 5,000 square feet per family unit measured within 125 feet of the front street right-of-way line, provided that no such structure shall contain more than three family units.
(6)
Minimum lot width. The minimum width of any lot in the R-3 Residence District shall be 50 feet.
C.
Conditional uses are as regulated in the R-1 Zone.
[Added 12-2-1997 by Ord. No. 15-97]
§ 94-78 R-4 Garden Apartment District.
B.
Required conditions.
(1)
Height. No building shall exceed two stories or 35 feet in height, whichever is the lesser. Dwelling units in basements are prohibited. Projections above the roofline not exceeding a total of 15% of the ground floor area and not exceeding 45 feet in total height from the ground are permitted, subject to site plan approval, when necessary to provide heating, air-conditioning or elevator equipment. Not more than one external master television antenna shall be permitted on each principal multiple-family dwelling building, and no individual television or FM antennas shall be permitted.
(2)
Yards. Every garden apartment development shall be so designed and constructed that no portion of a structure containing a dwelling unit shall be closer than 100 feet to any abutting front street line nor closer than 85 feet to any other property line.
(3)
Open space between buildings. To provide adequate light, air and circulation between buildings, no garden apartment buildings, including buildings containing dwelling units, detached garages, recreation buildings or any other buildings on the site, shall be constructed so that any point on the outside wall thereof is less than 40 feet from the nearest point in the outside wall of any other garden apartment building, provided that, wherever any access driveway or private roadway within the tract may pass between garden apartment buildings, the width of such driveway or roadway shall be added to the minimum distance between the buildings. No dimension of any open courtyard formed by either one building or a group of connected buildings shall be less than 60 feet. All apartments shall have at least two walls with 50% exposure to the outside for cross ventilation, and not more than 12 dwelling units per story shall be permitted, but nothing herein shall prohibit attachment of buildings to one another, provided that where buildings are so attached, they must be so arranged and designed that no building facade shall continue in the same plane for a length of more than 110 feet without an offset of at least five feet, and in any case all buildings shall be so arranged that when viewed from any one direction the overall length, even though not at the same plane, shall not exceed 300 feet.
(4)
Density; building coverage. Every garden apartment development shall provide at least 5,000 square feet of lot area for each two-bedroom or larger dwelling unit and at least 4,200 square feet of lot area for each one-bedroom dwelling unit. Areas within the site devoted to usable open space, off-street parking and driveways may be included in computing the area requirements regarding density. Maximum building coverage shall not exceed 20% of the computed total square foot lot area requirements herein provided.
(5)
Minimum total lot area. No site plan for any development on which multiple-family dwellings (garden apartments) are to be constructed shall be approved unless such site contains a minimum of 15 contiguous acres not separated or divided by any public street, which area shall be measured within 1,200 feet of the front street line, provided that the total site area, in any event, shall be sufficient to provide for all off-street parking, usable recreation space, yards and other requirements consistent with the projected number of dwelling units to be constructed in the entire project represented on the site plan. Interior tracts may be granted site plan approval, provided that there is a minimum contiguous frontage of 300 feet on a public or private road approved by the Planning Board and the bulk of the tract is contained in an area, the dimensions of which are generally shaped so that its average length is not greater than 100% of its average width or vice versa.
§ 94-79 R-6 Residence District.
[Amended 12-2-1997 by Ord. No. 15-97; 8-4-1998 by Ord. No. 7-98]
C.
Attached single-family dwelling standards.
(1)
Yards. No building containing a single-family attached dwelling unit shall be closer than 25 feet to any abutting street right-of-way line. Accessory structures and parking are permitted in the side and rear yard, provided that no accessory structure or parking area shall project closer than 20 feet to any structure.
(2)
Separation requirements. There shall be a minimum distance of 30 feet between all dwelling structures; provided, however, that no dimensions of any open courtyard formed by either one building or a group of buildings shall be less than 60 feet. A minimum distance of 15 feet is required between accessory structures.
(3)
Units per structure. No structure shall contain more than six dwelling units.
(4)
Lot width. Dwelling units shall be on lots a minimum of 20 feet wide. If individual lots are not created, the dwelling unit width shall be a minimum of 20 feet.
D.
Detached single-family dwelling standards. Area and yard requirements for development of single-family detached dwelling units shall be in accordance with standards of the R-1 Residence District, except that the cluster development option shall not apply.
E.
Mixed-use development standards.
(1)
Sites containing a minimum total tract area of 25 acres may be developed with a combination of attached single-family dwelling units and detached single-family dwelling units, as permitted in this zone, provided that a minimum of 40% of the total units proposed are single-family detached units.
(2)
The minimum setback for attached single-family dwelling units from proposed single-family detached units lot lines shall be 25 feet.
§ 94-79.1 AR-7 Age-Restricted Residential Zone District. [1]
[Added 6-7-2005 by Ord. No. 14-2005]
A.
Purpose. The purpose of the AR-7 Age-Restricted Residential Zone District is to provide for active adult residential development.
C.
Permitted accessory uses.
(1)
Recreational, social and communal facilities for the exclusive use of residents of the community and guests.
(2)
Recreation building and facilities.
(3)
Off-street parking areas.
(4)
Individual and common mailboxes.
(5)
Trash receptacle enclosures.
(6)
Project sign during time of construction, which shall be removed immediately after construction has ceased.
(7)
Fences.
(8)
Construction and sales trailer(s) during time of construction, which shall be removed immediately after construction has ceased.
D.
Mandatory affordable housing set-aside. Eighteen percent, but not more than 16, of the residential dwelling units within the AR-7 Zone District shall be set aside for low- and moderate-income households. A minimum of 1/2 of the affordable units shall be affordable to low-income households, and the remaining affordable units shall be affordable to moderate-income households. As an alternative, the affordable housing set-aside may be met with a minimum of 12 of the residential units constructed on site as units for low- and moderate-income households and a payment in lieu of constructing four of the affordable units. Pursuant to N.J.A.C. 5:94-4.4(c), the amount of payments in lieu of constructing affordable units shall be $35,000 per unit for an in-lieu-of payment. All affordable housing units constructed on site shall conform to the requirements of the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq., and the Council on Affordable Housing per N.J.A.C. 5:94-1.1 et seq.
E.
General conditions.
(1)
Minimum tract area. The minimum tract area for the development shall be 15 acres under the ownership or control of a single entity and the subject of a development application.
(2)
Residential density. The maximum density shall not exceed six dwelling units per gross acre.
(3)
Townhouse configuration. Townhouse units shall not exceed six units within any one overall structure.
(4)
Minimum tract frontage. The minimum tract frontage shall be 200 feet.
(5)
Minimum building setback from tract boundaries. All buildings shall maintain a minimum setback of 35 feet from an existing public street right-of-way and 25 feet from all other tract boundaries.
(6)
Minimum building setback from interior street. All buildings shall maintain a minimum setback of 18 feet from the curbline of any street located within the tract boundaries, except that the garage entrance shall maintain a minimum distance of 25 feet to the curbline.
(7)
Minimum distance between residential buildings. The minimum distance between residential buildings shall be as follows:
(a)
The front of one building to the front of another building: 70 feet.
(b)
The front of one building to the side of another building: 60 feet.
(c)
The front of one building to the rear of another building: 70 feet.
(d)
The side of one building to the side of another building (end unit): 20 feet.
(e)
The side of one building to the rear of another building: 35 feet.
(f)
The rear of one building to the rear of another building: 45 feet.
(8)
Minimum distance between residential buildings and community center building. The minimum distance between any residential building and the community center shall be 35 feet.
(9)
Maximum building coverage. The maximum building coverage, including principal and accessory buildings and structures, shall not exceed 25% of the gross acreage of the tract.
(10)
Maximum impervious coverage. Maximum impervious coverage shall not exceed 55% of the gross acreage of the tract.
(11)
Bulk standards for lotted developments. The following additional standards apply to lotted development proposals:
(a)
The minimum lot area. The minimum lot area for a building containing duplex, townhouse or multifamily dwellings shall be 2,000 square feet.
(b)
Minimum lot frontage and width. The minimum lot frontage and width shall be 20 feet, except that on lots on curving streets or private driveways, frontage may be reduced to 1/2 of the required width.
(c)
Minimum frontage yard. The minimum front yard shall be 18 feet from the curbline of any street located within the tract boundary and 35 feet from an existing public street right-of-way.
(d)
Minimum side yard. The minimum side yard shall be zero feet for an interior unit and five feet for an end unit.
(e)
Rear yard. The minimum rear yard for any building shall be 12 feet. The minimum rear yard for any deck attached to any building or any patio emanating from any building shall be four feet.
[Amended 8-21-2007 by Ord. No. 8-2007]
(f)
Building and impervious coverage. Building coverage and impervious coverage shall be calculated only for the entire tract.
(g)
Condominium/unlotted developments. Unlotted developments may be permitted in lieu of lotted developments, provided that the area for each building and the location of each building are identified on the plan to show compliance with the regulations for lotted developments as above.
(12)
Common open space. A minimum of 5% of the total land area of the tract shall be devoted to open space. The open space shall be set aside for open space as common property for the benefit of the residents. Whenever possible, common open space shall be designed as a continuous system of usable areas, interspersed around groupings of residential dwelling units. Common open space shall not include lots, parking areas and accessways on road rights-of-way. In the case of unlotted dwellings, an area equal to the yard requirements of individual dwellings of the same type shall be inscribed around the building and shall not be considered common open space.
(13)
Community center and recreation improvements.
(a)
The age-restricted development shall include a community center building consisting of at least 18 square feet per residential dwelling unit. The community center may include, but is not limited to, a kitchen, office and recreational and social activity rooms. The maximum height of the community building shall not exceed 35 feet.
(b)
Recreation improvements shall consist of active and passive facilities, including, but not limited to, two tennis courts and a swimming pool. Recreation improvements may be constructed off tract or a cash payment made in lieu of locating them on the development tract.
(14)
Maximum residential building height. The maximum building height for any residential building shall not exceed 38 feet or 2.5 stories.
(15)
Parking requirements.
(a)
The number and design of parking spaces for the residential dwellings shall conform to the requirements of Section 5:21-4.14 and the design standards of Sections 5:21-4.15 and 5:21-4.16 of the Residential Site Improvement Standards.[2] At least one parking space per unit shall be provided within an enclosed garage.
[2]
Editor's Note: See N.J.A.C. 5:21-4.14 through 5:21-4:16.
(b)
Off-street parking for the community center shall be provided at a ratio of three parking spaces per 1,000 square feet of gross floor area.
(16)
Utilities. Any development within the AR-7 Age-Restricted Residential Zone District shall be served by municipal water and sewerage systems. All utility lines, including power, telephone and cable lines, shall be installed underground.
(17)
Project sign. A development identification sign may be permitted, subject to review and approval by the Planning Board and in accordance with the standards of § 94-62B(1)(d) of this chapter.
F.
Site access and internal streets. There shall be at least one point of public access to an existing collector or major arterial road within the Borough. The approving authority shall reserve the right to require on-tract, off-tract and/or off-site road improvements to ensure safe and efficient ingress and egress to the site. All internal streets shall be designed in accordance with the Residential Site Improvement Standards. The ownership of the roads shall be determined at the time of site plan review by the approving authority.
G.
Pedestrian facilities. Safe pedestrian access is required to link all developed components of the development and to the Borough's Downtown District. Sidewalks having a minimum width of four feet shall be provided along both sides of all internal streets, between parking areas, individual driveways and residential buildings, and between all residential buildings and recreation areas/community facilities. The entire pedestrian circulation network shall be provided with appropriately scaled lighting to ensure public health and safety.
H.
Landscaping, street trees, and buffers. A landscape plan, prepared by a New Jersey certified landscape architect, shall be required to provide for the following:
(1)
Off-street parking areas shall be screened to provide year-round landscaping and/or decorative fencing. All screening materials shall be planted/installed at a minimum height of five feet.
(2)
Street trees, three to 3 1/2 inches caliper, B+B,[3] shall be installed on both sides of all streets, planted at a distance not to exceed 40 feet on center. Trees shall be generally spaced evenly along the street within a planting strip not less than five feet in width.
[3]
Editor's Note: The reference "B+B" means "balled and burlapped."
(3)
The interior of stormwater basins shall be planted with the quantity of trees equal to the number of trees that would be necessary to cover the entire area, based upon a twenty-foot-by-twenty-foot grid to the high-water line or outflow elevation. Of this number, 10% shall be two inches to 2 1/2 inches caliper; 20% shall be one inch to two inches caliper; and 70% shall be six-foot-to-eight-foot-height whips. The trees shall be planted in groves and spaced five feet to 15 feet on center. The ground plane shall be seeded with a naturalization, wildflower and/or wet meadow grass mix. Wet-site-tolerant shrubs shall be massed around the basin(s). The specific blend shall be approved by the Borough Landscape Architect. All woody and herbaceous plants shall be species indigenous to the area and/or tolerant to typical wet/dry floodplain conditions.
(4)
A landscape buffer, consisting of a combination of deciduous trees, conifers, shrubs, berms and, if appropriate, fences or walls in sufficient quantities and sizes to create a year-round screening, shall be provided within a minimum depth of 15 feet along all tract boundaries. An enhanced buffer beyond the minimum standard may be required by the Planning Board if it determines that the minimum requirements are not sufficient to provide adequate protection from the adverse impacts of factors external to the development site, including, but not limited to, noise and the visual impact of incompatible land uses. This shall include berms and/or wood or concrete fences.
I.
Phasing plan. The developer may submit a phasing plan for approval by the Planning Board. The community center and all exterior recreational facilities shall be constructed and available for use by the residents no later than the point where 50% of the certificates of occupancy of the total approved residential units in the development have been issued.
J.
Maintenance of common elements. Common open space and recreation facilities shall be owned in common by the residents of the planned age-restricted community and managed by a homeowners' association in accordance with the provisions of N.J.S.A. 40:55D-43. All open space and recreation areas shall be deed-restricted in a manner satisfactory to the Planning Board Attorney. The restrictions shall be sufficient to assure that the open space and recreation areas will be maintained and preserved for their intended purpose. Covenants or other legal arrangements, including homeowners' association documents, shall specify ownership of the area; method of maintenance, responsibility for maintenance, maintenance taxes, and insurance; compulsory membership and assessment provisions; and guarantees that any association formed to own and maintain the area will not be dissolved without the consent of the Planning Board.
K.
Permanent deed restrictions. The developer shall submit a permanent deed restriction detailing on the deed for the entire tract and in the deeds for each individual lot, if applicable, within the development methods of implementing the age restriction to the Planning Board for its review and approval.
L.
Homeowners' association. The applicant shall establish a homeowners' association for the planned age-restricted community. The association shall own and be responsible for the maintenance, repair and reconstruction of all commonly owned buildings, facilities and lands. At a minimum, all such lands shall include recreational areas, open space, and drainage facilities required by the Planning Board. Notification of the ownership and maintenance responsibilities of the homeowners' association for all recreation, security facilities and undeveloped open space shall be included in the contract of sale and deed of each residence. The documents creating a homeowners' association shall be approved by the Township Attorney prior to recording.
M.
Age-restricted for dwelling unit occupancy. Approval of an age-restricted residential community shall require the placement of restrictive covenants, in a manner satisfactory to the Planning Board Attorney, on the deeds to all portions of a tract to ensure that occupancy will be limited to at least one member of the household 55 years of age or older with no children under 19 years of age in permanent residence, pursuant to the Federal Fair Housing Amendments Act of 1998, and any amendments thereto, including but not limited to the Housing for Older Persons Act of 1995. Irrespective of the Federal Fair Housing Amendments Act, there shall be no occupancy of any residential unit unless at least one member of the household, who is also a titleholder to the property, is 55 years of age or older.
[1]
Editor's Note: Former § 94-79.1, R-4A Mixed Multifamily Residence District, added 9-13-1983 by Ord. No. 20-83, was repealed 6-1-1993 by Ord. No. 17-93.
§ 94-80 B-1 Highway Business District.
[Amended 11-9-1982 by Ord. No. 38-82]
A.
Permitted uses.
[Amended 11-6-1989 by Ord. No. 15-89]
(1)
This zone is limited to any use permitted and regulated in the B-2 Business District, as well as coal and lumber yards, commercial warehouses and amusement arcades, public garages, public utilities and industrial uses are also permitted.
(2)
In addition to the foregoing permitted uses, any building within the B-1 Highway Business District may be used for any of the following purposes: automobile, truck and tractor service, repair and storage; warehousing; shops for knitting, sewing, hemming and other textile and fabric jobbing and light manufacture, exclusive of washing and dyeing; light machine work, toolmaking, bench work, light electronic, metal, wood or plastic fabrication and/or assembly thereof; and light industrial activities similar in kind and extent to any of the foregoing.
B.
Required conditions.
(1)
Height. No building shall exceed two stories or 28 feet in height, whichever is the lesser.
(2)
Front yard. There shall be a minimum front yard setback of 25 feet.
(3)
Side yard. All business buildings may be built without side yards, except, where a side yard in the business zone abuts a side yard in a residence zone, there shall be a minimum side yard of 10 feet.
(4)
Rear yard. There shall be a rear yard of at least 10 feet unobstructed by buildings or other permanent structures.
C.
D.
Accessory uses.
[Added 8-11-2021 by Ord. No. 2021-07]
(1)
Cannabis delivery services. Cannabis delivery services shall be permitted as an accessory use to cannabis retailers, alternative treatment centers and medical cannabis dispensaries in the B-1 District. Nothing herein shall be interpreted to restrict the transportation or deliveries of cannabis items to consumers within the Borough in compliance with the CREAMMA.
§ 94-81 B-2 Central Business District.
A.
Permitted principal uses.
[Amended 5-28-1985 by Ord. No. 7-85; 11-6-1989 by Ord. No. 15-89; 7-7-2009 by Ord. No. 8-2009]
(1)
In the B-2 Central Business District, no lot shall be used and no structure shall be erected, altered or occupied for any purposes except as herein described. Permitted principal uses shall be limited to residential units (permitted on second and upper floors) and nonresidential uses shall be permitted in accordance with the restrictions set forth herein. The following establishments or uses shall be permitted except as the various establishment types are limited by the subsequent section describing prohibited uses. Any business not included below will require a use variance appeal.
(a)
Retail trade stores shall be permitted and limited to furniture stores, window treatment stores, floor covering stores, all other home furnishing stores, household appliance stores, electronics stores (including television and radio sales), computer and software stores, camera and photographic supplies stores, paint and wallpaper stores, hardware stores, food and beverage stores, supermarkets and other grocery stores, convenience stores, meat markets, fish and seafood markets, fruit and vegetable markets, baked goods stores, confectionery and nut stores, all other specialty food stores, beer/wine and liquor stores, pharmacies and drugstores, cosmetic stores, beauty supplies and perfume stores, optical goods stores, health food and supplement stores, all other health and personal care stores (limited to convalescent supply stores, hearing aid stores, medical equipment and supplies stores, prosthetic stores, sick room supply stores), men's clothing stores, women's clothing stores, children's and infants' clothing stores, family clothing stores, clothing accessory stores (limited to apparel accessory stores, clothing accessories stores, costume jewelry stores, men's and boys' furnishings stores, women's and girls' furnishings stores, handbag stores, hat and cap stores, jewelry stores, neckwear stores, tie shops, wig and hairpiece stores), bridal gown shops (except custom bridal shops), coat stores, costume stores, dress shops, fur apparel stores, hosiery stores, leather coat stores, school uniform stores, swimwear stores, T-shirt shops, custom-printed T-shirt shops, uniform stores, shoe stores, jewelry stores, luggage and leather goods stores, sporting goods stores, hobby shops, toy and game stores, sewing and piece goods stores, musical instrument and supplies stores, bookstores, news dealers and newsstands, music shops, department stores, florists, office supplies and stationary stores, novelty and souvenir stores, pet and pet supplies stores, art dealers and tobacco stores
(b)
Transportation and warehousing shall be permitted and limited to taxi services, limousine services, postal services and courier services.
(c)
Publishing industries shall be permitted and limited to newspaper publishers, periodical publishers, book publishers, directory and mailing list publishers, software publishers, teleproduction and other post-production services, music publishers, Internet publishing and broadcasting, Internet service providers, data-processing, hosting and related services and libraries.
(d)
Finance and insurance offices (including any FDIC-insured banks or lenders).
(e)
Real estate rental and leasing offices.
(f)
Professional, scientific and technical services offices shall be permitted and limited to businesses that provide research and analysis in economics, sociology and related fields, specifically broadcast media rating services, market research analysis services, opinion research services, political opinion polling services, public opinion polling services, public opinion research services, and statistical sampling services.
(g)
Legal services offices shall be permitted and limited to offices of lawyers, notary public offices, paralegal services, patent agent services, process server offices, title abstract and settlement offices.
(h)
Accounting, tax preparation, bookkeeping, and payroll services shall be permitted and limited to offices of certified public accountants, tax preparation services, payroll services, other accounting services, billing services, and bookkeepers' offices.
(i)
Architectural, engineering and related services shall be permitted and limited to architectural services offices, landscape architectural services, engineering services, drafting services, building inspection services, geophysical surveying and mapping services, surveying and mapping services, testing laboratories, specialized design services, interior design services, industrial design services, graphic design services, computer systems design and related services, custom computer-programming services, computer systems design services, computer facilities management services, scientific and technical consulting services, management consulting services, administrative management and general management consulting services, human resources consulting services, marketing consulting services, physical distribution and logistics consulting services, environmental consulting services, scientific research and development services, research and development (specifically for physical, engineering, life sciences, social sciences and humanities), research and development in biotechnology, advertising agencies, public relations and related services, media-buying agencies, advertising material distribution services, marketing research and public opinion polling, photographic services, portrait photography studios, commercial photography, translation and interpretation services, veterinary services.
(j)
Management of companies and enterprises shall be permitted and limited to establishments that hold the securities of (or other equity interests in) companies and enterprises for the purpose of owning a controlling interest or influencing management decisions or establishments that administer, oversee and manage establishments of the company or enterprise and that normally undertake the strategic or organizational planning and decisionmaking role of the company or enterprise.
(k)
Education services shall be permitted and limited to establishments that provide instruction and training in a wide variety of subjects. This instruction and training is provided by specialized establishments, such as schools, colleges, universities, and training centers.
(l)
Health care and social assistance shall be permitted and limited to physicians' offices, dental offices, offices of other health care practitioners, medical and diagnostic laboratories, home health care services, vocational rehabilitation services, day-care services, vocational rehabilitation services, individual and family services.
(m)
Arts, entertainment and recreation shall be permitted and limited to theater companies and dinner theaters, dance companies, musical groups and artists, ice skating companies, ice skating shows, magic shows, comedy clubs, fitness and recreational sports centers.
(n)
Accommodation and food services shall be permitted and limited to bed-and-breakfast inns, full-service restaurants, limited-service restaurants, cafeterias, snack and nonalcoholic beverage bars, and establishments that serve alcoholic beverages.
(o)
Public administration shall be permitted and limited to public administration, government support, executive offices, legislative bodies, public finance activities, executive and legislative offices, American Indian and Alaska Native Tribal governments, other general government support, public order and safety activities, courts, police offices, legal counsel and prosecution, correctional institutions, parole offices and probation offices, fire protection, governmental administrative and regulation services, space research and technology, national security and international affairs.
(p)
Other services shall be permitted and limited to establishments that provide consumer electronics repair and maintenance, computer and office machine repair and maintenance, communication equipment repair and maintenance, other electronic and precision equipment repair and maintenance, reupholstery and furniture repair, footwear and leather goods repair, other personal and household goods repair and maintenance. Personal care service providers, including barbershops, beauty salons, nail salons, diet and weight-reducing centers, shall be permitted as well as funeral homes and funeral services, coin-operated laundries and dry cleaners, dry-cleaning and laundry services, photo-finishing laboratories, parking lots and garages, religious organizations, civic and social organizations, agricultural organizations, animal breeders' associations, bankers' associations, better business bureaus, boards of trade, business associations, chambers of commerce, construction associations, contractors' associations, distributors' associations, farmers' associations, farmers' unions, growers' associations, hospital associations, industrial associations, insurers' associations, junior chambers of commerce, manufacturers' associations, merchants' associations, mining associations, producers' associations, public utility associations, real estate boards, restaurant associations, retailers' associations, service industries' associations, shipping companies' associations, trade associations, warehousing associations, wholesalers' associations, accountants' associations, architects' associations, bar associations, consultants' associations, dentists' associations, dietitians' associations, educators' associations, engineers' associations, health professionals' associations, hospital administrators' associations, learned societies, medical associations, nurses' associations, occupational therapists' associations, optometrists' associations, peer review boards, personnel management associations, pharmacists' associations, professional associations, professional standards review boards, psychologists' associations, scientific associations, social workers' associations, standards review committees, political campaign organizations, political party constituencies' associations, local political organizations, political action committees, political organizations or clubs, and political parties.
(2)
Prohibited uses. The following uses are prohibited within the B-2 Central Business District:[1]
(a)
Adult shops or adult media stores. An establishment offering goods for sale or rent that meets any of the following tests:
[1]
The establishment offers for sale items, including adult media, leather goods marketed or presented in a context to suggest their use in sadomasochistic practices, and the combination of such items constitutes more than 10% of its stock, sales or its gross floor area;
[2]
More than 5% of its stock consists of sexually oriented toys or novelties;
[3]
More than 5% of its gross floor area is devoted to sexually oriented novelties or lingerie; or
[4]
It advertises or otherwise conducts itself in any forum as "XXX," "adult," "sex" or otherwise as a sexually oriented business).
(b)
Adult cabaret. A building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibiting of specific sexual activities or specified anatomical areas for observation by patrons therein.
(c)
Shops displaying or selling paraphernalia used for the ingestion or injection of illegal drugs, including but not limited to hookahs, bongs, water pipes, hashish pipes, ice pipes and cocaine kits.
(d)
Massage parlors (including all noncertified and/or unlicensed medicinal massage therapy) operating without all certifications and licenses required by federal, state and local law.
(e)
Tattoo and/or piercing parlors.
(f)
Pawn shops and other institutions offering nondepository credit intermediation, primarily engaged in extending credit or lending funds raised by credit market borrowing.
(g)
Establishments that advertise that more than 90% of the merchandise purchased in such establishment shall be sold for $1 or less.
[1]
Editor's Note: Former § 94-81A(2), which provided for additional permitted uses in the B-2 Central Business District, was repealed 8-6-1991 by Ord. No. 14-91.
B.
Required conditions.
(1)
Height. No building shall exceed a height of three stories or 45 feet, whichever is the lesser.
(2)
Front yard. No building shall be constructed on a lot abutting Washington Avenue that is closer than 45 feet from the center line of Washington Avenue. No building shall be constructed on a lot abutting any street other than Washington Avenue that is closer than five feet from said street right-of-way.
(3)
Side yards. All business buildings may be built without side yards, except where a side yard in the business zone abuts a side yard in a residence zone, there shall be a minimum side yard of 10 feet.
(4)
Rear yard. There shall be a rear yard of at least 10 feet unobstructed by buildings or other permanent structures.
(5)
Off-street parking. On-site parking is not required for any use permitted in this district when such use is located in an existing building, provided that there is no increase in gross floor area.
C.
D.
Accessory uses.
[Added 8-11-2021 by Ord. No. 2021-07]
(1)
Cannabis delivery services. Cannabis delivery services shall be permitted as an accessory use to cannabis retailers, alternative treatment centers and medical cannabis dispensaries in the B-2 District. Nothing herein shall be interpreted to restrict the transportation or deliveries of cannabis items to consumers within the Borough in compliance with the CREAMMA.
§ 94-82 OB Office Building District.
A.
Permitted uses. This zone district permits dwellings as permitted and regulated in the R-3 District, as well as offices for executive or administrative purposes, groups of doctors, dentists, architects, engineers, attorneys, accountants, clinics with private dispensaries, insurance, institutional and real estate offices and a building used for both a separate dwelling and an office, without any requirement that the occupant of such dwelling be involved in the operation of the office.
[Amended 11-6-1989 by Ord. No. 15-89]
B.
Required conditions.
(1)
Height. No building shall exceed 2 1/2 stories or 35 feet in height, whichever is the lesser.
(2)
Front yard. There shall be a front yard of not less than 25 feet, except that, where the existing buildings on the same side of the street and within 200 feet form an established setback, new buildings shall conform to such established line, provided that no new building may project closer than 20 feet to the front property line nor need be set back more than 35 feet from said property line. Off-street parking as required for nonresidential uses is permitted in the front yard, provided that no part of the parking area lies within the required front yard setback.
(3)
Side yards. There shall be two side yards, and no side yard shall be less than six feet. Off-street parking as required for nonresidential uses is permitted in the side yard, provided that no part of the parking area lies within the required side yard setback.
(4)
Rear yard. There shall be a rear yard of at least 25 feet. Off-street parking as required is permitted in the rear yard.
(5)
Minimum lot area. Residential construction or conversion shall meet the minimum lot area requirements of the R-3 Residence District.
§ 94-83 I Industrial District.
A.
Permitted uses. This district permits offices of business and professional uses, research laboratories and selected industrial and manufacturing uses, as well as any business use as regulated in the B-1 District. The intensity of operations shall not exceed the limitations imposed by the performance standards set forth in this chapter.
B.
Required conditions.
(1)
Height. No structure shall exceed three stories or 45 feet in height, whichever is the lesser.
(2)
Front yard. There shall be a front yard of not less than 50 feet. Parking areas as required shall be permitted in the front yard, provided that said area is at no point closer than five feet to any adjoining street right-of-way line. No parking area shall be nearer than five feet to any property line nor 10 feet to any building.
(3)
Side yards. There shall be two side yards, and no side yard shall be less than 20 feet, provided that, if the lot has an average width of less than 200 feet, each side yard shall not be less than 10% of such average width, and further provided that no side yard shall be less than 10 feet. Parking as required may be permitted in the side yard, provided that no parking area is closer than five feet to any zone boundary line nor 10 feet to any building.
(4)
Rear yard. There shall be a rear yard of at least 25 feet. The rear yard may be used for off-street parking, provided that no parking area shall be nearer than 10 feet to any building nor five feet to any zone boundary line.
C.
Conditional uses.
[Added 8-11-2021 by Ord. No. 2021-07; amended 9-20-2022 by Ord. No. 2022-09]
(1)
Cannabis cultivators. Cannabis cultivators are permitted as a conditional use, provided that the conditions set forth in § 94-86.3 are met.
(2)
Cannabis manufacturers. Cannabis manufacturers are permitted as a conditional use, provided that the conditions set forth in § 94-86.3 are met.
(3)
Cannabis wholesalers. Cannabis wholesalers are permitted as a conditional use, provided that the conditions set forth in § 94-86.3 are met.
§ 94-84 Conditional uses, churches and schools.
[Added 2-7-1989 by Ord. No. 1-89; amended 11-6-1989 by Ord. No. 15-89]
A.
A church, not combined with any dwelling on the lot except a rectory or parsonage in a building separate from the church and not combined with any commercial activity on the lot except occasional fund-raising activities, is permitted as a conditional use in all zone districts, provided that the following standards are met:
B.
A school, whether public or private, including an educational institution from grades 1 through 12, college and postgraduate, but excluding a day-care facility or nursery school, is permitted as a conditional use in all zone districts, provided that the following standards are met:
C.
Other than for lot area, the foregoing conditional uses shall comply with the height, yard and other applicable requirements of the zone district in which they are located. All such conditional uses are subject to site plan approval.
§ 94-85 PL Public Land District.
[Added 6-1-1993 by Ord. No. 17-93]
This zone district consists entirely of land which is in public ownership. Permitted uses and structures are all uses and structures maintained and utilized by public entities for public purposes. There are no specific zoning restrictions imposed on development so maintained and utilized by public entities.
§ 94-86 Morris Canal District.
[Added 2-3-2004 by Ord. No. 1-2004]
A.
Purpose. The preservation, protection and enhancement of the Morris Canal are necessary because:
(1)
The Morris Canal is recognized as a cultural resource of national importance by its inclusion on the State and National Registers of Historic Places.
(2)
The Morris Canal was of great significance locally to the social and economic development of Warren County as a whole and of the individual municipalities, including the Borough of Washington, through which it passed and is so recognized by its inclusion in Warren County's Open Space Plan.
(3)
The Morris Canal has environmental importance as a drainageway, water retention basin and, in many cases, as portion of valuable natural watersheds.
(4)
The Morris Canal has been identified on the Washington Borough 2000 Master Plan Element of Conservation Plan and the Recreation and Open Space Element as an important open space link and passive recreational corridor.
B.
Zone designations. The Morris Canal District is an overlay zone as shown on the attached map entitled "Morris Canal Historic Zone for Washington Borough, Warren County, New Jersey" prepared by Studer and McEldowney, P.A., dated November 7, 2003.[1] The designation of the Morris Canal District shall include:
(1)
Portions of the canal rights-of-way containing towpath, levee and prism areas.
(2)
Areas of special sensitivity as may be physically located within the district area as shown on the attached map entitled "Morris Canal Historic Zone for Washington Borough, Warren County, New Jersey" prepared by Studer and McEldowney, P.A., dated November 7, 2003, including, but not limited to, special features such as the inclined planes.
(3)
Other features, but excluding buildings, as described in the Historic Preservation Survey of the Morris Canal in Warren County, New Jersey (1983) (copy available for review in the Borough Clerk's office) and as are physically located within the district area as shown on the attached map entitled "Morris Canal Historic Zone for Washington Borough, Warren County, New Jersey" prepared by Studer and McEldowney, P.A., dated November 7, 2003.
[1]
Editor's Note: Said map is on file in the Borough office.
C.
Prohibitions. The following shall be prohibited in the Morris Canal District:
D.
Driveways, underground utilities, sanitary and stormwater sewers, streets and similar structures. The crossing of and the excavation within the Morris Canal District for any of the above-mentioned purposes is to be allowed only when there is no feasible and prudent alternative and when such action is clearly in the public interest. Such work shall be done in such a manner as to minimize the disturbance or destruction of significant features, both above and below ground, and any such features disturbed or destroyed in such work are to be restored to their preexisting condition as closely as is feasibly possible.
E.
Subdivisions and site plans. All applications to the Planning Board for subdivision or site plan approval that include areas within the Morris Canal District shall show the location of the district boundaries so that canal preservation issues can be properly considered and provided for. This requirement shall be added to the checklists for subdivision and site plans.
F.
Remedies. In addition to fines and penalties which may be imposed for violation of the requirements of the Morris Canal District, violators of the provisions of this section shall be liable for the cost of restoring any destroyed canal-related feature to its previous condition and the attorneys' fees which are required to enforce the provisions hereof.
G.
Enforcement. The Borough Zoning Officer shall be responsible for reviewing applications for zoning clearance to determine whether or not they comply with the requirements of this section, and any appeals relating thereto shall be to the Washington Borough Planning Board under the provisions of N.J.S.A. 40:55D-70.
H.
Exemptions. Any and all actions by the Borough of Washington shall be exempt from the provisions of this section, except as may be otherwise required by any other regulatory agencies.
§ 94-86.1 Wind and solar energy and production systems.
[Added 8-16-2011 by Ord. No. 5-2011]
A.
Purpose. The purposes of this section regulating small wind and solar energy systems ("110% production") are as follows:
(1)
The primary purpose of a small wind energy system and small solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from a small solar energy system to a supplier/provider. For the purposes of this chapter, the generation of power shall be limited to 110% of the average annual energy consumed for the principal use of the subject property.
(2)
Small wind energy systems and small solar energy systems are permitted as an accessory use on the same lot as the principal use. All small wind and solar energy systems require approval from the Zoning Officer prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this chapter. In the event that the Zoning Officer does not believe the provisions of this chapter will be satisfied, an applicant may request a variance. Applicants within the Route 57 scenic corridor must demonstrate compliance with the requirements of the scenic corridor and may require outside agency approval.
(3)
All applications for small wind and solar energy systems are to be submitted for site plan and/or variance and waiver review to the Planning Board, as necessary, when variance(s) and/or waiver(s) are requested.
B.
Use regulations.
(1)
Rooftop solar arrays for small solar energy systems are permitted as an accessory use in all zones.
(2)
Ground-mounted solar arrays for small solar energy systems are permitted as an accessory use in all zones.
(3)
Small wind energy systems are permitted as an accessory use in the I Industrial Zone.
C.
Small solar energy systems (110% production).
(1)
Rooftop solar arrays for small solar energy systems are permitted as an accessory use in all zones, subject to the following requirements:
(a)
Rooftop solar arrays shall not exceed a height of 12 inches from the existing roof surface of a peaked roof and not exceed a height of four feet from the existing roof surface of a flat roof.
(b)
In no event shall the placement of the solar arrays result in an overall height in excess of that permitted for the principal structure in the zone district in which the principal structure is located.
(2)
Ground-mounted solar arrays for small solar energy systems are permitted as an accessory use in all zones, subject to the following requirements:
(a)
Maximum size. No more than 10% of a lot may be devoted to a ground-mounted solar energy system; however, in no case shall a ground- mounted solar energy system exceed 2,500 square feet.
(b)
Minimum setback. All ground-mounted solar energy systems shall have a distance of 10 feet from all property lines in residential zoning districts or 25 feet from any property line in commercial zoning districts.
(c)
Ground-mounted solar energy systems shall not exceed a height of eight feet as measured from the grade plane to the highest point of the mounting equipment and/or panel(s), whichever is higher.
(d)
Ground-mounted solar energy systems shall not be permitted in any front yard.
(e)
Ground-mounted solar energy systems are permitted in the rear yard.
(f)
Ground-mounted solar energy systems are permitted in side yards, if screened from the street and adjacent properties by evergreen landscaping to create a continuous buffer.
(g)
Ground arrays shall not contribute to impervious surface calculations, unless installed above an impervious surface.
D.
Small wind energy systems (110% production).
(1)
Small wind energy systems are permitted as an accessory use in the I Industrial Zone, subject to the following requirements:
(a)
Maximum density. Maximum density of wind turbines shall not exceed one turbine per five acres. More than one wind energy systems may be permitted per property, provided the overall density of one turbine per five acres is maintained.
(b)
Maximum height. System height shall not exceed 125 feet, measured from the grade plane to the height of the blades at their highest point.
(c)
Minimum setbacks. All wind energy systems shall be set back from all property lines a distance equal to 150% of the system height, including the blades of the turbine at their highest point.
(d)
Separation distance. All wind energy systems shall be set back from all other wind energy systems a distance equal to 100% of the system height, including the blades of the turbine at their highest point.
(e)
Wind energy systems shall not be permitted in any front yard.
(f)
Wind energy systems shall not be permitted as a rooftop installation.
(g)
All moving parts of the wind energy system shall be a minimum of 30 feet above ground level.
(h)
Any tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(i)
All guy wires or any part of the wind energy system shall be located on the same lot as the wind energy system.
(2)
Noise. All wind energy systems shall comply with the following requirements:
E.
Abandonment.
(1)
In the case that any small wind or small solar energy system, as defined herein, is out of service for a continuous twelve-month period, it will be deemed to have been abandoned.
(2)
The Zoning Officer or other enforcement official of the Borough may issue a "notice of abandonment" to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.
(3)
Any abandoned small wind or solar energy system, as defined herein, shall be removed at the owner's sole expense within six months after the owner receives the "notice of abandonment" from the municipality. If the system is not removed within six months of receipt of notice from the Borough notifying the owner of such abandonment, the Borough may remove the system as set forth below.
(4)
When an owner of a small energy system, as defined herein, has been notified to remove same and has not done so six months after receiving said notice, then the Borough may remove such system and place a lien upon the property for the cost of the removal and restoration. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
§ 94-86.2 C-3 Cemetery District.
[Added 8-4-2020 by Ord. No. 2020-10]
A.
Purpose. The Cemetery District is created to provide for cemetery use of a not more than ten-acre tract of land within the Borough in accordance with the requirements and terms of Settlement Agreements entered into on October 9, 2018 (amended on December 18, 2018 and on June _____, 2020) between the Borough and Washington Station Venture, LP and Washington Venture Investment, Ltd. and a Settlement Agreement entered into on December 10, 2018 with Fair Share Housing Center (collectively, the "Settlement Agreements"). This section creates design and bulk standards to ensure that the cemetery expansion in this zone is developed in a manner that is sensitive to the character of the surrounding area and environment.
D.
Cemeteries shall be licensed by the New Jersey Division of Consumer Affairs.
E.
Cemetery design standards.
(1)
Site plan approval of the cemetery shall be required identifying the locations of the burial site areas and proposed structures.
(2)
Drainage shall not create erosion or flooding of adjacent lands and shall conform to stormwater management requirements found in Chapter 57 of the Revised General Ordinances of the Borough of Washington as well as Stormwater Management Regulations set forth by the State of New Jersey.
(3)
Lighting. Since the cemetery is only open from dawn until dusk, no lighting shall be permitted.
F.
Impervious coverage (cemetery use only). The maximum impervious coverage associated with access/circulation drives, mausoleums, and maintenance sheds shall not exceed 25%. Grave monuments, markers and headstones shall not be included in the calculation of total impervious cover in determining conformance with this ordinance standard.
G.
Perimeter Buffering (Cemetery use only). A minimum perimeter buffer shall be 50 feet except where adjacent to public open space. Existing vegetation within this buffer area shall be preserved and supplemented with evergreen plantings and native plants as needed to effectively screen improvements on the cemetery property. Conservation easements shall be provided for the buffer areas. There shall be no access drives permitted within the buffer area, other than to cross the buffer area to provide access to the Cemetery Lot.
H.
Area yard and bulk requirements (principal and accessory permitted uses and structures).
(2)
Cell towers.
(a)
Maximum Lot Area: 10,000 square feet. In the event the cell tower is not located on a separate lot, cell towers shall only occupy up to 10,000 square feet in area, consistent with the Settlement Agreements.
(b)
Maximum height of tower. If there are two carriers located on the tower, 125 feet. If there are three or more carriers located on the tower, 150 feet, measured from the proposed elevation at the base of the tower including any structures or antennae supported by the tower.
(c)
Equipment cabinets and other structures within the compound enclosure that are installed by the various carriers occupying the tower shall not exceed a height of 15 feet. Equipment storage buildings or cabinets shall comply with all building codes applicable to the use.
(d)
The tower compound shall be enclosed by security fencing not less than six feet nor more than eight feet in height. Barbed wire fencing is prohibited. It is recommended the fencing be decorative. Proposed enclosure fencing shall incorporate appropriate anti-climbing features unless waived by the Land Use Board as part of the site plan review process.
(e)
Proposed development plans for tower facilities shall incorporate a ten-foot-wide landscape buffer that provides an effective screen of the compound area from adjacent residential properties. Landscaping shall be installed on the outside of the fence and consist of existing vegetation and shall be enhanced by evergreen plantings. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible to enhance the proposed buffer.
(f)
Provisions for co-location for additional antennae or equipment for other wireless providers is required.
I.
Access to a separate lot created for cell tower use shall be permitted through the adjacent residential lot, only with a showing that access cannot reasonably be provided through the cemetery lot. Access to any property currently or intended to be used as a cemetery shall only be permitted via extension of existing driveways servicing the cemetery and shall not be permitted through the adjacent residential lot. In no event shall access to an existing or proposed cemetery be permitted through the residential lot. A minimum driveway width of 15 feet shall be provided for driveways servicing either a cell tower or cemetery use, subject to review and approval by emergency personnel.
J.
Cemetery operation.
(1)
The hours of operation of the cemetery shall be limited to dawn until dusk.
(2)
If the facility seeks an open burning of any materials within the cemetery it shall apply to the Fire Official for a Type 1 Open Burn Permit in compliance with the New Jersey Uniform Fire Code, N.J.A.C. 5:70-2.7 et seq.
(3)
The facility shall be permitted to perform traditional and customary religious practices to the extent permitted by federal, state, county and local law and regulations.
(4)
The following matters, things, conditions or acts, and each of them, are hereby declared to be a nuisance and injurious to the health, safety, or welfare of the inhabitants of the Borough of Washington:
(a)
Pollution, or the existence of a condition or conditions which cause or threaten pollution, of any waters within the Borough of Washington in such manner as to cause or threaten injury to any of the inhabitants of the Borough of Washington in their health, safety, or welfare either in their person or property.
(b)
The escape into the open air from any stack, vent, chimney or any entrance to the open air, or from any fire into the open air, of such quantities of smoke, soot, fly ash, dust fumes, vapors, mists or gases as to cause injury, detriment or serious annoyance to the inhabitants of the Borough of Washington or endanger their comfort, repose, health, safety or property.
(c)
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
(d)
The existence or presence of any accumulation of garbage, refuse, or animal or vegetable matter which may attract flies or to which flies may have access or in which fly larvae or pupae may breed or exist.
(e)
Depositing, accumulating or maintaining any matter or thing which serves as food for insects, rodents and other animals and to which they may have access or which serves as or constitutes a breeding place for insects or rodents in or on any land, premises, building or other place.
(f)
Any act, matter, thing or condition which is or may become detrimental or a menace to the health of the inhabitants of the Borough of Washington or which is or may become an annoyance or interfere with the comfort or general well-being of the inhabitants of the Borough.
§ 94-86.3 Cannabis establishments.
[Added 8-11-2021 by Ord. No. 2021-07; amended 4-19-2022 by Ord. No. 2022-02; 9-20-2022 by Ord. No. 2022-09]
A.
Cannabis establishments as conditional uses. Cannabis establishments shall be prohibited in all zoning districts within the Borough unless specifically permitted herein. Cannabis establishments as set forth below shall be permitted as conditional uses in certain zones. The purpose of this section is to set forth the requirements and procedures applicable to permitting certain cannabis establishments as conditional uses, in accordance with N.J.S.A. 40:55D-67. Such uses may be permitted when authorized as a conditional use by the Land Use Board, including site plan approval and (if necessary) a conditional use variance approval pursuant to N.J.S.A. 40:55D-70(d)(3). Cannabis establishments shall comply with additional requirements set forth in § 94-86.3H. Nothing herein shall prohibit the Borough from adopting a redevelopment plan permitting any type of cannabis establishment in a designated redevelopment area.
B.
Standards associated with cannabis cultivators, cannabis manufacturers, cannabis wholesalers, and cannabis distributors. The following standards shall apply to cannabis cultivators, cannabis manufacturers, cannabis wholesalers and cannabis distributors.
(1)
Proof that the operator maintains all valid State of New Jersey licenses and approvals, and that all such licenses and/or approvals remain in good standing pursuant to the CREAMMA.
(2)
Site plan approval and conditional use approval by the Land Use Board, with notice of any public hearing provided in accordance with N.J.S.A. 40:55D-12. The application for site plan approval shall include a traffic impact assessment prepared by a New Jersey licensed professional engineer having appropriate experience and education. The traffic impact assessment shall provide a description of the impact and effect of the proposed cannabis manufacturer upon all roads which are adjacent to or immediately affected by traffic and shall specifically address the following items:
(a)
Existing conditions in the vicinity of the proposed project, including the roadway network, representative traffic counts, not during holiday or summer periods (or with appropriate statistical adjustments for counts during the summer months), traffic accident statistics, availability of public transportation, and level of service of adjacent roadways.
(b)
Traffic generated by the proposed development, including trip generation, trip distribution, modal split, and level of service under proposed conditions.
(c)
Traffic impacts caused by the proposed development.
(d)
Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic pattern.
(e)
Any other information requested by the Land Use Board reasonably required to make an informed assessment of potential traffic impacts.
(3)
In compliance with Section 37(b) of the NJ CREAMMA, cannabis facilities are not permitted on land that is valued, assessed or taxed as an agricultural or horticultural use pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.).
(4)
Location of cannabis cultivators, cannabis manufacturers, cannabis wholesalers and cannabis distributors.
(a)
Compliance with the height, setback and other applicable requirements of the I Industrial Zone District unless adjacent to residential properties or zones.
(b)
When adjacent to a residential property or zone, a fifty-foot-wide landscaped buffer consisting of both deciduous and evergreen trees and shrubs shall be installed along the property line(s) adjacent to residential uses or zones. It is strongly recommended that existing vegetation be enhanced where feasible. A solid fence not to exceed six feet in height may be incorporated into the buffer, provided the fence is located interior to the required buffer. In no event shall any site improvement, with the exception of an access driveway, be located within the required buffer.
(c)
For properties in Industrial Zones that do not have direct access to Route 31, the following shall be required:
[1]
In order to mitigate the impact of vehicles on local roads servicing established residential neighborhoods, no more than six commercial vehicle trips shall be permitted daily.
[2]
Commercial vehicles shall be limited to cargo vans and box trucks that shall not exceed the dimensions of eight feet in width by 24 feet in length. In no event shall tractor trailers be permitted to access the facility.
[3]
When a property has access to more than one street, primary access shall be provided from the roadway with the highest roadway classification (i.e., arterial, collector, local).
(d)
Cannabis cultivators, manufacturers, wholesalers and/or distributors shall not be located adjacent to property used for school purposes which is owned by or leased to any public or private elementary or secondary school or school board, or to any existing preschool.
(5)
Security. Secured in accordance with all applicable provisions as defined in the Act and outlined in § 94-86.3E(3).
(6)
Storage of product. The storage or possession of cannabis or cannabis paraphernalia within a building or unit must not be perceptible from the exterior of the building or unit from a street or residential use. Cannabis plants, products, accessories, and associated paraphernalia contained in any cannabis establishment shall not be visible from a public sidewalk, public street or right-of-way, or any other public place. All products and accessories shall be stored completely indoors and on site in accordance with the Act and the permitting authority regulations.
(7)
Signage. No signage other than directional or discrete building identification shall be permitted. The sign must be limited to text identifying the business and the logo for the business, provided that said logo does not include a cannabis plant leaf, cannabis paraphernalia, and/or outward glorification of cannabis consumption. Signage shall remain innocuous and part of the general directional signage typically found in industrial facilities. Facade signs will be limited to those at the point of entry to the facility and may not be more than six square feet. Except as modified herein, all other Borough sign regulations must be complied with.
(8)
Parking and circulation.
(a)
Off-street parking shall be provided in accordance with § 94-53 of the Borough Code. Parking for cannabis cultivators, cannabis manufacturers, cannabis wholesalers and cannabis distributors shall be provided for as industrial uses.
(b)
In no event shall parking areas be located within the required fifty-foot-wide buffer from adjacent residential properties and/or zones.
(c)
A minimum of one loading space shall be provided on site. Additional loading spaces shall be added based upon the recommendation of the Land Use Board professionals.
(d)
The location of any loading docks, loading ramps, and/or loading bays shall be located on a facade that is not facing a residential property or zone.
(9)
Noise, odors, and light.
(a)
Cannabis cultivators, cannabis manufacturers, cannabis wholesalers and cannabis distributors shall provide detailed information on odor control and shall provide documentation that the odor will not be perceptible at the property line. This shall include air treatment systems with sufficient odor-absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property and/or within public rights-of-way, and/or at the property line, and/or within any other unit in the same building if the use occupies a portion of a building. Air treatment/odor mitigation systems are required to be installed and maintained in perfect working order. The cannabis operation is required to provide a report, a minimum of once per year or at the discretion of the Borough, that ensures that the odor mitigation filtration system is maintained in perfect working order. Failure to manage odor control shall result in revocation of local approvals.
(b)
Light pollution, glare or brightness resulting from site lighting must be 0.5 candle or less at the property line. In no event shall lighting, including lighting for security, be permitted to spill over onto adjacent residential properties or zones.
(c)
Cannabis establishments shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading and other noise-generating equipment or machinery. All licensed facilities shall operate within applicable decibel levels permitted by Borough noise ordinances and within applicable state decibel requirements.
(10)
Vertical integration.
(a)
Only cannabis cultivation and cannabis manufacturing shall be permitted to be vertically integrated within the I Industrial Zone. In no event shall any other class of cannabis be permitted to be integrated.
(b)
Vertically integrated facilities shall comply with the criteria for each cannabis class.
(11)
Standards specific to cannabis cultivation.
(a)
The cultivation of cannabis must be conducted indoors and shall not be permitted on exterior portions of a lot, unless under special permit for the cultivation of hemp that is in conformance with the Federal Agriculture Improvement Act of 2018 (2018 Farm Bill). The cultivation of cannabis within a building or unit must not be perceptible from the exterior of the building or unit from a street or residential use.
(b)
A water reclamation plan for Class 1 cannabis cultivation establishments shall be submitted to the Borough for review and approval by the Borough's professionals.
C.
Cannabis retailers are permitted in the B-1 and B-2 Districts, subject to the following conditions:
(1)
Proof that the operator maintains all valid State of New Jersey licenses and approvals, and that all such licenses and/or approvals remain in good standing pursuant to the CREAMMA.
(2)
Compliance with the height, setback and other applicable requirements of the zone district in which they are located.
(3)
Issuance of zoning permit and site plan approval by the Land Use Board. The application for site plan approval shall include a traffic impact assessment prepared by a New Jersey licensed professional engineer having appropriate experience and education. The traffic impact assessment shall provide a description of the impact and effect of the proposed cannabis retailer upon all roads which are adjacent to or immediately affected by traffic and shall specifically address the following items:
(a)
Existing conditions in the vicinity of the proposed project, including the roadway network, representative traffic counts, not during holiday or summer periods (or with appropriate statistical adjustments for counts during the summer months), traffic accident statistics, availability of public transportation, and level of service of adjacent roadways.
(b)
Traffic generated by the proposed development, including trip generation, trip distribution, modal split, and level of service under proposed conditions.
(c)
Traffic impacts caused by the proposed development.
(d)
Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic pattern.
(e)
Any other information requested by the Land Use Board reasonably required to make an informed assessment of potential traffic impacts.
(4)
Limitation of number of cannabis retailers within the Borough.
(a)
A maximum of two cannabis retailers shall be permitted within the Borough. This limitation is inclusive of medical cannabis dispensaries and alternative treatment centers.
(b)
In the event multiple land use applications for cannabis retailers are submitted to the Borough in close proximity to one another, and if the applications comply with all the requirements of this chapter and the Act, the Borough is not permitted to approve all of the applications because of the limitations set forth in this subsection. The Borough shall first review for approval the application that was first submitted and determined to be a complete and compliant application by the Borough Planner or Zoning Officer.
(5)
Location of cannabis retailers.
(a)
Cannabis retailers shall not be located adjacent to property used for school purposes which is owned by or leased to any public or private elementary or secondary school or school board, or to any existing preschool.
(b)
Cannabis retailers located adjacent to residential properties or zones shall be required to provide a minimum landscaped buffer in accordance with § 94-40, Buffers. A solid fence not to exceed six feet in height may be incorporated into the buffer, provided the fence is located interior to the required buffer. In no event shall a buffer be less than 20 feet wide. When a residential property or zone is located across a street, the minimum buffer shall apply, unless that roadway is Route 31 or Washington Avenue, then the required buffer along the frontage of Route 31 or Washington Avenue shall not apply.
(6)
Hours of operation. Limit their hours of operation from 9:00 a.m. to 9:00 p.m., Monday to Sunday, or as otherwise provided for within a special use permit.
(7)
Security. Secured in accordance with all applicable provisions as defined in the Act and outlined in § 94-86.3E(3).
(8)
Storage of product. The storage or possession of cannabis or cannabis paraphernalia within a building or unit must not be perceptible from the exterior of the building or unit from a street or residential use. Cannabis plants, products, accessories, and associated paraphernalia contained in any cannabis establishment shall not be visible from a public sidewalk, public street or right-of-way, or any other public place. All products and accessories shall be stored completely indoors and on site in accordance with the Act and the permitting authority regulations.
(9)
Signage. External signage, including window signage, must be limited to text identifying the business and the logo for the business, provided that said logo does not include a cannabis plant leaf, cannabis paraphernalia, and/or outward glorification of cannabis consumption. All other Borough sign regulations must be complied with.
(10)
Cannabis consumption areas. Use or consumption of marijuana or cannabis in any manner shall not be permitted at the cannabis retailer's facility, in the building, on its grounds or parking lots. Cannabis consumption areas are not permitted.
(11)
Drive-thru facilities are not permitted.
(12)
Parking and circulation.
(a)
Off-street parking shall be provided consistent with the zone in which the cannabis retailer is located and Borough Code § 94-53. Parking for cannabis retailers shall be provided for as retail stores. Additional parking spaces may be reserved for the exclusive use of delivery vehicles.
(b)
Parking areas shall be set back a minimum of 20 feet from all lot lines, unless adjacent to existing nonresidential properties.
(c)
Ingress and egress to the cannabis retailer shall be provided by Route 31 or Washington Avenue. In no event shall side streets be permitted to provide access. This condition shall not apply to access required for emergency vehicles.
(d)
A minimum of one loading space shall be provided on site.
(13)
Additional standards for cannabis retailers.
(a)
In no event shall lighting, including lighting for security, be permitted to spill over onto adjacent residential properties or zones.
(b)
Unusual odors, smells, fragrance, or other olfactory stimulants shall be prohibited. Odor mitigation filtration systems must be installed and maintained in perfect working order. The cannabis retailer is required to provide a report, a minimum of once per year or at the discretion of the Borough, that ensures that the odor mitigation filtration system is maintained in perfect working order.
D.
Medical cannabis dispensaries and alternative treatment centers. Medical cannabis dispensaries and alternative treatment centers are permitted in the B-1 and B-2 Districts subject to the same conditions as cannabis retailers set forth in Subsection C above.
E.
Additional requirements for all cannabis establishments.
(2)
Samples of cannabis products offered for sale in cannabis retail establishments may be displayed on shelves, counters and display cases. All bulk cannabis products shall be locked within a separate vault or safe, with no other items in the safe, securely fastened to a wall or floor, as coordinated with the Washington Township Police Department and allowable under permitting authority regulations and state legislation.
(3)
Security and reporting.
(a)
Surveillance system.
[1]
All cannabis establishments shall be monitored at all times by closed-circuit television surveillance system. Security cameras shall be in use 24 hours per day, seven days per week, and shall cover all cannabis dispensing areas, storage areas, all doors and windows with access into the cannabis establishment, parking areas if applicable, and any other areas not mentioned if deemed necessary by the Chief of Police or his/her designee. The surveillance system must be capable of providing surveillance of both interior and exterior areas of the cannabis establishment and must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the site.
[2]
The security cameras must be Internet Protocol (IP) cameras capable of providing real-time footage over the internet. Operators must provide the Washington Township Police Department with access to this real-time camera footage in case of an emergency.
(b)
The recordings shall be maintained at the cannabis establishment for a period of not less than 30 days and shall be provided to the Township Police Department within 24 hours of a written request from the Police Department for any recordings.
(c)
Lighting. Outside areas of the premises and the perimeter shall be well lit with dark-sky compliant lighting (i.e., downcast and full cutoff so as to not cause glare or light pollution of the night sky). All doors shall be equipped with motion-sensor lights.
(d)
The Washington Township Police Department shall be provided the name and phone number of a staff person to notify during suspicious activity during or after operating hours.
(e)
Security staff is required on the premises during all hours of operation.
(f)
The premises must only be accessed by authorized personnel and be free of loitering.
(g)
Storage of currency. All currency over $1,000 shall be stored within a separate vault or safe, not used for the storage of cannabis, securely fastened to a wall or floor, as approved by the Washington Township Police Department.
(h)
Cannabis establishments shall comply with all security requirements as established by state law and regulations, as they may be updated from time to time.
(4)
No beer or alcohol on premises. No fermented malt beverages and no alcoholic beverages shall be kept, served or consumed on the premises of a cannabis establishment.
(5)
No harm to public health, safety or welfare. The premises of a cannabis establishment, and any adjacent grounds thereto, shall be operated in a manner that does not cause any substantial harm to the public health, safety and welfare.
(6)
Compliance with other codes. Any cannabis establishment and the adjacent grounds of the cannabis establishment shall comply with all zoning, health, building, fire, and other codes and ordinances of the Borough as shown by completed inspections and approvals by the Borough Planner, Construction Division, Fire Safety Division, and the Borough Health Department, if applicable.
(7)
In the event of a conflict between the Borough bulk standards and the Act or the permitting authority's regulations, the Borough shall consider the pertinent statute or regulation as justification of any variance and/or design waiver.
(8)
Generators. All cannabis operations shall have a backup generator which shall be sufficient in output to maintain all operating and electronic security systems in the event of a power failure. Generators shall comply with the bulk setback requirements and buffering standards for the zone and shall be shown on the site plan to ensure compliance.
(9)
Additional requirements. At the time a site plan approval is granted, amended, or a major change to a cannabis establishment is approved, the Borough may impose on the applicant any condition related to the proposed use that is reasonably necessary to protect the public health, safety or welfare, not inconsistent with the permitting authority requirements, including but not limited to the following:
(a)
Additional security requirements;
(b)
Limits and requirements on parking and traffic flows;
(c)
Requirements for walls, doors, windows, locks and fences on the premises and adjacent grounds;
(d)
Limits on cannabis products that may be sold;
(e)
Requirements and limits on ventilation and lighting;
(f)
Limits on noise inside the licensed premises or on the adjacent grounds;
(g)
Prohibitions on certain conduct in the cannabis business;
(h)
Limits on hours of operation.
F.
Penalty for violation. Any violation of the provisions of this section or the conditions of the zoning permit granted by a cannabis establishment shall be punishable by a civil fine of up to $1,000. Each day that a violation is committed, exists or continues shall be deemed a separate and distinct offense. In addition, any violation of the provisions of this section, or any conditions imposed by the zoning permit or Land Use Board approval, may result in the revocation of the zoning permit.