[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:
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M-3
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Mountain District
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R-1
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Residence District
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R-2
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Residence District
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R-3
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Residence District
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R-4
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Garden Apartment District
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R-6
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Residence District
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AR-7
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Age-Restricted Residential Zone District
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B-1
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Highway Business District
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B-2
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Central Business District
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OB
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Office Building District
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I
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Industrial District
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PL
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Public Land District
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MO-3
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Mountain Overlay Residence District
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C-3
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Cemetery District
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[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.
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.
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]
[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.
[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]
[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.
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).
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Use Type
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Minimum Lot Area
(acres)
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Minimum Lot Width
(feet)
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Minimum Lot Depth
(feet)
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Minimum Front Yard
(feet)
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Minimum Side Yard
(feet)
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Minimum Rear Yard
(feet)
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Maximum Building Height
(feet)
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Maximum Lot Coverage
(percent)
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|---|---|---|---|---|---|---|---|---|
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Detached single-family dwelling
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3
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225
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300
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75
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40
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40
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35
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8%
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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.
[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).
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Use Type
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Minimum Lot Area
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Minimum Lot Width
(feet)
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Minimum Front Yard
(feet)
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Minimum Side Yard
(feet)
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Minimum Rear Yard
(feet)
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Maximum Building Height
(feet)1
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Maximum Lot Coverage
(percent)
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Maximum Building Coverage
(principal building)
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|---|---|---|---|---|---|---|---|---|
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Detached single-family dwelling
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7,000 square feet
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60
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25
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10;
20 feet combined or 30% of the lot width, whichever is greater
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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
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2 1/2 stories
or 35 feet
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50%
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30%
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1
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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]
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.
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]
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]
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.
[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.
[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.
[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.
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.
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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
(1)
Sale of product.
(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.
