Pursuant to N.J.S.A. 40:55D, the Board may grant conditional uses as may be permitted and regulated in the Zone.

Application for a permitted conditional use shall be made in accordance with procedures set forth in Article III of this chapter and the Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the Borough, us sot likely `to involve unusual risks of traffic safety or `traffic congestion and is reasonably necessary for the convenience of the community. In reviewing every application for a conditional use the Board shall give reasonable consideration to:

a. Character of the neighborhood.

b. Conservation of property values.

c. Health and safety of residents and workers on adjacent properties in the surrounding neighborhood.

d. Potential congestion of vehicle traffic or creation of undue hazard.

e. Adequacy of site access and traffic circulation on and adjacent to the site.

f. Pedestrian safety.

g. Effect on the use and enjoyment of adjacent properties.

h. The nature and intensity of the use.

i. Adequacy of utility, drainage and other facilities.

j. Stated principles and objectives of this chapter and the Master Plan of the Borough of Roseland.

In reviewing, an application for any conditional use as herein provided, the Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangements of entrances and exits to assure public safety. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located.

a. More Than Two Conditional Uses on a Lot.

Whenever an application for a conditional use is made to the Board which in the opinion of the Board involves or could reasonably be anticipated to involve more than one (1) of the conditional uses as herein permitted and regulated, the Board shall apply the conditions and standards for the use and location which will result in the largest lot size, the smallest lot coverage by the building and, in total, the largest front, side, and rear yard setbacks, the greatest number of parking spaces and the largest lot frontage. In applying these conditions and standards to such mixed use, the Planning Board shall not be limited to the conditions and standards of any one of the conditional uses involved, but may apply a specific standard or condition for either or any of the uses involved.

b. Mixed Use of Conditional Use and Nonconditional Use on the Same Lot.

A.combination of conditional uses and other uses shall be permitted on the same lot in a particular zoning district only on the condition that:

1. Both the conditional use and the other use are permitted in that district by this chapter.

2. Each such use considered separately meets the requirements for the use proposed provided in this chapter for that zone.

c. Part Time Schools Not a Mixed Use.

It is not intended that part time schools which are conducted as an adjunct or supplement to the activities of a church, religious organization, or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education, and the like, create a mixed use as defined herein for the premises on which they are conducted.

d. Time Frames for Board Action on Conditional Uses.

Action by the Board shall be in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. The Board shall grant or deny an application for a conditional use within ninety-five (95) days of submission of a complete application by a developer to the Secretary to the Board, or within such further time as may be consented to by the applicant.

The review by the Board of a conditional use shall include any required site plan review. The time period for action by the Board on conditional uses shall apply to such site plan review. Failure of the Board to act within the period prescribed shall constitute approval of the application and a certificate of the Secretary to the Board as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the municipal Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County -Planning Board by its failure -to report thereon within the required time period.

e. Findings of Fact for Conditional Uses.

The Planning Board shall not grant a permit for a conditional use unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it that support the conclusion that:

1. The proposed conditional use complies With all the applicable regulations of this chapter.

2. The proposed use at the specified location will not impair the welfare or convenience of the public.

3. The proposed conditional use will not cause undue depreciation of property values in the neighborhood.

4. The location and size of the conditional use and the nature and intensity of the operation will not dominate the immediate neighborhood as to prevent the development and use of neighboring property in accordance with the applicable zoning regulations. In determining the foregoing, consideration shall be given to the adequacy of:

(a) The location, nature and height of structures, walls, and fences on the site.

(b) The nature and extent of landscaping and screening on the site.

(c) The safety and convenience of vehicular and pedestrian access and circulation to and within the site.

(d) Anticipated volumes and destinations of traffic generated by the proposed use.

5. The proposed conditional use is needed by the residents of the Borough of Roseland and/or the State of New Jersey, for their convenience or general welfare and that this need cannot be reasonably satisfied by any other means.

Where a conditional use is part of a mixed use development, the conditions of the conditional use shall be applied to that portion of the development related to the conditional use.

Conditional use requirements for permitted conditional uses shall be contained in the following subsections of this Article IV.

(Ord. No. 20-1993 )Ord. No. 23-1997 § II)

Certain nonprofit institutional uses may be permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

a. Public and Private Schools.

Public schools covering any or all grades prekindergarten through grade 12 and full-time private schools covering any or all grades pre-kindergarten through grade 12 which are operated by charitable, religious or eleemosynary organizations to satisfy State mandated educational requirements, where permitted as a conditional use provided said conditional use shall meet all of the following requirements:

1. Charter.

The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Board, the following:

(a) The organization is or will be a bonafide nonprofit school organized for educational purposes and such other activities normally carried on by such schools.

(b) The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.

(c) The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

(1) The premises may be made available on a rental basis for meetings of other groups, private social functions and the like.

(2) The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside a building or structure. Such activities shall only be permitted outside of a building or structure under the authority of a special license granted by the Borough Council of the Borough of Roseland, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This paragraph shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fundraising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.

(3)The sale of items m s, products or materials re --red for the educational programs or welfare of the students, or accessory to and having a relation to the activities conducted on the premises, such as, but not limited to, books, art materials and school supplies, or tickets for student activities, or other school related events, or food for school lunches, are permitted on a continuous basis, provided such sales are conducted inside the building or structure.

2. Minimum Lot Size.

The lot or site on which the proposed use is to be located shall have a minimum area of ninety thousand (90,000) square feet, plus an additional forty-five thousand (45,000) square feet for every one hundred (100) pupils or portion thereof of maximum capacity, and the lot or site shall have a minimum street frontage of two hundred twenty-five (225) feet.

3. Lot Coverage.

The coverage of the lot by buildings and structures will not exceed fifteen (15%) percent, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, or other improvements, shall not exceed forty (40%) percent of the total area of the lot.

4. Setbacks.

Any building or structure shall be set back from the front street line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or shall conform to the front yard setback requirements of the zone in which it is located, whichever is greater.

Any building or structure shall be set back from the side property lines a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or forty (40) feet, whichever is greater.

Any building or structure shall be set back from the rear property line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or fifty (50) feet, whichever is greater.

5. Exclusions.

This subsection is not intended to apply to part time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism or Hebrew schools, adult education, or the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations, but is intended to apply to educational institutions, whether or not operated in conjunction with religious organizations, churches, or places of worship, or chartered membership organizations which are operated on a full time basis, which offer general academic instruction or training in a skill, trade or vocation, and which are intended to fulfill State mandated educational requirements.

b. Public Utility Facilities.

Public utility facilities and uses may be permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

1. Proof of Need.

Proof shall be furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and to the satisfactory and convenient provision of service to the neighborhood in which the facility is to be located.

2. Building Design.

The design of any building or structure required for such use shall conform to the general character of the area in which the facility is to be located.

3. Fencing.

Adequate fencing and landscaping shall be provided, maintained and replaced as required.

4. Site Requirements.

The lot on which the facility is to be located shall be sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility so that the total coverage of the lot by all buildings, sidewalks, parking areas, driveways, or other improvements, does not exceed fifty (50%) percent of the total area. Parking space shall not be located within the front yard area, not within twenty-five (25) feet of a property line, and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required, to preclude to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude to the maximum extent possible, the view of the parking area from a public street.

5. Setbacks.

Any building or structure shall conform to the front yard setback requirements for the zone in which it is located or a distance equal to the height of the building, whichever is greater.

Any building or structure shall be set back from the side property lines a distance not less than the height of the structure, or twenty-five (25) feet, whichever is greater.

Any building or structure shall be set back from the rear property, line a distance not less than the height of the structure or fifty (50) feet whichever is greater.

c. Churches.

Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met.

1. Charter.

The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Planning Board, the following:

(a) The organization is or will be a bonafide nonprofit religious group organized primarily for the benefit of its membership, and such other activities normally carried on by religious groups.

(b) The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.

(c) The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

(1) The premises may be made available on a rental basis for meetings of other groups, private social functions and the like and;

(2) The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the Borough Council of the Borough of Roseland, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This paragraph shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fundraising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee, and;

(3) Sale of religious articles, or items having a relation to the cultural or ethnic background of the members of the faith are permitted on a continuous basis, provided that such sales are conducted inside the building or structure.

2. Minimum Lot Size.

The lot on which the proposed use is to be located shall have a minimum area of seventy-five thousand (75,000) square feet, and shall have a minimum street frontage of two hundred twenty-five (225) feet.

3. Lot Coverage.

The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, and other improvements, shall not exceed fifty (50%) percent of the total lot area.

4. Setbacks.

Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.

Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or twenty-five (25) feet, whichever is greater. Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or fifty (50) feet, whichever is greater.

5. Exclusion.

It is not intended that part time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization, or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education, and the like, be classified as a mixed use as defined herein for the premises on which they are conducted.

d. Nonprofit Chartered Membership Eating Clubs.

Eating clubs operated by chartered membership organizations for the benefit of their members and not for profit are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

1. The organization is, or will be, a bona-fide nonprofit group organized for the benefit and enjoyment of its members who shall be either (1) persons having a business residence, such as owners, tenants or occupants of any building located in an OB Zone District in the Borough of Roseland, or (2) residents of the Borough of Roseland. For purpose of this paragraph a, resident is defined as a person who has permanently resided in the Borough of Roseland for a period exceeding three (3) months and is eligible to vote in the general election.

2. The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity; however, the sale to members and their guests of food and beverages and other products or materials related to or accessory to those sales and to the primary function or activity of the eating club conducted on the premises is permitted. Club facilities may include rooms for conferences and seminars conducted by and/or for the benefit of members, but no overnight accommodations shall be permitted or provided.

3. The owner or operator shall not permit any member to enter the restaurant before 7:00 a.m. on any day of the week, or after 11:00 p.m. Monday through Friday, after midnight on Saturday, or after 9:00 p.m. on Sunday.

4. There shall be one (1) parking space for each five (5) patron seats; provided, however, that this requirement may be waived by the Planning Board if applicant can show there is sufficient substitute on-site/off-street parking available within a reasonable walking distance of the lot on which the club premises are located.

5. Nonprofit chartered eating clubs shall be located only within a principal building or structure and shall not be permitted to operate in an accessory building or structure and all activities of the club will be carried on within the building or structure in which the club is located.

(Ord. No. 13-2000; Ord. No. 6-2001 4 XVII)