A. Purpose. The purpose of the LTW Lake Topanemus Watershed District is to establish land use and development controls to maintain low density residential development and environmental controls within the watershed area in order to prevent pollution of surface drainage and subsurface water resources and to comply with Stipulation of Settlement in the matter of Joel Opatut Family Trust, Opatut L.P., H Plus E, L.L.C., and Broadway Estates v. Township of Freehold and Township Committee of the Township of Freehold, Docket No. MON-L-5766-97.

B. Special requirements and best management practices for land development within the Lake Topanemus Watershed District. Development within the Lake Topanemus Watershed District requires special setbacks from tributaries and intermittent streams draining to McGellaird's Brook and Lake Topanemus for septic systems, structures and impervious surfaces from streams, intermittent streams, soils with a shallow depth to water table slopes of 10% or greater, and soils with rapid percolation and drainage. Development within this district is required to utilize best management practices in terms of grading and development to maintain and enhance surface and subsurface drainage and water quality, protection of natural stream and intermittent stream corridors and drainageways through planting and reforestation with native vegetation and design of development to minimize adverse impacts on the streams and intermittent streams within and adjacent to the district. [Added 3-25-2003 by Ord. No. O-03-5]

C. Permitted uses: single-family dwellings.

D. Permitted accessory uses: same as R-R except farm storage sheds and barns.

E. Area, yard and building requirements: as specified for the R-25 Zone in Schedule C at the end of this chapter.

F. Stipulation of settlement requirements for properties included in the Matter of Opatut et al. cited in Subsection A above.

(1) Maximum number of building lots. The maximum number of building lots shall not exceed 165 single-family detached building lots in accordance with the Stipulation of Settlement in the matter of Joel Opatut Family Trust, et al., v. Township of Freehold, Docket No. MON-L-5766-97.

(2) Development option. Single-family detached residential development in this district may develop in accordance with the area, yard and building requirements of the R-25 Residential Zone as contained in Schedule C, Schedule of Area, Yard and Building Requirements, at the end of this chapter, provided the development is developed in accordance with the Stipulation of Settlement and does not exceed the number of lots permitted in the Stipulation of Settlement. The Planning Board shall have the fight to grant variable lot provisions to a subdivision in this district. Development within this district shall be designed to protect and enhance the surface and subsurface water quality of streams and tributaries and intermittent streams in accordance with best management practices for stormwater and drainage design and in accordance with subdivision design standards promulgated by the New Jersey Residential Site Design Standards (N.J.A.C. 5:21 et seq.)

(3) Chapter 336, Trees, shall be waived, if necessary, upon agreement with the Township's professionals, for development applications for lots included in the Stipulation of Settlement for development within the LTW-40 Zoning District.

A. Permitted uses:

(1) General business activities, including such activities as retail sales, offices and banks, eating and drinking establishments and personal services.

(2) Building material supply and sales, including such activities as lumber yards, mason materials, storage and sales, plumbing and electrical service and sales and similar storage and wholesale and retail sales designed to supply and service construction and building activities.

(3) Contractors' shops and offices.

(4) Small repair and machine shops generally employing fewer than 10 persons; and custom shops primarily engaged in the production of articles or products to be sold at retail on the premises.

(5) Commercial laundries and dry cleaners, provided that any commercial laundry shall be connected with a public sewage disposal system.

(6) Extension and commercial schools.

(7) Animal hospitals and shelters.

(8) Public utility garages and storage facilities.

(9) Printing shops.

(10) Public utility installations.

(11) Automotive repair and maintenance (NAICS 8111). [Added 12-27-2011 by Ord. No. O-11-32]

B. Permitted accessory uses.

(1) Storage sheds, except that lumber storage sheds shall be considered as a principal use.

(2) Garage facilities.

(3) Signs.

(4) Fences.

C. Area, yard and building requirements: as specified in Schedule C at the end of this chapter.

D. Uses permitted subject to issuance of a conditional use permit:

(1) Gasoline filling stations.

(2) Planned commercial development in accordance with § 190-203. [Amended 8-28-2012 by Ord. No. O-12-18; 2-26-2013 by Ord. No. O-13-5]

(3) Gasoline filling station with a convenience store per § 190-197.1. [Added 2-26-2013 by Ord. No. O-13-5]

A. Permitted uses:

(1) Office buildings for professional, executive, engineering or administrative purposes.

(2) Banks, retail stores and shops, provided that no exterior storage or sales of building materials shall be permitted. [Amended 9-9-2014 by Ord. No. O-14-12]

(3) Personal service establishments.

(4) Restaurants, cafes and coffee shops. Fast-food restaurants shall not be located nearer than 3,000 feet from one another, except that this provision shall not apply to fast-food restaurants located within shopping centers. Family-style restaurants without liquor licenses with video interactive games and/or child entertainment centers with or without video interactive games shall be permitted subject to the following design standards:

(a) Minimum floor area devoted to an individual family style restaurant or child entertainment center use: 2,500 square feet.

(b) Minimum floor area for each restaurant where two or more family-style restaurants are located in the same building: 2,500 square feet.

(c) Minimum number of seats is 125.

(d) No separate take-out service area is permitted.

(e) No drive-up windows are permitted.

(f) Video interactive devices, video games, and children entertainment uses in conformance with Chapter 75, Article II, § 75-19, provided that the area used for such uses shall not reduce the minimum required restaurant floor area and shall not exceed 25% or 1,000 square feet of the total floor area of a family-style restaurant, whichever is less.

(g) In any child entertainment center the area which contains video interactive games shall not exceed 7,500 square feet and the total area devoted to food service and party rooms shall not exceed 20% of the total floor area of the child entertainment center.

(5) Shopping centers comprised only of uses permitted in this zone.

(6) Wholesale business and distributors.

(7) Passenger bus stations.

(8) Research laboratories and light industries for the manufacture of products which may be produced without the creation of objectionable or detrimental effects on any other properties, subject to the performance requirements and specifications as hereinafter set forth in this chapter.

(9) Horse racetracks, horse racecourses, and premises wherein pari-mutuel wagering is permitted by the state.

(10) Municipal facilities.

(11) Extension and commercial schools.

(12) Public utility installations.

(13) Fitness and recreational sports centers (NAICS 713940). [Added 6-17-2008 by Ord. No. O-08-11]

(14) Bowling centers (NAICS 713950). [Added 6-17-2008 by Ord. No. O-08-11]

(15) Other indoor recreational facilities including dancing schools, gymnastic and cheerleading centers, miniature golf, target golf, archery centers, skateboard parks and similar types of indoor recreational activities and/or instruction. [Added 6-17-2008 by Ord. No. O-08-11]

B. Permitted accessory uses:

(1) Storage buildings and garages, provided that it can be demonstrated to the satisfaction of the reviewing board that such accessory buildings are necessary to the successful operation of the principal use on the premises, and that a definite economic hardship or a health or safety hazard would be created if such accessory building were not permitted; and further provided that no accessory building be used for sale purposes of any nature.

(2) Signs.

(3) Fences.

(4) Dance halls only as an accessory to premises licensed to dispense alcoholic beverages for on-premises consumption.

C. Uses permitted subject to issuance of a conditional use permit:

(1) Gasoline filling stations.

(2) Public, private or parochial schools.

(3) Cemeteries.

(4) Motels and hotels.

(5) Pool or billiard parlor.

D. Area, yard and building requirements.

(1) As specified in Schedule C at the end of this chapter provided; however, that for shopping centers containing 200,000 square feet or more of contiguous gross leasable floor area located on a site of not less than 10 acres for which preliminary and final site plan approval for the overall development has been obtained from the municipal agency, the approved site plan parcel of property may be subdivided into lots having minimum dimensions as follows and subject to the conditions contained herein:

(a) Minimum lot area: 40,000 square feet.

(b) Minimum lot dimensions, lot width and depth: 100 feet each.

(c) Maximum lot coverage: up to 100% total of principal and accessory buildings combined.

(d) Minimum yard depths: zero feet for principal and accessory buildings.

(e) Minimum width , buffer zone: 25 feet.

(f) Minimum size of principal building in square feet: 80,000 square feet total.

(2) The following conditions must be met before the municipal agency can approve the above area, yard and bulk requirements:

(a) All requirements of the preliminary and final site plan approval other than as provided for above shall apply to the subdivided lots as if the site plan approved parcel had not been subdivided; and

(b) Any areas designed in the approved site plan to be used in common with other approved site plan uses, or for the benefit of the public, shall be required of the subdivided lots.

(c) All improvements required by Article IX, § 190-70 et seq., as approved on final site plan approval for the subdivided parcel shall continue to apply; and so long as common usage easements or agreements that will be recorded are made a condition of subdivision approval, the subdivided lots shall be deemed to comply with Article IX of this chapter.

(d) All off-street parking, loading and unloading requirements that apply to the unsubdivided parcel's approved final site plan pursuant to Article XIV, § 190-162 et seq., of this chapter shall be deemed to be in conformity as to the subdivided lots, so long as common usage easements or agreements that will be recorded are made a condition of approval.

A. Purpose. The CMX Zones are intended to establish areas favorable to the location of businesses, offices and ancillary business service uses within planned development environments with compatible building designs and architectural facades and materials, efficient lot layout and circulation systems, and aesthetically coordinated and well designed site and landscape features.

B. Permitted uses. Permitted uses are limited to those included in the North American Industrial Classification System (NAICS) group or classification indicated. NAICS codes are based on North American Industrial Classification Manual of 1997 approved by the United States Office of Management and Budget:

(1) Finance and insurance offices (NAICS 52).

(2) Real estate (NAICS 531) except lessors of mini-warehouses and self-storage units (NAICS 53113).

(3) Cable and other pay television services (NAICS 51322) but not including wireless telecommunications towers and antennas.

(4) Professional, scientific, and technical services (NAICS Sector 54).

(5) Business services limited to:

(a) Professional, scientific, and technical services (NAICS 54).

(b) Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (NAICS 5222).

(c) Personnel supply services (NAICS 446).

(d) Information services and data processing services (NAICS 514).

(e) Office administrative services (NAICS 5611).

(f) Facilities support services (NAICS 5612).

(g) Employment services (NAICS 5613).

(h) Business support services (5614).

(i) Travel arrangement and reservation services (5615).

(j) Detective agencies and protective services (NAICS 56161 except "armored car service" and "dogs, rental of" for protective services).

(6) Health services limited to:

(a) Offices of physicians (NAICS 6211).

(b) Offices of dentists (NAICS 6212).

(c) Offices of other health practitioners (NAICS 6213).

(d) Medical and diagnostic laboratories (NAICS 6215).

(e) Within the CMX-2 Zone only, nursing care facilities (NAICS 623110). [Added 12-16-2008 by Ord. No. O-08-33]

(f) Within the CMX-2 Zone only, services for the elderly and persons with disabilities, including adult day-care facilities (NAICS 624120). [Added 12-16-2008 by Ord. No. O-08-33]

(7) Social services limited to:

(a) Individual and family services (NAICS 6241).

(b) Vocational rehabilitation services (NAICS 6243).

(c) Other individual and family services (NAICS 62419).

(8) Miscellaneous services limited to:

(a) Elementary and secondary schools (NAICS 6111).

(9) Within the CMX-3/A Zone only, new car dealers (NAICS 441110). No more than 30% of a new car dealer's displayed inventory may consist of secondhand or used automobiles. [Added 3-24-2015 by Ord. NO. O-15-4]

(10) Corporate office uses including or similar to permitted uses listed in Subsection B(1) through (9) above.

(11) Conference and convention centers.

(12) Within the CMX-3/A Zone only, motor vehicle showrooms, offices and mechanical repair and maintenance service facilities.

(13) Within the CMX-2 and the CMX-4 Zones only, permitted uses shall also include: [Amended 11-20-2007 by Ord. No. O-07-29]

(a) Hotels and motels with a minimum of 100 rooms.

(b) Conference facilities.

(14) Within the CMX-2 and CMX-3, only permitted uses shall also include houses of worship provided that the front yard setback shall be a minimum of 100 feet and the side yards shall be a minimum of 75 feet. [Added 6-17-2008 by Ord. No. O-08-11]

(15) Within the CMX-3 Zone, integrated limited business and support services. In addition to the permitted uses in the CMX-3 Zone listed above, integrated limited business and support services may be permitted as an office/commercial planned development option within the CMX-3 Zone in accordance with the provisions of N.J.S.A. 40:55D-65c as part of a planned development to include uses permitted under § 190-146B(1) through (11) and uses permitted within Subsection B(15)(a) of this section [§ 190-146B(15)(a)] and conditional uses permitted under § 190-146C in accordance with the following: [Added 6-29-2010 by Ord. No. O-10-11]

(a) Permitted uses within an integrated limited business and support services planned development.

[1] Business equipment, supplies, services, training, and repair and maintenance.

[a] Computer and software stores (NAICS 443120).

[b] Office supplies (NAICS 424120).

[c] Office furniture stores (NAICS 442110).

[d] Communication equipment repair and maintenance (NAICS 811213).

[e] Business service centers, including copy and duplicating centers, mailbox rental and mailing and duplicating shops (NAICS 561439).

[f] Business schools and computer and management training (NAICS 6114).

[2] Food services.

[a] Restaurants of not less than 1,250 square feet floor area, and not less than 40 seats (NAICS 722110).

[b] Limited-service eating places (NAICS 72221).

[c] Delicatessens (NAICS 722211).

[d] Cafeterias (NAICS 722212).

[e] Snack and nonalcoholic beverage bars (including sandwich, bagel and/or coffee shops, ice cream and yogurt stores and ethnic food specialty stores) where take-out service is permitted, but drive-through service is not permitted (NAICS 722213).

[f] Baked goods stores (NAICS 445291).

[g] Confectionery and nut stores (NAICS 44292).

[3] Office park employee personal sales and service establishments.

[a] Health and personal care stores (including pharmacies, drug stores, cosmetic and beauty supply stores, optical goods and other health and personal care stores) (NAICS 4461).

[b] Book, periodical and music stores (NAICS 4512).

[c] Dry cleaner and laundry dropoff and pickup with no coin-operated equipment and no cleaning processing equipment on site (NAICS 812320).

[d] Barbershops, hair, beauty and nail salons (NAICS 812111, 812112 and 812113).

[e] Home health equipment rental (NAICS 532291).

[f] Convenience stores not exceeding 2,500 square feet of floor area with no drive-through service, gasoline or motor vehicle service permitted (NAICS 445120).

[g] Fitness and recreational sports centers and spas not over 5,000 square feet in size, with operating hours not earlier than 6:00 a.m. and not later than 11:00 p.m. (NAICS 713940).

[4] Similar business services, educational and training facilities where retail sales of products related to the business or service are ancillary to the service provided.

(b) Bulk, architectural and tract area requirements for:

[1] A planned development must comprise a minimum tract area of 10 acres.

[2] An integrated limited business and support services planned development must contain a minimum of 35,000 square feet of gross leasable floor area.

[3] The floor area approved for an integrated limited business and support services planned development comprised of non-office uses shall not exceed 30% of the total approved floor area. Permitted uses in Subsection B(1) through (14) and permitted conditional uses shall not be classified as non-office uses for purposes of this calculation.

[4] Applicants for integrated business and support services planned developments shall submit a schedule of development providing a phasing plan of permitted uses, conditional uses, office and non-office uses based upon the gross leasable floor areas for each category of use. Non-office uses as calculated in Subsection B(15)(b)[3] shall not exceed 65% of any construction phase within an approved limited business and support services planned development.

[5] The floor area ratio for one-story developments shall not exceed 0.15. The floor area ratio for two-story mixed use (office and non-office uses) shall not exceed 0.20.

[6] Buildings approved within an integrated limited business and support services planned development in the CMX-3 Zones shall maintain the following setbacks and buffer requirements adjacent to residential zones; provided, however, that existing wooded areas on site or adjacent to the site that are classified and delineated as freshwater wetlands and /or delineated wetlands transition areas may be included as planted buffers areas subject to supplemental plantings to form a planted screen from the residential buildings:

[a] Planted buffer:

[i] One story structures: 50 feet.

[ii] Two-story structures: 75 feet.

[7] Specified non-office uses shall not exceed 15,000 square feet in an individual building and no single non-office use shall exceed 5,000 square feet of gross floor area, other than a conditional use restaurant.

[8] Each building within an integrated limited business and support services planned development that contains non-office uses shall contain not less than two and not more than four attached non-office uses.

[9] An integrated limited business and support services planned development must be designed with an overall architectural theme consistent with the requirements of § 190-114, Architectural design requirements for commercial, office and industrial development, in a manner which will not result in an appearance of a linear or strip shopping center.

[10] Integrated limited business and support services planned developments shall provide cross-access easements and shared parking between contiguous properties within CMX and B (Business) Zones to the greatest extent feasible to minimize ingress and egress vehicular movements on Route 9, Route 537 and other arterial and collector roadways. The cross-access easements and any shared parking areas shall be readily visible and clearly signed on both properties.

(16) Fitness and recreational sports centers (NAICS 713940). [Added 6-26-2012 by Ord. No. O-12-15]

C. Uses permitted subject to the issuance of a conditional use permit:

(1) Hotels and motels.

(2) Day-care facilities.

(3) (Reserved)

(4) Cemeteries.

(5) Pool or billiard parlors.

(6) Historic commercial projects.

(7) Restaurants.

(8) Congregate care and assisted living residential facilities. Permitted only within the CMX-2 Zone and CMX-3 Zones.

(9) Self-storage warehousing (NAICS 531130).

(10) Car wash facilities. Permitted only within the CMX-3 Zone. [Added 3-17-2009 by Ord. No. O-09-3]

D. Permitted accessory uses:

(1) Signs in accordance with § 190-183.

(2) Fences.

(3) Storage sheds for building and property maintenance equipment and refuse enclosures provided that they are constructed of a material compatible in form and color with the principal structure and screened from view from the roadway by landscaping, planted berm or decorative fencing.

E. Area, yard and building requirements. Specified in Schedule C at the end of this chapter.

F. Lot and building arrangement in CMX-2, CMX-3, CMX-3/A, CMX-4 and CMX-10 Zones.

(1) All principal and accessory buildings shall be designed and located upon the site with the intent to minimize the disturbance of existing land forms, water features, and areas of significant vegetation.

(2) Roadway layout and lot configuration shall be designed to permit flexibility of building placement to accommodate passive and/or active solar heating.

(3) All buildings shall be sited to assure minimal interference with the solar access of adjacent land uses and to create windbreakers minimizing winter heat loss potential.

(4) Access roadways, signage and landscaping shall be the only permitted uses within the front yard area. All parking must be located to the side or rear of the building and screened from view from the roadway by the use of landscaping, berming, or decorative fence or wall.

(5) Buildings located within 200 feet of a residence or residential zone shall not exceed 2 1/2 stories in height or 35 feet, and shall be designed so as to be harmonious with neighboring residences. [Amended 12-16-2008 by Ord. No. O-08-33]

(6) All buildings within the CMX-2, CMX-3, CMX-3/A, CMX-4 and CMX-10 zoning districts shall be compatible in architectural design in accordance with the requirements of § 190-114. All buildings shall be finished on the front and sides with face brick, its equivalent or better. All roof-mounted appurtenances must be screened from view.

(7) Application for development within the CMX-4 Zone shall be made as a planned commercial development and, where applicable, in accordance with the general development plan review procedures contained in § 190-36. In the event the statute providing for planned developments, N.J.S.A. 40:55D-45.3 should be interpreted as inapplicable to a parcel 100 acres or less, then the development shall be considered by the Planning Board as a conventional development, subject, however, to all other provisions, including phasing, of any consent order and stipulation of settlement to which the property to be developed is subject.