A. In recognition of the fact that certain necessary uses and operations may be, or may become, inimical to the health, safety and general welfare of the public, if located without special consideration of their relationship with and effect upon the surrounding area and uses therein, procedures and regulations are hereby established for conditional use permits to be granted as a conditional exception to certain provisions of this chapter as provided under N.J.S.A. 40:55D-67. The following standards and requirements are hereby established as minimum requirements supplementary to all other requirements of this chapter pertaining to performance standards, off-street parking facilities, signs, fences, and buffers.

(1) Application for any conditional use permit as provided in this chapter shall be made to the Planning Board.

(2) Upon hearing and considering the matter, the reviewing board may direct the Zoning Officer and the Construction Official to issue conditional use and building permits, if in its judgment any one of such cases will not be detrimental to the health, safety, and general welfare of the Township and is deemed necessary for its convenience may be permitted in specified zones only upon receipt of a conditional use permit, and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter.

B. Reinspection of premises. In such instances where conditional use permits have been issued, the Township reserves the right to reinspect the premises for which such conditional use permit has been granted through its Zoning Officer at such times as it may deem necessary.

C. The Planning Board shall grant or deny an application for a conditional use within 95 days of the date upon which the application is deemed complete or within such further time as may be consented to by the applicant.

(1) The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Articles V and VI (§ 190-31 et seq.) of this chapter. The time period for action by the Planning Board on conditional uses pursuant to Subsection A of this subsection shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer 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.

(2) Whenever review or approval of the application by the County Planning Board is required, in the case of a subdivision, or in the case of a site plan, the Township reviewing board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board by its failure to report thereon within the required time period.

Swim clubs as defined by this chapter may be permitted in specified residential zones only upon receipt of a conditional use permit, and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board, and any other applicable requirements of the chapter:

A. The standards of the Board of Health and any other Township or state agency established for the regulation of swimming pools and swimming clubs shall be complied with.

B. No swim club shall be located on a site having an area of less than five acres and a minimum street frontage of 300 feet.

C. No swimming pool, sun deck, dressing room, or other structure shall be located closer than 75 feet to any property line.

D. A swim club site shall have direct access onto an existing or proposed secondary arterial or major collector road as indicated on the Township Master Plan, as amended.

Public or private schools including colleges may be permitted in specified zones only upon receipt of a conditional use permit, and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:

A. The school shall be approved by the New Jersey Department of Education.

B. A school site shall have direct access onto an existing or proposed secondary arterial or collector road as indicated on the Township Master Plan, as amended.

C. The minimum lot area for an elementary school shall be five acres plus one additional acre for each 100 pupils.

D. The minimum lot area for all other schools shall be 10 acres plus one additional acre for each 100 pupils.

E. The minimum street frontage shall be 500 feet.

F. No building shall be located nearer than 100 feet to any property line.

[Amended 9-25-2007 by Ord. No. O-07-25; 6-17-2008 by Ord. No. O-08-11]

Houses of worship shall be permitted in any residential zone upon receipt of a conditional use permit and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:

A. The minimum area shall be three acres and a minimum frontage shall be 250 feet with one-hundred-foot front setback, seventy-five-foot side yards and seventy-five-foot rear yard.

B. The site shall have direct access to a street classified as a minor arterial, major collector, minor collector or collector street in the Township Master Plan, as amended.

C. Maximum building coverage for all buildings shall be 20%.

D. Maximum impervious surface coverage shall be 40%.

[Amended 12-27-2005 by Ord. No. O-05-48]

Golf courses and country clubs shall be a permitted use in the R-25 Zone, R-E Zone, R-R Zone and the R-40 Zone, subject to site plan approval by the Planning Board of the Township, and provided that the following standards are met, together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:

A. The site shall comprise a minimum of 50 acres and shall provide as a minimum a nine hole regulation golf link with a minimum playing distance of 2,500 yards from the first tee to the last green.

B. The operation of the golf course shall be restricted to daylight hours and shall not include what are commonly known as golf driving ranges, miniature golf courses, or pitch-and-putt golf courses, par-three courses.

C. The site shall have direct access to a road classified as a secondary arterial, major collector road or minor collector road by the Township Master Plan, as amended.

D. No building shall be erected nearer than 100 feet to any property line.

E. The operation may include, in addition to a clubhouse and other buildings normally accessory to a golf course operation, a restaurant which may be operated under the same ownership and management as the golf course.

F. The design and location of any restaurant constructed in conjunction with a golf course shall be such that the restaurant will blend harmoniously with the golf course and the area in which the golf course is situated.

G. No restaurant shall be opened for operation prior to the completion of the construction of the golf course.

[Added 3-17-2009 by Ord. No. O-09-3]

Car wash facilities as defined by the North American Industrial Classification System and classified as NAICS 811192 restricted may be permitted in the CMX-3 Zone District only upon receipt of a conditional use permit, provided that:

A. Car wash facilities permitted shall be limited to the following specific uses identified within NAICS 81192:

(1) Automotive washing and polishing.

(2) Car detailers.

(3) Car washes.

(4) Detailing services (i.e., cleaning and polishing), automotive.

B. The following conditions are met, together with any other applicable requirements of this chapter and other chapters of the Code of Freehold Township:

(1) The car wash facility shall be constructed as a masonry building designed of the same facade material as other buildings located on site, provided that the building meets the design standards of § 190-114, Architectural design requirements for commercial, office and industrial development.

(2) The car wash facility shall be located a minimum of 400 feet from a public street and any residential property.

(3) The car wash facility shall be located a minimum of 100 feet from any public building, house of worship or building utilized for public assembly and from any office building or potential office building based upon minimum building setback requirements. (As an example, if an existing building has a required rear or side yard setback of 50 feet from the property line, the car wash facility would be required to be set back 50 feet from the coterminous property line. If a vacant property exists adjacent to the car wash facility property which permits office uses and a twenty-five-foot rear or side yard setback, the car wash would be required to be set back 75 feet from the applicable property line or lines.)

(4) A drive-through car wash facility shall provide a stacking area sufficient for not fewer than 15 automobiles or that number of vehicles capable of being processed during a 1/2 hour period, whichever is greater. A space of nine feet by 18 feet shall be deemed adequate for each required space. Stacking of automobiles shall not be permitted in the public right-of-way or any area designated as a driveway or fire access lane.

(5) No part of the areas required herein for stacking and bypass lanes in connection with a car wash facility or for exiting from the car wash facility to the street shall be blocked or used for any other purpose, except that a bypass lane may accommodate other through traffic on the lot.

(6) The car wash building shall be self-contained to the greatest extent feasible, and all fans, blowers, dryers, vacuums and other mechanical equipment shall be located on the side of the building not facing any public building, residence or office building. Vacuuming facilities outside the building may not be located in any required yard area.

(7) Adequate provision shall be made to prevent excessive noise from emanating from the facility. The sound produced by any mechanical equipment involved in the operation of a car washing facility shall not exceed 75 dB(A) when measured next to an adjacent residential district or other noncommercial use or 80 dB(A) when measured in or adjacent to any commercial district.

(8) A drying cycle or hand-drying of vehicles shall be provided as a mandatory component of the car wash service, and heated pads and drainage grates shall be placed at or near each exit from an automatic car wash facility to reduce the potential for icing on the site and on public streets.

(9) Water conservation and water recycling methods shall be utilized such that at least 80% of the water used in the washing/rinsing of a vehicle is recycled.

(10) All discharge of water used in the washing of vehicles shall be to the sanitary sewerage system and not into any storm sewer or detention system. The proposed connection to the sanitary sewer connection shall be submitted to and approved by the Water and Sewer Utility Engineer.

(11) Parking spaces. A minimum of three spaces or one space for each employee on a maximum shift, whichever is greater, is required. If a car wash facility includes detailing, one additional parking space shall be provided for each detailing station.

(12) Car wash systems employing high-pressure sprays shall:

(a) Include building drains sized to accept 200% of maximum water flow and shall discharge into enclosed piping connected to the recycling facility equipment prior to discharge to the sanitary sewer system.

(b) Be arranged as to contain all spray within the car wash structure.

(c) Have exit aprons equipped with grate drains and pitched for a minimum of 20 feet toward the car wash structure at a gradient of at least 1/4 inch per foot.

(13) An application for a car wash facility shall include the following information with the application:

(a) A recycling system for all wash water, rinse water and wastewater acceptable to the Planning Board, Water and Sewer Utility Departments and Township Engineer. No car wash shall be permitted which does not contain, within an integral part of the car wash equipment and facility, an acceptable water recycling system.

(b) Complete details, including the volumes of wash water, rinse water and wastewater recovered and recycled from the system, the total volume of water, in gallons, used in the car wash process, the type of car wash detergent and chemicals used and a completed detailed plan of the automatic car wash operation, shall be provided. The applicant must document the system demands and recycling capabilities to demonstrate that the system recycles over 80% of water used in the vehicle washing procedure.

(c) The method(s) for removal of contaminants, including but not limited to grease, oil, solvents or flammable liquids, shall be provided. The location of processed discharge wastewater into the sanitary sewer system must be provided.

(d) The proposed hours of operation during the week and on weekends.

(14) The facility shall provide a suitable meter on the recycling system effluent line to allow the Township to monitor compliance with recycling requirements. Water and sewer connection fees shall be based on the prevailing Township connection fees per equivalent unit (EU) as developed by the proposed facility based on the maximum capacity (washes per hour) of the facility for the maximum proposed daily hours of operation (whether occurring on a weekday or weekend) times the net loss of water to the sanitary sewer connection per vehicle following all recycling procedures, plus 15 gallons per day per employee, inclusive of hand-drying staff.

[Amended 5-28-2013 by Ord. No. O-13-16]

Gasoline filling stations provided that the following standards are met, together with any other applicable requirements of this chapter:

A. The minimum site area shall be 80,000 square feet.

B. The minimum street frontage shall be 150 feet.

C. No gasoline filling station shall be located closer than 3,000 feet to any other gasoline filling station. The distance shall be measured between the property lines of the respective sides.

D. No pits, racks, or lifts shall be permitted out of doors nor shall any repair work be performed out of doors.

E. Gasoline pumps shall be located at least 30 feet from any property line.

F. All fuel oil, or similar volatile substances shall be stored as per National Fire Prevention Association standards.

G. No ingress or egress drives shall be located closer than 50 feet to any street intersection nor closer than 30 feet to any other drive on the same site or any other property. Such ingress and egress drives shall have a width of at least 20 feet, but not more than 30 feet.

H. No paved area other than an ingress or egress drive may be located within 10 feet of any property line.

I. All unpaved areas of the site shall be graded and planted with grass, shrubs, trees or other suitable landscaping material.

J. No building shall be erected nearer than 50 feet to any street line nor nearer than 20 feet to any side or rear property line.

K. Only those items necessary and related to the operation of a motor vehicle or dispensed from vending machines shall be sold from gasoline filling stations.

L. The gasoline filling station shall have an appropriately sized emergency stand-by generator system as defined in § 190-3, capable of operating fuel pumps, cash registers and lighted signage in the event of a power outage for at least 18 hours. [Added 5-28-2013 by Ord. No. O-13-16]

[Added 2-26-2013 by Ord. No. O-13-5]

Gasoline filling stations with a convenience store, provided that the following standards are met, together with any applicable requirements of this chapter:

A. The minimum site area shall be three acres.

B. The minimum street frontage shall be 300 feet. On corner lots, the street frontage on the primary roadway shall be 300 feet and on the secondary roadway the street frontage shall be 200 feet.

C. No pits, racks, or lifts shall be permitted out of doors, nor shall any repair work be performed out of doors.

D. Gasoline pumps shall be located at least 50 feet from any property line.

E. All fuel, oil, or similar volatile substances shall be stored as per National Fire Prevention Association standards.

F. No ingress or egress drives shall be located closer than 50 feet to any street intersection nor closer than 30 feet to any other drive on the same site or any other property. Such ingress and egress drives shall have a width of at least 20 feet but not more than 30 feet.

G. No paved area, other than an ingress or egress drive, may be located within 10 feet of any property line.

H. All unpaved areas of the site shall be graded and planted with grass, shrubs, trees or other suitable landscaping material.

I. No building shall be erected nearer than 100 feet to any street line, and no structure including canopies shall be erected nearer than 50 feet to any front, side or rear property line.

J. Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.

K. The sale, rental or lease of new or used vehicles shall be prohibited.

L. There shall be no drive-through facilities associated with the convenience store.

M. Outdoor solid waste disposal containers and dumpsters shall be contained within masonry structures with the same fascia material as the convenience store or gas station building.

N. Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.

O. Convenience stores shall be permitted, provided that:

(1) They contain not less than 2,000 square feet and not more than 5,000 square feet of gross floor area;

(2) Parking space is provided for each 100 square feet of floor area devoted to the convenience store.

(3) Parking and pedestrian circulation for the handicapped shall conform with the Americans with Disabilities Act; and

(4) The location and access to the convenience store does not impede or interfere with vehicular and pedestrian circulation to and from fuel pumps.