TOWNSHIP OF GALLOWAY DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING BOARD ZONING BOARD OF ADJUSTMENT _______________________________________________________ 300 E.

JIMMIE LEEDS ROAD, GALLOWAY, NJ 08205 (609) 652-3700 EXT. 246 FAX: (609) 652-5259

Tiffany A. Cuviello, PP, AICP PLANNER

#1873-2013 MEETING DATE: June 11, 2013 (Introduction); June 25, 2013 (Public Hearing)

AGENDA ITEM COMMENTARY

TITLE: AN ORDINANCE AMENDING CHAPTER 233, LAND MANAGEMENT, OF THE CODE OF THE TOWNSHIP OF GALLOWAY IMPLEMENTING RECOMMENDATIONS OF THE 2012 MASTER PLAN REEXAMINATION REPORT AND UPDATE FOR HOME OCCUPATIONS

STAFF SOURCE:

Tiffany A. Cuviello, PP, AICP, Township Planner

DISCUSSION: The purpose of this Ordinance is to amend Chapter 233, Land Management, of the Code of the Township of Galloway to permit home professional offices as an accessory use in all residential districts. The Galloway Township Planning Board adopted a Master Plan Reexamination Report and Update on April 5, 2012 recommending the permission of home occupation as accessory uses. After Introduction of the Ordinance, a copy should be referred to the Planning Board for recommendation in accordance with the requirements of N.J.S.A. 40:55D-64.

EXHIBITS: A copy of the ordinance.

RECOMMENDATIONS: Adopt the Ordinance.

ORDINANCE # 1873 OF 2013 AN ORDINANCE AMENDING CHAPTER 233, LAND MANAGEMENT, OF THE CODE OF THE TOWNSHIP OF GALLOWAY IMPLEMENTING RECOMMENDATIONS OF THE 2012 MASTER PLAN REEXAMINATION REPORT AND UPDATE FOR HOME OCCUPATIONS WHEREAS, the purpose of this Ordinance is to amend Chapter 233, Land Management, of the Code of the Township of Galloway to permit home professional offices as an accessory use in all residential zoning districts; and WHEREAS, the Galloway Township Planning Board adopted a Master Plan Reexamination Report and Update on April 5, 2012 recommending the amendments as proposed; and WHEREAS, the Township Council referred this ordinance for recommendation to the Planning Board in accordance with the requirements of N.J.S.A. 40:55D-64. The Planning Board found that the proposed ordinance is consistent with the adopted Master Plan and made a favorable recommendation supporting the ordinance amendments at their June 20, 2013 meeting. NOW THEREFORE, BE IT ORDAINED by the Governing Body for the Township of Galloway, County of Atlantic and State of New Jersey, that Chapter 233, Land Management is hereby amended as follows: SECTION I. Amend Section 233-4 Terms Defined to include the following, in alphabetical order: HOME PROFESSIONAL OFFICE - A business, profession, occupation or trade conducted for gain or support by a resident of the dwelling unit and is incidental and secondary to the use of the dwelling unit. A home professional office shall not include retail sales to the general public unless through mail, internet or another similar service wherein the retail customers are not visiting the residential unit. SECTION II. Amend Section 233-8.E. to add new item (13) as follows: (13) Home Professional Office in accordance with the standards in Subsection I, below.

SECTION III. Amend Section 233-8 to add a new subsection I as follows: 233-8.I. Home Professional Office. (1) (2) (3) (4) (5) (6) A zoning permit is required for the initial establishment of the home professional office in accordance with Section 233-8.C. above. No more than one home professional office shall be permitted per residential dwelling unit. No more than 10% of the dwelling unit and accessory structures or 500 square feet, whichever is less, may be devoted to the home professional office. The home professional office must be carried out indoors without any outdoor storage. The residential appearance of the structure shall not be altered as a result of the home professional office. Noise, glare, fumes, odors, or electrical interferences are prohibited.

ORDINANCE # 1873 OF 2013 AN ORDINANCE AMENDING CHAPTER 233, LAND MANAGEMENT, OF THE CODE OF THE TOWNSHIP OF GALLOWAY IMPLEMENTING RECOMMENDATIONS OF THE 2012 MASTER PLAN REEXAMINATION REPORT AND UPDATE FOR HOME OCCUPATIONS (7) Not more than one client is permitted on the premises at any one time. Clients are permitted to visit the residential unit for those professions that include professional services. A home professional office shall not include retail sales. (8) Deliveries and pickups by tractor-trailers are prohibited. All deliveries shall occur by standard residential UPS, FedEx or other similar service. (9) The home professional office shall not have employees working at the dwelling unit with the exception of members of the family living in the dwelling unit. (10) No commercial vehicles shall be stored on-site with the exception of the vehicle utilized by the resident of the dwelling unit. The storage and/or parking of commercial vehicles with more than two-axels are prohibited. (11) Automotive or vehicular repair of any kind is specifically prohibited, including maintaining of vehicles associated with the home occupation. NOW THEREFORE, BE IT FURTHER ORDAINED by the Governing Body for the Township of Galloway, County of Atlantic and State of New Jersey, that a certified copy of this ordinance is forwarded to the Pinelands Commission for certification.

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed the first reading at a meeting of the Township Council of the Township of Galloway, County of Atlantic and State of New Jersey, held on June 11, 2013, and said Ordinance will be further considered for final passage and adoption at a public hearing to be held at the Municipal Complex located at 300 East Jim Leeds Road, Galloway, New Jersey 08205, on June 25, 2013, at 6:30 p.m. or as soon thereafter as the matter may be reached. BY ORDER OF THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF GALLOWAY Certified as a true copy of an Ordinance which passed final reading At a regular meeting of the Galloway Township Council held on __________
Recorded Vote: Bassford Coppola Gorman Purdy McElwee Tyrrell Ullman MOTIONS AYE NAY ABSTAIN ABSENT

___________________________ Thalia C. (TC) Kay, RMC Township Clerk