[Amended 7-24-1997 by Ord. No. 97-30; 12-22-2016 by Ord.
No. 2016-17]
A. Permitted uses within the R-100 Residence Zone. No premises, lot,
land area, building or structure shall be used and no building or
structure shall be erected or altered to be used, in whole or in part,
unless it complies with the schedule of general regulations and the
regulations of this chapter and is used wholly for one or more of
the following uses:
(1) Detached single-family dwellings and accessory buildings and uses
normally auxiliary thereto.
(2) Public utilities and services necessary for the service of the community,
except activities of an industrial character, such as repair and maintenance
yards, storage facilities, classification yards and round-houses,
or activities which generate electronic interference, or power generating
facilities.
(3) Family day-care homes as defined by N.J.S.A. 40:55D-66.5.
(4) Home occupations conducted entirely within the principle structure.
B. Conditional uses by permit. In addition to the above-described permitted uses for the R-100 Residence Zone, the following shall be classified as conditional uses which shall be permitted subject to approval of the Planning Board upon compliance with the standards and regulations as set forth in §
335-78 of this chapter:
(1) Home occupations conducted outside of the principal structure.
(2) Home professional offices.
[Added 2-16-1979 by Ord. No. 2-79]
A. Permitted uses within the R-100A Residence Zone. No
premises, lot, land area, building or structure shall be used and
no building or structure shall be erected or altered to be used, in
whole or in part, unless it complies with the schedule of general
regulations, the regulations of this chapter and is used wholly for
one or more of the following uses:
(1) All uses set forth as permitted uses under §
335-50 for the R-100 Residence Zone.
[Amended 6-12-1997 by Ord. No. 97-21]
B. Conditional uses by permit. In addition to the above-described permitted uses for the R-100A Residence Zone, the following shall be classified as conditional uses which shall be permitted subject to approval of the Planning Board upon compliance with the standards and regulations as set forth in §
335-78 of this chapter:
[Added 7-24-1997 by Ord. No. 97-30]
(1) All uses set forth as conditional uses under §
335-50B for the R-100 Residence Zone.
[Added 9-18-1980 by Ord. No. 25-80]
The provisions of said zone shall be as follows:
A. Permitted uses within the R-80 Residence Zone. No
premises, lot, land area, building or structure shall be used, and
no building or structure shall be erected or altered to be used in
whole or part, unless it complies with the schedule of general regulations
of this chapter and is used wholly for one or more of the following
uses:
(1) All uses set forth under §
335-50 for the R-100 Residence Zone.
[Amended 6-12-1997 by Ord. No. 97-21]
[Added 9-18-1980 by Ord. No. 25-80]
A. Permitted uses within the R-75A Zone. No premises,
lot, land area, building or structure shall be used, and no building
or structure shall be erected or altered to be used, in whole or in
part, unless it conforms to the schedule of general regulations of
this chapter and is used wholly for one or more of the following uses:
(1) All uses set forth as permitted uses under §
335-53 for the R-75 Residence Zone.
[Amended 6-12-1997 by Ord. No. 97-21]
B. Conditional uses by permit. In addition to the above-described permitted uses for the R-75 Residence Zone, the following shall be classified as conditional uses which shall be permitted subject to approval of the Planning Board upon compliance with the standards and regulations as set forth in §
335-78 of this chapter.
[Added 7-24-1997 by Ord. No. 97-30]
(1) All uses set forth as conditional uses under §
335-50B for the R-100 Residence Zone.
[Added 7-12-2001 by Ord. No. 02-42]
A. Permitted uses within the R-75B Zone. No premises,
lot, land area, building or structure shall be used, and no building
or structure shall be erected or altered to be used, in whole or in
part, unless it conforms to the schedule of general regulations of
this chapter and is used wholly for one or more of the following uses:
(1)
All uses set forth as permitted uses under §
335-53 for the R-75 Residence Zone.
B. Conditional uses by permit. In addition to the above-described uses for the R-75B Residence Zone, the following shall be classified as conditional uses which shall be permitted subject to approval of the Planning Board upon compliance with the standards and regulations as set forth in §
335-78 of this chapter.
(1)
All uses set forth as conditional uses under §
335-50B for the R-100 Residence Zone.
[Added 12-22-1983 by Ord. No. 36-83; amended 12-28-1995 by Ord. No. 95-57]
A. Permitted uses within the RO-100 Zone. No premises,
lot, land area, building or structure shall be used and no building
or structure shall be erected or altered to be used, in whole or in
part, unless it complies with the schedule of general regulations
and the regulations of this chapter. All uses in this zone shall be
subject to the bulk area and yard requirements of the R-100 Zone,
except that office building of professional persons and buildings
of personal business service establishments shall be subject to the
bulk area and yard requirements of the O-C Office-Commercial Zone.
The following uses are permitted in the RO-100 Zone:
(1) Detached single-family dwellings and the accessory buildings and uses normally auxiliary thereto, including home occupations in conformance with §
335-3 of this chapter, provided that any said dwelling or accessory buildings and use shall provide driveway turnarounds on the property to prevent backing out of the property onto the adjacent roadway.
(3) Office buildings of professional persons, which shall
be subject to the bulk, yard and area requirements of the O-C Office-Commercial
Zone.
(4) Buildings of personal and business services establishments,
such as but not limited to realtors, stockbrokers, computer services,
builders and developers, not including storage of construction materials
and equipment, which shall also be subject to the bulk, area and yard
requirements of the O-C Office-Commercial Zone.
(5) Home occupations conducted entirely within the principal
structure on the premises.
[Added 7-24-1997 by Ord. No. 97-30]
(6) Home professional offices.
[Added 7-24-1997 by Ord. No. 97-30]
B. Conditional uses by permit. In addition to the above-described permitted uses for the RO-100 Residence and Office Zone, the following shall be classified as conditional uses which shall be permitted subject to approval of the Planning Board upon compliance with the standards and regulations as set forth in §
335-78 of this chapter.
[Added 7-24-1997 by Ord. No. 97-30]
(1) Home occupations conducted, in whole or in part, outside
of the principal structure.
(2) Two-family dwellings (duplex) are permitted as a conditional use,
subject to the following:
[Added 9-12-2013 by Ord. No. 2013-26]
(a)
Area, yard and building requirements:
[1]
Minimum lot area:
[a] Interior lot: 15,000 square feet.
[b] Corner lot: 18,000 square feet.
[4]
Minimum front setback: 35 feet.
[5]
Minimum side setback: 20 feet.
[6]
Minimum rear setback: 30 feet.
[7]
Maximum building height: 35 feet, two stories.
[8]
Accessory structures:
[a] Minimum side yard: six feet.
[b] Minimum rear yard: six feet.
[c] Maximum building height: 16 feet.
(b)
Minimum parking requirements:
[1]
The minimum number of required parking spaces shall be 2.0 spaces
per unit.
[2]
A private driveway to a unit with capacity for off-street parking
of one automobile shall be deemed to constitute one parking space.
(c)
Additional requirements:
[1]
All units shall have an attached garage.
[2]
Garages that are used to meet the required parking demand under
the residential site improvement standards are prohibited from being
converted to living space.
(3) Types of housing permitted as an accessory use:
[Added 9-12-2013 by Ord. No. 2013-26]
(a)
Dwelling units in mixed-use buildings.
[1]
Any building containing both residential and nonresidential
uses shall have a secured entrance for the residential uses.
[2]
No dwelling unit shall be permitted on the same floor level
as a nonresidential use.
[3]
Dwelling units shall be permitted only in buildings in which
the ground floor is devoted to office or personal business-service
uses.
[4]
Dwelling units shall be no less than 700 square feet in area.
[Added 8-26-1982 by Ord. No. 26-82]
A. Permitted uses. Within the RRCD Residential Retirement
Cluster Development Zone, no premises, lot, land, area, tract, building
or structure shall be erected or altered for use, in whole or part,
unless it complies with the schedule of general requirements and the
regulations of this chapter and is used wholly for one or more of
the following uses:
(1) Residential retirement cluster developments as defined in §
335-3 herein, on tracts having a minimum contiguous area of at least 100 acres devoted entirely to the use of a residential retirement cluster development consisting of detached single-family dwellings.
(2) Recreational and community center buildings and facilities,
including swimming pools, tennis courts, shuffleboard courts, picnic
grounds, clubhouses and other such recreational, community service
and cultural facilities, which are solely for use by the residents
of the development and their guests. Recreational and cultural facilities
shall not be limited to the foregoing so that the applicant may propose
additional facilities with his submission. All such facilities shall
be subordinate to the residential character of the community. No advertising
or commercial enterprise shall be permitted.
(3) Permitted accessory uses. Necessary accessory buildings
and uses required for the administration, maintenance, safety and
service of the development shall be permitted.
B. Schedule of minimum requirements.
(1) Residential retirement cluster development shall be
not less than 100 contiguous acres under one ownership or control;
provided, however, that an area of less than 100 acres may be added
to an existing residential retirement cluster development under the
following conditions:
(a)
It is contiguous to the residential retirement
cluster development.
(b)
The addition is in compliance with all applicable
provisions of this chapter.
(2) Gross residential density. There shall be no more
than three dwelling units per acre. The residential dwelling unit
density shall be determined by dividing the proposed number of dwelling
units in the development by the number of acres in the development.
(3) Homes constructed in the Residential Retirement Cluster
Development Zone shall have the following gross floor area per unit:
[Added 12-16-1982 by Ord. No. 37-82]
(a)
One-bedroom: 800 square feet.
(b)
Two-bedroom: 900 square feet.
C. Schedule of limitations. The schedule of limitations under §
335-93 of the Lacey Township Code for cluster development is hereby made a part of this section. Said schedule hereby establishes the minimum yard and bulk requirements for all uses within a cluster development unless otherwise regulated hereunder.
D. Improvements. All improvements shall conform to the design and construction standards set forth in Chapter
297, Subdivision of Land.
(1) Streets and roads.
(a)
Streets and roads within the residential retirement
cluster development may either be dedicated to the Township or be
retained as private streets maintained by the homeowners' association,
which determination shall be made by the Planning Board and the Township
Committee. An offer for dedication neither implies nor places any
obligation upon the Township of Lacey to accept any or all streets
offered for dedication.
(b)
Street design and construction. All proposed streets in the residential retirement cluster development shall be classified in accordance with the definitions set forth in §
297-2 of Chapter
297, Subdivision of Land. The street layout pattern shall be such that proper and safe traffic circulation are maintained at all times. All streets offered for public dedication shall comply with all applicable design and construction standards set forth in §
297-36 of Chapter
297, Subdivision of Land.
(c)
Private streets.
[1]
Private streets shall be those streets which have not been dedicated and accepted by the Township of Lacey for continuous maintenance as public streets. The continuous permanent maintenance of all private streets within the residential retirement cluster development shall be the sole responsibility of the homeowners' association or other analogous body. Provisions shall be made to ensure that the maintenance of such roadways and streets shall not become an obligation of the Township of Lacey. All private streets within the residential retirement cluster development shall conform to the requirements set forth in Chapter
297, Subdivision of Land, or as otherwise amended herein.
[2]
Every private street shall have an easement of not less than five feet in width on each side of the pavement, which shall provide for right of access by both the homeowners' association and the Township for purposes of utility installation or such other public purposes as may be deemed desirable. Where the developer has provided adequate off-street parking in accordance with the standards and regulations for cluster development set forth in §
285-11 of Chapter
285, Site Plan Review, the Planning Board may waive the width of the paved portion of private streets to a width of not less than 24 feet.
[3]
Private streets shall conform with all standards set forth under Chapter
297, Subdivision of Land, including pavement, horizontal and vertical alignment, drainage, curbing and sidewalks, unless any such requirements are specifically waived by the Planning Board.
(2) Sanitary sewer. Each lot in a residential retirement
cluster development shall be served by a central sewer system which
conforms to the requirements of the Lacey Municipal Utilities Authority.
Each lot shall be a part of the Lacey Municipal Utilities Authority
system.
(3) Water supply. A central water supply system shall
be provided for a residential retirement cluster development. Such
system shall comply with the requirements of the Lacey Municipal Utilities
Authority.
(4) Underground utilities. All utilities, including gas,
water, sanitary sewer, electric and cable television, shall be installed
below ground level, unless such installation is deemed impractical
by the Planning Board.
(5) Buffers and screening. Along the exterior boundary line of any land areas developed as a residential retirement cluster development there shall be provided a buffer zone having a minimum width of not less than 50 feet. This buffer width shall be in addition to any yard or setback areas as required herein. The buffer zone shall include a screening strip in accordance with the provisions of §
335-34 of this chapter. The actual type, size and location of the screening strip, including the required buffer zone, shall be subject to the approval of the Planning Board or other such agency approving the residential retirement cluster development plan. For those nonresidential uses as permitted in this section, the buffer zone and screening strip shall be in accordance with the provisions and requirements set forth in §
335-34 of this chapter and Chapter
285, Site Plan Review. All buffer zones and screening strips for such permitted nonresidential uses shall likewise be subject to the approval of the Planning Board or other agency approving the residential retirement cluster development plan.
(6) Sidewalks. The Planning Board may waive sidewalks
where they are to be located on local, collector or arterial streets,
provided that adequate alternate pathways are provided throughout
the development. The alternate pathways shall have a minimum width
of six feet and shall have a hard dust-free surface. Bituminous concrete
and cementitious concrete shall be acceptable. Timber walkways shall
be acceptable if they are constructed throughout with lumber treated
to resist decay and insect attack. Any walkway material shall be approved
by the Planning Board and shall be constructed as approved by the
Township Engineer.
E. Open space standards.
(1) Land area equal to a minimum of 30% of the tract of
land proposed for a cluster development shall not be utilized for
lot development and shall be set aside for open space.
(2) There should be a close visual and physical relationship
between open space and as many dwelling units as is reasonably possible.
Open space areas should weave between dwelling units generally respecting
a minimum width of 50 feet and periodically widening out into significant
and usable recreational areas.
(3) The configuration of the open space areas should be
so arranged that connections can be made to existing or future adjacent
open spaces.
(4) Land dedicated for open spaces shall include, wherever
feasible, natural features, such as streams, brooks, wooded areas,
steep slopes and other natural features of scenic and conservation
value. The developer may be required to plant trees or make other
similar landscaping improvements as may be found necessary by the
Planning Board to ensure the attractiveness and suitability of the
area as open space.
(5) Portions of the open space shall be developed to afford
both passive and active recreational opportunities. A minimum of 5%
of the required open space shall be developed to afford passive recreational
opportunities. Passive recreational activities may include but are
not limited to pedestrian paths, sitting areas and naturally preserved
areas. Areas devoted to passive recreation shall be required in addition
to active recreation areas. Active recreational areas shall include
but are not limited to such facilities as swimming pools, tennis courts,
bicycle paths and ball fields. The size, location and type of all
such recreational facilities shall be approved by the Planning Board.
F. Ownership, preservation and maintenance of common
open space. The developer shall make provisions which ensure that
the open space land shall continue as such and be properly maintained
in perpetuity. The developer shall utilize the following method or
such other method as approved by the Planning Board and Township Committee
in ensuring the preservation and maintenance of common open space
land:
(1) The developer shall provide for and establish an organization
for the ownership and maintenance of all or a specified part of common
open space land. The organization shall be a nonprofit homeowners'
corporation.
(2) The organization shall be organized by the developer
and operated with financial subsidization by the developer, if necessary,
before the sale of any lots within the development.
(3) Membership in the organization shall be mandatory
for all residents of the residential retirement cluster development.
(4) The organization shall be responsible for maintenance
of insurance and payment of any taxes on common open space.
(5) The members of the organization shall be responsible
for bearing equitably the costs of maintaining and developing common
open space in accordance with procedures established by them.
(6) The organization shall have or hire adequate staff
to administer common facilities and maintain the common open space.
(7) In the event that the organization established to
own and maintain a common open space or any successor organization
shall at any time after establishment of the residential retirement
cluster development fail to maintain the common space in reasonable
order and condition, in accordance with the development plan, the
Township may serve written notice upon such organization or upon the
residents and owners of the residential retirement cluster development,
setting forth the manner in which the organization has failed to maintain
the common open space in reasonable condition. Said notice shall include
a demand that deficiencies of maintenance be cured within 30 days
thereof and shall state the date and place of a hearing thereon, which
shall be held within 14 days of the notice. At such hearing, the Township
may modify the terms of the original notice as to the deficiencies
and may give an extension of time within which they shall be cured.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 30 days or any extension thereof,
the Township, in order to preserve the taxable values of the properties
within the residential retirement cluster development and/or to prevent
the common open space from becoming a public nuisance, may enter upon
said common open space and maintain the same for up to one year. Said
entry and maintenance shall not vest in the public any rights to use
the common open space, the use of which shall be restricted to the
residents of the residential retirement cluster development who are
members of the homeowners' corporation, except when the common open
space is voluntarily dedicated to the public by the residents and
owners and said dedication is accepted. Before the expiration of one
year, the Township shall, upon its own initiative or upon the request
of the organization theretofore responsible for the maintenance of
the common open space, call a public hearing upon notice to such organization
or to the residents and owners of the residential retirement cluster
development, to show cause why such maintenance by the Township shall
not, at the election of the Township, continue for a succeeding year.
If the Township shall determine that such organization is not ready
and able to maintain said common open space in a reasonable condition,
the Township may, in its discretion, continue to maintain said common
open space during the next succeeding year and, subject to a similar
hearing and determination, in each year thereafter. The decision of
the Township in any such case shall constitute a final administrative
decision subject to judicial review.
(8) The cost of such maintenance by the Township shall
be assessed ratably against the properties within the residential
retirement cluster development that have a right of enjoyment of the
common open space and shall become a tax lien on said properties.
(9) Provisions for the development plan relating to the
use, bulk and location of buildings and structures, the quantity and
location of buildings and structures, the quantity and location of
common open space and the intensity of use or the density of residential
units shall run in favor of the Township and shall be enforceable
in law or in equity by the Township without limitation on any power
of regulation otherwise granted the Township by law. The development
plan shall specify which of its provisions run in favor of and are
enforceable by the residents of the residential retirement cluster
development and, in addition, the manner in which such residents may
modify or release such rights.
(10)
The nonprofit homeowners' corporation shall
be incorporated pursuant to the provisions of Title 15 of the New
Jersey Statutes. The corporation shall be directed by a board of trustees
of not less than seven nor more than 11 persons. The organization,
procedures and officers of the board of trustees shall be in accordance
with bylaws initially approved by the Township Attorney. They shall
provide a mechanism for amendment by favorable vote of a specified
majority.
(11)
The initial board of trustees shall be appointed
by the developer, and at least one member thereof shall be a resident
of the development. In the event that there are not yet any residents
at the time of appointment, at least one position shall be reserved
for the later appointment of a resident. Such appointment shall occur
within 90 days of the first day of occupancy by a resident who is
other than an employee of the developer.
(12)
The terms of the initial appointees of the board
of trustees shall be staggered among terms of not less than one year
and not more than three years. Thereafter, all appointed or elected
terms shall be for a period of three years.
(13)
The developer shall have the exclusive right
to nominate and elect the members of the board of trustees for a period
of 10 years from the date of the first sale or until the occupancy
of 75% of all proposed units is effectuated, whichever shall first
occur; provided, however, that at least one member of the board of
trustees shall be a resident of the development other than an employee
of the developer.
(14)
After more than 75% of all proposed units in
the development are occupied or after 10 years from the date of the
first sale, whichever shall first occur, the replacement of the members
of the board of trustees who resign or whose terms expire shall be
by election by the resident members; provided, however, that the developer
shall be assigned at least two seats on the board of trustees, to
which it may appoint a person of its choice until all units in the
proposed development have been occupied.
(15)
Regardless of the manner in which common open
space land is occupied or developed, all other areas of the development
which are not occupied by buildings, public streets or other required
and/or approved public improvements or by lots which are plotted for
sale shall be deeded to the homeowners' corporation for maintenance.
G. Recreational area.
(1) There shall be in each residential retirement cluster
development at least one clubhouse or community building. There shall
be at least six square feet of clubhouse building space provided for
each proposed dwelling unit. The clubhouse shall be completed, shall
have received a certificate of occupancy and shall be in operation
before the 100th dwelling unit has been completed.
(2) Each RRCD shall provide a site or sites for recreational
facilities for the use of its residents. Recreational facilities shall
include but not be limited to such facilities as shuffleboard lanes,
barbecue grills, picnic benches and indoor recreation facilities.
Swimming pools shall be provided in the event that there are no adequate
beach facilities available on site to the residents of the RRCD. Swimming
pools, as required, shall have a minimum area of 1,800 square feet
in size. Swimming pools shall be provided at a ratio of four square
feet of pool area per proposed dwelling unit, rounded to the nearest
multiple of 100 square feet of pool. The adequacy of proposed recreational
facilities shall be reviewed by the Planning Board with the intent
of assuring balanced and satisfactory recreational facilities for
the use and enjoyment and well being of the residents of the RRCD.
If the Planning Board determines that these ends are not being met
by the proposed facilities, the Planning Board may require that additional
recreational facilities be constructed to eliminate the deficiencies.
All grounds surrounding recreational and administrative facilities
shall be appropriately landscaped and shall provide adequate walkways.
Underground irrigation shall be installed for such areas.
[Amended 12-16-1982 by Ord. No. 37-82]
(3) Where a residential retirement cluster development
is a conventional fee simple development, covenants and restrictions
and plot plans shall indicate that recreational areas and green areas
shall be dedicated to a homeowners' association or analogous body.
H. Procedural requirements.
(1) All subdivision plans and site plans shall be submitted to the Planning Board in accordance with the requirements of Chapter
297, Subdivision of Land, and of this chapter. Where facilities proposed to be built are other than residential dwellings, site plans shall be submitted for review and Planning Board action in conformity with this chapter and Chapter
285, Site Plan Review.
(2) At such time as the applicant or developer shall submit
a subdivision plan or site plan for approval, the following shall
also be submitted:
(a)
Covenants and restrictions for the community
or any other plan for or restrictions upon the community property.
(b)
Bylaws of the proposed homeowners' association.
(c)
Proposed agreement of sale.
(e)
Title insurance certificate.
(3) Said documents shall be forwarded to the Planning
Board and shall be subject to the review of the Planning Board and
of the Township Committee as to their adequacy to ensure that the
residential retirement cluster development shall be constituted so
as to be consistent with the purposes and requirements of this section.
The proposed documents and restrictions shall indicate a comprehensive
and equitable program for the orderly transition of control over the
homeowners' association from the applicant or the developer to the
actual homeowners in the community.
(4) In addition to the foregoing, it shall be mandatory
for any applicant to provide the Planning Board and the Township Committee
with copies of all submissions to be made to any state agency pursuant
to the Retirement Community Full Disclosure Act at all stages of development.
(5) A fee of $1,000 or such fee as is determined, from time to time, by ordinance, shall be paid at the time of filing the aforesaid documents to aid the Planning Board in payment of professional fees to its experts in reviewing the aforesaid submissions. The aforesaid fee shall in no way be construed as a subdivision filing fee which is required under Chapter
297, Subdivision of Land. The Planning Board shall review the aforementioned submissions and shall advise the applicant of any deficiencies or divergence from the standards of the residential retirement cluster development regulations. When and if an applicant has satisfied the requirements of this section, the applicant may make application for final subdivision approval pursuant to Chapter
297, Subdivision of Land, of the Code of the Township of Lacey. Any final approval of the Planning Board shall include a condition for submission and approval of the proposed master deed or deeds.
[Amended 12-16-1982 by Ord. No. 37-82]
I. Development. Development of all the uses and facilities
approved as part of the site plan or subdivision shall proceed at
the same rate as the dwelling units. To assure compliance with this
subsection, the Construction Official shall, from time to time following
the approval of a residential retirement cluster development, review
all of the building permits issued for said residential retirement
cluster development and examine the construction which has taken place
on the site. If he shall find that any type of use, including recreational
facilities is being developed at less than a comparable rate with
the dwelling units, he shall report such to the Planning Board and
to the Township Committee. The Township may take such action as is
deemed appropriate, including issuance of stop-work notices or revocation
of building permits until such time as parity in development of the
divergent uses is reached.
[Added 7-27-2000 by Ord. No. 00-40]
A. Permitted uses. The following will be allowed as permitted
uses in the Age-Restricted Planned Unit Residential Development Zone:
(1)
Age-restricted planned unit residential development
(PURD).
(2)
Residential development in accordance with the
R-150 Residence Zone.
(3)
Age-restricted residential development (ARRD).
(4)
Commercial uses as part of an age-restricted
PURD, when in accordance with the requirements of the O-C Office Commercial
Zone of the Lacey Township Zoning Ordinance.
(5)
Assisted living care facilities as part of an
age-restricted PURD.
(6)
Independent living facilities as part of an
age-restricted PURD.
B. Maximum building density. The maximum building density
shall be a 5.0 dwelling units per gross acre of the A-R PURD tract,
exclusive of commercial uses, with a mandatory set-aside of 15% of
the total number of units to be affordable housing units in accordance
with the certified housing element and Housing Plan of Lacey Township.
Exception: When conventional subdivision is proposed, allowable density
shall be that derived from the actual subdivision layout prepared
in accordance with R-150 zoning requirements.
C. General requirements for age-restricted planned unit
residential development (PURD).
(1)
Purpose. This development type provides for
the creation of an integrated community permitting age-restricted
single family, multifamily, commercial and recreational uses coordinated
with common open space.
(2)
Minimum tract size. A planned unit residential
development may only be developed on one or more contiguous parcels
of land having a total gross area of not less than 100 acres. Properties
separated by a street or easement shall be considered as contiguous
in consideration of minimum tract size.
(3)
Minimum open space: 30% of gross land area of
PURD.
(4)
Permitted principal uses. The principal uses
of buildings in an age-restricted PURD shall be limited to the following:
(a)
Age-restricted residential development (ARRD).
(b)
Commercial uses as part of an age-restricted
PURD, when in accordance with the requirements of the O-C Office Commercial
Zone of the Lacey Township Zoning Ordinance.
(c)
Assisted living care facilities (ALF).
(d)
Independent living facilities.
D. Age-restricted residential development (ARRD).
(1)
Purpose. It has been determined that there is
a need for alternative housing in the Township of Lacey for the adult
population who no longer maintain a residence for their children and
which is comprehensively designed to meet the needs of adults. Age-restricted
residential developments are hereby authorized to be developed in
those zones in which age-restricted residential developments are recognized
as a permitted use, upon compliance with the design criteria set forth
in this subsection, and approval of the general development plan,
preliminary and final subdivision/site plan approvals from the Planning
Board of the Township of Lacey as hereinafter described:
(2)
Definitions.
(a)
AGE-RESTRICTED RESIDENTIAL DEVELOPMENT (ARRD) — As
described herein, shall mean a private residential community comprised
of various housing types and accessory uses intended for, and limited
and restricted to, use and occupancy by age of resident in accordance
with applicable law, provided that:
[1]
At least 80% of the units in the development
must be occupied by a husband or wife over 55 years of age; there
is no age requirement for the spouse of such husband or wife. A maximum
of 20% of the units in the development can be occupied by a husband
or wife over 48 years of age; there is no age requirement for the
spouse of such husband or wife; or
[Amended 1-24-2008 by Ord. No. 2008-02]
[2]
The child or children residing with a permissible
occupant, provided that child or children is or are of the age of
19 years or over; or
[3]
The individual or individuals, regardless of
age, residing with and providing physical or economic support to a
permissible occupant.
[4]
The foregoing occupancy restrictions shall not
be construed to prohibit the occupants of any unit in an ARRD from
entertaining guests, of any age, in their dwellings, including temporary
residency not to exceed three months with no financial or other pecuniary
consideration to be paid therefore.
[5]
The proposed development would be required to
contain an affordable housing element under qualifying regulations,
consisting of a mandatory number of set-aside dwelling units provided
at the rate of 15% of the total number of units in the development.
(3)
Permitted principal uses. The principal uses
of buildings in an ARRD shall be limited to the following:
(a)
Dwellings of all types, provided that they comply
with the area and bulk zoning requirements of this subsection.
(c)
Sales and administrative offices required for
the construction, sale, resale and management of the ARRD.
(4)
Permitted accessory uses. The accessory uses
of buildings and structures in an ARRD shall be limited to the following:
(a)
Club house and/or community buildings.
(b)
Master television antenna system and/or cable
television antenna/receptions facilities.
(c)
Common parking areas for guest parking or dedicated
for specific parking purposes such as a recreational vehicle and trailer
parking.
(d)
Buildings for storage of vehicles, equipment
and supplies.
(e)
Outbuildings and structures as part of recreation
facilities.
(f)
Such other facilities and uses commonly associated
with the operation of an ARRD.
(5)
Area requirements. The following area requirements
shall apply to any ARRD.
(a)
Maximum building coverage: 45% of the lot area
for development of individual lots or 30% of the net tract area for
dwelling units on common property.
[Amended 6-14-2001 by Ord. No. 01-31]
(b)
Minimum open space: 30% of gross area of ARRD
tract.
[1]
Land area equal to a minimum of 30% of the tract
of land proposed for an ARRD shall not be utilized for lot development
and shall be set aside for open space.
[2]
There should be a close visual and physical
relationship between open space and as many dwelling units as is reasonably
possible.
[3]
Land dedicated for open spaces shall include,
wherever feasible, natural features, such as streams, brooks, wetlands,
wooded areas, steep slopes and other natural features of scenic and
conservation value. The developer may be required to plant trees or
make other similar landscaping improvements as may be found necessary
by the Planning Board to ensure the attractiveness and suitability
of the area as open space.
[4]
Portions of the open space shall be developed
to afford both passive and active recreational opportunities. A minimum
of 5% of the required open space shall be developed to afford passive
recreational opportunities. Passive recreational activities may include
but are not limited to pedestrian paths, sitting areas and naturally
preserved areas. Areas devoted to passive recreation shall be required
in addition to active recreation areas. Active recreational areas
shall include but are not limited to such facilities as swimming pools,
tennis courts, golf facilities, bicycle paths and ball fields. The
size, location and type of all such recreational facilities shall
be approved by the Planning Board.
(6)
Ownership, preservation and maintenance of common
open space. The developer shall make provisions which ensure that
the open space land shall continue as such and be properly maintained
in perpetuity. The developer shall utilize the following method or
such other method as approved by the Planning Board and Township Committee
in ensuring the preservation and maintenance of common open space
land:
(a)
The developer shall provide for and establish
an organization for the ownership and maintenance of all or a specified
part of common open space land. The organization shall be a nonprofit
homeowners' association corporation.
(b)
The organization shall be organized by the developer
and operated with financial subsidization by the developer, if necessary,
before the sale of any lots within the development.
(c)
Membership in the organization shall be mandatory
for all residents of the ARRD.
(d)
The organization shall be responsible for maintenance
of insurance and payment of any taxes on common open space.
(e)
The members of the organization shall be responsible
for bearing equitably the costs of maintaining and developing common
open space in accordance with procedures established by them.
(f)
The organization shall have or hire adequate
staff to administer common facilities and maintain the common open
space.
(g)
In the event that the organization established
to own and maintain a common open space or any successor organization
shall at any time after establishment of the ARRD fail to maintain
the common space in reasonable order and condition, in accordance
with the development plan, the Township may serve written notice upon
such organization or upon the residents and owners of the ARRD, setting
forth the manner in which the organization has failed to maintain
the common open space in reasonable condition. Said notice shall include
a demand that deficiencies of maintenance be cured within 30 days
thereof and shall state the date and place of a hearing thereon, which
shall be held within 14 days of the notice. At such hearing, the Township
may modify the terms of the original notice as to the deficiencies
and may give an extension of time within which they shall be cured.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 30 days or any extension thereof,
the Township, in order to preserve the taxable values of the properties
within the ARRD and/or to prevent the common open space from becoming
a public nuisance, may enter upon said common open space and maintain
the same for up to one year. Said entry and maintenance shall not
vest in the public any rights to use the common open space, the use
of which shall be restricted to the residents of the ARRD who are
members of the homeowners' corporation, except when the common open
space is voluntarily dedicated to the public by the residents and
owners and said dedication is accepted. Before the expiration of one
year, the Township shall, upon its own initiative or upon the request
of the organization theretofore responsible for the maintenance of
the common open space, call a public hearing upon notice to such organization
or to the residents and owners of the ARRD to show cause why such
maintenance by the Township shall not, at the election of the Township,
continue for a succeeding year. If the Township shall determine that
such organization is not ready and able to maintain said common open
space in a reasonable condition, the Township may, in its discretion,
continue to maintain said common open space during the next succeeding
year and, subject to a similar hearing and determination, in each
year thereafter. The decision of the Township in any such case shall
constitute a final administrative decision subject to judicial review.
(h)
The cost of such maintenance by the Township
shall be assessed ratably against the properties within the ARRD that
have a right of enjoyment of the common open space and shall become
a tax lien on said properties.
(i)
Provisions for the development plan relating
to the use, bulk and location of buildings and structures, the quantity
and location of buildings and structures, the quantity and location
of common open space and the intensity of use or the density of residential
units shall run in favor of the Township and shall be enforceable
in law or in equity by the Township without limitation on any power
of litigation otherwise granted the Township by law. The development
plan shall specify which of its provisions run in favor of and are
enforceable by the residents of the ARRD and, in addition, the manner
in which such residents may modify or release such rights.
(j)
The nonprofit homeowners' corporation shall
be incorporated pursuant to the provisions of Title 15 of the New
Jersey Statutes. The corporation shall be directed by a Board of Trustees
or not less than seven nor more than 11 persons. The organization
procedures and officers of the Board of Trustees shall be in accordance
with the bylaws initially approved by the Township Attorney. They
shall provide a mechanism for amendment by favorable vote of a specified
majority.
(k)
The initial Board of Trustees shall be appointed
by the developer, and at least one member thereof shall be a resident
of the development. In the event that there are not yet any residents
at the time of appointment, at least one position shall be reserved
for the later appointment of a resident. Such appointment shall occur
within 90 days of the first day of occupancy by a resident who is
other than an employee of the developer.
(l)
The terms of the initial appointees of the Board
of Trustees shall be staggered among terms of not less than one year
and not more than three years. Thereafter, all appointed or elected
terms shall be for a period of three years.
(m)
The developer shall have the exclusive right
to nominate and elect the members of the Board of Trustees for a period
of 10 years from the date of the first sale or until the occupancy
of 75% of all proposed units is effectuated, whichever shall first
occur, provided, however, that at least one member of the Board of
Trustees shall be a resident of the development other than an employee
of the developer.
(n)
After more than 75% of all proposed units in
the development are occupied or after 10 years from the date of the
first sale, whichever shall first occur, the replacement of the members
of the Board of Trustees who resign or whose terms expire shall be
by election by the resident members; provided, however, that the developer
shall be assigned at least two seats on the Board of Trustees, to
which it may appoint a person of its choice until all units in the
proposed development have been occupied.
(o)
Regardless of the manner in which common open
space land is occupied or developed, all other areas of the development
which are not occupied by buildings, public streets or other required
and/or approved public improvements or by lots which are plotted for
sale shall be deeded to the homeowner's corporation for maintenance.
(7)
Procedural requirements.
(a)
All subdivision plans, general development plan and/or site plans shall be submitted to the Planning Board in accordance with the requirements of Chapter
285, Site Plan Review, Chapter
297, Subdivision of Land, and of this chapter. Where facilities proposed to be built are other than residential dwellings, site plans shall be submitted for review and Planning Board action in conformity with this chapter and Chapter
285, Site Plan Review. A general development plan, in accordance with N.J.S.A. 40:55D-39c and 40:55D-45.1, is authorized in the age-restricted planned unit residential development zone.
(b)
At such time as the applicant or developer shall
submit a subdivision plan or site plan for approval, the following
shall also be submitted.
[1]
Covenants and restrictions for the community
or any other plan for or restrictions upon the community property.
[2]
Bylaws of the proposed homeowners' association.
[3]
Proposed agreement of sale.
[5]
Title insurance certificate.
(c)
Said documents shall be forwarded to the Planning
Board and shall be subject to the review of the Planning Board and
of the Township Committee as to their adequacy to ensure that the
ARRD shall be constituted so as to be consistent with the purposes
and requirements of this section. The proposed documents and restrictions
shall indicate a comprehensive and equitable program for the orderly
transition of control over the homeowners' association from the applicant
or the developer to the actual homeowners in the community.
(d)
In addition to the foregoing, it shall be mandatory
for any applicant to provide the Planning Board and the Township Committee
with copies of all submissions to be made to any state agency pursuant
to the Retirement Community Full Disclosure Act at all stages of development.
(e)
A fee of $1,000 or such fee as is determined, from time to time, by ordinance, shall be paid at the time of filing the aforesaid documents to aid the Planning Board in payment of professional fees to its experts in reviewing the aforesaid submissions. The aforesaid fee shall in no way be construed as a subdivision filing fee which is required under Chapter
297, Subdivision of Land or site plan filing fee required under Chapter
285, Site Plan Review. The Planning Board shall review the aforementioned submissions and shall advise the applicant of any deficiencies or divergence from the standards of the ARRD regulations. When and if an applicant has satisfied the requirements of this section, the applicant may make application for final subdivision approval pursuant to Chapter
297, Subdivision of Land or final site plan approval pursuant to Chapter
285, Site Plan Review, of the Code of the Township of Lacey. Any final approval of the Planning Board shall include a condition for submission and approval of the proposed master deed or deeds.
(f)
Development of all the uses and facilities approved
as part of the site plan or subdivision shall proceed at the same
rate as the dwelling units. To assure compliance with this subsection,
the Construction Official shall, from time to time following the approval
of an ARRD, review of all the building permits issued for said ARRD
and examine the construction which has taken place on the site. If
he shall find that type of use, including recreational facilities,
is being developed at less than a reasonably comparable rate with
the dwelling units, he shall report such to the Planning Board and
to the Township Committee. The Township may take such action as is
deemed appropriate, including issuance of stop-work notices or revocation
of building permits until such time as reasonable parity in development
of the divergent uses is reached.
(8)
Bulk requirements. The following bulk requirements
shall apply to the applicable unit types in an ARRD:
(a)
Detached dwellings on individual lots. All detached
dwellings to be constructed on individual lots in an ARRD shall comply
with and conform to the following requirements:
[1]
Minimum lot area:
[a] Corner lot: 6,000 square feet.
[b] Interior lot: 5,000 square feet.
[2]
Minimum lot width and frontage:
[c] In the case of an irregularly shaped
lot, the minimum lot frontage may be reduced to 50% of the minimum
requirement but not less than 40 feet.
[3]
Minimum setbacks:
[c] Combined side yards: 15 feet.
[e] Side yard to detached accessory
structures: six feet.
[f] Rear yard to detached accessory
structures: six feet.
[g] Rear yard to attached accessory
structures such as seasonal or screened enclosures: 10 feet.
[h] Heat, venting, air-conditioning, generators, or
other mechanical equipment which emits noise shall not be permitted
within two feet of any property line.
[Added 11-12-2020 by Ord.
No. 2020-24]
[4]
Maximum net density of 5.0 dwellings per acre.
(b)
For attached dwellings on individual lots. All
attached dwellings to be constructed on individual lots in an ARRD
shall comply with and conform to the following requirements:
[1]
Minimum lot width: 26 feet.
[3]
For attached unit buildings oriented essentially
side to side to each other, the minimum distance between it shall
be 25 feet.
[4]
Maximum building height: 35 feet.
[5]
Maximum net density of 5.5 dwellings per acre.
(c)
For attached dwellings on common property.
[1]
Minimum setback from interior roadway or circulation
driveway: 20 feet. (Increase to 30 feet for dwellings with garages.)
[2]
Minimum setback from interior parking lot: 20
feet.
[3]
Minimum distance between attached unit buildings:
[a] For attached unit buildings oriented
essentially at 90º to each other, the minimum distance between
shall be 35 feet.
[b] For attached unit buildings oriented
essentially side to side to each other, the minimum distance between
same shall be 25 feet.
[c] For attached unit buildings oriented
essentially with parallel axis facing each other, the minimum distance
between same shall be 50 feet.
[4]
Maximum building height: 35 feet.
[5]
Maximum net density: six dwellings per acre.
(d)
Multiple dwellings on common property.
[1]
Minimum setback from interior roadway or circulation
driveway: 20 feet. (Increase to 30 feet for dwellings with garages.)
[2]
Minimum setback from interior parking lot: 20
feet.
[3]
Minimum distance between multiple dwelling buildings:
[a] For multiple dwelling buildings
oriented essentially at 90º to each other, the minimum
distance between same shall be 35 feet.
[b] For multiple dwelling buildings
oriented essentially end-to-end to each other, the minimum distance
between same shall be 25 feet.
[c] For multiple dwelling buildings
oriented essentially with parallel axis facing each other, the minimum
distance between same shall be 50 feet.
[4]
Maximum building height: 45 feet not to exceed
four stories.
[5]
Maximum net density: 10 dwellings per acre for
garden apartments, seven dwellings per acre for quadraplexes and six
dwellings per acre for townhouses.
(e)
Minimum parking requirements.
[1]
For each detached unit (which shall include
one garage space): 2.0 spaces.
[2]
For each attached unit: 1.5 spaces.
[3]
For each unit in a multiple dwelling building:
1.5 spaces.
[4]
A private driveway with capacity for off-street
parking of one automobile shall be deemed to constitute one parking
space.
(f)
Recreation facilities. Any ARRD shall contain
and provide for the benefit, use and enjoyment of its residents the
following recreation facilities:
[1]
A recreation area which shall contain a recreation
building comprised of at least eight square feet of floor area (inclusive
of finished basement area) for each unit intended to be developed
in the ARRD, exclusive of assisted living care facilities, or, if
the developer proposed to develop the ARRD in phases or sections with
separate recreation facilities for each phase, for each unit intended
to be developed in the phase of section to be served by that recreation
building, exclusive of assisted living care facilities.
[2]
Swimming pools with a minimum aggregate area
of either 2,500 square feet or an area equal to 4 square feet for
each unit to be served by said pools, exclusive of assisted living
care facilities, whichever is greater. Each swimming pool shall be
serviced by an adjacent improved sitting area surrounding all sides
of the pool with an aggregate area equal to 1 1/2 times the water
surface area of the pool.
(g)
Optional recreation facilities. An ARRD may
provide, in addition to the recreation facilities prescribed in the
previous subsection, any one or more of the following facilities:
[1]
Executive golf course (ARRD golf course).
[5]
Jogging trail and/or walking paths.
[7]
Fitness/exercise courses and facilities.
[8]
Gardening areas (including greenhouses).
[10] Such other activities which the
Planning Board shall find to be consistent with the lifestyle of residents
of an ARRD and which are subordinate to the residential character
of an ARRD.
E. Commercial uses. As part of a PURD, commercial uses
shall comply with the requirements of the O-C Office Commercial Zone
of the Lacey Township Zoning Ordinance.
(1)
Maximum area of the commercial use: five acres.
F. Assisted living care facilities (ALF): allowed within
the SPD-1 Zone.
(1)
Assisted living care facilities, which are required
to be licensed by the State of New Jersey pursuant to N.J.S.A. 26:2H-1
et seq., shall be permitted to be developed at a ratio of 25 dwelling
units per acre. See Schedule 1 for design standards and area and yard
requirements.
|
SCHEDULE 1
|
|
Schedule of Area and Yard Requirements
for Assisted Living Care Facilities (ALF)
|
|
Minimum/Maximum
|
Assisted Living Care Facilities
|
---|
|
Principal building minimum
|
|
|
Lot area (square feet)
|
4 acres
|
|
Lot frontage
|
200 feet
|
|
Lot width
|
200 feet
|
|
Lot depth
|
300 feet
|
|
Side yard, each
|
50 feet
|
|
Front yard
|
75 feet
|
|
Rear yard
|
75 feet
|
|
Maximum height
|
45 feet, not to exceed 4 stories
|
|
Maximum density
|
25 dwelling units per acre
|
|
Accessory building minimum
|
|
|
Distance to side line
|
50 feet
|
|
Distance to rear line
|
50 feet
|
|
Distance to other buildings
|
50 feet
|
|
Maximum
|
|
|
Building coverage of principal
building
|
30%
|
|
Building coverage of accessory
building
|
5%
|
(2)
Minimum parking requirements:
(a)
For each three beds, plus 2.0 spaces.
(b)
For each two employees: 1.5 spaces.
G. Independent living facilities: allowed within the
SPD-1 Zone.
(1)
Independent living facilities shall be permitted
to be developed at a ratio of 15 dwelling units per acre. See Schedule
2 for design standards and area and yard requirements.
|
Schedule 2
|
|
Schedule of Area and Yard Requirements
for Independent Living Facilities
|
|
Minimum/Maximum
|
Independent Living Facilities
|
---|
|
Principal building minimum
|
|
|
Lot area (square feet)
|
4 acres
|
|
Lot frontage
|
200 feet
|
|
Lot width
|
200 feet
|
|
Lot depth
|
300 feet
|
|
Side yard, each
|
50 feet
|
|
Front yard
|
75 feet
|
|
Rear yard
|
75 feet
|
|
Maximum height
|
45 feet, not to exceed 4 stories
|
|
Maximum density
|
15 dwelling units per acre
|
|
Accessory building minimum
|
|
|
Distance to side line
|
50 feet
|
|
Distance to rear line
|
50 feet
|
|
Distance to other buildings
|
50 feet
|
|
Maximum
|
|
|
Building coverage of principal
building
|
30%
|
|
Building coverage of accessory
building
|
5%
|
(2)
Minimum parking requirements:
(a)
For each unit: 1.5 spaces.
[Added 2-5-1981 by Ord. No. 4A-81]
A. Permitted uses. Within the O-C Office-Commercial Zone,
no premises, lot, land area, building or structure shall be used,
and no building or structure shall be erected or altered, to be used
in whole or in part unless it complies with the schedule of general
regulations, the regulations of this chapter, and is used wholly for
one or more of the following uses:
(1) Offices and office buildings of professional persons,
such as, but not limited to, accountants, architects, dentists, engineers,
lawyers, physicians and realtors.
(2) Municipal buildings and other governmental and/or
public uses, but not including warehouses, workshops or other such
uses or activities.
(3) Retail establishments where goods are sold or personal
services are rendered to the general public and which, by reason of
the size of the establishment, the nature of the goods sold or services
rendered, and the scale, nature and character of the activity and
facility, clearly relates to serving the convenience of the local
community. Examples of permitted uses are as follows: bakeshop, banks,
barber or beauty shop, bookstore, clothing and accessories shop, delicatessen,
gift shop, pharmacy and yard goods shop.
(4) Uses similar in character, including accessory uses,
to the above-described permitted uses.
[Added 12-26-1996 by Ord. No. 96-63; amended 7-24-1997 by Ord. No. 97-30]
(5) Churches
and other places of worship, Sunday school buildings and parish houses
for the presbyter and ministerial staff, provided that such use constitutes
a tax-exempt organization duly recognized as such pursuant to Section
501(d) of the United States Internal Revenue Code of 1954 or any such future corresponding provisions of the United
States Code as may hereinafter be duly enacted.
[Added 7-13-2017 by Ord.
No. 2017-18]
(6) Public
schools and parochial schools.
[Added 7-13-2017 by Ord.
No. 2017-18]
(7) Public
recreational and community center buildings and grounds.
[Added 7-13-2017 by Ord.
No. 2017-18]
(8) Private,
nonprofit recreational and community buildings, clubs and activities
of quasi-public, social, fraternal or recreational character, such
as golf and tennis clubs, camps and veterans' or fraternal organizations
which are not of a commercial character.
[Added 7-13-2017 by Ord.
No. 2017-18]
(9) Nursery
schools and day-care centers.
[Added 7-13-2017 by Ord.
No. 2017-18]
(10) Public recreational and community center buildings and grounds.
[Added 7-13-2017 by Ord.
No. 2017-18]
(11) Public libraries and museums.
[Added 7-13-2017 by Ord.
No. 2017-18]
B. Conditional uses by permit. In addition to the above-described permitted uses for the O-C Office-Commercial Zone, the following shall be classified as conditional uses subject to the approval of the Planning Board upon compliance with the standards and regulations set forth in §
335-78 of this chapter:
[Amended 12-26-1996 by Ord. No. 96-63; 7-24-1997 by Ord. No. 97-30]
(1) Multiple commercial structures.
(2) Restaurants and other such eating establishments wherein the principle use consists of the sale of food and beverages for on-premises consumption, but excluding fast-food operations, as defined in §
335-58C(1).
(3) Liquor stores in accordance with §
335-78C(20) and additional applicable provisions of §
335-78C.
[Added 12-23-2004 by Ord. No. 2004-58]
C. Prohibited uses. Uses of the following nature are
not permitted under any circumstances in the O-C Office-Commercial
Zone:
(1) "Fast-food operations," which, for the purposes of
this section, are defined as follows: a building, structure or other
establishment which has as its principal business the sale of preprepared
or quickly prepared food or drink in disposable containers or wrappers,
for consumption either on or off the premises, whether or not interior
seating facilities are provided, except that a retail grocery delicatessen
or other store selling food items primarily for home preparation or
home consumption shall not be considered a prohibited fast-food operation
under this chapter.
(2) Taverns and other such establishments wherein the
use consists, in whole or in part, of the sale of alcoholic beverages
for on-premises consumption.
D. Special development standards for O-C Office-Commercial
Zone.
(1) Driveways, driveway openings and curb cuts.
(a)
All development and use of land within this
zone shall be designed and operated in such a manner that driveway
openings, curb cuts or other access areas for the passage of vehicular
traffic directly between any off-street parking areas and the public
highway presently and commonly known as Lacey Road are to be eliminated
wherever feasible.
(b)
Driveways, driveway openings, curb cuts or other
means of access for the passage of vehicular traffic from any site
or off-street parking area to an abutting residential street are prohibited.
(2) In the event that more than one principal building or structure
is constructed, developed or otherwise used on any one lot, there
shall be a minimum distance of 10 feet between each such principal
building.
E. Anything contained within the Zoning Ordinance of
the Township of Lacey notwithstanding, with respect to any single-family
residential dwelling in existence on the date of the adoption of this
amendatory subsection and located within the boundaries of the O-C
Office-Commercial Zone, the minimum building setbacks on front, side
and rear, for both principal and accessory structures, shall be those
established for the R-75 Zone for both interior and corner lots as
set forth in Tables 2 and 3 of Chapter
335 of the Lacey Township Code.
[Added 7-23-1998 by Ord. No. 98-25]
F. Types of housing permitted as an accessory use.
[Added 9-12-2013 by Ord. No. 2013-26]
(1) Dwelling units in mixed-use buildings.
(a)
Any building containing both residential and nonresidential
uses shall have a secured entrance for the residential uses.
(b)
No dwelling unit shall be permitted on the same floor level
as a nonresidential use.
(c)
Dwelling units shall be permitted only in buildings in which
the ground floor is devoted to retail sales, professional office or
personal service uses.
(d)
Dwelling units shall be no less than 700 square feet in area.
(e)
A maximum of two apartments shall be permitted unless age-restricted.
[Added 12-22-1983 by Ord. No. 36-83]
A. Permitted uses. No premises, lot, land area, building
or structure shall be used and no building or structure shall be erected
or altered to be used, in whole or in part, unless it complies with
the General Schedule of Area, Yard and Building Requirements and the
regulations of this chapter and is used wholly for one or more of
the following uses:
(1) All uses set forth as permitted under §
335-60A for the C-150 Highway Business Zone, with the exception that no residential use shall be permitted.
(2) Dwelling units in mixed-use buildings and accessory buildings shall
be permitted as an accessory use, subject to the following requirements:
[Added 9-12-2013 by Ord. No. 2013-26]
(a)
Any building containing both residential and nonresidential
uses shall have a secured entrance for the residential uses.
(b)
No dwelling unit shall be permitted on the same floor level
as a nonresidential use.
(c)
Dwelling units shall be permitted only in buildings in which
the ground floor is devoted to retail sales, professional office or
personal service uses.
(d)
Dwelling units shall be no less than 700 square feet in area.
(e)
A maximum of two apartments shall be permitted unless age-restricted.
(3) Churches
and other places of worship, Sunday school buildings and parish houses
for the presbyter and ministerial staff, provided that such use constitutes
a tax-exempt organization duly recognized as such pursuant to Section
501(d) of the United States Internal Revenue Code of 1954 or any such future corresponding provisions of the United
States Code as may hereinafter be duly enacted.
[Added 7-13-2017 by Ord.
No. 2017-18]
(4) Public
schools and parochial schools.
[Added 7-13-2017 by Ord.
No. 2017-18]
(5) Public
recreational and community center buildings and grounds.
[Added 7-13-2017 by Ord.
No. 2017-18]
(6) Private,
nonprofit recreational and community buildings, clubs and activities
of quasi-public, social, fraternal or recreational character, such
as golf and tennis clubs, camps and veterans' or fraternal organizations
which are not of a commercial character.
[Added 7-13-2017 by Ord.
No. 2017-18]
(7) Nursery
schools and day-care centers.
[Added 7-13-2017 by Ord.
No. 2017-18]
(8) Public
recreational and community center buildings and grounds.
[Added 7-13-2017 by Ord.
No. 2017-18]
(9) Public
libraries and museums.
[Added 7-13-2017 by Ord.
No. 2017-18]
B. Conditional uses by permit. In addition to the above-described permitted uses for the C-200 Limited Business Zone, there shall be permitted in this zone commercial uses of the following nature or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board, subject to the standards and regulations set forth in §
335-78 of this chapter.
(1) All uses set forth as conditional uses by permit under §
335-60B for the C-150 Highway Business Zone, which uses shall also be subject to any additional standards and regulations set forth thereunder.
(2) Age-restricted multifamily residential development.
[Added 4-12-2001 by Ord. No. 01-23]
(3) Townhouses and condominiums.
[Added 9-12-2013 by Ord. No. 2013-26]
C. Additional multifamily requirements.
[Added 9-12-2013 by Ord. No. 2013-26]
(1) Location restrictions. Multifamily residential buildings shall be
permitted no closer than 500 feet from the right-of-way of Lacey Road.
(2) Permitted density. The maximum permitted density shall be eight units
per gross acre.
[Amended 11-22-2022 by Ord. No. 2022-40]
(3) Area and size requirements:
(a)
The minimum tract size shall be five acres area.
[Amended 7-14-2022 by Ord. No. 2022-23]
(b)
The maximum building coverage shall be 30% of the gross tract
area.
(c)
The minimum open space shall be 30% of the gross tract area.
Natural features shall be preserved to the maximum extent. Open space
may include recreational amenities.
(4) Bulk requirements (principal structures):
(a)
The minimum setbacks for buildings from an exterior roadway
shall be 50 feet, except that the minimum setback from Route 9 shall
be 100 feet. Buildings shall not front on an exterior roadway without
the provision of either an intervening parking area or a vegetated
screening buffer a minimum of 50 feet in width.
(b)
The minimum setbacks for buildings facing interior roadways
or circulation driveways shall be 20 feet, which shall be increased
to 35 feet for dwellings with garages.
[Amended 11-22-2022 by Ord. No. 2022-40]
(c)
The minimum setbacks for buildings from interior parking lots
shall be 20 feet.
(d)
The minimum distances between buildings shall be as follows:
[1]
For attached unit buildings oriented essentially at 90°
to each other, the minimum distance between same shall be 35 feet.
[2]
For attached unit buildings oriented essentially side-to-side
to each other, the minimum distance between shall be 25 feet.
[3]
For attached unit buildings oriented essentially with parallel
axis facing each other, the minimum distance between same shall be
50 feet.
(e)
The maximum height of buildings shall be 45 feet, but a maximum
of three stories.
(f)
The medium distance from any lot line that is adjacent to a
residential zone shall be 50 feet.
(g)
The minimum rear or side yard setback from any exterior lot
line shall be 50 feet.
(5) Bulk requirements (accessory structures):
(a)
The minimum rear or side yard setback from any exterior lot
line shall be 50 feet.
(b)
The minimum rear or side yard setback shall be 20 feet.
(c)
The maximum height of accessory buildings shall be 16 feet.
(6) Minimum parking requirements:
(a)
The minimum number of required parking spaces shall be 2.0 spaces
per unit.
(b)
Additional spaces shall be provided for sales, rental and administrative
offices at the rate of one space per 200 square feet of gross floor
area.
(c)
A private driveway to a unit with capacity for off-street parking
of one automobile shall be deemed to constitute one parking space.
(7) Buffer requirements. Buffer requirements shall be provided in accordance with the requirements for planned residential developments, as contained in §
335-48B(2); except that the minimum required buffer of 50 feet may include required yard areas, stormwater management areas, underground utilities and other site plan elements such as parking areas.
(8) Additional requirements:
(a)
Garages that are used to meet the required parking demand under
the residential site improvement standards are prohibited from being
converted to living space.
(b)
All first-floor units shall be constructed to be barrier-free
adaptable.
(c)
Ownership, preservation and maintenance of open space. The developer
shall make provisions which ensure that common areas and open space
shall continue as such and be properly maintained in perpetuity. The
developer shall utilize such methods as approved by the Planning Board
and Township Committee in ensuring the preservation and maintenance
of common areas and open space.
[Added 12-26-1996 by Ord. No. 96-63; amended 12-22-2016 by Ord. No. 2016-17]
A. Permitted uses. Within the M-1 Business Park Zone, no premises, lot,
land area, building or structure shall be erected or altered to be
used, in whole or in part, unless it complies with the schedule of
general regulations of this chapter and is used for one or more of
the following uses:
(1)
All uses permitted within the M-2 Limited Industrial Zone.
(2)
Light industrial commercial uses where goods are manufactured,
fabricated, warehoused, finished or services rendered to the general
public and which, by reason of the size of the establishment, nature
of the goods sold or services rendered, and the scale, nature and
character of the activity and facility, are similar to the following
examples:
(a)
Contractors' yards and offices;
(b)
Fabrication of sheet metal products;
(c)
Light machine shops, welding shops, woodworking and cabinetmaking
shops;
(d)
Clothing and wearing apparel manufacture;
(e)
Manufacture and assembly of electrical, electronic and small
mechanical devices;
(f)
Assembly of doors, windows, sash or trim for building construction;
(g)
Manufacture of toys, novelties and similar goods;
(h)
Finishing and fabrication of paper products not involving wood
pulp processing;
(i)
Warehousing and freight forwarding;
(j)
Exercise facilities, including, but not limited to, fitness
and gymnastic centers;
(k)
Automobile repair shops and automobile parts sales; and
(l)
Recycling facilities as defined.
(3)
Firearms sales shops, such as guns, shotguns, rifles, pistols,
revolvers or other similar devices, and the ammunition associated
with the same, pursuant to state law.
(4)
Medical cannabis dispensaries.
[Added 7-8-2020 by Ord. No. 2020-15; amended 5-13-2021 by Ord. No. 2021-12]
B. Conditional uses.
(1)
Sexually oriented businesses such as, but not limited to, adult cabaret, adult media store, adult motion-picture theatre, video arcade and/or sex shop, etc. The following general conditions are applicable to sexually oriented businesses as defined in §
335-3, where they are not prohibited. This use may only be permitted upon receipt of a condition use permit from the Planning Board and any other applicable requirements of this chapter or the Planning Board.
(a)
No establishment shall be located closer than 1,000 feet to
any school, hospital, church, library, park, playground, public building
or recreational facility.
(b)
No establishment shall be located closer than 3,000 feet to
any other sexually oriented business, tattoo, body piercing or branding
establishment.
(c)
No establishment shall be located closer than 2,000 feet to
an area zoned residential, neighborhood commercial, or mixed-use development.
(d)
When any existing building is converted from any use to said
establishments, a full and complete site plan shall be submitted and
reviewed in accordance with the provisions of this chapter.
(e)
An establishment shall only be located in a freestanding commercial
building.
(f)
In addition to district-specific sign regulations, the use of
neon signs on sexually oriented business establishments, in window
displays, or use in any other manner is prohibited.
[Amended 12-26-1996 by Ord. No. 96-63]
A. Permitted uses. Within the M-6 Industrial Zone, no
premises, lot, land area, building or structure or part thereof shall
be used and no building or structure shall be erected or altered to
be used, in whole or in part, unless it complies with the schedule
of general regulations and the regulations of this chapter and is
used wholly for one or more of the following uses:
(1) All uses permitted in the M-2 Medium Industrial Zone,
except that no airport uses as set forth herein before as a conditional
use by permit for the M-2 Zone shall be permitted in the M-6 Industrial
Zone.
[Amended 7-24-1997 by Ord. No. 97-30]
(2) Manufacture or assembly of elevators or elevator equipment.
(3) Enameling or electroplating.
B. Conditional uses by permit. In addition to the above-described permitted uses for the M-6 Industrial Zone, there may be permitted in this zone, except for airport uses such as set forth as a conditionally permitted use for the M-2 Limited Industrial Zone, such uses of a general industrial nature or necessary accessories to one of the above-described permitted uses upon obtaining a conditional use permit from the Planning Board subject to the standards and regulations set forth in §
335-78 of this chapter. The following use, specified as one for which such a conditional use permit is required, shall not be construed as an exclusive listing of those uses for which a conditional use permit is required:
[Amended 7-24-1997 by Ord. No. 97-30]
(1) Manufacture of chemicals and chemical products when
such manufactured products are manufactured under control so as to
assure against poisonous or unstable or hazardous chemicals or components
being kept or used in such manner as may tend to create a public nuisance
or danger or tend to start a conflagration.
[Added 12-22-2009 by Ord. No. 2009-23]
A. Permitted uses. Within the M-100 Industrial Zone, no premises, lot,
land area, building or structure or part thereof shall be used and
no building or structure shall be erected or altered to be used, in
whole or in part, unless it complies with the schedule of general
regulations and the regulations of this chapter and is used wholly
for one or more of the following uses:
(1)
All uses permitted in the M-2 Medium Industrial Zone and M-6
Industrial Zone, except that no airport uses as set forth hereinbefore
as a conditional use by permit for the M-2 Zone shall be permitted
in the M-100 Industrial Zone.
(2)
Electric generating, transmission and distribution facilities,
including but not limited to nuclear power facilities and accessory
uses and structures which are needed for the proper and efficient
operation of the nuclear power facility or which may be required by
the United States Nuclear Regulatory Commission (NRC), shall be permitted
within the M-100 Industrial Zoning District provided that:
(a)
The minimum lot size shall be 5 acres with a front yard setback
of 150 feet, side yard setback 50 feet (each side) and a rear yard
setback of 50 feet for both principal and accessory uses.
[Amended 10-14-2021 by Ord. No. 2021-23]
(b)
The subject site shall have access to State Highway 9 either
directly or via easement.
(c)
Impervious coverage (building and impervious surfaces) shall
not exceed 80%.
(d)
Any fencing and security measures as required by the Nuclear Regulatory Commission shall be exempt from §
335-22.
B. Additional permitted accessory uses in the M-100 Industrial Zone. In addition to the permitted uses, including uses permitted upon obtaining a conditional use permit for the M-2 and M-6 Industrial Zones, all uses set forth in §
335-66 shall be permitted in the M-100 Industrial Zones.
C. Prohibited uses in the M-100 Industrial Zone are:
(2)
Rendering of fats and oils.
(3)
Commercial disposal of domestic refuse or the dumping of garbage,
trash or incinerated materials.
(4)
The dumping of waste materials from cesspools or other sewerage
disposal installations.
(5)
Manufacture or storage of high explosives.
(6)
Refining or storage of gasoline and fuel oils, except for local
retail consumption.
(7)
Manufacture or processing of fertilizer.
(8)
Manufacture or refining of asphalt.
(9)
Manufacture or processing of cork.
(11)
Manufacture of linoleum or oilcloth.
(12)
Manufacture of glue or gelatin.
(13)
Tanning and curing of hides or skin.
(14)
Manufacture of paint or varnish.
(16)
The processing, sale, storage or reclamation of junk of all
kinds, including automobile wrecking and storage.
(17)
Excavation of sand or gravel or other natural mineral deposits.
(19)
Manufacture of storage of fireworks.
(20)
Manufacture of any products containing extremely poisonous or
unstable or hazardous chemicals or components, such as may tend to
create a public nuisance or danger or tend to start a conflagration.
(22)
Manufacture of lime or cement.
(23)
Manufacture or processing of gypsum or plaster, except that
cement, lime, gypsum or plaster may be used in their finished form
as a material in the manufacture of other items.
[Amended 9-13-1984 by Ord. No. 45-84; 2-14-1991 by Ord. No. 5-91]
In addition to the permitted uses, including
uses permitted upon obtaining a conditional use permit for the respective
M-1, M-2 and M-6 Industrial Zones, the following uses shall be permitted
within these respective zones:
A. Offices and administrative buildings situated on the
site of any industrial use for the M-1, M-2 and M-6 Zones. The buildings,
however, shall be used as offices or administrative buildings in connection
with the operation or the administration of the permitted use.
B. A showroom or retail sales department for the exhibition
or sale of products manufactured by the industry on the premises.
C. Restaurants and kitchen facilities for the use of
plant or office personnel and those visiting the premises on business;
however, no outside advertising or signs shall be permitted nor shall
trade in any restaurant be solicited from the general public.
D. Garages and maintenance shops for vehicles used in
connection with the operation of the industrial plant.
E. Necessary loading platforms, railroad sidings or other
depots used in connection with the operation of the industrial plant.
F. Radio towers or other electronic transmission or reception
devices necessary in connection with the operation of the industry,
subject to the height limitations on structures in the industrial
zone, subject to any and all state and federal statutes and regulations,
applicable to said devices and subject to the performance standards
for all industrial zone uses set forth hereinafter.
[Amended 9-13-1984 by Ord. No. 45-84; 2-14-1991 by Ord. No. 5-91]
A. All uses in the M-1, M-2 and M-6 Industrial Zones
are prohibited other than those uses specified as permitted uses as
may be granted by a conditional use permit pursuant to the conditions
and requirements set forth in this chapter concerning permitted uses
and conditional uses in the respective industrial zones.
B. Prohibited uses: M-1, M-2 and M-6 Zones. Under no
circumstances shall the following uses be permitted in the M-1, M-2
and M-6 Zones:
(2) Rendering of fats and oils.
(3) Commercial disposal of domestic refuse or the dumping
of garbage, trash or incinerated materials.
(4) The dumping of waste materials from cesspools or other
sewerage disposal installations.
(5) Manufacture or storage of high explosives.
(6) Refining or storage of gasoline and fuel oils, except
for local retail consumption.
(7) Manufacture or processing of fertilizer.
(8) Manufacture or refining of asphalt.
(9) Manufacture or processing of cork.
(11)
Manufacture of linoleum or oilcloth.
(12)
Manufacture of glue or gelatin.
(13)
Tanning and curing of hides or skin.
(14)
Manufacture of paint or varnish.
(16)
The processing, sale, storage or reclamation
of junk of all kinds, including automobile wrecking and storage.
(17)
Excavation of sand or gravel or other natural
mineral deposits.
(18)
Any manufacturing process requiring the use
of machinery or power plants operated by or with atomic energy or
fissionable materials.
(19)
The dumping of atomic waste materials.
(20)
Any industry requiring the use of radioactive
materials.
(22)
Manufacture or storage of fireworks.
(23)
Manufacture of any product containing extremely
poisonous or unstable or hazardous chemicals or components, such as
may tend to create a public nuisance or danger or tend to start a
conflagration.
(25)
Manufacture of lime or cement.
(26)
Manufacture or processing of gypsum or plaster,
except that cement, lime, gypsum or plaster may be used in their finished
form as a material in the manufacture of other items.
(28)
Public utility activity constituting the manufacture
of electricity.
C. Fences prohibited within M-2 Zone. Within the M-2 Zone, the use of fences exterior to any principal or accessory building, except for screening along the boundary line of any lot or portion thereof in the M-2 Zone which abuts any residential or commercial zone and except as provided in §
335-48 of this chapter regarding screening of refuse areas, is prohibited. All said boundary-line screening shall be in accordance with and subject to the regulations set forth in §
335-48 of this chapter concerning buffer zones and screening strips. The prohibition set forth herein shall apply to fences of all types, including but not limited to masonry, wood, chain, metal and shrubbery. However, the prohibition shall not be construed as prohibiting the use of shrubbery for landscaping in accordance with the regulations set forth in §
335-48 of this chapter concerning buffer zones and screening strips.
[Added 5-13-2021 by Ord. No. 2021-11]
The following uses shall be prohibited in all zoning districts
in the Township of Lacey:
A. All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in Section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies
by a delivery service.
[Amended 2-14-1991 by Ord. No. 5-91]
A. Performance standards for industrial zones. Except
as otherwise specifically restricted hereunder to one or more particular
industrial zones, the following performance standards shall apply
to all uses within the M-2 and M-6 Zones:
(1) As a condition of approval and as a condition for
continuance of any building, process, installation, production or
other use, the applicant shall supply evidence to the Planning Board
that the proposed building, process, installation, production or other
use will conform fully to all of the applicable performance standards.
As evidence of compliance, the Board may require proof consisting
of any or all of the following:
(a)
Certification of tests by appropriate government
agencies or by recognized testing laboratories, any costs thereof
to be borne by the applicant.
(b)
Site plans and architectural drawings showing
the type and location of all buildings, structures and parking and
loading facilities on the lot.
(c)
Engineering drawings and specifications which
will adequately describe the operations to be carried on and the means
and devices to be used to preserve health and safety.
(d)
Descriptions of the products to be manufactured
or processed and the control of effluent incidental thereto.
(e)
Sworn statements by the owner, developer, designer
or other agent to the effect that no danger, hazard or nuisance will
be created beyond the boundaries of the lot.
(2) The Board may require that specific types of equipment,
machinery or devices be installed or that specific operation procedures
or methods be followed by the applicant. The government agencies or
testing laboratories examining the proposed operation shall determine
that the use of such specific types of machinery, equipment, devices,
procedures or methods is required in order to assure compliance with
the applicable performance standards, which are set forth as follows:
(a)
Smoke control.
[1]
No smoke shall be emitted from any chimney or
other source of a visible gray greater than No. 1 on the Ringelmann
Smoke Chart as published by the United States Bureau of Mines.
[2]
Smoke of a shade not darker than No. 2 on the
Ringelmann Chart may be emitted for not more than four minutes in
any thirty-minute period.
[3]
These provisions applicable to visible gray
smoke shall also apply to visible smoke of a different color but with
an equivalent apparent capacity.
(b)
Control of dust and dirt, fly ash, fumes, vapors
and gases.
[1]
No emission shall be made which can cause any
damage to human health, to animals or vegetation or other forms of
property or which can cause any excessive soiling of persons or property
at any point beyond the lot line of the use creating the emission.
[2]
No emission of liquid or solid particles from
any chimney or otherwise shall exceed 0.8 gram per cubic foot of the
covering gas at any point.
[3]
For measurement of the amount of particles in
gases resulting from combustion, standard correction shall be applied
to a stack temperature of 500ºF. and 50% excess air in the stack
at full load.
(c)
Control of noise. At no point on the boundary
of a residence or business district shall the sound pressure level
of any operation exceed the described levels in the designated octave
bands shown below for the districts indicated, except for emergency
alarm signals and subject to the following corrections: subtract five
decibels for pulsating or periodic noises, and add five decibels for
noise sources operating for less than 20% of any one-hour period.
|
Octave Band
(cycles per
second)
|
Maximum Permitted Sound Level Along Agricultural,
Residential District Boundaries
(decibels)
|
Maximum Permitted Sound Level at any Other
Point Along the Lot Boundary
(decibels)
|
---|
|
0 to 75
|
72
|
79
|
|
75 to 150
|
67
|
74
|
|
150 to 300
|
59
|
66
|
|
300 to 600
|
52
|
59
|
|
600 to 1,200
|
46
|
53
|
|
1,200 to 2,400
|
40
|
47
|
|
2,400 to 4,800
|
34
|
41
|
|
Above 4,800
|
32
|
39
|
|
Decibels 10 laa p1/p2 where p2 is the
reference quality of 0.0002 dyne/cm2. Sound
pressure level shall be measured according to the specifications published
by the American Standards Association.
|
(d)
Control of odors. There shall be no emission of odorous matter in such quantities as to be offensive at lot boundary lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained. As a guide in determining such quantities of offensive odors, Table II (Odor Thresholds) in Chapter
5 of the Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C., will be used, and where more than one authority is cited, the numerical average value for all authorities listed may be used.
(e)
Control of glare or heat. Any operation producing
intense glare or heat shall be performed within an enclosed building
or behind a solid fence in such manner as to be completely imperceptible
from any point beyond the lot lines.
(f)
Control of vibration. No vibration which is
discernible to human sense of feeling shall be perceptible without
instruments at any point beyond the lot line.
(g)
Control of radioactivity, microwave radiation
or electrical disturbance. There shall be no activities which emit
dangerous or harmful radioactivity or microwave radiation. There shall
be no electrical disturbance, except from domestic household appliances,
adversely affecting the operation of any equipment located beyond
the property of the creator of such disturbance.
(h)
Electrical, diesel, gas or other power. Every
use requiring power shall be so operated that any service lines, substations,
etc., shall conform to the highest applicable safety requirements,
and such service lines, substations and similar facilities shall be
constructed, installed, etc., so that they will be an integral part
of the architectural features of the plant, or if visible from abutting
residential properties, shall be concealed by evergreen planting or
screening consisting of architectural materials common to the building(s).
(i)
Outdoor storage and waste disposal.
[1]
No flammable or explosive liquids, solids or
gases shall be stored in bulk above ground; provided, however, that
tanks or drums of fuel directly connected with energy devices, heating
devices or appliances located on the same lot as the tanks or drums
of fuel are excluded from this provision.
[2]
Within the M-6 Zone, all storage of fuel, raw
materials, inventory and products shall be either within the confines
of roofed buildings of a permanent type erected upon the lands or
within a fenced area, and the fence shall be approved by the Planning
Board as shown on the site plan for the industrial site setting forth
the location, height and type of fence to be constructed. The fence
must meet with the approval of the Planning Board and shall be located
and be of such type as to promote safety, general welfare and provide
adequate enclosure from access to the general public and be such as
to ensure against creation of an unsightly condition. The fence must
at all times be maintained so as to be kept in a sound, upright, fully
repaired and painted condition or, if not painted, shall be made of
such material as does not corrode, rust or change appearance if left
unpainted.
[3]
Within the M-2 Zone, all storage of fuel, raw
materials, inventory and products shall be wholly within the confines
of roofed buildings of a permanent type erected upon the lands.
[4]
No substance which can contaminate a surface
or subsurface stream or watercourse or otherwise render such stream
or watercourse undesirable as a source of water supply or which will
destroy aquatic life shall be allowed to enter any stream or watercourse.
[5]
All materials or wastes which might cause fumes
or dust or which constitute a fire hazard or which may be edible by
or otherwise be attractive to rodents or insects shall be stored outdoors
only in closed containers.
(j)
Industrial waste or sewage. No use shall be
conducted in such way as to discharge any treated or untreated sewage
or industrial waste except as shall be approved by the Health Officer
and the Sewerage Authority. There shall be no discharge of any toxic
substance, gasoline, benzine, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas; any liquid having a temperature
higher than 150º F.; any matter containing any ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, paunch manure; any solid or viscous substance capable of causing
obstructions or other interference with the proper operation of a
sewage treatment plant; any liquid having a pH lower than 5.0 or higher
than 9.0 or having any other corrosive property capable of causing
damage or hazard to structures, equipment or personnel or the ecology
of the area; or any material which would be harmful to the treatment
of sewage.
[1]
Acidity and alkalinity of wastes shall be neutralized
to a pH of 7.0 as a daily average on a volumetric basis, with a temporary
variation in pH of 5.0 to 9.0.
[2]
Wastes shall contain no cyanides and no halogens
and shall contain not more than 10 parts per million of the following
gases: hydrogen sulfide, sulfur dioxide and nitrogen dioxide.
[3]
Wastes shall not contain any insoluble substances
in excess of 10,000 parts per million, which exceed a daily average
of 500 parts per million or which fail to pass a No. 8 sieve or which
have a dimension greater than 0.5 inch.
[4]
Wastes shall not have a chlorine demand in excess
of 15 parts per million nor contain phenols in excess of 0.0005 part
per million or grease, fats or oils or any oily substance in excess
of 100 parts per million or exceeding a daily average of 25 parts
per million.
(k)
Provision and use of water. All water requirements
shall be stated in the application. Water shall be supplied from wells
only after approved or accepted geologic study furnished by the applicant
and certification by a professional geologist that the underground
water supply and levels will not be appreciably altered in such a
way as to endanger the water level and supply for other properties.
(3) Compliance with state requirements. Any permitted
industrial use within the M-2 or M-6 Zone shall:
(a)
Dispose of its liquid waste and effluent into
an approved existing sewerage treatment plant in accordance with that
plant's regulations or shall treat its own liquid and effluent in
a treatment plant or process which is in compliance with the state
statutes and with the requirements of the State Department of Health.
This requirement shall be construed as an additional requirement and
not in substitution for the performance standard requirements heretofore
set forth regarding discharge of industrial waste or sewage and discharge
of substances which can contaminate surface or subsurface streams
or watercourses.
(b)
Comply with the state statutes and requirements
of the State Department of Labor and Industry with regard to the health
of the workers, proper precautions against fire hazards, proper handling
and storage of materials and structural design. This requirement shall
be construed as an additional requirement and not in substitution
for any performance standard requirement heretofore set forth.
[Added 4-10-2014 by Ord. No. 2014-06]
The following standards shall apply to the AH-10R Zone:
A. Permitted uses: multifamily residential dwellings at a density not
to exceed 10 dwelling units per gross acre with a maximum of eight
dwelling units per building.
B. Required accessory uses: off-street parking per the requirements
of the New Jersey Residential Site Improvement Standards (RSIS; N.J.A.C.
5:21 et al.), or as otherwise approved by the Planning Board.
C. Permitted accessory uses:
(4)
Other customary accessory uses and buildings that are clearly
identical and subordinate to the principal use and buildings.
D. Area, yard and building requirements:
(1)
Minimum lot area: five acres.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front yard setback: 30 feet.
(5)
Minimum rear yard setback: 25 feet.
(6)
Minimum side yard setback: 25 feet.
(7)
Maximum building height: 35 feet and two stories;
(8)
Maximum building coverage: 15%.
(9)
Maximum impervious coverage: 40%.
(10)
Minimum unoccupied open space: 25%.
(11)
Minimum parking lot setback from public street: 35 feet.
(12)
Minimum parking lot setback to property line: 20 feet.
E. Other requirements. The following additional requirements shall apply:
(1)
All units constructed in the redevelopment area shall be affordable
family rental units, as defined pursuant to N.J.A.C. 5:97, with the
exception of an on-site caretaker or superintendent unit.
(2)
The project shall be developed and operated in accordance with
the 2008 Housing Element and Fair Share Plan of the municipal Master
Plan and the requirements of N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1
et seq.
(3)
The layout of the project shall substantially conform to the
conceptual layout that is provided in Appendix D.
(4)
The individual residential buildings shall be substantially
consistent in design, appearance, and building materials with the
typical architectural elevations as detailed in Appendix E of the
redevelopment plan dated November 25, 2013, adopted by the Township
via Ordinance No. 2013-34.
[Added 12-22-2016 by Ord.
No. 2016-17]
A. The purpose of the Multifamily Inclusionary Zone is to implement
the Township Housing Plan Element and Fair Share Plan by providing
for the opportunity to develop an inclusionary residential development
that incorporates an appropriate affordable housing set aside to address
the third-round obligation of the Township for the period 2015 through
2025. The MFIZ-I District provides for the development of affordable
housing for low- and moderate-income housing in a suitable location.
(1)
Applicability. The Multifamily Inclusionary Zone District shall
be applied to all properties east of the Garden State Parkway fronting
on Lacey Road and some properties along U.S. Route 9, as shown in
the map attached hereto as Schedule A. The parcels included in the MFIZ-1 are listed in the schedule
attached hereto as Schedule B. The Official Zoning Map of the Township of Lacey is hereby
amended in accordance with the foregoing and is incorporated by reference.
The Multifamily Inclusionary Zone District shall be permitted to be
developed with an inclusionary residential development with a mandatory
affordable set-aside of 20% for units sold to qualified low/moderate-income
purchasers and 15% for rental units leased to qualified low/moderate-income
renters. All development of affordable units shall follow the very-low/low/moderate-income
split provided for in the Uniform Housing Affordability Controls (N.J.A.C.
5:50-26.1 et seq.) except that in lieu of the requirement for 10%
of affordable units to be at 35% of median income in N.J.A.C. 5:50-26.3(d),
13% of affordable units in such projects shall be required to be at
30% of median income. For the purpose of permitting an inclusionary
development, the provisions and requirements of the Multifamily Inclusionary
Zone District shall supersede the provisions and restrictions of the
underlying Office-Commercial (O-C); Marine Commercial (C-100); Highway
Business (C-150); Limited Business (C-200); Business Park (M-1); Limited
Industrial (M-2); and Industrial (M-6) Zone Districts. In the event
of a conflict between the provisions of this section and other sections
of the Township development regulations with respect to the development
of affordable housing, the provisions of the MFIZ-I District shall
govern.
[Amended 12-28-2017 by Ord. No. 2017-32]
(2)
Principal permitted use in the Multifamily Inclusionary Zone
District shall be inclusionary multifamily affordable housing developments
which may include:
(e)
Single-family semi-detached dwellings.
(3)
Accessory uses. The following shall be permitted:
(b)
Off-street parking facilities including driveways;
(c)
Fences in accordance with the applicable Township standards;
(d)
Signs in accordance with the standards in Chapter IX of the
Township Code;
(e)
Sidewalks in accordance with the standards in Chapter XII of
the Township Code; and
(f)
Other uses which are customarily incidental and accessory to
the principal use.
(4)
Maximum density of multifamily affordable housing development
shall be eight dwelling units per gross acre.
[Amended 11-22-2022 by Ord. No. 2022-40]
(5)
Bulk, area, and building requirements. The following requirements
shall apply for all permitted uses:
[Amended 6-8-2017 by Ord.
No. 2017-16]
|
Bulk Standards
|
Permitted
|
---|
|
Minimum lot area
|
45,000 square feet
|
|
Minimum lot width
|
150 feet
|
|
Minimum front yard setback
|
12 feet
|
|
Minimum one side yard setback
|
5 feet
|
|
Minimum both side yard setback
|
10 feet
|
|
Minimum rear yard setback
|
20 feet
|
|
Maximum impervious coverage
|
65%
|
|
Maximum building coverage
|
33%
|
|
Maximum building height
|
3 stories/35 feet
|
(6)
Site improvement standards.
(a)
The proposed development(s) shall be served by public water
and sewer. The phasing of utility improvements, if necessary, shall
be subject to the review and approval of the Planning Board.
(b)
The proposed development(s) shall be planned and designed to
meet the New Jersey Residential Site Improvement Standards (N.J.A.C.
5.21 et seq.).
[1] All roadways, parking areas, and landscaped islands
shall be private and maintained by a homeowners' association, except
that access roads across lands dedicated to and accepted by the Township
for public use may be public roads.
[2] Parking standards shall be conforming with the
New Jersey Residential Site Improvement Standards for townhouse dwellings
(N.J.A.C. 5:21 et seq.).
[3] As part of final approval, the development shall
provide a municipal services agreement with the Township for the contribution
by the Township for maintenance, snow plowing, refuse removal and
lighting in accordance with the municipal policies in effect at the
time of approval.
[4] Each townhouse dwelling shall be constructed with
and shall maintain a one-car driveway with a width of at least 12
feet and a length of at least 18 feet between the face of the structure
and the right-of-way.
(c)
The development(s) shall provide for stormwater management in
accordance with all applicable regulations. Stormwater management
basins shall be owned and maintained by a homeowners' association
to be established by the developer. Stormwater management facilities
provided as part of a one-hundred-percent affordable development shall
be maintained by a property management entity. The phasing of stormwater
management improvements, if necessary, shall be subject to the review
and approval of the Planning Board and shall be completed in a manner
that services the development areas as construction progresses.
(d)
Affordable housing requirements. Residential development projects
developed under the provisions of the MFIZ-I shall provide for the
development of affordable housing as outlined herein. Such affordable
housing shall be provided through an affordable housing set aside
of low- and moderate-income rental units interspersed throughout the
development.
[Added 4-27-2017 by Ord.
No. 2017-12]
A. Purpose
and scope. This section shall apply to all residential development
that consists of five or more dwelling units located within the Township
of Lacey to create realistic opportunities for the construction of
affordable housing within the Township. The provisions of this section
shall not apply to residential expansions, additions, renovations,
replacement, or any other type of residential development that does
not result in a net increase in the number of dwelling units. Furthermore,
these provisions shall not apply to developments containing four or
less dwelling units. All subdivision and site plan approvals of qualifying
residential developments shall be conditioned upon compliance with
the provisions of this section. Where a developer demolishes existing
dwelling units and builds new dwelling units on the same site, the
provisions of this section shall apply only if the net number of dwelling
units if five or more.
B. Developments
of five or more dwelling units.
(1) Any development containing five or more dwelling units is required
to include at least 20%, or one in five, of the total number of units
within the development as affordable units in accordance with the
following:
(a) At least half of the affordable units within each bedroom distribution
shall be low income units and the remainder may be moderate income
units. If there is only one affordable unit in the development, it
must be a low income unit.
(b) Non-age-restricted affordable developments shall be structured in
conjunction with realistic market demands such that:
[1] The combined number of efficiency and one-bedroom units is at least
10% and no greater than 20% of the total low and moderate income units;
[2] At least 30% of all low and moderate income units are two-bedroom
units; and
[3] At least 20% of all low and moderate income units are three-bedroom
units.
[4] The remainder may be allocated at the discretion of the developer.
(2) Where a development contains three affordable units, two units shall
be two-bedroom units and one shall be a three-bedroom unit.
(3) Where a development contains four affordable units, two units shall
be two-bedroom units and two units shall be three-bedroom units.
(4) Where a development contains five affordable units, one unit shall
be a one-bedroom unit, three units shall be two-bedroom units, and
one unit shall be a three-bedroom unit.
C. Fractional units. If 20% of the total number of units in a development results in a fraction or decimal, the developer shall be required to provide an additional affordable unit on site. Alternatively, the developer may provide a payment in lieu of constructing the additional affordable unit to the Township Affordable Housing Trust Fund in accordance with the provisions of §
211-12 of the Township Zoning Ordinance to fulfill the fractional obligation.
Example: An eight-unit development requiring
an affordable housing set-aside of 1.6 units is proposed. The developer
is required to either provide two on-site affordable units or provide
one on-site affordable unit and provide a payment in lieu of constructing
the second unit to the Township Affordable Housing Trust Fund.
D. Design
and construction of affordable units.
(1) Affordable units provided on site shall be interspersed throughout
the development and shall be designed and constructed to resemble
the market rate units constructed within the development to the maximum
extent possible.
(2) The construction of affordable units on site shall comply with all
applicable rules and guidelines with respect to integration, low/moderate
income split, affordability controls, bedroom distribution, heating
source, affirmative marketing, and administration.
(3) Low and moderate income units will be built in accordance with N.J.A.C.
5:93-5.6 (d):
Minimum Percentage of Low/Moderate Income Units Completed
|
Percentage of Market Housing Units Completed
|
0
|
25
|
10
|
25 + 1 unit
|
50
|
50
|
75
|
75
|
100
|
90 / 100
|
(4) The first floor of all townhouse dwelling units and other multi-story
dwelling units shall comply with the New Jersey Barrier Free Subcode
at (N.J.A.C. 5:23-7).
E. Payment-in-lieu
contributions to Affordable Housing Trust Fund. Where a payment-in-lieu
of constructing an affordable unit is permitted by this section, such
payment shall be calculated based upon the most recent estimated construction
costs of new residential units inclusive of the sum of development
hard costs, related soft costs, and developer's fees pursuant to the
cost containment provisions of N.J.A.C. 5:43-2.4(a)1 through 6, plus
land costs equal to 25% of the first quartile of new construction
costs as reported to the Homeowner Warranty Program. These costs are
totaled by region to reflect average construction costs. For the year
2009, COAH established a required subsidy of $152,227 for municipalities
within Region 4. Accordingly, the cash-in-lieu contribution shall
be equal to the fractional obligation of the required subsidy.
Example: An eight-unit development requiring
an affordable housing set-aside of 1.6 units is proposed. The developer
is required to provide one on-site affordable unit and may make a
payment in lieu of constructing the second affordable unit. This payment
in lieu is equal to the fractional obligation (0.6 units) times the
required regional subsidy ($152,227), or $91,336.20.
F. Marketing
and administration.
(1) The developer of an inclusionary development shall offer the affordable
units for purchase or rent to eligible households consistent with
the Township's affirmative marketing plan. The sales and rental prices
of affordable units shall be determined in accordance with all applicable
state regulations pertaining to the sale and rental of affordable
units. In the event of a conflict between municipal and state sales
and rental prices, the applicable state regulations shall control.
(2) Where a for sale unit is purchased by an eligible household, the
purchaser of an affordable unit shall occupy the purchased unit as
his or her primary residence.
(3) The resale of all for sale affordable units developed under this
section shall be subject to the following:
(a) All purchasers of affordable units shall be income eligible households
in accordance with the provisions of N.J.A.C. 5:93-9. A seller of
an affordable unit must select an eligible household purchaser by
a method that complies with the Township's affirmative marketing plan
and administrative selection process and any applicable rules or guidelines.
(b) The resale price of any affordable unit shall be determined in accordance
with N.J.A.C. 5:80-26.6 and any other applicable rules
(4) Rent increases for affordable units shall be determined in accordance
with N.J.A.C. 5:80-26.12 and any other applicable rules or guidelines.
G. A developer who complies with its obligations under this section by providing the required number of affordable units on site or pays any required payment-in-lieu contribution as required by this section shall be exempt from the payment of the developer's fee required by §
211-12 of the Township Zoning Ordinance.
[Added 12-28-2017 by Ord.
No. 2017-32]
A. The purpose of the Multifamily Inclusionary Zone-II is to implement
the Township Housing Plan Element and Fair Share Plan by providing
for the opportunity to develop an inclusionary residential development,
as well as to address the Township of Lacey's economic objectives
to promote a center-based development along Route 9 in order to promote
a more mixed-use neighborhood commercial development along this corridor.
(1)
Applicability.
(a)
The Multifamily Inclusionary Zone District-II shall be applied
to certain properties along U.S. Route 9, as shown on the map attached
hereto as Schedule A and identified on the schedule attached hereto
as Schedule C. The Official Zoning Map of the Township of Lacey is hereby amended in accordance with the foregoing and is incorporated by reference. The Multifamily Inclusionary Zone District-II shall be permitted to be developed with an inclusionary residential development with a mandatory affordable set-aside of 20% for units sold to qualified low/moderate-income purchasers and 15% for rental units leased to qualified low/moderate-income renters, provided the first floor is developed with a permitted commercial use, except for development of the rear portion of lots subdivided in accordance with Subsection
A(1)(b) below. All development of affordable units shall follow the very-low/low/moderate-income split provided for in the Uniform Housing. Affordability Controls (N.J.A.C. 5:50-26.1 et seq.) except that in lieu of the requirement for 10% of affordable units to be at 35% of median income in N.J.A.C. 5:50-26.3(d), 13% of affordable units in such projects shall be required to be at 30% of median income. For the purpose of permitting the development of an inclusionary development, the provisions and requirements of the Multifamily Inclusionary Zone District shall supersede the provisions and restrictions of the underlying Highway Business (C-150); and Limited Business (C-200) Zone Districts. In the event of a conflict between the provisions of this section and other sections of the Township development regulations with respect to the development of affordable housing, the provisions of the MFIZ-II District shall govern.
(b)
Lots in the MFIZ-II Zone identified in Schedule C with acreage of more than three acres and a depth of more than 500 feet may be subdivided and the rear portion developed under the MFIZ-I standards. The portion having frontage on Route 9 is required to have commercial uses on the ground floor as set forth in §
335-68.4A(2).
(2)
Principal permitted uses in the Multifamily Inclusionary Zone
District-II shall include:
(a)
Dwelling units shall be permitted only in buildings in which the ground floor is devoted to retail sales, professional office or personal service uses, except for development of the rear portion of lots subdivided in accordance with Subsection
A(1)(b).
(3)
Accessory uses. The following shall be permitted:
(b)
Off-street parking facilities, including driveways;
(c)
Fences in accordance with the applicable Township standards;
(d)
Signs in accordance with the standards in Chapter IX of the
Township Code;
(e)
Sidewalks in accordance with the standards in Chapter XII of
the Township Code; and
(f)
Other uses which are customarily incidental and accessory to
the principal use.
(4)
Maximum density of multifamily affordable housing development
shall be eight dwelling units per gross acre.
[Amended 11-22-2022 by Ord. No. 2022-40]
(5)
Bulk, area, and building requirements. The following requirements
shall apply for all permitted uses:
Bulk Standards
|
Permitted
|
---|
Minimum lot area
|
45,000 square feet
|
Minimum lot width
|
150 feet
|
Minimum front yard setback
|
12 feet
|
Minimum one side yard setback
|
5 feet
|
Minimum both side yards setback
|
10 feet
|
Minimum rear yard setback
|
20 feet
|
Maximum impervious coverage
|
75%
|
Maximum building coverage
|
40%
|
Maximum building height
|
3 stories 35 feet
|
(6)
Site improvement standards.
(a)
The proposed development(s) shall be served by public water
and sewer. The phasing of utility improvements, if necessary, shall
be subject to the review and approval of the Planning Board.
(b)
The residential portion of the proposed development(s) shall
be planned and designed to meet the New Jersey Residential Site Improvement
Standards (N.J.A.C. 5:21 et seq.).
[1] All roadways, parking areas, and landscaped islands
shall be private and maintained by a homeowners' association, except
that access roads across lands dedicated to and accepted by the Township
for public use may be public roads.
[2] Parking standards shall conform with the New Jersey
Residential Site Improvement Standards for townhouse dwellings (N.J.A.C.
5:21 et seq.).
[3] As part of final approval, the development shall
provide a municipal services agreement with the Township for the contribution
by the Township for maintenance, snow plowing, refuse removal and
lighting in accordance with the municipal policies in effect at the
time of approval.
(c)
The development(s) shall provide for stormwater management in
accordance with all applicable regulations. Stormwater management
basins shall be owned and maintained by a homeowners' association
to be established by the developer. Stormwater management facilities
provided as part of a one-hundred-percent-affordable development shall
be maintained by a property management entity. The phasing of stormwater
management improvements, if necessary, shall be subject to the review
and approval of the Planning Board and shall be completed in a manner
that services the development areas as construction progresses.
(d)
Affordable housing requirements. Residential development projects
developed under the provisions of the MFIZ-II shall provide for the
development of affordable housing as outlined herein. Such affordable
housing shall be provided through an affordable housing set-aside
of low- and moderate-income rental units interspersed throughout the
development.