[The Zoning Schedule was adopted by Ord.
No. 2005-59 to summarize the bulk requirements of
each zone district.]
[1]
Editor's Note: Schedule of General Zoning Regulations may
be found as an attachment to this chapter.
[Ord. No. 2018-35]
These regulations shall be applicable to the use of all lands
in the Township of Lakewood and any structures thereon.
A.
The provisions of this article shall be held to be the minimum requirements
(or the maximum, when so specified). Where this article imposes a
greater restriction than is imposed and required by other provisions
of law or by other rules, regulations or resolutions, the provisions
of this article shall control. Where other laws, rules, regulations
or resolutions require greater restrictions than are imposed by this
article, the provisions of such laws, rules, regulations or resolutions
shall control.
B.
The standards established by this article shall be applied uniformly
within each zoning district to each class or kind of structure or
land. Only uses which are specifically provided for by the regulations
of any district shall be permitted in that district unless authorized
by the Zoning Board of Adjustment pursuant to this article.
C.
Upon the effective date of this article, no building shall hereafter
be used, erected, altered, converted, enlarged, added to, moved or
reduced, nor shall any lands be subdivided, developed, or redeveloped
in any manner except in conformity with the standards provided herein,
as applied to the zoning district in which the building or land is
located.
D.
Upon the effective date of this article, all buildings and land,
which are not in full conformity with the standards provided herein,
as applied to the zoning district in which the building or land is
located, shall be deemed to be nonconforming and shall be subject
to the provisions of this article.
E.
The following uses shall be permitted in all residential districts:
1.
Family Day Care Homes:
a.
Family day care homes as defined in N.J.S.A. 40:55D-66.5, and are
to be licensed or registered to the extent required by the laws and
regulations of the State of New Jersey.
b.
The standards for said homes shall be the same as for single-family
dwelling units located in the same District, in accordance with the
New Jersey Municipal Land Use Law, 40:55D-66.5b, as amended.
c.
Family day care homes are to be considered as home occupations, and
as such, shall not be subject to more stringent restrictions than
exist or apply to all other home occupations in the particular residential
district in which the family day care home is located.
F.
Child Care
1.
Centers for which a license is required from the New Jersey Department
of Human Services pursuant to P.L. 1983, c. 492 (C:30:5B-1 et seq.)
shall be a permitted use in all zoning districts.
a.
The floor area in any building or structure used for child care purposes
shall be excluded in calculating any parking requirement.
b.
The floor area in any building or structure used for child care purposes
shall be excluded in calculating the permitted density allowable for
that building.
c.
Notwithstanding the above statements, the development of a child
care facility in an existing structure or in a stand alone facility,
shall require site plan review and will be subject to the standards
of the district in which it is located. Parking requirements shall
be based on evaluating the following factors: the maximum number of
children for which the site is licensed; the number of employees present
during the maximum shift; and the operational plan for the drop-off
and pick-up of children during the school day.
2.
Child care centers and the provision of child care services which
do not require licensure by the State of New Jersey shall be permitted
in all zoning districts subject to Subsection F1a and Subsection F1b
and are exempt from the requirements of Subsection F1c above.
H.
Townhouse (single-family attached) development:
Where townhouse (single-family attached) are outright permitted
uses (not conditional permitted uses) the following standards shall
apply:
1.
Minimum tract size shall be one-half (0.5) acre in all districts
in which townhouses are permitted with the exception of the HD-7 zone
in which the minimum tract size shall be one acre.
2.
Tract Boundaries: from a state highway - 100 feet. From all other
right-of-way lines - 25 feet. From all other property lines-20 feet.
3.
Maximum Density - eight townhouses or 16 dwelling units per acre.
4.
Minimum tract width - 125 feet.
5.
Minimum tract depth - 100 feet.
6.
The overall townhouse tract may be subdivided to provide fee-simple
ownership for the individual townhouse units. The following shall
apply to the individual townhouse lots:
7.
Minimum distance between buildings - 25 feet.
8.
Maximum units per structure — eight.
9.
Maximum building length - 240 feet.
10.
A structure shall not have more than two connected townhouse units
on one facade without providing a variation in setback of at least
two feet.
11.
Each unit shall have an area designated for the storage of trash
and recycling containers. All trash containers shall be screened from
view. Screening should blend with the building exterior.
12.
All residential development shall provide a usable rear yard depth
of at least 20 feet, including the rear yard setback. Decks shall
be permitted within the usable yard area, but detention/retention
facilities, drainage swales, or any easements which would inhibit
the use of the rear yard are prohibited. For the purposes of this
section a drainage swale with side slopes exceeding 1:10 and a depth
exceeding 18 inches shall be established as the limit which inhibits
use of this yard and is therefore prohibited.
13.
Architectural drawings of the front, side and rear elevations shall
be provided. Architectural drawings should also be provided if the
HVAC equipment is to be located on the roof.
14.
All areas put into common ownership for common use by all residents
shall be owned by a non-profit homeowners association in accordance
with the requirements of the Department of Community Affairs and the
following:
a.
Deed restrictions and covenants shall be provided in accordance
with the requirements and standards of the Department of Community
Affairs.
b.
The homeowners association shall be responsible for the ownership
and maintenance of all common space and any streets not accepted by
the Township.
c.
This organization shall not be dissolved nor shall it dispose
of any common open space, by sale or otherwise, except to another
organization conceived and established to own and maintain the common
open space and non-dedicated streets.
d.
The homeowners association shall be established prior to any
certificates of occupancy being issued. Membership of the association
shall be automatic and mandatory for each owner of a dwelling unit
and any succeeding owner thereto, being accomplished by the purchase
of a dwelling unit in the development.
e.
The association shall guarantee access to all the common areas
to all persons legally residing in the development.
f.
The association shall be responsible for liability insurance,
taxes certificate of incorporation shall contain provisions so that
adequate funds will be available for maintenance.
g.
The documents establishing the association shall provide a plan
for the maintenance of all common areas and undedicated streets.
15.
Parking shall be provided within 150 feet of the structure.
16.
All units shall be designed with a unified architectural style.
17.
Variations in setback and building facades shall be provided.
18.
All HVAC equipment shall be located in rear or side yards and shall
be buffered from adjoining properties and units, or shall be placed
on rooftops.
19.
Maximum building coverage of the tract: 35%.
I.
Any site or development may contain more than one use as long as
the uses are permitted in the zoning district in which it is located.
J.
In all Residential Zoning districts, any tract for which a complete
application for a Planned Educational Campus has been filed with the
Lakewood Planning Board, in compliance with § 18-902H1(g), re-approval
for development of that tract shall be conditionally permitted in
accordance with the provisions of the R-7.5 (Residential) Land Use
District. Such re-approval shall be subject to all of the following
conditions:
1.
Submission and approval of a complete development application to the Lakewood Planning Board based on the provisions of the R-7.5 (Residential) Land Use District, § 18-902G.
2.
A complete application for a Planned Educational Campus in accordance
with § 18-902H1g must have been submitted prior to the adoption
of this ordinance.
[Adopted July 12, 2018 by Ord. No. 2018-35]
3.
No development of any portion of the Planned Educational Campus may
have been commenced at or before the time of adoption of this ordinance.
If any development of the Planned Educational Campus was commenced
at or before the time of adoption of this ordinance, the re-approval
provisions of this section shall be prohibited.
[Adopted July 12, 2018 by Ord. No. 2018-35]
K.
The following
uses shall be prohibited in all zoning districts in the Township of
Lakewood:
[Added 4-22-2021 by Ord. No. 2021-23]
1.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery-licensed businesses as said terms are defined in Section
3 of P.L. 2021, c. 16.
L.
In all residential zones, notwithstanding the definition of "lot, corner" found at § 18-200, where a corner lot has a residence fronting on one street with its front entryway oriented toward that street (the dominant street), the street frontage not associated with the front door entryway (the subservient street) shall be permitted to utilize the side yard setback for that zone for accessory structures, including pools, provided adequate screening from the subservient street is incorporated into the application for permits for accessory structures, and any applicable sight triangles remain unimpeded, as determined by the Township's Engineering Department upon application for construction permits.
[Added 5-12-2022 by Ord. No. 2022-25]
M.
In all residential zones, notwithstanding the definition of "lot, corner" found at § 18-200, where a corner lot has a residence fronting on one street with its front entryway oriented toward that street (the dominant street), the street frontage not associated with the front door entryway (the subservient street) shall be permitted to utilize a minimum front yard setback for that subservient side of seventeen feet (17') measured from the property line, for an addition to an existing owner-occupied single family structure, provided adequate screening from the subservient street is incorporated into the application for permits for said residential addition, and any applicable sight triangles remain unimpeded, as determined by the Township's engineering department upon application for construction permits.
[Added 3-16-2023 by Ord. No. 2023-16]
[Ord. No. 2005-96 § 1; Ord. No. 2013-58 § 1; Ord. No. 2013-59 § 1; Ord. No. 2013-60 § 1; Ord. No. 2014-20 § 1; Ord. No. 2014-51 § 1; Ord. No. 2014-52 § 1; Ord. No. 2014-61 § 1; Ord. No. 2015-35 and removed 4-24-17 by
Court Order; Ord. No. 2017-24; Ord. No. 2017-51 § 2; Ord. No. 2019-15]
A.
The following zoning districts are hereby created and all land within
the Township of Lakewood shall be placed in one of these districts
by designation on a zoning map, as described below.
1.
Agricultural (A-1)
2.
Residential (R40)
3.
Residential (R20)
4.
Residential (R15)
5.
Residential (R12)
6.
Residential (R12A)
7.
Residential (R10)
8.
Residential (R7.5)
9.
Multi-Family Residential (R-M)
10.
Multi-Family Limited Residential (R-LM)
11.
Public Housing (PH-1)
12.
Office Transitional (OT)
13.
Neighborhood Business (B-1)
14.
Central Business (B-2)
15.
Highway Business (B-3)
16.
Wholesale Service (B-4)
17.
Highway Development (B-5)
18.
Highway Development (B-5A)
19.
Highway Development (HD-6)
20.
Highway Development (HD-7)
21.
Residential Office Park (ROP)
22.
Open Space and Preservation (OSP)
23.
Airport Hazard Zone (AHZ)
24.
Cedarbridge Redevelopment Area (DA-1)
25.
Industrial (M-1)
26.
(Reserved)
27.
(Reserved)
28.
Industrial Park Limited Professional Service (LP)
29.
(Reserved)
30.
Corporate Campus/Stadium Support Zone (B-6)
31.
Hospital Support (HS)
32.
Single Family Residential (R-10A)
33.
Airport Business Commercial (ABC)
34.
Oak Street Core Neighborhood Overlay Zone-1 (OSCN 1)
35.
Oak Street Core Neighborhood Overlay Zone-2 (OSCN 2)
36.
Cross and Prospect Street Core (CPSC) Overlay
37.
(Reserved)
38.
Public Purpose (PP) Overlay
39.
Single Family Residential (R-10B)
40.
(Reserved)
41.
Single Family Residential (R-20A)
42.
(Reserved)
43.
Residential Cluster (R-15/10 C)
44.
Residential Cluster (R-20/12 C)
45.
Residential Cluster (R-40/20 C)
46.
Planned Development Non-Contiguous Cluster (PDNC) Overlay
47.
Riparian Buffer Conservation Overlay
[Ord. No. 2017-24 § 1; Ord. No. 2019-15 § 2]
B.
Zoning Map and Interpretation.[2]
1.
The boundaries of these zoning districts are established on a map
entitled "Zoning Map of the Township of Lakewood — 2017," dated
December 7, 2017, which accompanies this chapter and is incorporated
herein.
[Ord. No. 2017-51 § 3]
a.
Amendments to the Zoning Map:
(1)
The following Blocks and Lots are and the same are hereby retuned
to the R-40/20C Zone and the Zoning Map and tax records shall be adjusted
accordingly to reflect same:
[Added 8-15-2019 by Ord. No. 2019-31]
|
Block
|
Lot(s)
|
|---|---|
|
807
|
1
|
|
808
|
1 and 2
|
|
809
|
1 and 2
|
|
814
|
1
|
|
815
|
All
|
|
815.01
|
All
|
|
837
|
3
|
(2)
The following Blocks and Lots currently located in a portion of the
ABC Zone are and the same are hereby redesignated and returned to
the LP Zone and the Zoning Map and tax records shall be adjusted accordingly
to reflect same:
[Added 5-18-2023 by Ord. No. 2023-18]
|
Block
|
Lot(s)
|
|---|---|
|
1165
|
1
|
|
1173
|
1, 2 and 3
|
|
1174
|
1
|
|
1185
|
1
|
|
1186
|
1
|
|
1195
|
1
|
|
1196
|
1
|
|
1197
|
1
|
|
1198
|
1 and 9
|
2.
The map entitled "Amended Zoning Map of the Township of Lakewood
- 2017" and dated December 7, 2017 shall be adopted and replace the
Zoning Map referred to above upon the completion of roadway improvements
so as to minimize traffic congestion as recommended in the 2017 Lakewood
Township Master Plan, and more specifically set forth in the introductory
"whereas" clauses of Ordinance No. 2017-51.
[Ord. No. 2017-51 § 3]
3.
The boundaries between zoning districts are, unless otherwise indicated,
either the center lines of streets or railroad rights-of-way, municipal
boundary lines, property lines existing at the time of the zoning
map adoption or amendment, or lines parallel or perpendicular thereto.
Distances not specifically indicated shall be determined by the scale
of the map.
[Ord. No. 2019-15]
4.
Where a district boundary line divides a lot existing at the time
of adoption of this chapter, the regulations applicable to the least
restrictive district shall extend over the portion of the lot in the
more restrictive district for a distance of not more than 20 feet.
[2]
Editor's Note: The Official Zoning Map can be found as an
attachment to this chapter. Prior Ordinance History: Ord. Nos. 2005-95,
2005-96, 2006-29, 2013-30, 2013-40, 2013-58, 2013-59, 2013-60, 2014-13,
2014-20, 2014-47, 2014-51, 2014-52, 2014-61, 2015-35.
[1]
Editor's Note: The Zoning Map may be found as an attachment
to this chapter.
[Ord. No. 2009-53 §§ 1,
2; Ord. No. 2010-22 § 1; Ord. No. 2010-78; Ord.
No. 2013-58 § 2; Ord.
No. 2013-79 §§ 1-5; Ord. No. 2014-20 § 3; Ord. No. 2014-51 § 3; Ord. No. 2014-52 §§ 3-5; Ord. No. 2014-61 §§ 3-5; Ord. No. 2015-30; Ord.
No. 2016-34; Ord. No. 2017-24 § 2; Ord. No. 2017-51 §§ 7-19]
A.
Agricultural (A-1)
1.
Permitted Uses:
a.
Single family detached dwellings.
b.
Farm house and associated dwellings.
c.
Customary and conventional agricultural uses with the exception of
raising hogs and goats. The processing or sale of agricultural products
grown or raised on the premises is permitted. This may include the
slaughtering of poultry, however, no other type of abattoir shall
be permitted.
2.
Conditional Uses (See Article X):
a.
Public buildings of a governmental or cultural nature but not including
warehouses and workshops.
b.
Golf Courses with a minimum of nine holes and a minimum distance
from tee to green for a hole of 100 yards. A clubhouse is permitted
on the same property.
Public Utility installations which involve no storage yard or
commercial office space.
c.
Hospitals and Clinics.
3.
Accessory Uses:
a.
Private residential garages.
b.
Sheds.
c.
Greenhouses.
d.
Private Swimming Pools.
e.
Home occupations, provided that the sum of all such uses in a dwelling
complies with the following standards:
(1)
The home occupation may not employ more than two people at any
one time who are not a member of the household residing in the dwelling.
(2)
The home occupation shall primarily be conducted in a manner
that does not bring more than one client at a time to the premises.
(3)
The residential character of the exterior of the structure appearance
shall not be compromised.
(4)
Not more than 25% of the total floor area of the dwelling may
be devoted to the home occupation use.
(5)
There shall be no outdoor storage or display of materials, products
or equipment.
(6)
One off-street parking space must be provided in addition to
those required for the dwelling if a non-resident person is employed
in conjunction with the home occupation use.
(7)
Deliveries are permitted by way of UPS, FedEx or other similar
agencies.
4.
Design Regulations - For all permitted uses except for Places of
Worship:
5.
Design Regulations - Places of Worship:
B.
Residential (R-40)
[Amended by Ord. No. 2005-77]
1.
Permitted Uses:
a.
Single Family Detached Housing.
c.
Public and private schools in accordance with the requirements of § 18-906 and the bulk standards below.
d.
Planned Affordable Residential Development in those areas identified
on the Zoning Map for R-40/20 Cluster and in accordance with the bulk
standards and requirements of Subsection 18-902B7.
3.
Accessory Uses:
a.
Private residential garages.
b.
Sheds.
c.
Greenhouses.
d.
Private Swimming Pools.
e.
Home occupations, provided that the sum of all such uses in a dwelling
complies with the following standards:
(1)
The home occupation may not employ more than two people at any
one time who are not a member of the household residing in the dwelling.
(2)
The home occupation shall primarily be conducted in a manner
that does not bring more than one client at a time to the premises.
(3)
The residential character of the exterior of the structure appearance
shall not be compromised.
(4)
Not more than 25% of the total floor area of the dwelling may
be devoted to the home occupation use.
(5)
There shall be no outdoor storage or display of materials, products
or equipment.
(6)
One off-street parking space must be provided in addition to
those required for the dwelling if a non-resident person is employed
in conjunction with the home occupation use.
(7)
Deliveries are permitted by way of UPS, FedEx or other similar
agencies.
4.
5.
Design Regulations. Houses of Worship:
6.
[Amended by Ord. No. 2005-94; Ord. No. 2015-30]
a.
A cluster development plan for single family detached dwellings shall be permitted in those areas designated on the Zoning Map as R-40/20 Cluster and as provided in § 18-904. The bulk standards for the lots in the cluster development shall be in accordance with the R-20 Design Regulations.
b.
The minimum size of a tract of land proposed for cluster development
shall be 15 acres.
[Ord. No. 2015-30]
c.
For cluster developments which comply with Subsection b above that have been approved by the Planning Board either in accordance with Subsection a above for cluster development approved by the granting of lot area variances, which include a remainder open space parcel, the bulk setback standards shall be in accordance with the R-20 requirements per § 18-902C4c through 18-902C4h.
[Ord. No. 2015-30]
7.
Planned Affordable Residential Development.
[Added by Ord. No. 2005-77]
a.
Dwelling Unit Types.
(1)
TOWNHOUSE — A building containing attached dwelling units
arranged side by side with each unit divided by a common party wall,
and having a separate exterior entrance.
(2)
DUPLEX — A building containing two dwelling units, arranged
either side by side as in the case of a semi-detached dwelling or
one over the other, with each unit having a separate exterior entrance.
(3)
MULTI-FAMILY — A building containing multiple dwelling
units, other than a townhouse, that are attached both vertically and
horizontally, with each unit having either a separate exterior entrance
or access from a common hallway.
(4)
SINGLE FAMILY — A detached building containing one dwelling
unit intended for one family and is not attached to any other dwelling
by any means and is surrounded by open space or yards.
b.
Minimum Tract Size. A planned affordable residential development
may only be developed on one or more contiguous parcels of land having
a minimum gross acreage of four acres. Paper streets, existing rights-of-way
or easements shall not be deemed to divide acreage. The initial development
tract at the time of approval shall contain a minimum of 50% publicly-owned
land. Subsequent additions of contiguous acreage may be made in any
acreage amount without regard to public ownership requirements provided
such acreage is integrated within the overall design of the initially
approved planned development.
c.
Permitted Principal Uses. No building or premises shall be used and
no building shall be erected or altered which is arranged, intended
or designed to be used except for one or more of the following uses:
(1)
With public sewer and water: townhouses, duplex, multi-family,
and single family units restricted to low and moderate income households.
(2)
Community facilities related to the cultural, social and recreational
needs of the residents of the development, including public or private
parks, religious, ceremonial and ritual facilities, churches and other
places of worship.
(3)
Public or private schools and day-care facilities related to
the needs of the residents of the development.
(4)
Public buildings of a governmental or cultural nature.
(5)
Neighborhood commercial uses, such as retail sales and services and professional offices, designed and intended primarily to serve the residents of the planned affordable residential development. The lot area of such commercial uses shall not exceed 10% of the tract area of a planned development. Bulk and parking requirements for such commercial uses shall conform to the standards contained in § 18-903A, "B-1 Neighborhood Business Zone".
d.
Permitted Accessory Uses. Any of the following uses may be permitted
when used in conjunction with a principal use:
e.
Tract Development Requirements. The following standards shall apply
to any planned affordable residential development tract:
(1)
Minimum tract area: four acres.
(2)
Maximum gross density: 22 dwelling units per acre.
(3)
Residential unit distribution. At a minimum, two of the permitted
housing types shall be provided.
(4)
Maximum building coverage: 45% of the gross tract area.
(5)
Maximum impervious surface coverage: 80% of the gross tract
area.
(6)
Minimum tract setbacks.
(a)
Tract boundary: 10 feet shall be permitted if dwellings
front on an existing street and parking for such units is provided
from a service alley.
(b)
Interior roadway/circulation driveway: 20 feet;
except 10 feet shall be permitted if parking for dwelling units is
located with access from a service alley.
(c)
Interior parking lot paved surface: 10 feet.
f.
Bulk requirements. The following bulk requirements shall apply to
the permitted dwelling unit types in a planned affordable residential
development project.
(1)
Townhouses on fee simple lots.
|
(a) Minimum lot area
|
2,000 square feet
|
|
(b) Minimum lot frontage/ width:
|
20 feet
|
|
(c) Minimum lot depth:
|
80 feet
|
|
(d) Minimum front yard:
|
20 feet for units with front entry garages; 10 feet for units
without garages or with parking provided in the rear yard with access
from a rear service alley
|
|
(e) Minimum side yard:
|
0 feet for a common wall; 10 feet end units
|
|
(f) Minimum rear yard:
|
15 feet to principal building; 12 feet to garage or accessory
structures
|
|
(g) Maximum building height:
|
45 feet
|
(2)
Townhouse structures on common property.
(a)
Clusters of townhouse dwellings may be arranged
on a tract subject to the applicable design standards contained in
§ 18-902B7.
(3)
Duplex dwelling on individual lots.
|
(a) Minimum lot area:
|
6,000 square feet
|
|
(b) Minimum lot frontage/ width:
|
50 feet
|
|
(c) Minimum lot depth:
|
80 feet
|
|
(d) Minimum front yard:
|
25 feet; except 10 feet if parking is located in the rear yard
with access from a rear service alley
|
|
(e) Minimum side yard:
|
8 feet one side; 15 feet total
|
|
(f) Minimum rear yard:
|
15 feet to principal building; 12 feet to garage or accessory
structures
|
|
(g) Maximum building height:
|
45 feet
|
(4)
Single Family on individual lots.
|
(a) Minimum lot area:
|
5,000 square feet
|
|
(b) Minimum lot frontage/ width
|
45 feet
|
|
(c) Minimum lot depth
|
80 feet
|
|
(d) Minimum front yards
|
20 feet except 10 feet if parking is located in the rear yard
with access from a rear service alley
|
|
(e) Minimum side yard
|
7 feet one side; 15 feet total
|
|
(f) Minimum rear yard
|
15 feet to principal building; 12 feet to garage or accessory
structures
|
(5)
Duplex structures on common property.
(a)
Clusters of duplex dwellings may be arranged on
a tract subject to the applicable design standards contained in this
chapter.
(6)
Multi-family structures on common property.
(a)
Clusters of multi-family dwellings may be arranged
on a tract subject to the applicable design standards contained in
this chapter.
(b)
Minimum average floor area for a dwelling unit
shall be 1,100 square feet.
(c)
Each unit above the ground floor may have a balcony
or terrace, which if provided shall be at least 60 square feet in
area.
(d)
Maximum building height – 45 feet.
g.
Design requirements.
(1)
Minimum distance between buildings that are designed on common
property.
|
(a) End wall (no openings) to end wall:
|
12 feet
|
|
(b) End wall to window wall:
|
30 feet
|
|
(c) Windows wall to window wall
|
40 feet
|
(2)
Townhouse structures shall not have a length in excess of 240
feet and shall be designed with offsets or other architectural features
so as to provide breaks in a linear plane.
(3)
Multi-family structures shall provide for variety in roof height
and avoid the appearance of one continuous multi-story building through
the introduction of offsets or other architectural features.
(4)
Minimum off-street parking requirements. The parking requirements
as outlined in the Residential Site Improvement Standards (RSIS) for
residential land uses shall apply to the permitted dwelling units.
For townhouse or multi-family units containing four or more bedrooms
the parking ratio shall be 2.5 per townhouse unit and 2.2 per multi-family
unit.
(5)
Recreational facilities. Facilities to serve the recreational needs of the residents of the planned development shall be appropriately sized to the scale and type of the development. A minimum recreational open space area equal to 5% of the tract area of a planned development shall be provided. Common open space areas shall conform to the requirements for such open space, except as modified herein, as contained in § 18-808 of this chapter.
(6)
Construction, design, lighting, screening and landscaping of
parking areas and streets shall conform to the applicable provisions
of this chapter. To the extent that the Township's standards for the
construction and design of parking facilities including the size and
number of parking spaces as well as the design of internal streets
and circulation driveways is inconsistent with the Residential Site
Improvement Standards (RSIS), then the RSIS code standards shall govern
the parking area and street design.
h.
Planned Development Findings. Prior to the approval of a planned
affordable residential development, the Planning Board shall make
findings and conclusions as required under N.J.S.A. 40:55D-45:
(1)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conforms to the zoning
ordinance standards pursuant to this article;
(2)
That the proposals for maintenance and conservation of the common
open space are adequate in the amount, location and purpose.
(3)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic
and the amenities of light and air, recreation and visual enjoyment
are adequate.
(4)
In the case of a proposed development, which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and the residents, occupants and
owners of the proposed development in the total completion of the
development are adequate.
C.
Single-Family Residential (R-20)
2.
Conditional Uses (See Article X):
a.
Public buildings of a governmental or cultural nature but not including
warehouses and workshops.
b.
Congregate or Assisted Living and Nursing Care.
c.
Agricultural uses. The processing or sale of agricultural products
grown or raised on the premises is permitted.
d.
Golf courses with a minimum of nine holes and a minimum distance
from tee to green for a hole of 100 yards. A clubhouse is permitted
on the same property.
3.
Accessory Uses:
a.
Private residential garages.
b.
Sheds.
c.
Greenhouses.
d.
Private swimming pools.
e.
Home occupations, provided that the sum of all such uses in a dwelling
complies with the following standards:
(1)
The home occupation may not employ more than two people at any
one time who are not a member of the household residing in the dwelling.
(2)
The home occupation shall primarily be conducted in a manner
that does not bring more than one client at a time to the premises.
(3)
The residential character of the exterior of the structure appearance
shall not be compromised.
(4)
Not more than 25% of the total floor area of the dwelling may
be devoted to the home occupation use.
(5)
There shall be no outdoor storage or display of materials, products
or equipment.
(6)
One off-street parking space must be provided in addition to
those required for the dwelling if a non-resident person is employed
in conjunction with the home occupation use.
(7)
Deliveries are permitted by way of UPS, FedEx or other similar
agencies.
4.
Design Regulations - For all permitted uses except for Places of
Worship:
6.
Cluster Option: A cluster development plan for single family detached dwellings shall be permitted in those areas designated on the Zoning Map as R-20/12 Cluster and as provided in § 18-904. The bulk standards for the lots in the cluster development shall be in accordance with the R-12 Design Regulations.
[Amended by Ord. No. 2005-94]
D.
Single Family Residential (R-15)
2.
Conditional Uses (See Article X):
a.
Public buildings of a governmental or cultural nature but not including
warehouses and workshops.
b.
Congregate or Assisted Living and Nursing Care.
c.
Agricultural uses. The processing or sale of agricultural products
grown or raised on the premises is permitted.
d.
Golf courses with a minimum of nine holes and a minimum distance
from tee to green for a hole of 100 yards. A clubhouse is permitted
on the same property.
3.
Accessory Uses:
a.
Private residential garages.
b.
Sheds.
c.
Greenhouses.
d.
Private Swimming Pools.
e.
Home occupations, provided that the sum of all such uses in a dwelling
complies with the following standards:
(1)
The home occupation may not employ more than two people at any
one time who are not a member of the household residing in the dwelling.
(2)
The home occupation shall primarily be conducted in a manner
that does not bring more than one client at a time to the premises.
(3)
The residential character of the exterior of the structure appearance
shall not be compromised.
(4)
Not more than 25% of the total floor area of the dwelling may
be devoted to the home occupation use.
(5)
There shall be no outdoor storage or display of materials, products
or equipment.
(6)
One off-street parking space must be provided in addition to
those required for the dwelling if a non-resident person is employed
in conjunction with the home occupation use.
(7)
Deliveries are permitted by way of UPS, FedEx or other similar
agencies.
4.
Design Regulations - For all permitted uses except Places of Worship:
6.
Reduction in Lot Area for Recreation Purposes: In any residential subdivision in the R-15 District, the minimum lot area and width requirements may be reduced in accordance with the standards and requirements specified in § 18-908.
7.
Cluster Option: A cluster development plan for single-family detached dwellings shall be permitted in those areas designated on the Zoning Map as R-15/10 Cluster and as provided in § 18-904. The bulk standards for the lots in the cluster development shall be in accordance with the R-10 Design Regulations.
[Ord. No. 2005-95 § 2]
E.
Single-Family (R-12 and 12A)
3.
Accessory Uses:
a.
Private residential garages.
b.
Sheds.
c.
Greenhouses.
d.
Private Swimming Pools.
e.
Home occupations, provided that the sum of all such uses in a dwelling
complies with the following standards:
(1)
The home occupation may not employ more than two people at any
one time who are not a member of the household residing in the dwelling.
(2)
The home occupation shall primarily be conducted in a manner
that does not bring more than one client at a time to the premises.
(3)
The residential character of the exterior of the structure appearance
shall not be compromised.
(4)
Not more than 25% of the total floor area of the dwelling may
be devoted to the home occupation use.
(5)
There shall be no outdoor storage or display of materials, products
or equipment.
(6)
One off-street parking space must be provided in addition to
those required for the dwelling if a non-resident person is employed
in conjunction with the home occupation use.
(7)
Deliveries are permitted by way of UPS, FedEx or other similar
agencies.
4.
Design Regulations for R-12- For all uses except for Places of Worship:
5.
Design Regulations for R-12A- For all uses except for Places of Worship:
F.
Single-Family Residential (R-10)
1.
3.
Accessory Uses:
a.
Private residential garages.
b.
Sheds.
c.
Greenhouses.
d.
Private Swimming Pools.
e.
Home occupations, provided that the sum of all such uses in a dwelling
complies with the following standards:
(1)
The home occupation may not employ more than two people at any
one time who are not a member of the household residing in the dwelling.
(2)
The home occupation shall primarily be conducted in a manner
that does not bring more than one client at a time to the premises.
(3)
The residential character of the exterior of the structure appearance
shall not be compromised.
(4)
Not more than 25% of the total floor area of the dwelling may
be devoted to the home occupation use.
(5)
There shall be no outdoor storage or display of materials, products
or equipment.
(6)
One off-street parking space must be provided in addition to
those required for the dwelling if a non-resident person is employed
in conjunction with the home occupation use.
(7)
Deliveries are permitted by way of UPS, FedEx or other similar
agencies.
4.
Design Regulations - For all uses except for Places of Worship:
a.
Minimum Lot Area — 10,000 square feet; two family/duplex structures,
12,000 square feet.
b.
Minimum Lot Width — 75 feet.
c.
Front Yard Setback — 30 feet.
d.
Rear Yard Setback — 20 feet.
e.
Side Yard Setback — 10 feet with an aggregate of 25 feet.
g.
Maximum Building Coverage — 30%.
h.
Maximum Building Height — 35 feet.
G.
Single-Family Residential (R-7.5)
1.
3.
Accessory Uses:
a.
Private residential garages.
b.
Sheds.
c.
Greenhouses.
d.
Private Swimming Pools.
e.
Home occupations, provided that the sum of all such uses in a dwelling
complies with the following standards:
(1)
The home occupation may not employ more than two people at any
one time who are not a member of the household residing in the dwelling.
(2)
The home occupation shall primarily be conducted in a manner
that does not bring more than one client at a time to the premises.
(3)
The residential character of the exterior of the structure appearance
shall not be compromised.
(4)
Not more than 25% of the total floor area of the dwelling may
be devoted to the home occupation use.
(5)
There shall be no outdoor storage or display of materials, products
or equipment.
(6)
One off-street parking space must be provided in addition to
those required for the dwelling if a non-resident person is employed
in conjunction with the home occupation use.
(7)
Deliveries are permitted by way of UPS, FedEx or other similar
agencies.
4.
Design Regulations - For all uses except for Places of Worship:
a.
Minimum Lot Area — 7,500 square feet; two family/duplex structures
- 10,000 square feet.
b.
Minimum Lot Width — 50 feet.
c.
Front Yard Setback — 25 feet.
d.
Rear Yard Setback — 15 feet.
e.
Side Yard Setback — 7 feet with an aggregate of 15 feet.
g.
Maximum Building Coverage — 35%.
h.
Maximum Building Height — 35 feet.
H.
Multi-Family Residential (R-M)
1.
Permitted Uses:
a.
Single Family Detached Housing.
b.
Two Family and Duplex Housing.
c.
Multi-Family Housing.
d.
Townhouses (Notwithstanding the definition of townhouse in this chapter,
for the purposes of this section, any townhouse with a basement should
be considered two units.)
e.
Places of worship including parish house and classrooms. (See § 18-905 for regulations in addition to Subsection H4 below.)
f.
Public and private schools in accordance with the requirements of § 18-906 and the bulk standards below.
g.
Planned Educational Campus in those areas identified on the Zoning
Map for RM (except for the DA-1 (Cedar Bridge Redevelopment Area),
M-1 (Industrial), LP (Industrial Park Limited Professional), AHZ (Airport
Hazard Zone), Open Space and Preservation (OSP), A-1 (Agricultural-Rural),
and PH-1 (Public Housing), B-6 (Stadium Support Zone) where a Planned
Educational Campus will not be permitted) and in accordance with the
bulk standards and requirements of § 18-902H6.
[Ord. No. 2017-51 § 7]
3.
Accessory uses permitted on single-family lot:
a.
Private residential garages.
b.
Sheds.
c.
Greenhouses.
d.
Private Swimming Pools.
e.
Home occupations, provided that the sum of all such uses in a dwelling
complies with the following standards:
(1)
The home occupation may not employ more than two people at any
one time who are not a member of the household residing in the dwelling.
(2)
The home occupation shall primarily be conducted in a manner
that does not bring more than one client at a time to the premises.
(3)
The residential character of the exterior of the structure appearance
shall not be compromised.
(4)
Not more than 25% of the total floor area of the dwelling may
be devoted to the home occupation use.
(5)
There shall be no outdoor storage or display of materials, products
or equipment.
(6)
One off-street parking space must be provided in addition to
those required for the dwelling if a non-resident person is employed
in conjunction with the home occupation use.
(7)
Deliveries are permitted by way of UPS, FedEx or other similar
agencies.
4.
Design Regulations:
a.
Single-Family and Two Family Standards:
(1)
Minimum Lot Area — 7,500 square feet for single family
and 10,000 square feet for two family structures.
(2)
(Reserved)
(3)
Minimum Lot Width — 50 feet.
(4)
Front Yard Setback — 25 feet.
(5)
Rear Yard Setback — 15 feet.
(6)
Side Yard Setback — 7 feet with an aggregate of 15 feet.
(8)
Maximum Building Coverage — 35%.
(9)
Maximum Building Height — 35 feet.
b.
Multi-Family Standards:
(1)
Minimum Lot Area: 12,500 square feet.
(2)
Maximum Gross Density - 15 dwelling units per acre.
(3)
Minimum Lot Width — 100 feet.
(4)
Front Yard Setback — 25 feet.
(5)
Rear Yard Setback — 25 feet.
(6)
Side Yard Setback — 25 feet with an aggregate of 50 feet.
(7)
Maximum Building Coverage — 40%.
(8)
Maximum Building Height — 65 feet.
5.
Off-Street Parking shall be provided in accordance with NJ RSIS.
6.
Planned Educational Campus.
a.
Dwelling Unit Types. All dwelling units are to be occupied only by
students, faculty or staff of the educational institution, by persons
directly associated with the educational institution, and or by their
immediate families.
(1)
Townhouse. A building containing attached dwelling units arranged
side by side with each unit divided by a common party wall, and having
a separate exterior entrance.
(2)
Duplex. A building containing two dwelling units, arranged either
side by side as in the case of a semi-detached dwelling or one over
the other, with each unit having a separate exterior entrance.
(3)
Multi-Family. A building containing multiple dwelling units,
other than a townhouse, that are attached both vertically and horizontally,
with each unit having either a separate exterior entrance or access
from a common hallway.
(4)
Single Family. A detached building containing one dwelling unit
intended for one family and is not attached to any other dwelling
by any means and is surrounded by open space or yards.
(5)
Student Dormitory. A building or portion thereof, owned and
operated by a nonprofit school, nonprofit college or other entity
operating in association with an educational institution, containing
rooms and facilities which are provided as residences or for overnight
sleeping for individuals or groups not living as a housekeeping unit.
b.
Minimum Tract Size. A Planned Educational Campus may only be developed
on one or more contiguous parcels of land having a minimum gross acreage
of three acres. Paper streets, existing rights-of-way or easements
shall not be deemed to divide acreage.
c.
Permitted Principal Uses. No building or premises shall be used and
no building shall be erected or altered which is arranged, intended
or designed to be used except for one or more of the following uses:
(1)
With public sewer and water: townhouses, duplex, multifamily
units and student dormitories.
(2)
Community facilities related to the cultural, social and recreational
needs of the residents of the development, including public or private
parks, religious ceremonial and ritual facilities, churches and other
places of worship.
(3)
Public or private schools, and day-care facilities related to
the needs of the residents of the development.
(4)
Public buildings of a governmental or cultural nature.
(5)
Student housing, married student housing or faculty housing
on a campus like setting.
d.
Permitted Accessory Uses. Any of the following uses may be permitted
when used in conjunction with a principal use:
(1)
Off-street parking and common parking areas.
(2)
Maintenance and utility facilities intended to service the residents
of the Planned Educational Campus. This covers storm water as well.
(3)
Recreation amenities such as patios and play areas.
(4)
Other accessory uses customarily incidental to a permitted principal
use.
(5)
Student services such as food service, cafeteria, student run
inn, or other vocational services to benefit academic programs.
e.
Planned Educational Campus Requirements. The following standards
shall apply to any Planned Educational Campus:
(1)
Minimum Tract Area: three acres.
(2)
Maximum Gross Residential Density: 28 dwelling units per acre.
(3)
Maximum Building Coverage: 45% of the gross tract area.
(4)
Maximum Impervious Surface Coverage: 85% of the gross tract
area.
(6)
More than one principal building shall be permitted on a tract
as long as compatible to educational campus setting.
(7)
It shall be a requirement that the land and all buildings, dwellings
and structures shall be owned by the educational institution.
f.
Bulk Requirements. The following bulk requirements shall apply to
the permitted dwelling unit types in a Planned Educational Campus
project.
(1)
Townhouses on fee simple or condominium lots.
|
(a) Minimum Lot Area:
|
2000 square feet
|
|
(b) Minimum Lot Frontage/ Width:
|
20 feet
|
|
(c) Minimum Lot Depth:
|
80 feet
|
|
(d) Minimum Front Yard:
|
20 feet for units with front entry garages; 10 feet for units
without garages or with parking provided in the rear yard with access
from a rear service alley
|
|
(e) Minimum Side Yard:
|
0 feet for a common wall; 10 feet end units
|
|
(f) Minimum Rear Yard:
|
15 feet to principal building; 12 feet to garage or accessory
structures
|
|
(g) Maximum Building Height:
|
35 feet from the average grade to the mean height of the roof
|
(3)
Duplex Dwelling on Individual Lots.
|
(a) Minimum Lot Area:
|
5000 square feet
|
|
(b) Minimum Lot Frontage/ Width:
|
50 feet
|
|
(c) Minimum Lot Depth:
|
80 feet
|
|
(d) Minimum Front Yard:
|
20 feet; except 10 feet if parking is located in the rear yard
with access from a rear service alley
|
|
(e) Minimum Side Yard:
|
5 feet one side; 10 feet total
|
|
(f) Minimum Rear Yard:
|
15 feet to principal building; 12 feet to garage or accessory
structures
|
|
(g) Maximum Building Height:
|
35 feet
|
(4)
Single Family on Individual Lots.
|
(a) Minimum Lot Area:
|
5000 square feet
|
|
(b) Minimum Lot Frontage/ Width:
|
45 feet
|
|
(c) Minimum Lot Depth:
|
80 feet
|
|
(d) Minimum Front Yards:
|
20 feet; except 10 feet if parking is located in the rear yard
with access from a rear service alley
|
|
(e) Minimum Side Yard:
|
7 feet one side; 15 feet total
|
|
(f) Minimum Rear Yard:
|
15 feet to principal building; 12 feet to garage or accessory
structures
|
(5)
Duplex Structures on Common Property.
Clusters of duplex dwellings may be arranged on a tract subject
to the applicable design standards contained in this chapter.
(6)
Multi-Family Structures on Common Property.
(a)
Clusters of multi-family dwellings may be arranged
on a tract subject to the applicable design standards contained in
this chapter.
(b)
Minimum average floor area for a dwelling unit
shall be 900 square feet.
(c)
Each unit above the ground floor may have a balcony
or terrace, which if provided shall be at least 36 square feet in
area (6x6).
(d)
Maximum building height, 65 feet from average grade
to mean height of roof.
(7)
Student Dormitory Structures on Common Property:
(a)
Clusters of dormitory dwellings may be arranged
on a tract subject to the applicable design standards contained in
this chapter.
(b)
Each dwelling unit together with its proportionate
share of the common areas shall be no less than 240 square feet.
(c)
Maximum building height, as defined by median height;
65 feet.
g.
Design Requirements.
(2)
Townhouse structures shall not have a length in excess of 240
feet and shall be designed with offsets or other architectural features
so as to provide breaks in a linear plane.
(3)
Multi-family or student dormitory structures shall not have
a length in excess of 290 feet and shall provide for variety in roof
height and avoid the appearance of one continuous multi-story building
through the introduction of offsets or other architectural features.
(4)
Minimum Off-Street Parking Requirements. All parking must be
on site parking. The parking requirements as outlined in the Residential
Site Improvement Standards (RSIS) for residential land uses shall
not apply to the permitted dwelling units. This is because this is
an educational campus and therefore cannot be covered or governed
by the RSIS. For townhouse or multi-family units containing four or
more bedrooms the parking ratio shall be one per townhouse unit and
one per multi-family unit. For rental apartments, which are multi-family
for married students, it shall be one per dwelling unit. For student
dormitories, which are defined as shared student quarters where there
are typically multiple students in a common unit, shall be .25 per
dwelling unit.
(5)
Recreational facilities. Facilities to serve the recreational
needs of the residents of the Planned Educational Campus, when provided
by the educational institution, shall be appropriately sized to the
scale and type of the educational facility. A minimum recreational
open space area equal to 5% of the tract area of a planned development
shall be provided. Common open space areas shall conform to the requirements
for such open space, except as modified herein, as contained in §
808 of this chapter.
h.
Planned Development and other findings. Prior to the approval of
a Planned Educational Campus the Planning Board shall make findings
and conclusions as required under N.J.S.A. 40:55D-45:
(1)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conforms to the zoning
ordinance standards pursuant to this article;
(2)
That the proposals for maintenance and conservation of the common
open space are adequate in the amount, location, and purpose;
(3)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(4)
In the case of a proposed Planned Educational Campus, which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and the
residents, occupants and owner of the proposed Planned Educational
Campus in the total completion of the development are adequate;
(5)
That the Planned Educational Campus will be developed in accordance
the provisions and requirements of terms of the Township's plan endorsement
approval that may be in effect at the time of the application;
(6)
All structures must meet life and safety requirements of the
New Jersey Building Code; and
(7)
Adequate fenced areas to be provided for the bulk garbage collection/compacting.
J.
Public Housing — PH-1
Within this zone shall be located only those buildings or structures
as shall be erected by the housing authority of the Township of Lakewood
in the County of Ocean, pursuant to the rules and regulations of the
Public Housing Administration, the State of New Jersey and the Township
of Lakewood governing public housing for senior citizens or low income
housing.
1.
Permitted Use — Senior Citizen.
The permitted use for the tract of lands described in the zoning
map as PH-1 — Public Housing shall be for only senior
citizen housing projects undertaken by the Housing Authority of the
Township of Lakewood pursuant to annual contributions contract between
the housing authority of the Township and the United States Department
of Housing and Urban Development (HUD).
All senior citizen projects shall be constructed pursuant to
the requirements set forth in this chapter, except that the following
shall apply to the PH-1 — Public Housing Zone only:
a.
Minimum area: 1.7 acres; minimum dwelling units: ten.
b.
Minimum floor area for an "efficiency" type dwelling unit with zero
bedrooms shall be 350 square feet.
c.
Minimum floor area for a one-bedroom unit shall be 540 square feet
of living space.
d.
Minimum floor area for two-bedroom units shall be 720 square feet
of living space.
e.
Off-street parking shall be required. At least two off-street parking
spaces shall be provided for each five living units. This provision
shall be in addition to any required access roads, sidewalks, or service
areas and the location of the spaces must be shown on the approved
preliminary and final plan.
f.
No more than two persons shall be permitted to occupy an "efficiency"
unit.
2.
Permitted Uses — Low-Income Housing.
The lands described in the zoning map as PH-1 — Public
Housing are hereby limited to use as low-income housing pursuant to
the annual contributions contract between the housing authority of
the Township and the United States Department of Housing and Urban
Development (HUD), and the following shall apply.
a.
Those uses permitted in Residential R-7.5 Zone.
b.
Those uses permitted in Multi-Family R-M Zone.
c.
Minimum floor area for an "efficiency" type dwelling unit with zero
bedrooms shall be 350 square feet.
d.
Minimum floor area for a one-bedroom unit shall be 540 square feet
of living space.
e.
Minimum floor area for a two-bedroom unit shall be 720 square feet
of living space.
f.
Off-street parking spaces shall be provided. Not less than one space
per living unit shall be provided and this shall not include service
or access roads, walks or service areas.
3.
Conflicting Provisions.
Any provisions of this section conflicting with other provisions
of this chapter shall supersede such other provisions. In all other
respects, any applicable provisions of this chapter shall continue
to apply to public housing.
K.
Office Transitional Use (OT)
1.
Permitted Uses:
a.
Single family residences as existing at the time of passage of this
subsection.
b.
Professional offices including:
c.
Attorneys and counselors-at-law.
d.
Accountants and certified public accountants.
e.
Architects.
f.
Chiropodists and chiropractors.
g.
Dentists.
h.
Medical Doctors.
i.
Real Estate brokers.
j.
Engineers and land surveyors.
k.
Insurance brokers.
l.
Stockbrokers.
m.
Optometrists, oculists, and osteopaths.
n.
Psychologists.
o.
Marriage counselors licensed by the State of New Jersey.
p.
Other similar professional offices.
q.
Executive offices, where no product will be displayed for sale.
2.
Design Standards. All permitted uses except houses of worship, parish
houses and Sunday schools.
|
a. Area Requirements
| |
|
Minimum lot area
|
10,000 square feet
|
|
Minimum lot width
|
75 feet
|
|
Front Yard Setback
|
25 feet
|
|
Side Yard Setback (one)
|
12 feet
|
|
Side Yard Setback (both)
|
25 feet
|
|
Rear Yard Setback
|
15 feet
|
|
Accessory Building
| |
|
Rear Yard Setback
|
7 feet
|
|
Side Yard Setback
|
7 feet
|
|
Maximum Building Coverage
|
25%
|
|
Maximum Building Height
|
35 feet.
|
3.
Churches and houses of worship, parish houses, and Sunday schools
|
a. Area requirements
| |
|
Minimum lot size
|
10,000 square feet
|
|
Minimum lot width
|
75 feet
|
|
Front setback
|
25 feet
|
|
Side yard (one)
|
12 feet
|
|
Side yard (both)
|
25 feet
|
|
Rear yard
|
15 feet
|
|
Accessory Building
| |
|
Rear
|
7 feet
|
|
Side
|
7 feet
|
|
Percent Maximum lot coverage
|
25 percent
|
|
Maximum height
|
35 feet
|
L.
Single Family Residential (R-10A)
3.
Accessory Uses:
a.
Private residential garages.
b.
Sheds.
c.
Greenhouses.
d.
Private swimming pools.
e.
Home occupations, provided that the sum of all such uses in a dwelling
complies with the following standards:
(1)
The home occupation may not employ more than two people at any
one time who are not a member of the household residing in the dwelling.
(2)
The home occupation shall primarily be conducted in a manner
that does not bring more than one client at a time to the premises.
(3)
The residential character of the exterior of the structure appearance
shall not be compromised.
(4)
Not more than 25% of the total floor area of the dwelling may
be devoted to the home occupation use.
(5)
There shall be no outdoor storage or display of materials, products
or equipment.
(6)
One off-street parking space must be provided in addition to
those required for the dwelling if a nonresident person is employed
in conjunction with the home occupation use.
(7)
Deliveries are permitted by way of UPS, FedEx or other similar
agencies.
4.
Design Regulations — For all uses except for places of worship.
M.
Oak Street Core Neighborhood Overlay Zone-1.
[Ord. No. 2017-51 § 13]
1.
Purpose: The Oak Street Core Neighborhood Overlay Zone-1 is intended
to provide an optional development technique for residential and school
development consistent with the surrounding area, offer a sufficient
buffer to existing neighborhoods and provide a new north-south pedestrian-oriented
linkage from Pine Street to Oak Street.
[Ord. No. 2017-51 § 10]
2.
Location: The underlying zones for the Oak Street Core Neighborhood
Overlay Zone are the R-20 and R-40/20 C Residential Zones. The Overlay
Zone consists of the following blocks: 824, 824.01, 825, 828, 829,
830, and 853 and is generally located south of Pine Street and west
of Albert Avenue. The area contains a number of paper streets some
of which will be vacated.
[Ord. No. 2017-51 § 11]
3.
Unified Development: To achieve the goals of the Oak Street Core
Neighborhood Overlay Zone-1, it is critical that development of the
permitted uses in the zone occurs in a unified or overall manner.
Piecemeal development is discouraged.
[Ord. No. 2017-51 § 12]
4.
Street Development: The Overlay Zone shall be developed with a north-south
street with a service road to serve the permitted uses in accordance
with the street location plan and street cross-section prepared by
T&M Associates, entitled "Street Plan, Oak Street Core Neighborhood"
one sheet, dated 2014. The single-family detached and townhouse sub-district
will also be served by internal streets based on the design of the
property owner.
5.
Maximum Residential Density: The maximum gross density in the area
of the tract devoted to residential development shall not exceed six
units per acre. For the purpose of calculating the gross residential
density, the tract area devoted to residential development shall include
both the area of the R-12 and Single Family/Townhouse sub-districts,
excluding public rights-of-way, after subtracting the area of the
school sub-district.
6.
Use and Bulk Regulations: In addition to the applicable requirements
of the underlying zone districts, the following uses are permitted
in accordance with the design regulations provided herein:
a.
R-12 Sub-District:
(1)
Permitted Uses: Single Family Detached Housing.
(2)
Accessory Uses: Private residential garages, sheds, greenhouses,
and private swimming pools; home occupations in accordance with the
standards established by 18-902E.
(3)
Design Regulations:
(a)
Minimum Lot Area: 12,000 square feet.
(b)
Minimum Lot Width: 75 feet.
(c)
Minimum Front Yard Setback: 30 feet.
(d)
Minimum Rear yard Setback: 20 feet.
(e)
Minimum Side Yard Setback: 10 feet with an aggregate
of 25 feet.
(f)
Maximum Building Coverage: 25%.
(g)
Maximum Building Height: 35 feet.
(i)
Buffer to Albert Avenue neighborhood: A twenty-five
foot wide undisturbed buffer, after the vacation of Charity Tull Avenue,
bordering the west side of the Albert Avenue neighborhood shall be
provided on the east side of the tract.
b.
Single-Family Detached and Townhouse Sub-District:
(1)
Permitted Uses: Single-family detached and townhouse (single-family
attached) development.
(2)
Accessory Uses: uses customarily incidental and accessory to
single-family detached and townhome dwellings.
(3)
Townhouse Design Regulations:
(a)
Minimum sub-district size shall be one-half (0.5)
acre.
(b)
Sub-district boundaries: From all other property
lines - 20 feet.
(c)
Minimum sub-district width - 125 feet.
(d)
Minimum sub-district depth - 100 feet.
(e)
The overall single family-detached and townhouse
sub-district may be subdivided to provide fee-simple ownership for
the individual townhouse units. The following shall apply to the individual
townhouse lots:
(5)
Minimum distance between townhouse buildings - 10 feet.
(6)
Maximum units per townhouse structure — eight.
(7)
Maximum townhouse building length - 240 feet.
(8)
Design: Separate rows of townhouses shall incorporate different
design elements to distinguish the buildings from each other. Such
elements may include varied facade colors or materials; building ornamentation;
window treatments; window placements; porches or stoops; roof-lines;
or any other architectural element that accomplishes the intent of
varied design.
(9)
Each unit shall have an area designated for the storage of trash
and recycling containers. All trash containers shall be screened from
view. Screening should blend with the building exterior.
(10)
All residential development shall provide a usable rear yard
depth of at least 15 feet, including the rear yard setback. Decks
shall be permitted within the usable yard area, but detention/retention
facilities, drainage swales, or any easements which would inhibit
the use of the rear yard are prohibited. For the purposes of this
section a drainage swale with side slopes exceeding 1:10 and a depth
exceeding 18 inches shall be established as the limit which inhibits
use of this yard and is therefore prohibited.
(11)
Architectural drawings of the front, side and rear elevations
of townhouse structures shall be provided. Architectural drawings
should also be provided if the HVAC equipment is to be located on
the roof.
(12)
All areas put into common ownership for common use by all residents
shall be owned by a nonprofit homeowners association in accordance
with the requirements of the Department of Community Affairs and the
following:
(a)
Deed restrictions and covenants shall be provided
in accordance with the requirements and standards of the Department
of Community Affairs.
(b)
The homeowners association shall be responsible
for the ownership and maintenance of all common space and any streets
not accepted by the Township.
(c)
This organization shall not be dissolved nor shall
it dispose of any common open space, by sale or otherwise, except
to another organization conceived and established to own and maintain
the common open space and non-dedicated streets.
(d)
The homeowners association shall be established
prior to any certificates of occupancy being issued. Membership of
the association shall be automatic and mandatory for each owner of
dwelling unit and any succeeding owner thereto, being accomplished
by the purchase of a dwelling unit in the development.
(e)
The association shall guarantee access to all the
common areas to all persons legally residing in the development.
(f)
The association shall be responsible for liability
insurance and taxes.
(g)
A certificate of incorporation shall contain provisions
so that adequate funds will be available for maintenance.
(h)
The documents establishing the association shall
provide a plan for the maintenance of all common areas and undedicated
streets.
(13)
Parking shall be provided within 150 feet of the structure.
(14)
All units shall be designed with a unified architectural style.
(15)
Variations in setback and building facades shall be provided.
(16)
All HVAC equipment shall be located in rear or side yards and
shall be buffered from adjoining properties and units, or shall be
placed on rooftops.
(17)
Maximum building coverage of the townhouse sub-district: 35%.
(18)
Buffer to Block 830.04: A twenty-five foot wide undisturbed
buffer or dense landscaping shall be provided adjacent to the existing
dwellings on Block 830.04. This buffer requirement shall not apply
to the stormwater basin on Lot 47.
c.
School Sub-District:
(1)
Permitted Uses—Public and private schools. With the exception
of dormitories as defined in this sub-section, no residential use
shall be permitted in the school sub-district.
(2)
Accessory Uses: Uses customarily incidental and accessory to
the school use including but not limited to dormitories, off-street
parking, basketball court or gymnasium, swimming pools, playgrounds
and play equipment and recreation facilities/athletic fields. For
the purpose of this subsection, the term "dormitory" shall mean a
building used as group quarters for a student body or religious order
as an accessory use to a college, university, boarding school, convent,
monastery or similar institutional use.
(3)
Design Regulations:
(a)
Maximum Lot Area: 5 acres.
(b)
Minimum Lot Area: 3 acres.
(c)
Minimum Lot Width: 75 feet.
(d)
Minimum Front Yard Setback: 30 feet.
(e)
Minimum Rear yard Setback: 20 feet.
(f)
Minimum Side Yard Setback: 10 feet with an aggregate
of 25 feet.
(g)
Maximum Building Coverage: 25%.
(h)
Maximum Building Height: 35 feet.
(4)
Buffer Requirements:
(a)
From the overlay zone boundary - 10 feet.
(b)
A required buffer shall be landscaped with trees,
shrubs, and other suitable plantings for beautification and screening.
Natural vegetation should be retained to the maximum degree possible.
On those sites where no existing vegetation is present or existing
vegetation is inadequate to provide screening, the applicant shall
suitably grade and plant the required buffer area, such that this
planting shall provide an adequate screen of at least six feet in
height so as to continually restrict the view. A minimum on-center
distance between plantings shall be such that upon maturity the buffer
will create a solid screen. The buffer may be supplemented with a
fence of solid material where necessary.
(c)
Parking is not permitted in any required buffer.
(e)
If a recreation area or areas are designated then
details shall be provided for such recreational areas. All play equipment
shall meet all required safety standards.
(f)
Bus loading and unloading areas shall be situated
in a manner so that children do not cross any traffic lane or parking
areas whatsoever, unless it is in area that is curbed and physically
separated from traffic circulation and specifically designated solely
for bus loading and unloading.
N.
Oak Street Core Neighborhood Overlay Zone-2
[Ord. No. 2014-51 § 3]
1.
Purpose. The Oak Street Core Neighborhood Overlay Zone-2 is intended
to provide an optional development technique for residential development
consistent with the surrounding area, offer a sufficient buffer to
existing neighborhoods, and provide a new north-south pedestrian-oriented
linkage from Pine Street to Oak Street.
2.
Location. The underlying zone for the Oak Street Core Neighborhood
Overlay Zone-2 is the R-40/20 C Residential Zone. The Overlay Zone
consists of the following blocks: 795, 800, 802, 803, 804, 805, 806.01,
821, 822, 823, and 830 and is generally located south of Pine Street
and west of Albert Avenue. The area contains a number of paper streets,
some of which will be vacated.
[Ord. No. 2017-51 § 14]
3.
Street Development. The Overlay Zone shall be developed with a north-south
street. The single-family detached and townhouse sub-district will
also be served by internal streets based on the design of the property
owner.
4.
Use and Bulk Regulations. In addition to the applicable requirements
of the underlying zone districts, the following uses are permitted
in accordance with the design regulations provided herein:
a.
R-12 Subdistrict:
(1)
Permitted Uses: Single Family Detached Housing.
(2)
Accessory Uses: Private residential garages, sheds, greenhouses, and private swimming pools; home occupations in accordance with the standards established by § 18-902E.
(3)
Design Regulations:
(a)
Minimum Lot Area: 12,000 square feet.
(b)
Minimum Lot Width: 75 feet.
(c)
Minimum Front Yard Setback: 30 feet.
(d)
Minimum Rear Yard Setback: 20 feet.
(e)
Minimum Side Yard Setback: 10 feet with an aggregate
of 25 feet.
(f)
Maximum Building Coverage: 25%.
(g)
Maximum Building Height: 35 feet.
(i)
Buffer to Albert Avenue neighborhood: A 25-foot
wide undisturbed buffer, after the vacation of Charity Tull Avenue,
bordering the west side of the Albert Avenue neighborhood (including
Blocks 798, 799, and 801), shall be provided on the east side of the
tract.
b.
Townhouse Subdistrict:
(1)
Permitted Uses: Townhouse (single-family attached) development.
(2)
Accessory Uses: Uses customarily incidental and accessory to
townhome dwellings.
(3)
Townhouse Design Regulations:
(a)
Minimum Lot Area: 2,000 square feet.
(b)
Minimum Lot Width: 20 feet.
(c)
Minimum Lot Depth: 80 feet.
(d)
Minimum Front Yard Setback with Garage: 20 feet.
(e)
Minimum Front Yard Setback without Garage: 10 feet.
(f)
Minimum Side Yard Setback: 0 feet for a common
wall; 10 feet for end units.
(g)
Minimum Rear Yard Setback: 15 feet.
(h)
Maximum Building Height: 35 feet.
(i)
Minimum distance between townhouse buildings- 12
feet.
(j)
Maximum units per townhouse structure- eight.
(k)
Maximum townhouse building length- 240 feet.
(l)
Maximum building coverage: 40%.
(m)
Maximum impervious coverage: 80%.
(5)
Design. Separate rows of townhouses shall incorporate different
design elements to distinguish the buildings from each other. Such
elements may include varied facade colors or materials; building ornamentation;
window treatments; window placements; porches or stoops; roof-lines;
or any other architectural element that accomplishes the intent of
varied design.
(6)
Each unit shall have an area designated for the storage of trash
and recycling containers. All trash containers shall be screened from
view. Screening should blend with the building interior.
(7)
All residential development shall provide a usable rear yard
depth of at least 15 feet, including the rear yard setback. Decks
shall be permitted within the usable yard area, but detention/retention
facilities, drainage swales, or any easements which would inhibit
the use of the rear yard are prohibited. For the purposes of this
section a drainage swale with side slopes exceeding 1:10 and a depth
exceeding 18 inches shall be established as the limit which inhibits
use of this yard and is therefore prohibited.
(8)
Architectural drawings of the front, side, and rear elevations
of townhouse structures shall be provided. Architectural drawings
should also be provided if the HVAC equipment is to be located on
the roof.
(9)
All areas put into common ownership for common use by all residents
shall be owned by a nonprofit homeowner's association in accordance
with the requirements of the Department of Community Affairs and the
following:
(a)
Deed restrictions and covenants shall be provided
in accordance with the requirements and standards of the Department
of Community Affairs.
(b)
The homeowner's association shall be responsible
for the ownership and maintenance of all common space and any streets
not accepted by the Township.
(c)
This organization shall not be dissolved nor shall
it dispose of any common open space, by sale or otherwise, except
to another organization conceived and established to own and maintain
the common open space and non-dedicated streets.
(d)
The homeowner's association shall be established
prior to any certificates of occupancy being issued. Membership of
the association shall be automatic and mandatory for each owner of
the dwelling unit and any succeeding owner thereto, being accomplished
by the purchase of a dwelling unit in the development.
(e)
The association shall guarantee access to all the
common areas to all persons legally residing in the development.
(f)
The association shall be responsible for the liability
insurance and taxes.
(g)
A certificate of incorporation shall contain provisions
so that adequate funds will be available for maintenance.
(h)
The documents establishing the association shall
provide a plan for the maintenance of all common areas and undedicated
streets.
(10)
Parking shall be provided within 150 feet of the structure.
(11)
All units shall be designed with a unified architectural style.
(12)
Variations in setback and building facades shall be provided.
(13)
All HVAC equipment shall be located in rear or side yards and
shall be buffered from adjoining properties and units, or shall be
placed on rooftops.
O.
(Reserved)
[Ord. No. 2014-52; repealed
by Ord. No. 2017-51 § 15]
P.
(Reserved)
[Ord. No. 2014-52 § 4;
repealed by Ord. No. 2017-51 § 16]
Q.
(Reserved)
[Ord. No. 2014-52 § 5;
repealed by Ord. No. 2017-51 § 17]
R.
(Reserved)
[Ord. No. 2014-61 § 3;
repealed by Ord. No. 2017-51 § 18]
S.
(Reserved)
[Ord. No. 2014-61 § 4;
repealed by Ord. No. 2017-51 § 19]
T.
(Reserved)
[Ord. No. 2014-61 § 5;
repealed by Ord. No. 2019-15 § 5]
U.
(Reserved)
[Ord. No. 2015-35 § 3; Ord. No. 2015-35 repealed by Court Order
on April 24, 2017 to delete the R-40B Zone]
V.
Riparian Buffer Conservation Overlay Zone
[Ord. No. 2017-24 § 2]
1.
Intent and Purpose.
The Governing Body of the Township of Lakewood finds that riparian lands adjacent to streams, lakes, or other surface water bodies that are adequately vegetated provide an important environmental protection and water resource management benefit. It is necessary to protect and maintain the beneficial character of riparian areas by implementing specifications for the establishment, protection, and maintenance of vegetation along the surface water bodies within the jurisdiction of Township of Lakewood, consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas. The purpose of this Subsection 18-902V is to designate riparian zones, and to provide for land use regulation therein for those riparian zones in order to protect the streams, lakes, and other surface water bodies of the Township of Lakewood; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within the Township of Lakewood; to protect the riparian and aquatic ecosystems of the Township of Lakewood; to provide for the environmentally sound use of the land resources of the Township of Lakewood, and to complement existing state, regional, county, and municipal stream corridor protection and management regulations and initiatives.
The specific purposes and intent of this Subsection 18-902V are to:
a.
Restore and maintain the chemical, physical, and biological integrity
of the water resources of the Township of Lakewood;
b.
Prevent excessive nutrients, sediment, and organic matter, as well
as biocides and other pollutants, from reaching surface waters by
optimizing opportunities for filtration, deposition, absorption, adsorption,
plant uptake, biodegradation, and de-nitrification, which occur when
stormwater runoff is conveyed through vegetated buffers as stable,
distributed flow prior to reaching receiving waters;
c.
Provide for shading of the aquatic environment so as to moderate
temperatures, retain more dissolved oxygen, and support a healthy
assemblage of aquatic flora and fauna;
d.
Provide for the availability of natural organic matter (leaves and
twigs) and large woody debris (trees and limbs) that provide food
and habitat for aquatic organisms (insects, amphibians, crustaceans,
and small fish), which are essential to maintain the food chain;
e.
Increase stream bank stability and maintain natural fluvial geomorphology
of the stream system, thereby reducing stream bank erosion and sedimentation
and protecting habitat for aquatic organisms;
f.
Maintain base flows in streams and moisture in wetlands;
g.
Control downstream flooding; and
h.
Conserve the natural features important to land and water resources,
e.g., headwater areas, ground water recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
2.
Statutory Authority.
The municipality of the Township of Lakewood is empowered to regulate land uses under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use to protect public health, safety and welfare by protecting and maintaining native vegetation in riparian areas. The Township of Lakewood is also empowered to adopt and implement this Subsection 18-902V under provisions provided by the following legislative authorities of the State of New Jersey:
a.
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
b.
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
c.
Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
d.
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
e.
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
3.
ACID PRODUCING SOILS
ADMINISTRATIVE AUTHORITY
APPLICANT
CATEGORY ONE WATERS OR C1 WATERS
CATEGORY TWO WATERS OR C2 WATERS
FLOODWAY
INTERMITTENT STREAM
LAKE, POND, OR RESERVOIR
PERENNIAL STREAM
RIPARIAN ZONE
RIPARIAN ZONE MANAGEMENT PLAN
SURFACE WATER BODY(IES)
THREATENED OR ENDANGERED SPECIES
TROUT MAINTENANCE WATER
TROUT PRODUCTION WATER
Definitions.
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
The Planning Board or Board of Adjustment or Construction
Office with all of the powers delegated, assigned, or assumed by them
according to statute or ordinance.
A person, corporation, Government Body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this Subsection 18-902V, and that would be located in whole or in part within a regulated Riparian Zone.
Shall have the meaning ascribed to this term by the Surface
Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing
the anti-degradation policies set forth in those standards, for protection
from measurable changes in water quality characteristics because of
their clarity, color, scenic setting, and other characteristics of
aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
or exceptional fisheries resources.
Those waters not designated as Outstanding Natural Resource
waters or Category One waters in the Surface Water Quality Standards,
N.J.A.C. 7:9B, for purposes of implementing the anti- degradation
policies set forth in those standards.
Shall have the meaning ascribed to this term by the Flood
Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations
promulgated there under published at N.J.A.C. 7:13 et seq., and any
supplementary or successor legislation and regulations from time to
time enacted or promulgated.
A surface water body with definite bed and banks in which
there is not a permanent flow of water and shown on the New Jersey
Department of Environmental Protection Geographic Information System
(GIS) hydrography coverages.
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (GIS) hydrography
coverages or, in the case of C1 waters as shown on the USGS quadrangle
map or in the County Soil Surveys; that is an impoundment, whether
naturally occurring or created in whole or in part by the building
of structures for the retention of surface water. This excludes sedimentation
control and stormwater retention/detention basins and ponds designed
for treatment of wastewater.
A surface water body that flows continuously throughout the
year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (GIS) hydrography coverages
or, in the case of C1 waters as shown on the USGS quadrangle map or
in the County Soil Surveys.
The land and vegetation within and directly adjacent to all
surface water bodies including, but not limited to lakes, ponds, reservoirs,
perennial and intermittent streams, up to and including their point
of origin, such as seeps and springs, as shown on the New Jersey Department
of Environmental Protection's GIS hydrography coverages or, in the
case of C1 waters as shown on the USGS quadrangle map or in the County
Soil Surveys.
A plan approved by the Engineer of the Township of Lakewood.
The plan shall be prepared by a landscape architect, professional
engineer or other qualified professional, and shall evaluate the effects
of any proposed activity/uses on any riparian zone. The plan shall
identify existing conditions, all proposed activities, and all proposed
management techniques, including any measures necessary to offset
disturbances to any affected riparian zone.
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any regulated water under
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State
open waters identified in a Letter of Interpretation issued under
the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by
the New Jersey Department of Environmental Protection Division of
Land Use Regulation shall also be considered surface water bodies.
A species identified pursuant to the Endangered and Nongame
Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered
Species Act of 1973, 16 U.S.C. §§ 1531 et seq. or the
Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent
amendments thereto.
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
4.
Establishment of Riparian Zones.
a.
Riparian zones adjacent to all surface water bodies shall be protected
from avoidable disturbance and shall be delineated as follows:
(1)
The riparian zone shall be 300 feet wide along both sides of
any Category One water (C1 water), and all upstream tributaries situated
within the same HUC 14 watershed.
(2)
The riparian zone shall be 150 feet wide along both sides of
the following waters not designated as C1 waters:
(a)
Any trout production water and all upstream waters
(including tributaries);
(b)
Any trout maintenance water and all upstream waters
(including tributaries) within one linear mile as measured along the
length of the surface water body; and
(c)
Any segment of a water flowing through an area
that contains a threatened or endangered species, and/or present or
documented habitat for those species, which is critically dependent
on the regulated water for survival, and all upstream waters (including
tributaries) within one mile of such habitat (measured along the length
of the regulated water)..
(3)
For all other regulated waters, a riparian zone of 50 feet wide
shall be maintained along both sides of the water.
b.
The portion of the riparian zone that lies outside of a surface water
body is measured landward from the top of bank. If a discernible bank
is not present along a regulated water, the portion of the riparian
zone outside the regulated water is measured landward as follows:
(1)
Along a linear fluvial or tidal water, such as a stream or swale,
the riparian zone is measured landward of the feature's center line;
(2)
Along a non-linear fluvial water, such as a lake or pond, the
riparian zone is measured landward of the normal water surface limit;
(3)
Along a non-linear tidal water, such as a bay or inlet, the
riparian zone is measured landward of the mean high water line; and
(4)
Along an amorphously-shaped feature such as a wetland complex,
through which water flows but which lacks a definable channel, the
riparian zone is measured landward of the feature's center line. Where
slopes (in excess of 15 percent) are located within the designated
widths, the riparian zone shall be extended to include the entire
distance of this sloped area to a maximum of 300 feet.
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For areas adjacent to surface water bodies for which the floodway
has been delineated per the Flood Hazard Area Control Act rules at
N.J.A.C. 7:13-3 or the State's adopted floodway delineations, the
riparian zone shall cover the entire floodway area, or the area described
in Subsection V4 above, whichever area has the greatest extent. Requests
for alterations to the adopted delineations can be provided to the
New Jersey Department of Environmental Protection for consideration
if site specific information is available.
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c.
A riparian zone is an overlay to the existing zoning districts. The
provisions of the underlying district shall remain in full force except
where the provisions of the riparian zone differ from the provisions
of the underlying district, in which case the provision that is more
restrictive shall apply. These provisions apply to land disturbances
resulting from or related to any activity or use requiring application
for any of the following permits or approvals:
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•
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Building permit
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•
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Zoning variance
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•
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Conditional use
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•
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Subdivision/site plan/land development approval
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d.
A map of the riparian zones of the entire municipality of Lakewood Township that the Town may be aware of, including all land and water areas within its boundaries, which designates surface water bodies, is included as part of this Subsection 18-902V, and is appended as Figure 1.0. Maps of the municipality on which these designations have been overlain shall be on file and maintained by the offices of the Clerk of the Township of Lakewood.
e.
The applicant or designated representative shall be responsible for
the initial determination of the presence of a riparian zone on a
site, and for identifying the area on any plan submitted to the Township
of Lakewood in conjunction with an application for a construction
permit, subdivision, land development, or other improvement that requires
plan submissions or permits. This initial determination shall be subject
to review and approval by the Municipal Engineer and the New Jersey
Department of Environmental Protection.
f.
The municipal Master Plan provides the legal basis for zoning and
land use regulation at the local level. The technical foundation for
local riparian zones in this municipality should be incorporated into
the Master Plan. A technical report on the need for riparian zones
in the Township of Lakewood may be adopted as part of the Master Plan,
N.J.S.A 40:55D-28b(11). The technical report should include the following
information: a statement setting forth the rationale and need to protect
riparian zones; and reference to the methods used to designate and
delineate riparian zones.
g.
Exemptions. Instead of the riparian zone protection requirements
above, the applicant must demonstrate compliance with one of the following:
(1)
The proposed disturbance in a riparian zone is for a linear
development with no feasible alternative route. If the riparian zone
is associated with Category One waters, the linear development must
also meet the requirements for disturbance of a riparian zone under
the Flood Hazard Area Control Act Rules N.J.A.C. 7:13;
(2)
The proposed disturbance in a riparian zone is in accordance
with a stream corridor restoration or stream bank stabilization plan
or project approved by the New Jersey Department of Environmental
Protection;
(3)
The proposed disturbance of a riparian zone is necessary to
provide for public pedestrian access or water dependent recreation
that meets the requirements of the Freshwater Wetlands Protection
Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules,
N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7;
(4)
The proposed disturbance of a riparian zone is required for
the remediation of hazardous substances performed with New Jersey
Department of Environmental Protection or Federal oversight pursuant
to the Spill Compensation and Control Act, N.J.S.A. 58:10- 23.11a
et seq. or the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.;
(5)
The proposed disturbance is for redevelopment that does not
exceed the limits of existing impervious surfaces;
(6)
The proposed disturbance would prevent extraordinary hardship
on the property owner peculiar to the property; or prevent extraordinary
hardship, provided the hardship was not created by the property owner,
that would not permit a minimum economically viable use of the property
based upon reasonable investment; and/or
(7)
Demonstrate through site plans depicting proposed development
and topography that new disturbance is not located in areas with a
20 percent or greater slope, except as allowed under Subsection g(6)
above.
5.
Uses Permitted in Riparian Zones.
For riparian zones in Category One waters (C1 waters), permitted
uses are governed the Flood Hazard Area Control Act rules, N.J.A.C.
7:13, unless otherwise exempt.
a.
Any other riparian zone area shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this ordinance may be restored to a natural condition. There shall be no clearing or cutting of trees and brush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species. There shall be no altering of watercourses, dumping of trash, soil, dirt, fill, vegetative or other debris, regrading or construction. The following uses are permitted either by right or after review and approval by the municipality in riparian zones. No new construction, development, use, activity, encroachment, or structure shall take place in a riparian zone, except as specifically authorized in this Subsection 18-902V. The following uses shall be permitted within a riparian zone:
(1)
Open space uses that are primarily passive in character shall
be permitted by right to extend into a riparian zone, provided near
stream vegetation is preserved. These uses do not require approval
by the Zoning Enforcement Officer or compliance with an approved Riparian
Zone Management Plan. Such uses include wildlife sanctuaries, nature
preserves, forest preserves, fishing areas, game farms, fish hatcheries
and fishing reserves, operated for the protection and propagation
of wildlife, but excluding structures. Such uses also include passive
recreation areas of public and private parklands, including unpaved
hiking, bicycle and bridle trails, provided that said trail have been
stabilized with pervious materials.
(2)
Fences, for which a permit has been issued by the Construction
Code Office, to the extent required by applicable law, rule or regulation.
(3)
Crossings by farm vehicles and livestock, recreational trails,
roads, railroads, storm water lines, sanitary sewer lines, water lines
and public utility transmission lines, provided that the land disturbance
is the minimum required to accomplish the permitted use, subject to
approval by the Zoning Enforcement Officer, provided that any applicable
State permits are acquired, and provided that any disturbance is offset
by buffer improvements in compliance with an approved Riparian Zone
Management Plan and that the area of the crossing is stabilized against
significant erosion due to its use as a crossing.
(4)
Stream bank stabilization or riparian reforestation, which conform
to the guidelines of an approved Riparian Zone Management Plan, or
wetlands mitigation projects that have been approved by the New Jersey
Department of Environmental Protection, subject to approval by the
Zoning Enforcement Officer and subject to compliance with an approved
Riparian Zone Management Plan.
6.
Performance Standards for Riparian Zones.
a.
All encroachments proposed into riparian zones in C1 waters shall
comply with the requirements of the Stormwater Management rule at
N.J.A.C. 7:8- 5.5(h) and the Flood Hazard Area Control Act rules,
N.J.A.C. 7:13, and shall be subject to review and approval by the
New Jersey Department of Environmental Protection, unless exempt.
b.
For all other riparian zones, the following conditions shall apply:
(1)
All new major and minor subdivisions and site plans shall be
designed to provide sufficient areas outside of the riparian zone
to accommodate primary structures, any normal accessory uses appurtenant
thereto, as well as all planned lawn areas.
(2)
Portions of lots within the riparian zone must be permanently
restricted by deed or conservation easement held by the Township of
Lakewood, its agent, or another public or private land conservation
organization which has the ability to provide adequate protection
to prevent adverse impacts within the riparian zone. A complete copy
of the recorded conservation restriction that clearly identifies the
deed book and pages where it has been recorded in the office of the
clerk of the applicable county or the registrar of deeds and mortgages
of the applicable county must be submitted to the municipality. The
applicant shall not commence with the project or activity prior to
making this submittal and receiving actual approval of the plan modification
and receipt of any applicable permits from the New Jersey Department
of Environmental Protection. The recorded conservation restriction
shall be in the form approved by the municipality and shall run with
the land and be binding upon the property owner and the successors
in interest in the property or in any part thereof. The conservation
restriction may include language reserving the right to make de minimus
changes to accommodate necessary regulatory approvals upon the written
consent of the municipality, provided such changes are otherwise consistent
with the purpose and intent of the conservation restriction. The recorded
conservation restriction shall, at a minimum, include:
(a)
A written narrative of the authorized regulated
activity, date of issuance, and date of expiration, and the conservation
restriction that, in addition, includes all of the prohibitions set
forth at N.J.S.A. 13:8B-2b (1) through (7);
(b)
Survey plans for the property as a whole and, where
applicable, for any additional properties subject to the conservation
restrictions. Such survey plans shall be submitted on the surveyor's
letterhead, signed and sealed by the surveyor, and shall include metes
and bounds descriptions of the property, the site, and the areas subject
to the conservation restriction in New Jersey State Plane Coordinates,
North American Datum 1983, and shall depict the boundaries of the
site and all areas subject to the conservation restriction as marked
with flags or stakes on site. All such survey plans shall be submitted
on paper and in digital CAD or GIS file on a media and format defined
by the municipality. The flags or stakes shall be numbered and identified
on the survey plan; and
(c)
A copy or copies of deeds for the property as a
whole that indicate the deed book and pages where it has been recorded
in the office of the clerk of the applicable county or the registrar
of deeds and mortgages of the applicable county.
(3)
Any lands proposed for development which include all or a portion
of a riparian zone shall as a condition of any major subdivision or
major site plan approval, provide for the vegetation or re-vegetation
of any portions of the riparian zone which are not vegetated at the
time of the application or which were disturbed by prior land uses,
including for agricultural use. Said vegetation plan shall utilize
native and non- invasive tree and plant species to the maximum extent
practicable in accordance with an approved Riparian Zone Management
Plan.
(4)
For building lots which exist as of the date of adoption of this Subsection 18-902V, adopted on 12-7-17 by Ord. No. 2017-24, but for which a building permit or a preliminary site plan approval has not been obtained or is no longer valid, the required minimum front, side, and rear setbacks may extend into the riparian zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the riparian zone.
(5)
All stormwater shall be discharged outside of but may flow through
a riparian zone and shall comply with the Standard For Off-Site Stability
in the "Standards for Soil Erosion and Sediment Control in New Jersey,"
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq. (See N.J.A.C. 2:90-1.3.)
(6)
If stormwater discharged outside of and flowing through a riparian
zone cannot comply with the Standard for Off-Site Stability, then
the proposed stabilization measures must meet the requirements of
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-10.2 et seq.,
and have an approved flood hazard area permit.
7.
Nonconforming Structures and Uses in Riparian Zones.
Nonconforming structures and uses of land within the riparian
zone are subject to the following requirements:
a.
Legally existing but nonconforming structures or uses may be continued.
b.
Any proposed enlargement or expansion of the building footprint within
the riparian zone of a C1 water shall comply with the standards in
the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood
Hazard Area Control Act rules, N.J.A.C. 7:13.
c.
For all other riparian zones:
(1)
Encroachment within the riparian zone shall only be allowed
where previous development or disturbance has occurred and shall be
in conformance with the Stormwater Management rules, N.J.A.C. 7:8,
and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
(2)
Existing impervious cover shall not be increased within the
riparian zone, as a result of encroachments where previous development
or disturbances have occurred.
(3)
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose of the applicable regulations than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed Best Management Practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this Ordinance No. 2017-24 establishing Subsection 18-902V.
8.
Uses Prohibited in Riparian Zones.
a.
Any use within a riparian zone of a C1 water shall comply with the
standards in the Stormwater Management rules at N.J.A.C. 7:8-5.5(h)
and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
b.
For other riparian zones, any use or activity not specifically authorized
in Subsections 18-902V5 or V7 shall be prohibited within the riparian
zone. By way of example, the following activities and facilities are
prohibited:
(1)
Removal or clear-cutting of trees and other vegetation or soil
disturbance such as grading, except for selective vegetation removal
for the purpose of stream or riparian area stabilization or restoration
projects that require vegetation removal or grading prior to implementation.
(2)
Storage of any hazardous or noxious materials.
(3)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Soil Conservation District.
(4)
Roads or driveways, except where permitted in compliance with Subsection 18-902V and applicable FHA rules.
(6)
Parking lots.
(7)
Any type of permanent structure, except structures needed for
a use permitted by Subsection 18-902V5.
(8)
New subsurface sewage disposal system areas. The expansion and
replacement of existing subsurface sewage disposal system areas for
existing uses is permitted.
9.
Enforcement.
A prompt investigation shall be made by the appropriate personnel of the Township of Lakewood, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this Subsection 18-902V is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this Subsection 18-902V shall be construed to preclude the right of the Township of Lakewood, pursuant to N.J.S.A 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this Subsection 18-902V shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this Subsection 18-902V. Each day a violation continues shall be considered a separate offense.
Actions taken in the event of non-compliance shall be governed
by the Revised General Ordinances of the Township of Lakewood.
[Ord. No. 2005-96 § 3; Ord. No. 2006-3 § 5; Ord. No. 2006-38 §§ 2,3; Ord. No. 2006-39 § 2; Ord. No. 2008-12 § 2; Ord. No. 2009-40 § 2; Ord. No. 2009-45 § 1; Ord. No. 2010-19 § 1; Ord. No. 2018-20 § 1; Ord. No. 2010-29 § 1; Ord. No. 2011-3 § 1; Ord. No. 2011-11 § 1; Ord. No. 2011-17 § 2; Ord. No. 2011-40 § 1; Ord. No. 2012-04 § 2; Ord. No. 2012-52 § 2; Ord. No. 2013-7; Ord. No.
2013-16; Ord. No. 2013-18; Ord. No. 2013-31 § 2; Ord. No. 2013-49; Ord.
No. 2013-51 §§ 3-8; Ord. No. 2013-59 § 2; Ord. No. 2013-60 § 2; Ord. No. 2013-74 §§ 1,2; Ord. No. 2014-32 § 3; Ord. No. 2016-11 §§ 4-9; Ord. No. 2017-11; Ord.
No. 2017-13; Ord. No. 2017-51 §§ 20-28; Ord. No. 2018-54]
A.
Neighborhood Business Zone (B-1)
1.
Permitted Uses:
a.
All uses permitted in the RM zoning district.
c.
Service activities of and similar to the following types may be permitted:
(1)
Barber and Beauty Shops.
(2)
Tailor and dressmakers.
(3)
Dry cleaning collection but not processing.
(4)
Shoe repair.
(5)
Self-service laundry facilities.
(6)
Radio and television services.
(7)
Banks.
(8)
Theaters - except for open air theaters.
(9)
Upholstery shops.
(10)
Professional offices.
(11)
Offices, restaurants and similar services.
(12)
Bus passenger stations, terminal, railroad stations and taxi
stands.
(13)
Funeral Parlors.
(14)
Telephone exchanges, telecommunication, telegraph and express
offices.
(15)
Car and van rental agencies, including an office and parking areas for rental vehicles; subject to the limitation of one rental vehicle per parking space. Two parking spaces required for the office and one parking space for each rental vehicle. All rental vehicles must be parked in designated parking spaces. Parking lots to conform to the requirements of § 18-807, except for § 18-807B, which shall not apply to a car and van rental agency in any zone. Car and van rental agencies shall be permitted to offer for retail sale vehicles from their inventory fleet as a component of the rental operations.
[Amended 3-4-2021 by Ord. No. 2021-19]
(16)
Parking lots.
3.
Places of worship including parish house and classrooms in accordance with the requirements of § 18-905 and the bulk standards below.
4.
Public and private schools in accordance with the requirements of § 18-906 and the bulk standards below.
6.
Design Regulations (Non-Residential):
a.
Front Yard Setback — 15 feet.
b.
Rear Yard Setback — 10 feet.
c.
Side Yard Setback — 7 feet with an aggregate of 15 feet. A
side yard setback is not required between two business uses.
d.
Maximum Building Height — 35 feet.
e.
Accessory Uses - Not to be located within a front yard. A 5 foot
side and rear yard setback is required.
7.
Design Regulations (Single-Family and Two-Family):
a.
Minimum Lot Area — 7,500 square feet for single family and
10,000 square feet for two family structures.
b.
Minimum Lot Width — 50 feet.
c.
Front Yard Setback — 25 feet.
d.
Rear Yard Setback — 15 feet.
e.
Side Yard Setback — 7 feet with an aggregate of 15 feet.
g.
Maximum Building Coverage — 30%.
h.
Maximum Building Height — 35 feet.
8.
Design Regulations (Multi-Family Dwellings):
a.
Minimum Lot Area - 12,500 square feet.
b.
Minimum Lot Width - 100 feet.
c.
Maximum Building Coverage - 40%
d.
Front Yard Setback - 20 feet.
e.
Rear Yard Setback - 20 feet.
f.
Side Yard Setback (Each) - 20 feet.
g.
Maximum Density - 22 dwelling units per gross acre.
h.
Maximum Building Height - 65 feet.
9.
Design Regulations (Combined Business and Residential Uses):
B.
Central Business Zone (B-2)
1.
Permitted Uses:
a.
All uses permitted in Zone B-1 and R-M zones. Notwithstanding anything
contained herein to the contrary, combined business and residential
uses are not to be considered as multi-family dwelling structures
for the purposes of this section. Combined business and residential
uses are hereby expressly prohibited in all B-2 zones within the Township
of Lakewood.
b.
Stores and shops for the conducting of any customary retail or service
establishment.
c.
Baking, laundry, printing, upholstering and similar establishments
and businesses of a similar and no more objectionable character, subject
to the following provisions:
d.
Banks (except drive-in facilities), theaters (except open air), offices,
restaurants and similar services.
e.
Bowling alleys.
3.
Design Regulations (Non-Residential):
a.
Rear Yard Setback — 10 feet.
b.
Side Yard Setback — 7 feet with an aggregate of 15 feet. A
side yard setback is not required between two business uses.
c.
Maximum Building Height — 65 feet.
d.
Accessory Uses - Not to be located within a front yard. A 5 foot
side and rear yard setback is required.
4.
Design Regulations (Single-Family and Two Family):
a.
Minimum Lot Area — 7,500 square feet for single family and
10,000 square feet for two family structures.
b.
Minimum Lot Width — 50 feet.
c.
Front Yard Setback — 25 feet.
d.
Rear Yard Setback — 15 feet.
e.
Side Yard Setback — 7 feet with an aggregate of 15 feet.
g.
Maximum Building Coverage — 30%.
h.
Maximum Building Height — 35 feet.
5.
Design Regulations (Multi-Family Dwellings):
a.
Minimum Lot Area - 12,500 square feet.
b.
Minimum Lot Width - 100 feet.
c.
Maximum Lot Coverage - 40%.
d.
Front Yard Setback - 20 feet.
e.
Rear Yard Setback - 20 feet.
f.
Side Yard Setback (Each) - 20 feet.
g.
Maximum Density - 22 dwelling units per gross acre.
h.
Maximum Building Height - 65 feet.
C.
Highway Business Zone (B-3)
1.
Permitted Uses:
a.
All principal uses permitted in the B-1 district, except multi-family
dwellings.
b.
Places of worship including parish house and classrooms in accordance with the requirements of § 18-905 and the bulk standards below.
c.
Public and private schools in accordance with the requirements of § 18-906 and the bulk standards below.
d.
Community-based health care facility, so long as the site has frontage
on a state highway or county road.
D.
Wholesale Service Zone (B-4)
[Ord. No. 2017-13]
1.
Permitted Uses:
a.
All principal uses permitted in the B-3 district, excluding multi-family
residential.
b.
Lumber, coal, grain and feed storage yards.
c.
Wholesale, storage and warehousing facilities.
d.
Cold storage, ice manufacturing and storage.
e.
New or used car lots.
f.
Baking, laundry, printing upholstering, woodworking and cabinetry
shops and similar establishment, and business of a similar and no
more objectionable character.
[Ord. No. 2017-13]
4.
Design Regulations (Single-Family and Two-Family):
a.
Minimum Lot Area — 7,500 square feet for single family and
10,000 square feet for two family structures.
b.
Minimum Lot Width — 50 feet.
c.
Front Yard Setback — 25 feet.
d.
Rear Yard Setback — 15 feet.
e.
Side Yard Setback — 7 feet with an aggregate of 15 feet.
g.
Maximum Building Coverage — 30%.
h.
Maximum Building Height — 35 feet.
E.
Highway Development Zone (B-5)
1.
Permitted Uses:
[Ord. No. 2017-11; Ord. No. 2018-54]
a.
Office buildings for professional, executive, engineering or administrative
purposes, including accounting and sale functions.
b.
Retail Stores and Shops.
c.
Indoor theaters, assembly halls, bowling alleys and similar public
recreational uses.
d.
Restaurants, cafes and similar non-"drive-in" eating establishments.
e.
Motels and hotels.
[Ord. No. 2017-11; Ord. No. 2018-54]
f.
New motor vehicle salesrooms.
g.
Wholesale business and distributors, including business distribution
facilities, retail or wholesale.
[Amended 3-4-2021 by Ord. No. 2021-19]
h.
Research and testing laboratories.
2.
Conditional Uses (See Article X):
a.
Shopping Centers.
b.
Congregate or Assisted Living and Nursing Care.
c.
Commercial office parks.
d.
Age-restricted Multifamily Housing, which may include two family
and duplex housing.
e.
Mixed-Use Mid-Rise Development.
f.
Mixed-Use Townhouse Development.
g.
Mixed-Use Multifamily Development.
h.
Mixed-Use Development.
3.
Design Regulations:
F.
Highway Development Zone (B-5A)
2.
Design Regulations:
a.
Multi-family dwellings shall be permitted in accordance with the
standards set for multi-family dwellings located in the B-2 zone as
to all criteria, except density. Maximum density for multi-family
dwellings shall be limited to 17 units per acre.
b.
All other permitted uses shall comply with the standards of the B-5
zone.
c.
Ingress and egress to new multi-family dwelling units located in
the area of the B-5A (Highway Development Zone) district that is located
between N.J. Highway Route 70 and Chestnut Street shall be only to
and from NJ Route 70 and not permitted from Chestnut Street when the
B-5A zoning is being used as a basis for development.
[Ord. No. 2017-51 § 20]
G.
Highway Development Zone (HD-6)
1.
Permitted Uses:
a.
Hotels and Motels.
b.
Professional Occupations including the office of a physician, surgeon,
dentist, minister, architect, engineer, attorney or other member of
a recognized profession.
c.
The studio of a teacher of music, dancing or art.
d.
The studio of a photographer.
e.
The office of an insurance agent, real estate broker, accountant
or other bookkeeper.
f.
Undertaking establishments.
g.
Buildings used for administrative purposes only by the federal, state,
county or local government for public purposes.
h.
Public utility structures, but not including storage and maintenance
uses and garages.
i.
Offices including banks, savings and loan, finance companies, insurance,
brokerage, medical and dental, legal, accounting, architectural, engineering
and general.
j.
Clubs, lodges and association buildings, meeting rooms and halls.
k.
Public recreational and community center buildings and grounds.
l.
Public libraries and museums.
m.
Places of worship including parish house and classrooms in accordance with the requirements of § 18-905 and the bulk standards below.
n.
Public and private schools in accordance with the requirements of § 18-906 and the bulk standards below.
o.
Parking lots.
2.
Conditional Uses (See Article X). In addition to the conditional use standards provided in Article X any residential use permitted as a conditional use in the HD-6 Zone district shall be subject to the following: For that portion of State Highway Route 9 south of its intersection with Central Avenue, the property line and boundary of any residential yard, lot or tract of a residential use or residential building shall be located 200 feet or more from the right-of-way boundary of Route 9/River Avenue.
3.
4.
Landscaping and Buffering shall be provided for all development in accordance with the requirements of § 18-803 of this chapter.
5.
There shall be no more than one driveway per each 100 feet of street
frontage.
H.
Highway Development Zone (HD-7)
1.
Permitted Uses:
a.
All principal uses permitted in the HD-6 district.
b.
Retail business establishments such as but not limited to the following:
(1)
Stores selling groceries, meats, poultry, baked goods, and other
such items.
(2)
Drug and pharmaceutical stores.
(3)
Hardware, dry goods, and household supply stores.
(4)
Packaged liquor stores.
(5)
Flower shops.
(6)
Luncheonettes and confectionery stores.
(7)
Haberdashery, dress goods and notions.
d.
Restaurants and lunchrooms.
e.
Service organizations, theater, bowling alleys and other forms of
commercial recreation, provided that they are carried on entirely
within an enclosed building.
f.
Automobile sales rooms.
2.
Conditional Uses (See Article X). In addition to the conditional use standards provided in Article X any residential use permitted as a conditional use in the HD-7 Zone district shall be subject to the following: For that portion of State Highway Route 9 south of its intersection with Central Avenue, the property line and boundary of any residential yard, lot or tract of a residential use or residential building shall be located 200 feet or more from the right-of-way boundary of Route 9/River Avenue.
3.
4.
Landscaping and Buffering shall be provided for all development in accordance with the requirements of § 18-803 of this chapter.
5.
There shall be no more than one driveway per each 100 feet of street
frontage.
6.
Parking shall be permitted in the required front yard setback for
both residential and nonresidential development, provided no parking
shall be less than 65 feet from the center line of a State highway.
I.
Residential Office Park (ROP)
1.
Permitted Uses:
a.
Professional Offices including:
(1)
Attorneys.
(2)
Accountants and certified public accountants.
(3)
Architects, engineers and land surveyors.
(4)
Chiropodists and chiropractors.
(5)
Dentists.
(6)
Medical doctors.
(7)
Real Estate and Insurance Brokers.
(8)
Stockbrokers.
(9)
Optometrists, oculists, and osteopaths.
(10)
Psychologists.
(11)
Marriage counselors licensed by the State of New Jersey.
(12)
Executive offices, where no product will be displayed for sale.
(13)
Other similar professional offices.
b.
Places of worship including parish house and classrooms in accordance with the requirements of § 18-905 and the bulk standards below.
c.
Public and private schools in accordance with the requirements of § 18-906 and the bulk standards below.
d.
Single-family detached dwellings.
e.
Multi-family housing in accordance with the design regulations of
the R-M District as specified in § 18-902H4b.
f.
Townhouses (not withstanding the definition of townhouse in this
chapter, for the purposes of this section, any townhouse with a basement
should be considered two units.)
g.
Banks, including drive-in facilities.
h.
Duplexes.
2.
Design Regulations (all uses except Multi-family Residential and
Duplexes):
3.
Design Regulations Duplexes:
a.
Minimum Lot Size — 10,000 square feet.
b.
Minimum lot size for newly created lots shall be 10,000 square feet
and have a minimum lot width of 60 feet.
c.
Front Yard Setback — 25 feet, except any development along
a State Highway shall provide a minimum front yard setback of 75 feet.
d.
Rear Yard Setback — 15 feet.
e.
Side Yard Setback — 7 feet with an aggregate of 15 feet.
f.
Maximum Building Coverage — 30%.
g.
Maximum Building Height — 35 feet.
J.
Open Space and Preservation (OSP)
[Ord. No. 2017-51 § 21]
K.
Airport Hazard Zone (AHZ)
1.
Establishment of Code. A code establishing minimum standards for
the control of airport and aeronautical hazards, and standards for
land use adjacent to airports is hereby adopted pursuant to N.J.A.C.
16:62.
2.
Title of Code. The code established and adopted by this chapter is
described and commonly known as "The Air Safety and Hazardous Zoning
Act of 1983," P.L. 1983, c.260.
3.
Public Record. Three copies of the Air Safety and Hazardous Zoning
Act of 1983 (1983) have been placed on file in the offices of the
Township Clerk, and the Secretary of the Zoning Board, and will remain
on file in said offices for use of and examination by the public.
4.
The enforcing authority for the Air Safety and Hazardous Zoning Act
shall be the Township Zoning Officer and other such officials designated
by the Township Committee.
L.
Cedarbridge Redevelopment Area (DA-1)
1.
Permitted Uses:
a.
Corporate offices and administrative buildings.
b.
Commercial office parks.
c.
Business Parks.
d.
Professional offices including physicians, attorneys, engineers,
accountants, etc.
e.
Medical laboratories.
f.
Pharmaceutical laboratories and research facilities.
g.
High technology industry offices, and research and development facilities.
h.
Engineering offices and laboratories.
i.
Computer service centers.
j.
Hotels and/or conference centers.
k.
Public buildings of a governmental or cultural nature for office
or research use.
l.
Public libraries and museums.
m.
Public utility uses.
n.
Public sports facilities.
o.
Parking garages.
p.
Indoor and outdoor recreation facilities.
q.
Banks and other financial lending institutions.
r.
Day care facilities.
s.
Fitness centers.
t.
Training centers, the center is used exclusively for training and
is accessory to the principal use of the office park.
u.
Restaurants and/or employee cafeterias.
v.
Satellite dish and television antennae
w.
Communication towers
x.
Maintenance buildings
y.
Retail and personal service activities that are incidental to the
principal use.
3.
Off-street parking:
a.
Office uses, one space for every 250 square feet of floor area (4/1,000sq.ft.).
b.
Research and laboratory uses, one space for every 400 square feet
of floor area (2.5/1,000 sq. ft.).
c.
Parking spaces shall be a minimum of nine feet by 18 feet in accordance
with CAFRA regulations governing the land in the RM zone.
d.
Accessible parking shall comply with the New Jersey Barrier Free
Subcode (cite N.J.A.C. 5:23-7.1 to 31).
4.
Off-street loading and unloading:
a.
Applicability to existing a new and expanded uses. The applicability
of the loading regulations established by this subsection shall apply
to all uses within the zone.
b.
Loading spaces shall be located on the same lot as the building or
structure to which they are accessory. No loading space shall be located
in any front yard.
c.
No required loading space shall be less than 12 feet in width or
35 feet in length or have vertical clearance of less than 10 feet.
d.
Loading spaces shall be provided in sufficient number and of sufficient
size so that no loading or unloading operation infringes upon any
street, sidewalk or public property. In no event shall the number
of loading spaces provided be less than that determined on the following
schedule of required off-street loading spaces, except in the case
of demonstrated hardship, the Planning Board may grant a variance
from loading requirements, provided that an approved plan for delivery
truck operations, including but not limited to hours and staging of
operation, is attached to such variance.
|
Schedule of Off-Street Loading Requirements
| |
|---|---|
|
Gross Floor Area (sq. ft.)
|
Number of Loading Spaces
|
|
10,000 to 99,000
|
1
|
|
100,000 to 149,999
|
2
|
|
150,000 to 399,999
|
3
|
|
400,000 to 649,999
|
4
|
|
650,000 to 949,999
|
5
|
|
950,000 to 1,500,000
|
6
|
|
For each additional 350,000
|
1
|
6.
Area, yard and density requirements:
|
a. Minimum lot area
|
3 acres
|
|
b. Minimum lot frontage
|
300 feet
|
|
c. Maximum building coverage
|
40%
|
|
d. Maximum impervious coverage
|
80% of the applicable coverage requirements as identified within
N.J.A.C.7:7E et seq., whichever is less.
|
|
e. Maximum building height
|
75 feet exclusive of mechanical equipment and penthouses which
may be up to an additional 15 feet.
|
M.
Industrial Zone (M-1)
1.
Permitted Uses:
a.
Research and development.
b.
Lumber yards and other similar establishments for the bulk storage
of building materials, plumbing and electrical supplies or electrical
or home appliances.
c.
Warehouses and terminal facilities.
d.
Manufacturing, compounding, processing, packaging or treatment of
beverages, food, candy, cosmetics, dairy products, drugs, ice, perfumes,
pharmaceuticals, plastics, toilet articles and similar products.
e.
Metal works or machine shops, welding shops, excluding drop hammers.
f.
Airports.
g.
Laundry, cleaning and dyeing works, carpet and rug cleaning.
h.
Public utility uses such as public utility repair and maintenance
yards, storage facilities, depots, stations, classification yards,
road houses, and plants for the production of energy, other than those
which use atomic energy.
i.
Printing, photographic reproduction or the manufacture of equipment
or supplies therefore.
j.
Automobile assembly plants.
k.
Metallurgical processes and/or precious metal recycling and manufacturing.
l.
Manufacture or assembly of:
(1)
Aluminum or aluminum alloy products or equipment.
(2)
Vending machines.
(3)
Wood products, furniture, or cabinets.
(4)
Cartons, glass containers, wooden or metal containers.
(5)
Novelties, toys and paper products of all kinds.
(6)
Aviation equipment, accessories or aircraft control equipment.
(7)
Electronics equipment, electronics parts, components or electrical
machinery and equipment, except wherein atomic or radioactive power
or materials is used in the manufacturing process.
(8)
Radio, telephone, or other communication equipment or parts
thereof.
(9)
Pools, playground equipment, athletic equipment, and all types
of sporting goods including firearms.
(10)
Restaurant or bar equipment or supplies.
(11)
Boats, nautical equipment, diving gear, water sports equipment
of all types.
(12)
Embroidery, lace, clothing or wearing apparel of all kinds including
footwear.
(13)
Glassware, cement products, china or tile.
(14)
Burial supplies, markers, monuments, vaults, urns or ornamental
equipment in connection therewith.
(15)
Carpets, rugs, drapes, textiles or synthetic tiles.
(16)
Cotton or wool products or other manufactured fibrous products.
(17)
Cosmetics, ointments, beauty products or creams.
(18)
Optical instruments or supplies.
(19)
Musical instruments or supplies.
(20)
Doors, windows, and sash or trim for building construction.
(21)
Elevators or elevator equipment.
(22)
Poultry feed or poultry equipment or supplies.
(23)
Lamps and electrical fixtures of all kinds.
(24)
Clocks and timepieces.
(25)
Plumbing, heating or air conditioning supplies or equipment.
(26)
Electrical power tools.
m.
Public and private schools in accordance with the requirements of § 18-906 and the additional design regulations in § 18-903M8 below.
[Ord. No. 2017-51 § 22]
n.
Publishing companies.
o.
Office buildings.
p.
Bottling plants.
q.
Cold storage warehouses.
r.
Hotels and motels.
s.
Enameling or electroplating.
t.
Facilities for on-site provision of health and human services, including
spas, gyms, health clubs and like facilities.
u.
The finishing or assembling of articles made from previously prepared
or refined materials, such as bone, cellulose, cork, feather, canvas,
cloth, fiber, fur, glass, plastics, guns, textiles, leaf products,
wax, and wood.
v.
Scientific or research laboratories devoted to research, design,
or experimentation and processing and fabricating incidental thereto.
w.
Restaurants.
x.
United States governmental postal services, all phases.
y.
Telephone and telegraph companies including ancillary offices.
z.
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 kept or used in such
manner as may tend to create a public nuisance or danger or tend to
start a conflagration.
2.
Additional Permitted Uses:
a.
Offices and Administrative buildings situated on the site of any
industrial use above set forth in connection with the operation of
or the administration of the permitted use.
b.
Residential apartments or dwellings for the occupancy of guards,
watchmen or other plant or factory personnel that must be in residence
on the premises for the maintenance and protection or administration
of the principal use. No more than one such apartment or dwelling
shall be permitted. Provided, however, that such facilities shall
not be utilized by or for general workers, administrative or executive
personnel, or for any residential use not related to the maintenance,
protection, or administration of the principal permitted use.
c.
Showroom or retail sales departments for the exhibition or retail
sale of products manufactured by the principal use on the premises.
d.
Restaurant and kitchen facilities for the use of plant personnel
and business invitees with no outside advertising of such facilities
to the public.
e.
Advertising signs advertising the principal use subject to the restrictions
otherwise set forth in the zoning ordinances of the Township for advertising
signs.
f.
Garages and maintenance shops for vehicles used in connection with
the operation of the principal use.
g.
Loading platforms, railroad sidings or other depots used in connection
with the operation of the principal use.
h.
Radio towers or other electronic transmissions or reception devices
necessary in connection with the operation of the principal use subject
to the height limitations on structures in the industrial zone.
i.
Executive offices as headquarters for principal use.
j.
Outdoor storage areas as an ancillary use to a principal permitted
use provided that adequate provisions are made for screening, lighting
and security, where necessary.
3.
Conditional Uses.
In addition to the above described permitted uses there may
be permitted in the industrial zone such uses of a general industrial
nature or necessary accessories to any one of the above described
permitted uses upon obtaining a conditional use permit from the Zoning
Board of Adjustment after study and favorable referral to the Zoning
Board by the Planning Board subject to the following regulations.
a.
No danger to life, limb or property is created beyond the limits
of the lot.
b.
No objectionable noise, smell, smoke, dust, gas, glare or effluent
is emitted which may adversely affect or impair the normal use of
any property, structure or dwelling located in any residential, rural
or business zone.
c.
No untreated liquid, effluent or soluble solid shall be disposed
of in such manner that subsurface water supplies shall be rendered
unfit for potable or recreational purposes. Such proof may include:
(1)
Site plans and architectural drawings showing the type and location
of all buildings, structures, parking and loading facilities on the
lot.
(2)
Engineering drawings and specifications which will adequately
describe the operations to be carried on, the means and devices to
be used to preserve health and safety.
(3)
Descriptions of the products to be manufactured or processed
and the control of effluents incidental thereto.
(4)
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.
(5)
Any change in use of manufacturing process within an approved
heavy industrial operation shall require reapplication and study of
the use permit.
d.
Automobile Repair Services.
e.
Digital billboards.
[Ord. No. 2016-11 § 9]
4.
Requirements. Any permitted industrial use shall:
a.
Dispose of its liquid wastes and effluents into an approved existing
sewage treatment plant in accordance with that plant's regulations
or shall treat its own liquid wastes and effluents in a treatment
plant or process which is in compliance with the State Statutes and
with the requirements of the State Department of Health.
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.
c.
Design and plan its buildings, facilities, operations, and processes
so that noises and glares generated by the use will not violate the
conditions which permit the use.
d.
Submit in triplicate the Township's atmospheric pollution forms when
applying for a building permit.
5.
Prohibited Uses:
a.
All uses in the industrial zone are prohibited other than those uses
specified as permitted uses or as may be granted by special permit
pursuant to the conditions and requirements heretofore set forth concerning
permitted uses and special permits in the industrial zone.
b.
Under no circumstances shall the following uses be permitted. The
slaughtering of animals, rendering of fats and oils, the commercial
disposal of domestic refuse or the dumping of garbage, trash or incinerated
material, the dumping of waste materials from cesspools or other sewerage
disposal installations, the manufacture or storage of high explosives,
refining or storage of gasoline and fuel, oil, except for local retail
consumption, the manufacture or processing of fertilizer, manufacture
or refining of asphalt, manufacture of or processing of cork, manufacture
of rubber, manufacture of linoleum or oil cloth, manufacture of glue
or gelatin, tanning and curing of hides or skin, manufacture of paint
or varnish, manufacture of oil, the processing, sale, storage or reclamation
of junk of all kinds including automobile wrecking and storage, excavation
of sand or gravel or other natural mineral deposits, any manufacturing
process requiring the use of machinery or power plants operated by
or with atomic energy or fissionable materials, the dumping of atomic
waste materials, any industry requiring the use of radioactive materials;
manufacture of ink, fireworks, 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, fish processing, manufacture of lime or cement,
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.
c.
No industrial use or manufacturing use in the industrial zone shall
be permitted which requires the emission of smoke, dust, fumes, odors
or noise in such quantities or in such manner as to interfere with
or be dangerous to the health, welfare and safety of the adjoining
properties or the general public situated in or using the industrial
zone or the facilities situated therein.
6.
Off-Street Parking:
a.
For industrial buildings having less than 20,000 square feet floor
area, one parking space shall be provided for each employee on the
maximum work shift plus five spaces for executives.
b.
For industrial buildings having 20,000 square feet floor area to
50,000 square feet floor area, one parking space for each employee
on the maximum work shift plus 10 for executives.
c.
For industrial buildings having over 50,000 square feet floor area,
one parking space shall be provided for each employee on the maximum
work shift plus 20 for executives.
d.
Adequate land area for the off-street parking requirements must be
provided by any industry in the Township. The land area of a tract
on which the industry is located may be used for such parking area,
except those portions thereof required for setback and those areas
otherwise designated on the site plan of the industrial building as
reserved for planting, screening or other specified uses inconsistent
with the use as a parking area. In addition to the required parking,
the industrial use must provide adequate loading and unloading areas
off-street on the industrial lands of the owner to accommodate such
loading and unloading of vehicles as shall be necessary for the services
to and from the industry situated on the lands.
e.
No on the street parking for unloading, loading or employee parking
shall be permitted in the industrial zones.
f.
A developer of an industrial plant consisting of more than one industry
situated on a tract of land under one ownership shall provide the
same total off-street parking for the total of the industry situated
thereon as would otherwise be required were all of the industrial
buildings under single management. The industrial park owner must
therefore make completely adequate provisions for off-street parking
of the tenants in his industrial park according to the number of employees
and each leasehold area on which a plant is situated in the industrial
park shall provide the necessary number of off-street parking spaces
to accommodate the total maximum work shift plus the necessary executives
requirements as though the plant were under individual ownership,
as well as necessary loading and unloading areas.
g.
For all uses listed in Subsection 18-903M1 and M2, one parking space
for every 400 square feet of floor space or one for each employee
whichever is greater.
[Ord. No. 2017-28 § 2; Ord. No. 2017-51 § 22]
7.
8.
Additional Design Regulations for Public and Private Schools.
[Ord. No. 2017-51 § 22]
a.
Minimum On-site Parking Requirements: three spaces per classroom.
A classroom shall be defined as any space with an area of 625 square
feet or larger, not including any multi-purpose or dining room. Additional
parking standards for office spaces in a school shall be calculated
separately and added to the total minimum on-site parking requirement.
b.
A circulation plan is required, which shall detail bus and traffic
movements.
c.
All loading, unloading, and bus stacking shall be designed to occur on site, and shall be in compliance with the requirements of § 18-906.
d.
All recreation and play areas shall be fully fenced.
e.
No parking area shall be used as a recreation and play area.
f.
Buffer requirements pursuant to § 18-906 (Public and Private Schools) shall be addressed. Any variance relief of the landscaping standards of the buffer requirements due to unique or extenuating circumstances shall provide as a minimum condition a six or eight foot high solid (100% closed) fence while maintaining the required buffer dimensions.
N.
(Reserved)
[Repealed by Ord. No. 2017-51 § 23]
O.
(Reserved)
[Repealed by Ord. No. 2017-51 § 24]
P.
Industrial Park Limited Professional Service Zone (LP)
[Amended Ord. No. 2017-51; 5-18-2023 by Ord. No. 2023-18]
1.
Permitted Uses:
a.
Professional offices and office buildings.
b.
Banks and other financial lending institutions.
c.
Doctors, dentists, and other recognized medical practitioners.
d.
Medical laboratories.
e.
Assisted living facilities.
f.
Nursing homes.
g.
Corporate headquarters and executive offices.
h.
Hotels and conference centers.
i.
(Reserved)
[Ord. No. 2017-51 § 25;
repealed 5-18-2023 by Ord. No. 2023-18]
j.
Recreational facilities including ice skating rinks, bowling alleys,
and other indoor recreational activities.
k.
Facilities for the provision of health and human services including
spas, gyms, health clubs and like facilities.
l.
Scientific or research laboratories devoted to the research design
or experimentation and processing and fabricating incidental thereto.
m.
Restaurants.
n.
Retail centers, department stores and supermarkets.
o.
Warehouses, outdoor storage, and terminal facilities.
p.
Manufacturing, compounding, processing, packaging.
q.
Monument signs.
r.
Parking garage structures and automated parking systems as accessory
uses to permitted principal uses.
2.
Area, Yard, and Lot Requirements. Design Regulations:
4.
(Reserved)
[Repealed 5-18-2023 by Ord. No. 2023-18]
Q.
(Reserved)
[Repealed by Ord. No. 2017-51 § 26]
R.
Corporate Campus/Stadium Support Zone (B-6)
1.
Permitted Uses:
a.
Restaurants, cafes, pubs, sandwich shops, coffee shops and similar
eating establishments, with the exception of drive-in/drive-through
eating establishments.
b.
Retail stores and shops.
c.
Personal Services Establishments. Limited specifically to barber
and beauty shops, tailors, dry cleaning collections, except processing
and shoe repair.
d.
Office buildings for professional, executive, engineering or administrative
purposes, including accounting and sale functions, provided such uses
are located above ground floor.
e.
Fire Department facilities.
f.
Facilities for the collection, recycling and processing of organic
waste into energy.
g.
Facilities for the warehouse, packaging and distribution of food
products including administrative offices.
h.
Residential uses and design standards permitted in the B-1 zoning
district, except that no residential building of any type shall be
permitted to front on Cedarbridge Avenue or that portion of New Hampshire
Avenue that is within 350 feet from the intersection of New Hampshire
Avenue and Cedarbridge Avenue.
3.
Design Regulations:
S.
Hospital Support Zone (HS)
1.
Permitted Principal Uses:
a.
Hospitals and medical centers.
b.
Physicians and other medical offices.
c.
Clinics and other therapeutic and rehabilitation facilities.
d.
Medical diagnostic offices and laboratories.
e.
Emergency medical service facilities.
f.
Pharmacies and other retail establishments for the sale of medical
surgical supplies, equipment and clothes or goods and prescription
eyeglasses.
g.
Nursing homes, assisted living, and extended care facilities.
h.
Child care centers.
i.
Adult day care centers.
j.
Professional, administrative and business offices.
k.
Offices including banks, savings and loan, finance companies, insurance,
and brokerage companies/firms.
l.
Clubs, lodges, and association buildings, meeting rooms and halls.
m.
Public recreational and community center buildings and grounds.
n.
Buildings used for administrative purposes for Federal, State, County
or municipal government for public purposes.
o.
Places of worship, including parish house and classrooms in accordance with the requirements of § 18-905 and the bulk standards below.
p.
Public and private schools in accordance with the requirements of § 18-906 and the bulk standards below.
q.
Essential services.
3.
Permitted Conditional Uses: Fueling station and convenience mart.
4.
Design Regulations:
b.
(1)
Front Yard Setback — 50 feet except that development fronting
on State Highway Route 9 (River Avenue) shall provide a minimum front
yard setback of 75 feet.
(2)
Rear Yard Setback — 50 feet
(3)
Side Yard Setback — 30 feet
(5)
Maximum Building Coverage — 30%
(6)
Maximum Building Height — 65 feet.
T.
Airport Business Commercial Zone
[Ord. No. 2017-51 § 27]
1.
Permitted Uses:
a.
Corporate headquarters and related offices and administrative buildings;
b.
Commercial office parks;
c.
Business parks and office buildings;
d.
Professional offices for physicians or dentists, so long as such
offices are not patient of a healthcare institution providing medical,
surgical, psychological care in a facility that operates as a charitable
or not-for-profit institution;
e.
Professional offices for attorneys, engineers, accountants, pharmacists
and chemists;
f.
Medical laboratories;
g.
Pharmaceutical laboratories and research facilities;
h.
High technology industry offices, and research and development facilities;
i.
Engineering offices and laboratories;
j.
Computer service centers and related management offices;
k.
Publishing companies;
l.
Airports;
m.
Retail banking facility provided same in ancillary to a corporate
office of a financial lending institution;
n.
Hotels;
o.
Conference centers;
p.
Printing, photographic reproduction, or the manufacture of equipment
or supplies related to publishing and communication;
q.
Manufacture, assembly compounding, processing, packaging or treatment
of:
(1)
Novelties, toys and paper products of all kinds;
(2)
Aviation equipment, accessories, or aircraft control equipment;
(3)
Electronics equipment, electronic parts, components, or electrical
machinery and equipment except wherein atomic or radioactive materials
are used in the manufacturing process;
(4)
Radio, telephone or other communication equipment or parts therefore;
(5)
Restaurant or bar equipment;
(6)
Embroidery, lace, clothing or wearing apparel of all kinds including
footwear;
(7)
Glassware, cement products, china, tile;
(8)
Carpets, rugs, drapes, textiles, synthetic tiles;
(9)
Cotton or wood products or other manufactured fibrous products;
(10)
Cosmetics, ointments, beauty products, or creams;
(11)
Optical instruments or supplies;
(12)
Musical instruments or supplies;
(13)
Doors, windows and sash and trim for building construction;
(14)
Elevators and elevator equipment;
(15)
Lamps and electrical fixtures of all kinds;
(16)
Clocks and timepieces;
(17)
Plumbing, heating, or air-conditioning supplies or equipment;
(18)
Electrical power tools.
r.
Warehouse and retail outlets and retail stores; as well as showroom
or retail sales departments for the exhibition or retail sale of products
manufactured by the principal use on the premises;
s.
Bottling plants;
t.
Enameling and electroplating;
u.
Facilities for the on-site provision of services such as spas and
health clubs, provided same are ancillary to a primary permitted use;
v.
The finishing or assembling of articles made from previously prepared
and refined materials, such as bone, cellulose, cork, feathers, canvas,
cloth, fiber, fur, glass, plastics, guns, textiles, leaf products,
wax and wood;
w.
Restaurants;
x.
Communication companies and ancillary offices; and
y.
Restaurant or kitchen facilities for the use of plant personnel and
business invitees with no outside advertising of such facilities to
the public.
3.
4.
Prohibited Uses:
a.
Schools, houses of worship, and institutions of higher education.
However, if an institution of higher education chooses to sponsor
a medical laboratory, high technology industry office, research and
development facility, or engineering offices and laboratories, such
a use shall be permitted.
U.
Public Purpose Overlay Zone (PP)
[Ord. No. 2017-51 § 28]
1.
Purpose. The Public Purpose overlay zone is intended to provide for
optional development of public parks and emergent facilities in the
underlying zones to meet the needs of the community.
2.
Location. The boundaries of the public purpose overlay zones are
delineated on the Lakewood Township Zoning Map. The underlying zones
for the Public Purpose overlay are the R-40 and R-M residential zones
in the southwest area of the municipality.
3.
Use and Bulk Regulations to supplement the requirements of the underlying
zones.
b.
R-M sub-district.
(1)
The R-M sub-district overlay area is intended to serve as a
consolidation of adjoining municipally-owned properties to be used
as a centrally-located public open space and park to benefit surrounding
development.
(2)
Permitted uses:
(a)
Public open space and parks consisting of active
and/or passive recreation facilities.
(3)
Bulk Regulations: None.
A.
General Concept. A cluster single-family residential development
is a form of development that permits a reduction in lot area and
bulk requirements, provided there is no increase in the number of
lots permitted under a conventional subdivision or increase in the
overall density of development, and the remaining land area is devoted
to open space, active recreation, preservation of environmentally
sensitive areas, or agriculture.
B.
Purpose. The purpose of this section is to provide a method of developing
single-family detached dwellings, which will preserve desirable open
spaces, conservation areas, floodplains, recreation and park areas,
and lands for other public purposes by permitting the reduction of
lot sizes and certain other regulations hereinafter stated without
increasing the number of lots in the total area to be developed.
C.
General Requirements:
1.
The minimum size of a tract of land proposed for development under
the cluster development provisions of this section shall be 15 acres.
2.
The cluster option shall only be permitted in those Residential Zone
Districts where cluster single-family residential development is a
permitted development option.
3.
The density and maximum number of residential building lots under
the cluster provision shall be such that the resulting net lot density
of the area to be subdivided shall be not greater than the net lot
density of the subdivision area without regard to the provisions of
this subsection and shall be computed in accordance with the applicable
area, yard, and bulk requirements. Applicants shall be required to
submit a lot yield plan showing the development of the tract using
the conventional zone district requirements and strictly applying
all limiting factors. Applicants shall demonstrate that all lots are
developable and usable in accordance with any ordinance provision
which may result in the reduction of the lot yield. The number of
building lots shown on the lot yield plan shall be the maximum number
of lots permitted.
4.
Land left as open space may be offered to the Township.
a.
The lands offered to the Township shall meet the following requirements:
(1)
Where possible, open space parcels should be large enough to
accommodate active recreation facilities. Lands offered for recreational
purposes shall be improved by the developer in a manner consistent
with the recreational purpose intended for that particular area of
the development in order to qualify the lands for acceptance by the
Township. In order to provide continuous jogging and bicycle paths,
parcels of open space should be interconnected using the regular sidewalks
and/or separate path systems.
(2)
Any land offered to the Township shall be optimally related
to the overall plan and design of the development and improved to
best suit the purpose(s) for which it is intended. Open space shall
be so planned within the development that a close visual and physical
relationship between the open space and as many dwelling units as
is reasonably possible is created. Open space areas should weave between
dwelling units generally respecting a minimum width of 50 feet and
periodically widening out into significant and usable recreation areas.
b.
The lands proposed as open spaces shall be subject to review by the
Planning Board, which in its review and evaluation of the suitability
of such land, shall be guided by the Master Plan of the Township,
by the ability to assemble and relate such lands to an overall plan,
and by the accessibility and potential utility of such lands. The
Planning Board may request an opinion from other public agencies or
individuals as to the advisability of the Township's accepting any
lands to be offered to the Township.
c.
The parcels of land, whether to be offered to and accepted by the
Township or other organization, shall be conveyed by deed on a pro-rata
basis, as actual development commences, in accordance with the following
schedule:
(1)
A conveyance by deed of a parcel equal to 25% of the acreage
proposed for dedication or conservation and other purposes shall be
conveyed to the Township prior to the issuance of certificates of
occupancy in a number equal to 25% of the total number of dwelling
units proposed for the entire tract.
(2)
Not less than an additional 25% shall be conveyed to the Township
upon the issuance of certificates of occupancy equal to 50% of the
total number of dwelling units proposed for the entire tract.
[Ord. No. 2017-52 § 1;
amended 9-2-2021 by Ord. No. 2021-50]
Editor's Note: Attachments 1 through 4 can be found as attachments
to this chapter. Attachment 1 shows PDNC without Schedule A and Schedule
B. Attachment 2 shows PDNC with Schedule A and Schedule B.
A.
Planned Development Noncontiguous Cluster (PDNC) Overlay Zone.
1.
Purpose: The purpose of the Planned Development Noncontiguous Cluster
(PDNC) Overlay Zone is to facilitate smart growth by promoting development
with a compact footprint while simultaneously facilitating the permanent
preservation of the most ecologically important areas and valuable
forested areas of the municipality.
2.
Location: The specific area of the Planned Development Noncontiguous
Cluster (PDNC) Overlay Zone is depicted in Attachment 1. (As revised
August 2021)
[Amended 9-2-2021 by Ord. No. 2021-50]
3.
Use and Bulk Requirements: The use and bulk requirements of the underlying
zone districts shall apply.
5.
Noncontiguous Cluster Provisions:
a.
Applicability: These provisions shall become an applicable option
when both of the following conditions are met:
b.
Development and Preservation Areas: Areas for development and
preservation are depicted in Attachment 2. Areas for development are
the "Schedule B" areas that are depicted in Attachment 2 and listed
in Attachment 3. Areas for preservation are the "Schedule A" areas
that are depicted in Attachment 2 and listed in Attachment 4. (As
revised August 2021)
[Amended 9-2-2021 by Ord. No. 2021-50]
c.
No Increased Density: Use of these provisions shall not result
in density bonuses or similar bonuses. The minimum lot size requirements
of the underlying zone district in which the "Schedule B" portions
of the development tract are located shall apply, and the maximum
development yield shall be based solely on the "Schedule B" portions
of the development tract. However, the area that is required to meet
tree save requirements does not reduce the development capacity of
the "Schedule B" portions of the development tract, because said area
is provided in the "Schedule A" portions of the development tract.
d.
Requirements:
(1)
Development Requirements: All development shall be designed
and constructed in accordance with the standards of the underlying
zone districts.
(2)
Development Location: All development shall be located in the
area designated as "Schedule B" in Attachment 2 and listed in Attachment
3.(As revised August 2021)
[Amended 9-2-2021 by Ord. No. 2021-50]
(3)
Preservation Area Size: The size of the preservation area shall
be determined by the requirements provided at N.J.A.C. 7:7-13.4, N.J.A.C.
7:7-13.14, and N.J.A.C. 7:7-13.18, as applicable.
(4)
Preservation Area Location: The preservation area shall be located
in an area designated as "Schedule A" in Attachment 2 and listed in
Attachment 4. (As revised August 2021)
[Amended 9-2-2021 by Ord. No. 2021-50]
(5)
Preservation Required:
e.
Additional Application Requirements: In addition to the application submission requirements that are outlined in other applicable sections of Chapter 18 of the Unified Development Ordinance, the following additional application submission requirements shall apply:
(1)
Boundary survey of all parcels for preservation.
(2)
Proof of agreement between the owners of all properties in the
noncontiguous cluster development, if applicable.
(3)
Draft or previously established conservation restriction.
(4)
Deed of all parcels for preservation.
(5)
Demonstration of full compliance with N.J.A.C. 7:7-13.4, N.J.A.C.
7:7-13.14, and N.J.A.C. 7:7-13.18, as applicable.
f.
Standards for Approval by Planning Board:
(1)
The Planning Board shall find that:
(a)
One or more parcels are designated for preservation.
(b)
Parcels for preservation are located in an area
that is designated as "Schedule A" in Attachment 2 and listed in Attachment
4. (As revised August 2021)
[Amended 9-2-2021 by Ord. No. 2021-50]
(c)
The parcels for preservation are available for
use by the applicant for use in a noncontiguous cluster development
application.
(d)
One or more parcels are designated for development.
(e)
Parcels for development are located in an area
designated as "Schedule B" in Attachment 2 and listed in Attachment
3. (As revised August 2021)
[Amended 9-2-2021 by Ord. No. 2021-50]
(f)
The goals and objectives of the 2017 Lakewood Township
Master Plan are promoted.
(g)
The parcels for preservation are suitable for meeting
the tree save requirements of N.J.A.C. 7:7-13.4, N.J.A.C. 7:7-13.14,
and N.J.A.C. 7:7-13.18, as applicable.
[Ord. No. 2009-17 § 1]
Residences situated on one lot or site that also has a religious
or educational use on the site shall be automatically determined as
one of them being an accessory use.
A.
Parking Regulations:
1.
If the place of worship contains less than 800 square feet of main
sanctuary space there shall be no requirements for parking, if more
than 800 square feet, then the following shall be required for main
sanctuary space (main sanctuary area shall not include secondary sanctuary
space, mikvah, hallways, bathrooms, kitchen, and other ancillary and/or
support rooms):
|
800 to 1999 square feet
|
1.0 spaces for every 100 sq. ft.
|
|
2000 to 2999 square feet
|
1.25 spaces for every 100 sq. ft.
|
|
3000+ square feet
|
1.50 spaces for every 100 sq. ft.
|
|
If a catering facility is also on site, the following shall
apply (in addition to required parking for place of worship):
|
|
800 SF to 1999 SF
|
0.75 parking spaces for every 100 sq. ft.
|
|
2000+ SF
|
1.0 parking spaces for every 100 sq. ft.
|
2.
No parking area shall be located closer than five feet to any side
or rear property line that are adjacent to residential zoned properties.
A decorative, solid, six foot fence plus shrubs will be required to
hide all parking adjacent to residential properties, unless there
is a buffer of greater than 20 feet in which case it shall not require
screening.
3.
For all religious bathing facilities (mikvah) with less than five
changing rooms no parking shall be required. For facilities with five
or more changing rooms, there shall be one parking space per changing
room.
B.
Buffer Requirements:
1.
Perimeter Buffer: for properties adjacent to residential properties,
if the site leaves a 20 foot undisturbed area then there are no requirements
for buffering, if the 20 foot buffer is invaded or disturbed then
requirements indicated in Number 3 below shall be put in place along
the invaded area.
2.
No parking area shall be located closer than five feet to any side
or rear property line that are adjacent to residential zoned properties.
Board-on-board fence six feet plus shrubs with a four foot arbor vitae
every four feet will be required to hide all parking adjacent to residential
properties, unless there is a buffer of greater than 20 feet in which
case it shall not require screening
3.
A required buffer shall be landscaped with trees, shrubs, and other
suitable plantings for beautification and screening. Natural vegetation
should be retained to the maximum degree possible. On those sites
where no existing vegetation is present or existing vegetation is
inadequate to provide screening, the applicant shall suitably grade
and plant the required buffer area, such that this planting shall
provide an adequate screen of at least six feet in height so as to
continually restrict the view. A minimum on-center distance between
plantings shall be such that upon maturity the buffer will create
a solid screen. The buffer may be supplemented with a fence of solid
material where necessary.
C.
Other Site Standards: The front yard, exclusive of walkways, pavilion
areas, or driveways, shall be landscaped with grass, trees, shrubs,
groundcover, flowers, existing vegetation, or any suitable combination
thereof. Plantings shall conform, however, to restrictions on corner
lot placement, in order to protect visibility.
D.
Curb Cuts shall be provided in a manner that is consistent with safe
traffic flow, avoiding excessive proximity to intersections and other
hazardous situations. Curb cuts shall be minimal in number, with enough
provided to ensure reasonable ingress/egress to and from the site.
Those deemed by local, County and/or State traffic engineering authorities
to be unnecessary for providing said traffic service shall be subject
to deletion from plans.
E.
Temporary Facilities for Places of Worship. The Township Zoning Official
may approve the installation of temporary portable facilities for
a place of worship at the site of a religious facility or proposed
religious facility for a period of one year. The approval may be renewed
once for one additional one year period and each approval is subject
to the following standards and requirements:
1.
An application for permanent construction to replace the temporary
portable facilities has been filed and is deemed complete by the Planning
Board or Zoning Board of Adjustment or has been approved by the Board
and is currently under construction or awaiting permitting or State
or County agency approvals.
2.
The use of the trailer, modular unit or portable facility must be
limited to religious services only. The facility may not be used for
weddings, fund-raising or other events. The religious group obtains
the necessary Uniform Construction Code permits for the facility.
All installations are subject to applicable municipal, County and
State specifications, inspections and fees. The facility must at all
times comply with the Township's Uniform Fire Safety Code.
3.
A site plan or plot plan showing setbacks, parking and buffer requirements
of this chapter is required for the temporary facility.
4.
An ADA approved walkway shall be provided from existing buildings
or existing paved surfaces to the temporary portable facilities.
A.
Buffer Requirements.
1.
From a nonresidential use or district - 10 feet.
2.
From a residential use or district - 20 feet.
3.
A required buffer shall be landscaped with trees, shrubs, and other
suitable plantings for beautification and screening. Natural vegetation
should be retained to the maximum degree possible. On those sites
where no existing vegetation is present or existing vegetation is
inadequate to provide screening, the applicant shall suitably grade
and plant the required buffer area, such that this planting shall
provide an adequate screen of at least six feet in height so as to
continually restrict the view. A minimum on-center distance between
plantings shall be such that upon maturity the buffer will create
a solid screen. The buffer may be supplemented with a fence of solid
material where necessary.
B.
Parking is not permitted in any required buffer.
D.
If a recreation area or areas are designated then details shall be
provided for such recreational areas. All play equipment shall meet
all required safety standards.
E.
Bus Loading and Unloading Zones.
[Ord. No. 2017-51 § 29]
1.
An on-site bus loading and unloading zone shall be required at all
schools where bus transportation is provided.
2.
Bus loading and unloading areas shall be situated in a manner so
that children do not cross any traffic lane or parking areas whatsoever,
unless it is in area that is curbed and physically separated from
traffic circulation and specifically designated solely for bus loading
and unloading.
F.
A public or private school shall not be located on a site in an Industrial
Park or Industrial Zone where the mix of uses presents a health or
safety hazard to the occupants of the school.
G.
Temporary Classrooms for Schools. The Township Zoning Officer may
approve the installation of temporary portable facilities at the site
of a school for a period not to exceed two school years, subject to
the following standards and requirements:
1.
The trailer, modular unit or portable classroom facility must be
limited to educational purposes, including support offices, libraries,
or other such uses typically accessory or ancillary uses to the educational
use, and be of a type that is certified for this use by applicable
Federal, State, County and local agencies.
2.
The school obtains the necessary Uniform Construction Code permits
for the facility. All installations are subject to applicable municipal,
County and State specifications, inspections and fees.
3.
A site plan or plot plan showing setbacks, parking and buffer requirements
of this chapter is required for the temporary facility.
4.
An ADA approved walkway shall be provided from existing buildings
or existing paved surfaces to the temporary portable facilities.
5.
The Township Zoning Officer may authorize two one year extensions
of the original two year time frame, set forth above, subject to the
following requirement:
An application for construction to replace the temporary portable
facilities has been filed and is deemed complete by the Planning Board
or Zoning Board of Adjustment or has been approved by the Board and
is currently under construction or awaiting permitting or State or
County agency approvals.
[Ord. No. 2009-17 § 2]
H.
Front Yard Setback Requirements.
[Ord. No. 2017-51 § 29; Ord. No. 2019-15]
1.
In all residential zones, namely the R-40, R-20, R-15, R-12, R-12A,
R-10, R-7.5, R-M, R-LM, R-10A, R-10B and R-20A zones, as well as the
A-1 zone, the minimum front yard setback requirement shall be increased
by 20 feet.
2.
For all other zone districts that permit schools, except for the
Central Business (B-2) zone, increase minimum front yard setback requirement
by 40%. The increased front yard setback requirement shall not apply
to the B-2 zone.
I.
Public and Private Schools.
[Added 12-9-2022 by Ord. No. 2022-46]
1.
In all non- residential zones where schools are permitted uses ( Section 18-903) and the Oak Street Core Neighborhood Overlay Zone -I (Section 18-902M). catering facilities and banquet halls shall continue to be allowed as accessory uses in the school buildings, provided the following parking requirements are met:
a.
For
the section of the school utilized for catering and banquet functions
(to be known as the Banquet Hall space, but not including bathrooms,
food prep rooms, and facilities not associated with the Banquet Hall
function such as guest preparation rooms etc) 1.0 parking space shall
be required for every 50 square feet thereof.
[Ord. No. 2006-31 § 2]
A.
All uses not expressly permitted in this chapter are prohibited.
The following uses are specifically prohibited in every district:
1.
No single recreational vehicle or boat may be used for living or
housekeeping purposes within the Township, except as provided for
by § 909 herein.
2.
Outdoor storage, in a shed or a trailer, of any type shall not be
permitted unless such storage is a part of the normal operation of
a use conducted on the premises subject to design and performance
standards for the prevailing district and provided further that the
following requirements are conformed with:
a.
All outdoor storage facilities shall be enclosed by a solid fence
adequate to conceal the facilities from any adjacent properties.
b.
No materials or wastes shall be deposited upon a lot in such form
or manner that may be transferred off the lot by natural causes or
forces.
c.
All material or wastes which might cause fumes or dust or which constitute
a fire hazard or which may be edible or otherwise be attractive to
rodents or insects shall be stored outdoors only in closed containers.
d.
Flammable or explosive liquids, solids, or gases shall be permitted
to be stored in above ground storage tanks only if the proposed use
and structure meet the requirements of the Uniform Construction Code
(5:23 et seq.) and the Fire Code (5:18 et seq.), as used by Lakewood
Township officials. In addition, above ground storage tanks are not
permitted in any front yard and shall be sufficiently buffered from
any adjoining use.
3.
Private sanitary landfills.
4.
Commercial resource extraction operations.
5.
Mobile home parks.
6.
Junk Yards.
A.
A reduction in the minimum lot area and width requirements in any
residential subdivision in the R-20, R-15, R-12, R-12A, R-10, and
R-7.5 zone districts may be allowed provided the gross residential
density established for the zone in question, as listed in Subsection
18-908B8 is not exceeded and that the regulation and standards as
established in this section are complied with.
B.
Regulations and Standards.
1.
Required minimum lot area may be reduced up to 15%.
2.
Required minimum lot widths may be reduced up to 10% except that
no lot width shall be reduced to less than 50 feet. All other regulations
of this chapter shall be complied with.
3.
The land resulting from the reduction in lot size shall be set aside
for park, playground, or other recreational purposes.
4.
This land shall be dedicated and deeded to the Township for recreational
purposes.
5.
The soil, drainage, slope and location of the proposed recreation
area shall be deemed suitable by the Board for recreational purposes.
In its review of an application for lot reduction under this section,
the Board shall consider the location of the proposed recreational
area with respect to the location of the Township's population, traffic,
and the possible addition of more land to the area proposed for dedication.
6.
The land to be dedicated shall have direct access to a public right
of way.
7.
The area set aside for the recreational purposes shall not be less
than one acre with its least dimension not less 150 feet, unless this
area is to be added to another recreational area at this time or sometime
in the future.
8.
The maximum gross residential density for the respective residential
zones shall be as follows:
|
R-20
|
1.9 dwelling units per acre
|
|
R-15
|
2.5 dwelling units per acre
|
|
R-12&12A
|
3.1 dwelling units per acre
|
|
R-10
|
3.7 dwelling units per acre
|
|
R-7.5
|
4.8 dwelling units per acre
|
[Ord. No. 2006-31 § 3]
A.
Purpose. The purpose of this section is to authorize temporary housing
for residents of a single-family home whose primary dwelling place
is destroyed by a natural disaster or catastrophic accident.
B.
Applicability. This section will authorize the placement of a temporary
residential trailer on a lot where the principal dwelling has been
destroyed by a natural disaster or catastrophic accident and is being
repaired or replaced.
C.
Permit. A person or representative of persons whose primary dwelling
place has been destroyed by a natural disaster or catastrophic accident
shall, within 30 days of the event that caused the destruction, make
application to the Zoning Officer for a permit to a place a temporary
residential trailer on the building lot of the dwelling place. The
trailer must conform to the requirements of a manufactured home as
defined in the Uniform Construction Code, N.J.S.A. 52:27D-121.
D.
Notification. At the time of the application to the Zoning Officer
for the permit, the applicant shall notify all contiguous property
owners by certified mail of the application. The notice shall indicate
the nature of the application and the fact that the contiguous property
may voice any objection or comment regarding the application to the
Zoning Officer within 10 days of the receipt of the certified notice.
E.
Setback. Any trailer so placed must be placed at a minimum setback
of 20 feet from the front of the building lot property line, five
feet from each side of the building lot property line and 15 feet
from the rear of the building lot property line.
F.
Duration. The temporary trailer so authorized shall be for the sole
purpose of temporary residence for the person or persons whose primary
dwelling place has been destroyed by a natural disaster or catastrophic
accident. The authorization shall not exceed six months, except that
additional authorization may be granted in the discretion of the Zoning
Officer on a month-to-month basis if the repair or replacement of
the dwelling house is not complete, however, in any event, the authorization
shall not exceed 12 months.
G.
Approval. The temporary residential trailer may not be occupied unless
approval for such occupancy is granted after inspection by the Township
Construction Code Official. The Construction Code Official shall inspect
the temporary trailer for approval within three days of the application
for occupancy to the Zoning Officer.
H.
Revocation. The Construction Code Official is authorized to make
periodic inspections of the temporary residential trailer at the request
of the Zoning Officer. After such inspections, the Construction Code
Official may recommend continued occupancy in accordance with the
provisions of this section or the Construction Code Official may recommend
that the permit for temporary occupancy be vacated if an unsafe or
unhealthy condition exists at the temporary residential trailer.
[Ord. No. 2008-39 §§ 1—9; Ord. No. 2014-19]
A.
Purpose. The purpose of this section is to regulate basement apartments
as defined herein within the Township of Lakewood to ensure the apartment's
compliance with safety rules and regulations.
B.
A basement apartment must meet all requirements of a basement as
defined by State codes and statutes.
C.
Definitions. A basement apartment must have an address designation
and mailbox recognized by the USPS, along with a kitchen, bathroom,
bedroom and living area that is solely contained beneath the ground
floor and separate from the residence above the ground floor.
D.
Permitted Use. Basement apartments are permitted uses in all residential
zones or those that have been grandfathered because they have been
established prior to any zone change except as set forth in Subsection
I of this section.
E.
There shall be only one basement apartment per single-family residence
to include townhouses and condominiums. The said basement apartment
shall be a rental unit for lease.
F.
The basement apartment must have its own independent means of entry
and exit as well as a secondary egress window or door in accordance
with all requirements of the State codes and statutes.
G.
The basement apartment and upstairs unit must have access to all
utility meters and shutoffs.
H.
The basement apartment and the area above ground level must be separated
by a fire separation system, have smoke and carbon dioxide detectors
pursuant to both State and local codes. It must totally comply with
all the requirements of the Uniform Construction Code.
I.
Prohibitions. Basement apartments are prohibited in the A-1 Agricultural
Zone and age restricted communities.
[Ord. No. 2009-38 § 1]
A.
Purpose. The zero lot line residential development provisions of
this section are designed to provide a more affordable ownership housing
opportunity for a wide range of income groups while assuring compatibility
with, and maintaining the stability and quality of, existing neighborhoods;
to provide the opportunity for lower development costs and lower per-unit
land costs that subsequently lower the cost of housing for the consumer;
to provide an economical and logical response to high-cost infill
properties; to promote a more efficient utilization of land; and to
promote energy conservation.
B.
Applicability. The provisions of this article are intended to serve
as conditions required for approval of zero lot line residential dwelling,
as they may be permitted within the R-10, R-7.5, R-M, B-1, and B-2
zoning districts. It is not intended that this article apply to townhouse
developments involving no side yard setbacks on either side, or condominium
developments.
C.
Buildings and Activities Allowed. Within the R-10, R-7.5, R-M, B-1,
and B-2 zones established by this section, the following duplex uses
are permitted, subject to other applicable provisions of this section.
1.
A newly constructed or proposed duplex, where the duplex is constructed
to the development standards provided in this article and intended
to be divided into two separately owned structures and lots, thereby
creating two zero lot line dwellings.
2.
Conversion of an existing duplex to a zero lot line dwelling, provided
that the other provisions of this article are met.
D.
Property Development Standards.
1.
Area:
a.
Unless otherwise modified by other provisions of this article, a
minimum of 50% of the required lot area for duplex structures in the
respective zone shall be provided.
b.
In the case of an existing irregular shaped lot that meets the minimum
lot of the zone, a zero lot line duplex may be permitted where the
two lots may not each be 50% in area of the requirement of the zone,
provided that other development standards of this article are met.
c.
In the case of an existing approved duplex on an undersized lot,
a zero lot line dwelling may be permitted where the two lots are each
50% in area, provided that other development standards of this article
are met.
3.
Height: per the zone
4.
Coverage: per the zone
5.
Parking: Off-street parking shall be provided in accordance with
as if each unit were a single-family dwelling.
6.
Street Frontage: It is the legislative intent of this provision of
the Ordinance to provide zero lot line residential development with
clear, unencumbered public street frontage and vehicular access to
each unit. The minimum public street frontage requirements for each
zero lot line parcel shall be 50% of the frontage requirements of
the zone.
E.
Procedures for Review.
1.
The application shall include such information and documentation as required by the Planning Board and shall meet all the requirements of minor subdivision plats set forth in § 18-608.
2.
The application shall be accompanied by such application and escrow
fees established by the Planning Board.
3.
Applications for development or conversion of zero lot line dwellings
shall be processed, reviewed, and approved by the Planning Board or
Subdivision Committee of the Planning Board appointed by the Chairman
administratively in accordance with the provisions of N.J.S.A. 40:55D-47
without the requirement of public notice and public hearing.
F.
Criteria for Approval of Development. In review of a proposed zero
lot line residential development, the following criteria shall be
met.
1.
The proposed development complies with all other applicable provisions
of this section.
2.
A written agreement signed by the owner of the property, "Owners
Agreement," shall be filed with application for approval, and shall
include provisions as determined to be appropriate by the Planning
Board, for resolving the following items associated with the use,
maintenance and repair of common areas and facilities:
a.
Assurance that the building and surrounding property will be used
for residential purposes only;
b.
Provisions for mutual consent prior to making structural, paint,
or decorative changes to the building exterior;
c.
Provisions granting access or easement to each owner for the purpose
of maintaining or repairing the structure and related facilities;
d.
Assurance that the owner(s) will obtain insurance coverage in an
amount not less than the full replacement value of the structure;
e.
Provisions for liability and equitable treatment in the event of
damage or destruction of the building due to fire or other casualty;
f.
Provision for emergency action by one party in the absence of the
other where an immediate threat exists to the property of the former;
and
g.
Provision that in the event all or part of the structure is destroyed,
the only structure that may be constructed on the property is an attached
zero lot line structure that is exactly the same dimensions in the
same location on the lot as the original structure.
|
Such Owners Agreement shall be filed with the County Clerk upon
approval of the proposed development and shall become perpetual deed
restrictions to the property.
|
[Ord. No. 2016-40]
A.
Purpose. The Oak Street Core Residential Development provisions of
this section are designed to provide a more affordable ownership housing
opportunity for a wide range of income groups while assuring compatibility
with, and maintaining the stability and quality of, existing neighborhoods;
to provide the opportunity for lower development costs and lower per-unit
land costs that subsequently lower response to high-cost infill properties;
to promote a more efficient utilization of land, and to promote energy
conservation.
B.
Applicability. The provisions of this section are intended to serve
as conditions required for approval of minor subdivisions for residential
development in the Oak Street Core, as they may be permitted within
the R-IOA, B-3 and HD-7 zoning districts. It is not intended that
this section apply to places of worship or schools.
C.
Oak Street Core Area Allowed.
Within the R-10A, B-3 and HD-7 zones within the Oak Street Core,
the following blocks shall be permitted to submit for minor subdivision
approval in accordance with the provisions of this section:
Blocks 1016 thru 1025, 1026 thru 1029, 1032 thru 1050 as shown
on sheets 137 and 140 of the Lakewood Township Tax Maps, also known
as lots 4166 thru 4187, 4210 thru 4238, 4263 thru 4341 on Map F River
Avenue Section of Lakewood Filed as Map F-174 in the Ocean County
Courthouse on 12/16/1921; lots 7660 thru 7762, 7807 thru 7959, 7966
thru 8068, 8112 thru 8215, 8272 thru 8374, 8414 thru 8499, 8556 thru
8585 on Fifth Map of Lakewood Pines filed as Map C-158 in the Ocean
County Courthouse on 11/09/1920; and lots 7051 thru 7153, 7216 thru
7366, 7425 thru 7484 on Fourth Map of Lakewood Pines, filed as Map
B-158 in the Ocean County Courthouse on 04/20/1920; and lots 1 thru
66, 87 thru 152, 173 thru 239, 286 thru 372 on River Avenue Section
N, Map-A, filed as Map A-174 in the Ocean County Courthouse on 08/13/1919.
D.
Property Development Standards.
2.
The property must be included in the CAFRA Permit #1514-14-0005.1
CAF14001 approved by the NJDEP dated March 27, 2015, as shown on plans
prepared by FWH Associates entitled "Oak Street Corridor Improvement
Plan" dated August 4, 2014 and revised through November 20th, 2015.
3.
Lot and road configuration shall be compatible with filed maps referenced
in 18-912C.
E.
Procedure for Review.
1.
The application shall include such information and documentation as required by the Planning Board and shall meet all the requirements of Minor Subdivision Plats set forth in § 18-608.
2.
The application shall be accompanied by such application and escrow
fees established by the Planning Board.
3.
Application for minor subdivision approval in accordance with this
section shall be processed, reviewed, and approved by the Planning
Board or subdivision committee of the Planning Board appointed by
the Chairman administratively in accordance with the provisions of
N.J.S.A. 40:55D-47 without the requirement of public notice and public
hearing.
F.
Criteria for Approval Development. In review of a proposed residential
development, the following criteria shall be met:
1.
The proposed development complies with all other applicable provisions
of this section.
2.
All improvements required per the aforementioned CAFRA Permit #1514-14-0005.1
CAF 140001 which relates to the proposed property must be installed
or there is a Developer's Agreement in place with a Developer and
the Township of Lakewood which includes provisions requiring the installation
of the improvements.
