It having been determined that there is a need for alternative
housing in the Township of Lakewood for the adult population who no
longer maintain a residence for their children and which is comprehensively
designed to meet the needs of adults. Adult communities are hereby
authorized to be developed in those residential zones in which adult
communities are recognized as a permitted use, upon compliance with
the design criteria set forth in this section and approval of the
general development plan, preliminary and final subdivision/site plan
approvals from the Planning Board of the Township of Lakewood as hereinafter
described:
A. Definitions.
1. ADULT COMMUNITY PROJECT ("ACP") – As described herein shall
mean a private residential community comprised of various housing
types and accessory uses intended for, and limited and restricted
to, use and occupancy of:
a.
Any person of the age of 55 years or over; or
b.
A husband or wife, regardless of age, residing with his or her
spouse, provided the spouse of such person is of the age of 55 years
or over; or
c.
The child or children residing with a permissible occupant,
provided the child or children is or are of the age of 19 years or
over; or
d.
The individual or individuals, regardless of age, residing with
and providing physical or economic support to a permissible occupant.
The foregoing occupancy restrictions shall not be construed
to prohibit the occupants of any unit in an adult community project
from entertaining guests, of any age, in their units, including temporary
residency not to exceed three months with no financial or other pecuniary
consideration to be paid therefor.
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2. ATTACHED UNIT – As used herein shall mean a unit which is connected
to another unit by a party wall, trellis, fence, overhang or other
similar appurtenances.
3. DETACHED UNIT – As used herein shall mean a unit which is not
physically connected to any other unit.
4. GARDEN FLAT UNITS – As used herein shall mean attached units
which are both horizontally and vertically connected to other attached
units.
5. MULTI-UNIT BUILDING – As used herein shall mean any building
containing attached units or garden flat units.
6. UNIT – As used herein shall mean a single family residence.
B. Minimum tract size. An ACP may only be developed on one or more contiguous
parcels of land having a total gross area of not less than 100 acres
within the R-40 zone. An ACP may also be developed on one or more
contiguous parcels of land having a total gross area of not less than
50 acres within the R-20/R-12 zone, provided that the tract is abutting
or directly across an existing public street from an existing ACP.
An ACP within the R-20/R-12 zone must meet the recreation facility
and amenity requirements of this subsection.
C. Permitted principal uses. The principal uses of buildings in an ACP
shall be limited to the following:
1. Units of all types provided that they comply with the area and bulk
zoning requirements of this subsection.
3. Sales and administrative offices required for the construction, sale,
resale and management of the ACP.
5. The commercial uses permitted under this subsection.
D. Permitted accessory uses. The accessory uses of buildings and structures
in an ACP shall be limited to the following:
1. Master television antenna system and/or cable television antenna/reception
facilities.
2. Common parking areas for guest parking or dedicated for specific
parking purposes such as a recreational vehicle and trailer parking.
3. Buildings for storage of vehicles, equipment and supplies.
4. Outbuildings and structures as part of recreation facilities.
E. Area requirements. The following area requirements shall apply to
any ACP:
1. Maximum building coverage: 25 percent of gross area of ACP tract.
2. Maximum building density: 4.5 units per gross acre of ACP tract exclusive
of commercial uses.
3. Minimum open space: Either 50 percent open space of gross area of
ACP tract or 20 percent common open space of gross area of ACP tract.
For purposes of this requirement "open space" shall mean those portions
of the ACP tract not covered by buildings structures of any kind,
streets or other surfaces paved with impervious materials.
[Amended 9-2-2021 by Ord. No. 2021-50]
F. Bulk requirements. The following bulk requirements shall apply to
the applicable unit types in an ACP.
1. For detached units on individual lots: All detached units to be constructed
on individual lots in an ACP shall comply with and conform to the
following requirements:
a.
Minimum lot area:
(1)
Corner lot: 7,000 square feet
(2)
Interior lot: 5,000 square feet
b.
Minimum lot width and frontage:
(3)
In the case of an irregularly shaped lot, the minimum lot frontage
may be reduced to 60 percent of the minimum requirement.
c.
Minimum lot depth: 100 feet
d.
Minimum setbacks:
(3)
Combined side yards: 10 feet
e.
Minimum distance between buildings: 10 feet
f.
All units having a zero lot line shall have a windowless wall
utilizing solid or opaque materials or obscure glass along the zero
lot line.
2. For detached units on common property:
a.
Minimum setback from interior roadway or circulation driveway:
20 feet
b.
Minimum distance between detached units:
(1)
For units oriented side-to-side to each other the minimum distance
between buildings shall be 20 feet, except in such cases where the
facing wall of one unit is windowless, whereupon the minimum distance
may be reduced to 10 feet.
(2)
For units oriented at 90 degrees to each other the minimum distance
between buildings shall be 20 feet.
(3)
For units oriented rear-to-rear to each other the minimum distance
between buildings shall be 40 feet.
3. For attached units on individual lots:
a.
Minimum lot width: 30 feet
b.
Minimum lot depth: 100 feet
c.
Minimum setback from interior roadway or circulation driveway:
20 feet
4. For attached units on common property:
a.
Minimum setback from interior roadway or circulation driveway:
20 feet
5. For garden flat units on common property:
a.
Minimum setback from interior roadway or circulation driveway:
25 feet
b.
Minimum setback from interior parking lot: 10 feet
6. Minimum distance between multi-unit buildings:
a.
For multi-unit buildings oriented at 90 degrees to each other
the minimum distance between same shall be equal to the building height.
b.
For multi-unit buildings oriented end-to-end to each other,
the minimum distance between same shall be equal to one-half (0.5)
the building height.
c.
For multi-unit buildings oriented with parallel axis facing
each other, the minimum distance between same shall be one and one-half
(1.5) times the building height.
7. Maximum units per multi-unit building: 8
8. Minimum parking requirements.
a.
For each detached unit: 2.0 spaces
b.
For each unit in a multi-unit building: 2.0 spaces
c.
At a minimum, each detached unit shall contain one garage space
which will count as one space. A private driveway with the capacity
for off-street parking for one automobile shall be deemed to constitute
one parking space.
d.
Construction, design, lighting, screening and landscaping of
parking areas and streets shall conform to the applicable provision
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.
9. Maximum building height: 35 feet or two and one-half (2.5) stories
except as provided in Subsection l below.
G. Utilities. An ACP must be fully serviced by central water transmission
and sanitary sewerage facilities owned and operated by the Lakewood
Township Municipal Utilities Authority or duly franchised public utility
companies.
H. Recreation facilities. Any ACP shall contain and provide for the
benefit, use and enjoyment of its residents, the following recreation
facilities:
1. Any ACP located within all zoning districts shall contain a recreation
area which shall contain a recreation building comprised of at least
15 square feet of floor area (inclusive of basement area) for each
unit intended to be developed in the ACP. If the developer proposes
to develop the ACP in phases or sections with separate recreation
facilities for each phase or section each building shall contain 15
square feet of floor area (inclusive of basement area) for each unit
intended to be developed in the phase or section to be served by that
recreation building.
2. Swimming pool with a minimum area of twenty-eight hundred (2,800)
square feet plus an additional area equal to five square feet for
each unit in excess of 500 units to be service by said pool. The size
of the swimming pool shall be able to accommodate swimming lanes (each
swimming lane is currently 25 meters in length by two and two-thirds
(2-2/3) meters in width) in accordance with National Recreation and
Park Standards. Each swimming pool shall be serviced by an adjacent
improved sitting area surrounding all sides of the pool with an aggregate
area equal to twice the water surface area of the pool. Indoor and
outdoor pool areas may be combined to meet the minimum area requirements.
3. Parking facilities serving the recreation area with a minimum number
of parking spaces equal to one space for each 50 square feet of area
comprising the recreation building.
I. Optional recreation facilities. An ACP may provide, in addition to
the recreation facilities prescribed in Subsection H above any one
or more of the following facilities:
1. Golf course ("ACP golf course").
7. Fitness-exercise courses.
8. Gardening areas (including greenhouses).
10.
Such other activities which the planning board shall find to
be consistent with the lifestyle of residents of an ACP and which
are subordinate to the residential character of an ACP.
J. Ownership of recreation facilities. Except for an ACP golf course,
recreation facilities shall be owned by the homeowner's association
(defined below). Provided, however, that in the event that an ACP
golf course is intended to be owned by other than the homeowners'
association ("private ownership") the ACP golf course must be so identified
in the application for preliminary subdivision or site plan approval
and must satisfy the following criteria:
The developer-applicant shall provide adequate assurances (through
recorded deed restrictions or agreements) that the ACP golf course
shall be available for use and enjoyment by all residents of the ACP
upon terms and conditions no less favorable than offered to any person
not a resident of the ACP and at a cost to the homeowners' association
not greater than the homeowners' association would incur for its operation,
upkeep, repair and maintenance if owned by the homeowners' association.
K. Setback and distance measurements. Building setbacks and minimum
distances between all buildings shall be measured to building foundation
lines, excluding foundations for fireplaces, porches and other exterior
protrusions of a building which do not protrude beyond six feet from
the building foundation line.
L. Perimeter boundary setbacks. No buildings or structures, other than
entrance gate-houses, walls or fences, shall be located within 75
feet of any exterior boundary line of the ACP tract. The building
height of any residential building adjacent to any perimeter boundary
setback abutting an R-20 Residential Zone shall not exceed 25 feet.
M. Homeowners' association; recorded covenants. Any ACP shall be governed
and regulated by one or more recorded declaration of covenants and
restrictions ("C&Rs") which shall provide for and create one or
more incorporated membership organizations under Title 15 of the New
Jersey Statutes in which all unit owners in the ACP shall be required
to be members (the "homeowners' association"). The C&Rs shall
provide for (i) the ownership, maintenance, operation and upkeep of
all recreation facilities, open space, streets and other common areas
within the ACP by the homeowners' association, (ii) the restrictions
on unit occupancy set forth in Subsection A above, (iii) the procedure
for creating, imposing and collecting assessments from each unit owner
to finance the foregoing, and (iv) the organization, operation and
management of the homeowners' association. A complete copy of the
proposed C&Rs and all documents creating and organizing the homeowners'
association shall be submitted to the planning board for review and
approval with the first application for final subdivision and/or site
plan approval submitted for the ACP or the first section thereof.
N. Streets and roads. All streets and roads in an ACP shall conform
to the provisions of this chapter and the requirements of the Residential
Site Improvement Standards except as hereinafter specifically provided.
1. Provided that the developer-applicant of an ACP shall expressly condition
the preliminary subdivision and/or site plan approval of the ACP upon
all streets and roads within the ACP being privately owned and maintained
by the homeowners' association in perpetuity, such streets and roads
shall be constructed in accordance with this chapter, except as follows:
(i) minor streets (i.e. streets of not more than 1,200 feet in length
which shall be through streets or terminate in a cul-de-sac) shall
have an overall paved roadway width of 22 feet; (ii) minor collector
streets shall have a paved roadway width of 30 feet and (iii) major
collector streets shall have a paved roadway of 40 feet. All ACP streets
shall be constructed with a six inch road gravel base conforming to
the New Jersey Highway Specifications Grade A or B, with a CABC-1
of one and one-half (1.5) inch thickness of bituminous concrete binder
course and a one inch bituminous concrete surface course. If roll
curbing is utilized, the measurement of the parcel roadway width shall
include roll curb. Curbs shall be constructed in accordance with this
chapter except as follows: (i) minor streets shall have a curb radius
of 15 feet and minor collector and major collector streets shall have
a curb radius of 20 feet; (ii) cul-de-sac of minor streets and minor
collector shall have a minimum curb radius of 40 feet and no parking
shall be allowed in the cul-de-sac. Sidewalks where proposed shall
have a minimum width of three and one-half (3.5) feet. Additional
sidewalks may be required by the planning board.
2. In the event a developer-applicant of an ACP intends to seek, or
reserve unto the homeowners' association the option to seek, to have
the Township accept for maintenance some or all of the streets and
roads within the ACP at some future time, then all streets, roads,
curbs and sidewalks shall strictly conform to the applicable design
requirements of this chapter. Provided, however, that the Township
shall be under no obligation to accept said streets and roads.
O. Drainage. All on-site drainage shall be provided for in accordance
with Lakewood Township storm drainage requirements and applicable
Township ordinances pertaining to subdivision and development of lands.
P. Driveways, walks and parking areas. There shall be provided a safe
and convenient system of driveways, walks and parking areas. Due consideration
shall be given in planning walks, ramps and driveways to prevent slipping
or stumbling. Gradients of walks shall not exceed 7% except where
required to meet handicapped access requirements.
Q. Commercial uses. As part of an ACP, a developer-applicant may designate
one or more parcels of the ACP tract for development of those commercial
uses hereinafter designated as permitted commercial uses in an ACP,
subject to the following requirements:
1. The aggregate amount of land in the ACP tract designated for all
commercial uses shall not exceed the lesser of 10 acres or 5% of the
total area of the ACP tract.
2. The aggregate finished floor area of all commercial uses in an ACP
shall not exceed 20% of the aggregate land area of the ACP designated
for commercial use.
3. No commercial use or parking area serving a commercial use shall
be located less than 300 feet from any perimeter boundary line of
an ACP.
4. No commercial building shall exceed 30 feet in height. Provided,
however, that any building originally constructed within an ACP for
residential use and subsequently converted to commercial use shall
not exceed 35 feet in height.
5. Parking areas shall be provided to serve all commercial uses with
a capacity of one parking space for each 200 square feet of commercial
space. Provided, however, that the planning board may approve parking
areas designed to serve both commercial uses and recreation facilities
in the ACP upon finding that the proposed parking areas are adequate
to serve both uses.
6. No commercial use shall be located closer than (i) 35 feet from the
curb line of any major or minor collector street, or (ii) 15 feet
from the curb line of any minor street.
7. No parking area serving commercial uses shall be located closer than
20 feet from the curb line of any major collector or minor collector
street.
8. No commercial use shall be located closer than 100 feet from any
residential building and all commercial uses shall be screened from
adjoining residential uses by landscaped buffer areas.
9. The following are the only commercial uses permitted in an ACP and,
in each instance, shall be designed, operated and maintained for the
principal use of ACP residents and their guests:
a.
Medical and dental offices for all recognized fields of medicine.
b.
Professional offices for attorneys, accountants and real estate,
insurance and stock brokers.
c.
Personal service offices for travel agencies, interior decorators
(which use shall be limited to retail sales to residents of the ACP
in conjunction with the sale of units in the ACP), banks, barber and
beauty shops.
[Ord. No. 2006-3 § 3]
Wireless Telecommunications Towers and Antennas shall be permitted
in the M-1 Zone upon meeting the conditions set forth herein:
A. Purpose. The purpose of these regulations for the siting of wireless
telecommunications towers and antennas is to: (1) protect residential
areas and land uses from potential adverse impacts of towers and antennas;
(2) encourage the location of towers in appropriate locations; (3)
minimize the total number of towers throughout the Township; (4) strongly
encourage the joint use of approved tower facilities as a primary
option rather than construction of new or additional single-use towers;
(5) encourage uses of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
(6) encourage users of towers and antennas to configure them in a
way that minimizes the adverse visual impact of the towers and antennas
through care design, siting, landscape screening, and innovative camouflaging
techniques; (7) enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively,
and efficiently; (8) consider the public health and safety of communication
towers; and (9) avoid potential damage to adjacent properties from
tower failure through engineering and care siting of tower structures.
In furtherance of these goals, Lakewood Township shall give due consideration
to the Township master plan, zoning map, existing land uses, and environmentally
sensitive areas in approving sites for the location of towers and
antennas.
B. Nonapplicability to Amateur Radio Stations and to Receive-Only Antennas.
The provisions of this section shall not govern any antenna that is
owned and operated by a federally-licensed amateur radio station operator
or is used exclusively as a receive-only antenna in accordance with
Federal Communications Commission regulations.
C. Antennas and Towers Permitted on Township Property. Wireless communications
towers and antennas which are located on property owned, leased, or
otherwise controlled by the Township of Lakewood and which are approved
by the Township Committee shall be deemed to be permitted as a municipal
facility in any zone district.
D. Antennas and Towers Which are Not Municipal Facilities. Wireless
telecommunications towers and antennas may be permitted on non-municipal
property in only the M-1 Zone, upon submission and approval of a site
plan and conditional use permit in accordance with the regulations
set forth below:
1. General Requirements.
a.
Principal or Accessory Use. Wireless telecommunications towers
and antennas may be considered either principal or accessory uses.
A different existing use of an existing structure on the same lot
shall not preclude the installation of an antenna or tower on such
lot.
b.
Lot Size. For purposes of determining whether the installation
of a tower or antenna complies with district development regulations,
including but not limited to setback requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
c.
Inventory of Existing Sites. Each applicant for an antenna and/or
tower shall provide to the Township as part of the application and
inventory of its existing towers, antennas, or sites approved for
towers or antennas, that are either within the jurisdiction of Lakewood
Township or within one mile of the border thereof, including specific
information about the location, height, and design of each tower.
The Township may share such information with other applicants applying
for approvals under this section or other organizations seeking to
locate antennas with the jurisdiction of Lakewood Township, provided,
however, that the Township is not, by sharing such information, in
any way representing or warranting that such sites are available or
suitable.
d.
Aesthetics. Towers and antennas shall meet the following requirements.
(1)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
(3)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
e.
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
f.
State or Federal Requirements. All towers must meet or exceed
current standards and regulations of the FAA, the FCC, and any other
agency of the State or Federal government with the authority to regulate
towers and antennas.
g.
Uniform Construction Code: Safety Standards. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is
maintained in compliance with standards contained in applicable State
and municipal codes including the New Jersey Uniform Construction
Code and the applicable standards for towers that are published by
the Electronic Industries Association, as amended from time to time.
If, upon inspection, the Township concludes that a tower fails to
comply with such codes and standards and constitutes a danger to persons
or property, then upon notice being provided to the owner of the tower,
the owner shall have 30 days to bring such tower into compliance with
such standards. Failure to bring such tower into compliance within
said 30 days shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
h.
Measurement. For purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in Lakewood Township irrespective of municipal and County
jurisdictional boundaries.
i.
Franchises. Owners and/or operators of towers or antennas shall
certify that all franchises required by law for the construction and/or
operation of a wireless communication system in Lakewood Township
have been obtained and shall file a copy of all required franchises
with the Township.
j.
Public Notice. For purposes of this section any variance request
or request for site plan approval shall require public notice to all
abutting property owners and all property owners of properties that
are located within the corresponding separation distance listed in
§ 1012D1s in addition to any notice otherwise required by this
chapter.
k.
Signs. No advertising signs shall be allowed on an antenna or
tower.
l.
Buildings and Support Equipment. Buildings and support equipment
associated with antennas or towers shall comply with the requirements
of § 1012D2.
m.
Multiple Antenna/Tower Plan. Lakewood Township encourages the
users of towers and antennas to submit a single application for approval
of multiple towers and/or antenna sites. Applications for approval
of multiple sites shall be given priority in the review process.
n.
Maximum Height. The tower shall meet the following maximum height
and usage criteria:
(1)
For a single user, up to 90 feet in height;
(2)
For two users, up to 120 feet in height; and
(3)
For three or more users, up to 150 feet in height.
A licensed New Jersey Professional Engineer must certify that
the tower can structurally accommodate the number of shared users
proposed by the applicant.
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o.
Information Required. In addition to any information required
for applications for site plan review pursuant to this chapter, applicants
for approval for a tower shall submit the following information:
(1)
A location plan drawn to scale and clearly indicating the location,
type and height of the proposed tower, on-site land uses and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities),
Master Plan classification of the site and all properties within the
applicable separation distances set forth in § 1012D1s, adjacent
roadways, proposed means of access, setbacks from property lines,
elevation drawings of the proposed tower and any other structures,
topography, and parking.
(2)
Legal description of the parent tract and leased parcel (if
applicable).
(3)
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties, and unplatted
residentially zoned properties.
(4)
The separation distance from other towers described in the inventory
of existing sites submitted pursuant to § 1012D1s shall be shown
on an updated site plan or map. The applicant shall also identify
the type of construction of the existing tower(s) and the owner/operator
of the existing tower(s), if known.
(5)
A landscape plan showing specific landscape materials.
(6)
Method of fencing, and finished color and, if applicable, the
method of camouflage and illumination.
(7)
A description of compliance with D1c, d, e, f, g, and all applicable
Federal, State or local laws.
(8)
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(9)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
(10)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed tower.
(11)
A description of the feasible location(s) of future towers or
antennas within the Township based upon existing physical, engineering,
technological or geographical limitations in the event the proposed
tower is erected.
p.
Factors Considered in Granting Approval for Towers. In addition
to any standards for consideration of site plans pursuant to this
chapter, the municipal agency shall consider at least the following
factors in determining whether to issue an approval:
(1)
Height of the proposed tower;
(2)
Proximity of the tower to residential structures and residential
district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(7)
Proposed ingress and egress; and
(8)
Availability of suitable existing towers, other structures,
or alternative technologies not requiring the use of towers or structures,
as discussed in § 1012D1q of this chapter.
q.
Availability of Suitable Existing Towers, Other Structures,
or Alternative Technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the municipal
agency that no existing tower, structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the municipal agency related to the availability of suitable
existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna may consist
of any of the following:
(1)
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(4)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(5)
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(7)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
r.
Minimum Required Setback. The following setback requirements
shall apply to all towers for which site plan approval is required.
(1)
Towers must be set back a distance equal to at least 100% of
the height of the tower from any adjoining lot line, but in no event
shall the tower be located in the minimum required yard area or buffer
area of the zone district.
(2)
Guys and accessory buildings must satisfy the minimum zoning
district setback and buffer requirements.
s.
Minimum Separation Requirement Between Uses. The following separation
requirements shall apply to all towers and antennas for which site
plan approval is required:
(1)
Separation from off-site uses/designated areas.
(a) Tower separation shall be measured from the base
of the tower to the lot line of the off-site uses and/or designated
areas as specified in (b), below, except as otherwise provided.
(b) Towers shall maintain a minimum radial separation
distance of 1,500 feet from residential dwelling units or lands zoned
for residential use.
(2)
Separation distances between towers. Separation distances between
towers shall be applicable for and measured between the proposed tower
and pre-existing towers or other proposed towers. The separation distances
shall be measured by drawing or following a straight line between
the base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown below in the table of required separation
distances between towers.
Schedule 1: Required Separation Distances Between Wireless Communications
Towers
|
---|
Tower Type
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less than 75 Feet in Height
|
---|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
Monopole 75 Feet in Height or Greater
|
1,500
|
1,500
|
1,500
|
750
|
Monopole Less than 75 Feet in Height
|
750
|
750
|
750
|
750
|
t.
Security Fencing. Towers shall be enclosed by security fencing
no less than six feet in height and shall also be equipped with an
appropriate anti-climbing device; provided, however, that the municipal
agency may waive such requirements, as it deems appropriate.
u.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which site plan approval is required; provided,
however, that the municipal agency may waive such requirements if
the goals of this section would be better served thereby.
(1)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences.
(2)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced.
(3)
Existing mature tree growth and natural landforms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
v.
In approving the tower, the municipal agency may impose conditions,
including the use of an alternative tower structure, to the extent
the municipal agency concludes such conditions are necessary to minimize
any adverse effect of the proposed tower on adjoining properties.
2. Buildings or Other Equipment Storage.
a.
Antennas Mounted on Structures or Rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(1)
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 65 feet in height,
the related unmanned equipment structure, if over 200 square feet
of gross floor area or 10 feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
(2)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structure
shall not occupy more than 10% of the roof area.
(3)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
b.
Antennas Located on Towers, Utility Poles, or Light Poles. The
related unmanned equipment structure shall not contain more than 200
square feet of gross floor area or be more than 10 feet in height,
and shall be located in accordance with the minimum yard and buffer
requirements of the zoning district in which located and shall be
screened from view of all residential properties.
3. Removal of Abandoned Antennas and Towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the Township of Lakewood
notifying the owner of such abandonment. Failure to remove any abandoned
antenna or tower within said 90 days shall be grounds to remove the
tower or antenna at the owner's expense. If there are two or more
users of a single tower, then this provision shall not become effective
until all users cease using the tower.
4. Pre-existing Towers. Pre-existing towers which are operating at the time of the adoption of this section shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this section. If the use of a tower has terminated and the use is determined to be abandoned, the requirements for removal in Subsection
3 above shall apply.
[Ord. No. 2010-61; Ord. No. 2014-8]
A. In those zone districts in which duplexes are a permitted conditional
use including the HD-7 Zone, duplexes shall be subject to the following
conditions:
1. Minimum lot size for existing lots shall be 10,000 square feet, except
for zone districts in which townhouses are a permitted conditional
use, in which case the minimum lot size shall be 8,500 square feet.
The tract density, including roadways and common areas, shall not
exceed eight duplex dwelling units per acre.
2. Minimum lot size for newly created lots shall be 10,000 square feet,
except for zoning districts in which townhouses are also a permitted
conditional use in which case the minimum lot size shall be 8,500
square feet, and all shall have a minimum lot width of 60 feet. The
tract density, including roadways and common areas, shall not exceed
eight duplex dwelling units per acre.
3. Front Yard Setback — 25 feet, except any development along
a State Highway shall provide a minimum front yard setback of 75 feet.
4. Rear Yard Setback — 15 feet.
5. Side Yard Setback — 7 feet with an aggregate of 15 feet.
6. Maximum building coverage — 30% except for zoning districts
in which townhouses are also a permitted conditional use in which
case the maximum building coverage shall be 40%.
7. Maximum Building Height — 35 feet.
[Ord. No. 2013-51 § 9; Ord. No. 2014-31; Ord.
No. 2016-11 § 10]
Digital Billboards shall be permitted as conditional uses in
the B-1, B-3, B-4, HD-6, HD-7 and M-1 zones subject to the following
conditions:
A. Up to five digital billboards shall be permitted to be constructed
within the Township. All digital billboards must be in full compliance
with all Federal, State and local regulations. This includes but is
not limited to all building, zoning and land use permits.
B. Each billboard is subject to a permitting process as established
by this chapter. Each application for a billboard permit must be accompanied
by $200 to be deposited with the Township Clerk. Permits may be issued
by the Township Clerk after a public bidding process has been completed.
Each billboard permit application shall require a separate public
bid to be advertised in the Township's designated newspaper and website
no less than 30 days before the scheduled opening of the bid.
C. The successful bidder must pay an annual fee of $500 for each billboard
and must comply with all of the terms and conditions of this chapter.
No billboard may be constructed without the application for the billboard
or permit without having first obtained a building permit from the
construction official of the Township.
D. Each operator or owner of a digital billboard shall provide the Township
of Lakewood access up to a maximum of 10% of the static display panels
in addition to an 18 inch high LED message board for public messages
and public service announcements. This will include a minimum of two
hours of total Township access time between the hours of 8:00 a.m.
and 6:00 p.m. This time may be expanded during Federal or State declared
emergencies in the interest of public safety.
E. Each face of the digital billboards may be oriented towards travelers
on the following roadways only:
F. A digital billboard may only be located at least 3,000 feet from
any other digital billboard located on the same roadway or highway
and in the same direction of travel as measured from any part of the
sign to any other digital billboard within the Township.
G. Digital billboards must be located at least 500 feet from any residential
property.
H. Each face of each digital billboard shall not exceed a height of
14 feet, a length of 48 feet, and an area of 672 square feet along
with the 18 inch LED message area along the bottom. The height shall
not exceed 40 feet, and the display face shall be located not less
than 15 feet above the adjacent street grade.
I. Digital billboards shall have a frame hold time of visibility of
no less than eight seconds. The use of streaming video, full motion
video, animation or frame effects is prohibited.
J. No digital billboard shall be permitted to operate unless it is equipped
with the following:
1. A default mechanism that shall freeze the sign in one position as
a static message if there is a malfunction; and
2. A mechanism able to automatically adjust the brightness of the display
on the billboard according to ambient light conditions by means of
a light detector/photocell.
K. No billboard may be located on top of, cantilevered over or otherwise
suspended above any building or structure.
L. Digital display brightness shall be as follows:
1. No digital billboard shall be permitted if its brightness is such
that it interferes with the effectiveness of a traffic control device.
2. Maximum brightness levels for each digital billboard shall not exceed
0.2 foot-candles over ambient light levels measured within 150 feet
of the sign. Each billboard must guarantee that the sign has been
preset to automatically adjust the brightness to these levels or lower.
A certification of same shall be presented to the appropriate Township
board for which the billboard is subject to approval. The Township
shall have the right at any reasonable time to ensure that the specified
brightness levels are maintained at all times.
3. Brightness of the digital billboard must be measured as follows:
a.
At least 30 minutes following sunset, a foot candle meter shall
be used to obtain an ambient light reading for the location. This
is done while the sign is off or dark. The reading shall be made with
the meter aimed directly at the sign area at the pre-set location.
b.
The sign shall then be turned on to take another reading with
the meter in the same location.
c.
If the difference between the two readings is 0.2 foot-candles
or less, the brightness is properly adjusted.
[Ord. No. 2017-51 § 30;
amended 9-2-2021 by Ord. No. 2021-50]
It having been determined that there is a need for housing in
the Township of Lakewood that is comprehensively designed to meet
the needs of Lakewood's residents, planned unit developments are hereby
authorized to be developed as a conditional use in the R-40 (Residential)
zone districts, upon compliance with the design criteria set forth
in this section and approval of the general development plan, preliminary
and final subdivision/site plan approvals from the planning board
of the Township of Lakewood as hereinafter described:
A. Planned unit development without any age-restriction requirements
are permitted conditionally in the R-40 (Residential) zone district.
1. This section shall become effective upon the adoption of the Amended
Zoning Map as specified in § 18-901B2.
B. Minimum Tract Size. A planned unit development may only be developed
on one or more contiguous parcels of land having a total gross area
of not less than 100 acres within the R-40 (Residential) zone district.
C. Permitted Principal Uses. The principal uses of buildings in a planned
unit development shall be limited to the following:
1. Residential units of all types provided that they comply with the
area and bulk zoning requirements of this subsection.
3. Sales and administrative offices required for the construction, sale,
resale and management of the planned community.
5. The commercial uses permitted under this subsection.
6. Community centers and recreation buildings, which may include buildings
for religious worship and related activities.
D. Permitted Accessory Uses. The accessory uses of buildings and structures
in a planned unit development shall be limited to the following:
1. Master television antenna system and/or cable television antenna/reception
facilities.
2. Common parking areas for guest parking or dedicated for specific
parking purposes such as a recreational vehicle and trailer parking.
3. Buildings for storage of vehicles, equipment and supplies.
4. Outbuildings and structures as part of recreation facilities.
E. Area Requirements. The following area requirements shall apply to
any planned unit development:
1. Maximum building coverage: 25 percent of gross area of planned unit
development tract.
2. Maximum building density: 3.6 units per gross acre of planned unit
development tract.
3. Minimum open space: 50 percent of gross area of planned unit development
tract. For purposes of this requirement "open space" shall mean those
portions of the planned unit development tract not covered by buildings
structures of any kind, streets or other surfaces paved with impervious
materials.
F. Bulk Requirements. The following bulk requirements shall apply to
the applicable unit types in a planned unit development.
1. For detached units on individual lots: All detached units to be constructed
on individual lots in a planned unit development shall comply with
and conform to the following requirements:
a.
Minimum lot area: 12,000 square feet
b.
Minimum lot width and frontage: 90 feet
c.
Minimum setbacks:
(3)
Combined side yards: 25 feet
d.
Accessory building:
(1)
Side yard setback: 10 feet
(2)
Rear yard setback: 10 feet
e.
Minimum distance between buildings: 20 feet
2. For attached units on individual lots:
a.
Minimum lot width: 30 feet
b.
Minimum lot depth: 100 feet
c.
Minimum setback from interior roadway or circulation driveway:
20 feet
3. For attached units on common property:
a.
Minimum setback from interior roadway or circulation driveway:
20 feet
4. For garden flat units on common property:
a.
Minimum setback from interior roadway or circulation driveway:
25 feet
b.
Minimum setback from interior parking lot: 10 feet
5. Minimum distance between multi-unit buildings:
a.
For multi-unit buildings oriented at 90 degrees to each other
the minimum distance between same shall be equal to the building height.
b.
For multi-unit buildings oriented end-to-end to each other,
the minimum distance between same shall be equal to one-half (0.5)
the building height.
c.
For multi-unit buildings oriented with parallel axis facing
each other, the minimum distance between same shall be one and one-half
(1.5) times the building height.
7. Maximum units per multi-unit building: 8 units
8. Minimum parking requirements shall comply with §
18-807 and the following:
a.
Construction, design, lighting, screening and landscaping of
parking areas and streets shall conform to the applicable provision
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.
9. Maximum building height: 35 feet or two and one-half (2.5) stories
except as provided in Subsection L below.
G. Utilities. A planned unit development must be fully serviced by central
water transmission and sanitary sewerage facilities owned and operated
by the Lakewood Township Municipal Utilities Authority or duly franchised
public utility companies.
H. Recreation Facilities. Any planned unit development shall contain
and provide for the benefit, use and enjoyment of its residents, the
following recreation facilities:
1. Any planned unit development shall contain a recreation area which
shall contain a recreation building comprised of at least 15 square
feet of floor area (inclusive of basement area) for each unit intended
to be developed in the planned community. If the developer proposes
to develop the planned community in phases or sections with separate
recreation facilities for each phase or section each building shall
contain 15 square feet of floor area (inclusive of basement area)
for each unit intended to be developed in the phase or section to
be served by that recreation building.
2. Active and passive recreation in compliance with the minimum open
space requirement of § 18-1021E3.
3. Parking facilities serving the recreation area with a minimum number
of parking spaces equal to one space for each 50 square feet of area
comprising the recreation building.
I. Optional Recreation Facilities. A planned unit development may provide,
in addition to the recreation facilities prescribed in Subsection
H above any one or more of the following facilities for the use of
the residents of the planned unit development and their guests:
5. Fitness-exercise courses.
6. Gardening areas (including greenhouses).
12.
Such other activities which the Planning Board shall find to
be consistent with the lifestyle of residents of a planned unit development
and which are subordinate to the residential character of a planned
community.
J. Ownership of Recreation Facilities. Except for a planned community
golf course, recreation facilities shall be owned by the homeowners'
association (defined below). Provided, however, that in the event
that a planned community golf course is intended to be owned by other
than the homeowners' association ("private ownership") the planned
community golf course must be so identified in the application for
preliminary subdivision or site plan approval and must satisfy the
following criteria:
1. The developer-applicant shall provide adequate assurances (through
recorded deed restrictions or agreements) that the planned community
golf course shall be available for use and enjoyment by all residents
of the planned community upon terms and conditions no less favorable
than offered to any person not a resident of the planned community
and at a cost to the homeowners' association not greater than the
homeowners' association would incur for its operation, upkeep, repair
and maintenance if owned by the homeowners' association.
K. Setback and Distance Measurements. Building setbacks and minimum
distances between all buildings shall be measured to building foundation
lines, excluding foundations for fireplaces, porches and other exterior
protrusions of a building which do not protrude beyond six feet from
the building foundation line.
L. Perimeter Boundary Setbacks. No buildings or structures, other than
entrance gate-houses, walls or fences, shall be located within 25
feet of any exterior boundary line of the planned community tract.
The building height of any residential building adjacent to any perimeter
boundary setback abutting an R-20 Residential zone shall not exceed
25 feet.
[Amended 9-2-2021 by Ord. No. 2021-50]
M. Homeowners' Association; Recorded Covenants. Any planned unit development
shall be governed and regulated by one or more recorded declaration
of covenants and restrictions ("C&Rs") which shall provide for
and create one or more incorporated membership organizations under
Title 15 of the New Jersey Statutes in which all unit owners in the
planned unit development shall be required to be members (the "homeowners'
association"). The C&Rs shall provide for (i) the ownership, maintenance,
operation and upkeep of all recreation facilities, open space, streets
and other common areas within the planned community by the homeowners'
association, (ii) the restrictions on unit occupancy set forth in
Subsection A above, (iii) the procedure for creating, imposing and
collecting assessments from each unit owner to finance the foregoing,
and (iv) the organization, operation and management of the homeowners'
association. A complete copy of the proposed C&Rs and all documents
creating and organizing the homeowners' association shall be submitted
to the Planning Board for review and approval with the first application
for final subdivision and/or site plan approval submitted for the
planned unit development or the first section thereof.
N. Streets and Roads. All streets and roads in a planned unit development
shall conform to the provisions of this chapter and the requirements
of the Residential Site Improvement Standards except as hereinafter
specifically provided.
1. Provided that the developer-applicant of a planned unit development
shall expressly condition the preliminary subdivision and/or site
plan approval of the planned unit development upon all streets and
roads within the planned community being privately owned and maintained
by the homeowners' association in perpetuity, such streets and roads
shall be constructed in accordance with this chapter, except as follows:
(i) minor streets (i.e. streets of not more than 1,200 feet in length
which shall be through streets or terminate in a cul-de-sac) shall
have an overall paved roadway width of 22 feet; (ii) minor collector
streets shall have a paved roadway width of 30 feet and (iii) major
collector streets shall have a paved roadway of 40 feet. All planned
community streets shall be constructed with a six inch road gravel
base conforming to the New Jersey Highway Specifications Grade A or
B, with a CABC-1 of one and one-half (1.5) inch thickness of bituminous
concrete binder course and a one inch bituminous concrete surface
course. If roll curbing is utilized, the measurement of the parcel
roadway width shall include roll curb. Curbs shall be constructed
in accordance with this chapter except as follows: (i) minor streets
shall have a curb radius of 15 feet and minor collector and major
collector streets shall have a curb radius of 20 feet; (ii) cul-de-sac
of minor streets and minor collector shall have a minimum curb radius
of 40 feet and no parking shall be allowed in the cul-de-sac. Sidewalks
where proposed shall have a minimum width of four feet. Additional
sidewalks may be required by the Planning Board.
2. In the event a developer-applicant of a planned unit development
intends to seek, or reserve unto the homeowners' association the option
to seek, to have the Township accept for maintenance some or all of
the streets and roads within the planned unit development at some
future time, then all streets, roads, curbs and sidewalks shall strictly
conform to the applicable design requirements of this chapter. Provided,
however, that the Township shall be under no obligation to accept
said streets and roads.
O. Drainage. All on-site drainage shall be provided for in accordance
with Lakewood Township storm drainage requirements and applicable
Township ordinances pertaining to subdivision and development of lands.
P. Driveways, Walks and Parking Areas. There shall be provided a safe
and convenient system of driveways, walks and parking areas. Due consideration
shall be given in planning walks, ramps and driveways to prevent slipping
or stumbling. Gradients of walks shall not exceed 7% except where
required to meet handicapped access requirements.
Q. Commercial Uses. As part of a planned unit development, a developer-applicant
may designate one or more parcels of the planned community tract for
development of those commercial uses hereinafter designated as permitted
commercial uses in a planned unit development, subject to the following
requirements:
1. The aggregate amount of land in the planned unit development tract
designated for all commercial uses shall not exceed the lesser of
10 acres or 5% of the total area of the planned unit development tract.
2. The aggregate finished floor area of all commercial uses in a planned
unit development shall not exceed 20% of the aggregate land area of
the planned unit development designated for commercial use.
3. No commercial building shall exceed 30 feet in height. Provided,
however, that any building originally constructed within a planned
unit development for residential use and subsequently converted to
commercial use shall not exceed 35 feet in height.
4. Parking areas shall be provided to serve all commercial uses with per §
18-807. Provided, however, that the Planning Board may approve parking areas designed to serve both commercial uses and recreation facilities in the planned unit development upon finding that the proposed parking areas are adequate to serve both uses.
5. No commercial use shall be located closer than (i) 35 feet from the
curb line of any major or minor collector street, or (ii) 15 feet
from the curb line of any minor street.
6. No commercial use shall be located closer than 100 feet from any
residential building and all commercial uses shall be screened from
adjoining residential uses by landscaped buffer areas.
7. Permitted business/commercial uses in a planned unit development
shall be the same as those permitted in the B-1 zone, except for bus
passenger stations, terminals, railroad stations, taxi stands, car/van
rental agencies and combined business-residential uses.