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.
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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.
2.
Recreation facilities.
3.
Sales and administrative offices required for the construction, sale,
resale and management of the ACP.
4.
Maintenance buildings.
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:
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.
4.
For attached units on common property:
a.
Minimum setback from interior roadway or circulation driveway:
20 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.
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").
2.
Picnic-barbeque areas.
3.
Paddle tennis courts.
4.
Six bocce courts.
5.
Jogging trail.
6.
Three tennis courts.
7.
Fitness-exercise courses.
8.
Gardening areas (including greenhouses).
9.
Six shuffleboard courts.
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.
A.
Minimum lot size - 6 acres.
B.
Minimum setback from all property lines - 100 feet.
C.
Where permitted, an application for stables shall include a detailed
site plan showing the location of the stables, the number of horses
to be located in each stable, the relationship on the property to
riding trails and the streets in the area. Stables are subject to
the following standards:
1.
If horses are to be used for horse-back riding, the property shall
have direct access to riding trails.
2.
A commercial stable must provide one off-street parking space for
every horse stabled.
3.
Access to and from the property for horse-drawn vehicles shall be
on minor roads as determined by the Planning Board.
D.
The number of livestock per acre (exclusive of a minimum area of
one acre devoted to residential use) shall not exceed one adult horse
or cattle, or two adult sheep or goats with their young under six
months of age. Commercial kennels are prohibited.
A.
The golf course grading shall be consistent with a stormwater management
plan designed to result in all stormwater being collected and retained
on-site where the ponds can provide stormwater management, flood control,
water supply for irrigation purposes to reduce demands on off-tract
ground and surface water supplies, aesthetic appearances and/or water
hazards for golfers. This shall include off-site drainage arriving
at the golf course and any associated residential development and
drainage originating from any associated residential development.
B.
The applicant shall provide a water resource monitoring program,
designed to minimize the use of off-tract surface water and groundwater
resources while maximizing the use of stormwater retained on the site.
This plan shall provide for ground and surface water quality monitoring
for nutrients, pesticides and other parameters to be determined by
the approving authority.
C.
The applicant shall provide a turf management plan which is consistent
with the grading and landscaping plans and shall discuss and define
the use of drought-tolerant turf and landscaping material, the area
to be irrigated, the required capacity of the irrigation system and
the need for any water diversion permits. The plan shall also provide
a proposed integrated pest management and turf management plan that
defines the nature and use of the pesticides and other chemicals and
fertilizers involved.
D.
All plans shall be integrated and coordinated in an effort to absorb
and filter fertilizers, pesticides, herbicides and other non-point
source pollutants to minimize contamination of streams and groundwater
supplies. The course shall be required to have a golf course superintendent,
certified by the Golf Course Superintendents Association of America,
on staff and an ongoing site management program to monitor water use
and weather conditions in conjunction with the application of fertilizer,
pesticides and herbicides in order to adhere to the turf management
plan and the water resources monitoring program. The monitoring and
reporting data shall be submitted to the Township Engineer on a quarterly
basis.
E.
A water use budget and water recycling plan shall be prepared and
submitted as part of any golf course/clubhouse site plan application.
This plan shall detail the source of potable and irrigation water,
the projected amounts which will be required and the water supply
capacity of any aquifer from which such water will be withdrawn, as
outlined in the Water for the 21st Century: The Vital Resources, New
Jersey Statewide Water Supply Master Plan (1996) including basis and
background documents.
F.
Following the installation of any well intended to serve as a water
supply source for the golf course, and prior to the issuance of a
construction permit, a pump test shall be conduced at the maximum
projected pumping rate. The test shall be in accordance with an approved
New Jersey Department of Environmental Protection (NJDEP) Bureau of
Water Allocation Aquifer Test Plan and subject to review by the Township
and County Board of Health to assess the impacts on other well users
in the vicinity and effects on stream base flows. If significant well
interference (domestic observation well) on an existing well is demonstrated
during interference tests, the new well cannot be certified for use.
If a significant adverse impact cannot be remedied, the Board of Health
will deny certification of the new well.
G.
The golf course application shall include a project specific integrated
Turf Management Plan and an Integrated Pest Management Plan. The application
shall also include a project-specific golf course operation manual
which incorporates the guidelines and best management practices established
by the "Draft Guidance Manual: Best Management Practices for Golf
Course Management for Golf Course Construction and Operation in New
Jersey" published by the New Jersey Department of Environmental Protection
(NJDEP) dated January, 2000, and subsequent amendments and shall take
into account guidelines promulgated by the United States Golf Association
(USGA) and the Golf Course Superintendents Association (GCSAA).
H.
The golf course application shall include a ground water and surface
water monitoring plan and proposed protocols to mitigate any adverse
impacts. The plan shall be specifically for the proposed golf course/clubhouse
and shall be approved by the approving authority in consultation with
the Township Board of Health. Such monitoring program shall detail
the type. Timing and frequency of testing and identify the specific
chemical parameters to be tested. The plan must include background
pre-construction monitoring and sampling and a continuing monitoring
program and results of such water quality monitoring shall be submitted
by the owner/operator to the Township Board of Health within 30 days
of receipt of such results. In addition, continuous water level monitoring
equipment (data logger) shall be installed and maintained as specified
by the Board of Health. Test results of such water quantity monitoring
shall be submitted by the owner/operator to the Board of Health within
30 days of receipt of such results by the owner/operator.
I.
A vegetated buffer at least 100 feet wide consisting of native trees,
shrubs and ground covers, shall be provided and maintained between
any turf area which will be treated with fertilizers or pesticides
and the closest point of any 100-year floodplain or, if there is no
floodplain, the top of bank of any permanent, intermittent stream.
Pond frontage shall be exempt from this requirement upon a showing
of good cause by the applicant.
J.
Grasses selected for use on a golf course shall be drought, pest
and disease resistant to minimize the use of chemicals and irrigation.
K.
Soil erosion and sedimentation shall be minimized through golf course
design which minimizes the need for mass grading for greens, tees
and fairways, through coordinated soil erosion and sediment control
measures and through construction phasing that limits the extent of
clearing and soil exposure prior to revegetation.
L.
No portion of any golf tee, fairway or green shall be located closer
than 50 feet to any tract boundary or public road right of way.
M.
Golf carts are allowed.
N.
No more than 50% of wooded areas (as shown on the most recent aerial
photographs available) shall be cleared and priority shall be given
to preservation of larger, healthy, mature trees. Any clearing beyond
40% of the wooded acreage of the tract shall be mitigated by replacement
with native trees and shrubs elsewhere on the tract. Priority for
such replacement shall be given to locations where stream corridors
are not shaded by vegetation at the time of development.
O.
No clearing, grading or site improvement related to the golf course/clubhouse
shall be conducted in areas of 15% slope or greater, except that areas
of play (tees, greens, bunkers, fairways and practice facilities)
created as part of the golf course which result in new areas of steep
slope shall not be deemed to violate these requirements.
P.
Wherever a waterway crossing is proposed, such crossing shall be
designed to minimize the removal of trees and other shading vegetation.
All crossings other than access driveways shall be bridged, not designed
with culverts.
Q.
Habitat for wildlife species which help control pests (e.g., bats,
bluebirds, purple martins, etc.) should be protected. Additional habitat
for these beneficial species should be created whenever feasible and
environmentally desirable.
R.
Exterior site lighting shall be limited to parking lot areas and
shall be limited to that necessary for safety and security. There
shall be no spillover of lighting beyond the tract boundaries. The
lighting shall conform to the lighting requirements of the Township.
S.
The golf course/clubhouse shall comply with the noise control limits
established by N.J.A.C. 7:29-1.1 et seq. and shall not exceed 60 decibels
at any tract boundary line.
T.
The golf course/clubhouse shall be designed to preserve the rural
character of the viewshed and shall minimize the visual impact on
the landscape.
U.
Major site plan approval shall be required for a golf course/clubhouse.
A.
Hospitals, assisted living facilities and nursing homes are permitted
conditionally in all non-residential zones:
1.
Minimum lot area - two acres.
2.
Minimum lot width - 100 feet.
3.
Minimum setbacks - 50 feet from all property lines.
4.
Off-street parking - three-quarters (0.75) parking space for each
bed.
5.
Parking may be permitted in all yards to within 10 feet of any property
line.
6.
A barrier of evergreen vegetation with a minimum natural height of
eight feet shall be planted between the parking area and the property
line everywhere the parking area is within 50 feet of the property
line. If an opaque artificial barrier five feet in height is erected
between the parking area and the property line, parking may take place
within five feet of the property line.
A.
Minimum lot area - Two acres.
B.
Minimum lot width - 200 feet.
D.
Minimum off-street parking - One space for each unit.
E.
Accessory uses may be permitted on the same lot as the motel and
may include a swimming pool, motel office and permanent living quarters
for one household.
F.
One access road may be permitted onto a public road: the access road
shall not exceed 24 feet in width. The center line of an access road
where it intersects with a public road shall be perpendicular to the
street line, 50 feet from any side property line or street line other
than the street line with which the access road intersects and 75
feet from the center line of any other access road.
G.
The proposed motel site shall be so located that it shall have direct
access to a major arterial road, which for the purpose of this section
shall include on federal and state maintained roads.
H.
Any motel unit within 100 feet of an adjacent property line shall
not face on that property, unless the unit is sufficiently buffered
or concealed from the adjacent property.
I.
Any swimming pool shall be buffered from adjacent properties by means
of buildings, trees, shrubs or screen fencing.
J.
No unit shall include full kitchen facilities.
K.
Minimum number of units - 50.
L.
Signs may be permitted and shall be subject to the regulations controlling
signs for the business zones.
A.
Minimum lot size - 1 acre.
B.
Minimum lot width - 100 feet.
E.
Maximum building height - 35 feet except that the height may be increased
to a maximum permitted height of 50 feet at the rate of 2 feet in
height for each additional one foot that the building is setback from
the building setback lines.
F.
Building setback from another freestanding building within the same
development - 50 feet.
G.
Maximum building coverage (includes all principal and accessory buildings
located on a site) - 35%.
H.
Maximum impervious coverage (includes all buildings, pavement etc.)
- 70%.
I.
Accessory structures shall be subject to the same locational requirements
as principal buildings and shall not have a ground floor area in excess
of 5% of the area of the site.
A.
The development of a shopping center on a lot more than two acres
in size is permitted subject to the following:
[Ord. No. 2013-50]
A.
Where permitted, any application for a service station or public
garage shall include a site plan which identifies the location and
number of fuel pumps and their proposed depth and capacity. In addition,
the site plan should identify the number or capacity of automobiles
that may be garaged within the principle building and on-site.
B.
All fuel tanks shall be installed underground.
C.
The minimum size lot shall be 20,000 square feet. The minimum lot
width and depth shall be 100 feet.
D.
Driveways shall cross the sidewalk at right angles and shall be not
more than 36 feet wide at any point thereof. Driveways must be at
least 10 feet from any side lot line or from the intersection of street
lines. There shall be no more than one driveway on any one street
frontage unless the street frontage is in excess of 99 feet, in which
case, there may be a maximum of two driveways on the street frontage
provided the driveways are 10 feet apart.
E.
The entire area of the station or garage traversed by motor vehicles
shall be hard surfaced.
F.
Illumination of the service station or public garage shall be such
that no direct glare from the lights used shall fall upon adjacent
property.
G.
For all existing service stations and in all zones where service
stations are permitted, a service station may have at the same location
a fast-food convenience store as duel use. Service Stations operated
with a fast-food convenience store as a dual use shall be subject
to the following supplemental conditions that must be satisfied in
order for a conditional use permit to be issued:
1.
The minimum lot area for a combined fast-food convenience store/service
station shall be 20,000 square feet.
2.
The maximum floor area ratio (FAR) of the dual use convenience store
operated in conjunction with a gasoline station shall be 0.12. The
floor area ratio (FAR) shall not include any area relating to the
canopy for the gasoline dispensing.
A.
Minimum lot size - 1 acre.
B.
Minimum lot width - 100 feet.
C.
All structures shall meet all applicable front, side and rear yard
setbacks in the zoning district in which it is located.
D.
Maximum building coverage- 35%
F.
Maximum impervious coverage - 70%.
G.
Maximum height of any structure - 35 feet.
A.
In those Zone Districts in which townhouses are a permitted conditional
use, townhouse developments shall be subject to the following conditions:
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 - 20 feet. From all other property lines - 20 feet.
3.
Maximum Density — eight townhouses or 16 dwelling units per
acre. Notwithstanding the definition of a townhouse in this chapter,
a townhouse may consist of a two family building structure, which
shall be considered two dwelling units for the purposes of calculating
the density of the tract.
4.
Minimum tract width - 125 feet.
5.
Minimum tract depth - 100 feet.
6.
Maximum building coverage for the entire tract - 35%.
B.
In addition to the conditions set forth in § 18-1010A, townhouse developments shall be subject to the following bulk and yard regulations, design standards, and administrative requirements, which shall not be deemed as required conditions for the proposed use.
1.
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:
2.
Minimum distance between buildings - 25 feet.
3.
Maximum units per structure — eight.
4.
Maximum building length - 240 feet.
5.
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.
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 exterior. The size
of the trash enclosure should be approved by the Department of Public
Works.
7.
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.
8.
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.
9.
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 and the maintenance of the common areas and undedicated streets.
The 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.
[Ord. No. 2005-111 § 1]
A.
Age-Restricted Multi-Family Housing shall be a permitted conditional
use in the B-5 Zone district subject to the following conditions:
1.
Multi-family dwellings shall be permitted provided there shall be
no more than 12 dwelling units per building.
2.
Occupancy of the housing shall be age-restricted to those 55 and
older.
3.
Minimum tract area: 15 acres.
4.
Minimum lot width, depth and frontage: 500 feet.
5.
Maximum residential density: 10 dwelling units/acre.
6.
Minimum perimeter principal building setback contiguous to a residential
property line: 100 feet. No building or structure other than roadways
or an entrance security station shall be located in the perimeter
setback. The perimeter principal building setback area shall be adequately
landscaped to buffer the buildings from view from any adjacent public
roadways. No access road, driveway, or parking area except for the
site entrance/exit locations shall be located closer than 35 feet
to any property line.
7.
Minimum distance between buildings: 50 feet.
8.
Maximum building coverage: 25 percent.
9.
Maximum impervious coverage: 30 percent.
10.
Maximum building height: 5 stories/60 feet, provided, however,
no building shall have more than four stories utilized for residential
purposes.
11.
Maximum principal building length: 150 feet when viewed from
any elevation.
12.
Amenities: In order to insure accessibility and convenience
for the residents, private elevators shall be provided in all multi-story
buildings.
13.
Required Accessory Uses:
a.
On-site parking. The number of on-site parking spaces required
by the applicable New Jersey Residential Site Improvement Standards
(RSIS).
b.
Clubhouse, community center and/or recreation facilities.
(1)
Such amenities shall be provided for the use of the residents
and employees of the facility only and shall not be open to the general
public. Sufficient employee and resident/guest parking shall be provided.
(2)
Amenities shall be buffered from the view from adjacent public
streets.
(3)
All outdoor storage areas shall be screened from view from any
public road by a landscaped buffer.
14.
Prohibited Accessory Uses:
Individual sheds and detached garages shall not be permitted.
[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.
|
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;
(4)
Surrounding topography;
(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.[1]
[1]
Editor's Note: Ordinance No. 2006-3, codified herein, was
adopted February 9, 2006.
[Ord. No. 2008-12 § 3]
A.
Mixed Use Mid-Rise Developments shall be subject to the following
conditions:
1.
Minimum tract size — 60 acres.
2.
Maximum gross residential density — 18 dwelling units per acre.
3.
Maximum building coverage for the entire tract — 25%
4.
Maximum building height — 65 feet.
5.
The tract must have at least 1,000 feet of frontage on a State highway.
B.
Once applicable provisions of Subsection A are met, any subdivision
to show ownership, responsibility, deed restrictions, or covenants
shall only be subject to lot provisions set forth herewith: minimum
lot size within the Mixed-Use Mid-Rise Development shall be two acres,
and the placement of any building on such lot shall be at the discretion
of the developer of the Mixed Use Mid-Rise Development. If the developer
proposes to construct the development in phases, the undeveloped lands
shall be subject to public ownership requirements until such lands
are integrated within the initially approved overall development plan,
subject to deed restrictions and covenant requirements established
by the homeowner's association.
C.
D.
In addition to the conditions set forth in § 18-1012A, Mixed Use Mid-Rise Developments shall be subject to the following bulk and yard regulations, design standards, and administrative requirements, which shall not be deemed as required conditions for the proposed use:
1.
Residential Dwelling Unit Types. Multi-Family — A multi-story
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.
2.
Minimum Tract Size. A Mixed Use Mid-Rise Development may only be
developed on a single site of one or more contiguous parcels of land
having a minimum gross acreage of 60 acres.
3.
Bulk Requirements. The following bulk requirements shall apply to
the permitted dwelling unit types in a Mixed Use Mid-Rise Development:
a.
Multi-Family Structures on Common Property.
(1)
Clusters of multi-family dwellings may be arranged on a tract
subject to the applicable design standards contained in this chapter.
(2)
Minimum average floor area for a dwelling unit shall be 1,000
square feet.
(3)
Each unit above the ground floor may have a balcony or terrace,
which if provided shall be at least 24 square feet in area.
(4)
Maximum building height is 65 feet.
4.
Design Requirements.
a.
Minimum distance between buildings that are designed on common
property — 40 feet.
b.
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.
c.
Off-street parking requirements as outlined in the Residential
Site Improvement Standards (RSIS) for residential land uses shall
apply to the permitted dwelling units.
d.
Facilities to serve the recreational needs of the residents
of the Mixed Use Mid-Rise 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 Mixed Use Mid-Rise Development
shall be provided, which may include passive and active recreation.
Common open space area shall conform to the requirements for such
open space.
e.
Construction, design, light, 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.
[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. 2011-17 § 3]
A.
Mixed Use Townhouse Developments shall be subject to the following
conditions:
1.
Minimum tract size - 20 contiguous acres, excluding freshwater wetlands,
associated NJDEP wetlands buffers, Riparian buffers and flood hazard
areas.
2.
Maximum gross residential density - seven dwelling units per acre.
3.
Maximum building coverage for the entire tract - 30%.
4.
Maximum building height - 35 feet.
5.
The tract must have at least 1,000 feet of frontage on a State highway.
6.
The tract must have a minimum lot depth of 500 feet.
8.
A minimum of 15% of the tract shall be utilized for non-residential
uses, including nonresidential buildings, parking, infrastructure
and open space.
B.
Once applicable provisions of Subsection A are met, any subdivision
to show ownership, responsibility, deed restrictions, or covenants
shall only be subject to lot provisions set forth herewith; and the
placement of any building on such lot shall be at the discretion of
the developer of the Mixed Use Townhouse Development. If the developer
proposes to construct the development in phases, the undeveloped lands
shall be subject to public ownership requirements until such lands
are integrated within the initially approved overall development plan,
subject to deed restrictions and covenants requirements established
by the homeowner's association.
C.
If the tract meets the conditions as specified in 18-1014 above,
the following uses shall be permitted in addition to the uses permitted
in the Highway Development (B-5) zone.
1.
Principal Uses.
a.
Multi-Family Townhouse Residential.
b.
Community facilities related to the cultural, social and recreational
need of the residents of the development, including public or private
parks, religious, ceremonial and ritual facilities, churches and other
places of worship.
c.
Retail and commercial businesses, hotels, financial institutions
and personal service establishments as specified herein.
D.
In addition to the conditions set forth in § 18-1014, Mixed Use Townhouse Development shall be subject to the following bulk and yard regulations, design standards, and administrative requirements which shall not be deemed as required conditions for the proposed use:
1.
Residential Dwelling Unit Types. Townhomes.
2.
Minimum Tract Size. A Mixed Use Townhouse Development may only be
developed on a single site of one or more contiguous parcels of land
having a minimum gross acreage of 20 contiguous acres, exclusive of
wetlands, buffers, flood hazard or riparian buffer areas, or environmentally
constrained lands as referenced herein.
3.
Bulk Requirements. The following bulk requirements shall apply to
the townhouse dwelling unit types in a Mixed Use Townhouse Development.
a.
Townhouse structures on common property:
(1)
Clusters of townhouse dwellings may be arranged on a tract subject
to the applicable design standards contained in this chapter.
(2)
Maximum building length - 160 feet.
(3)
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.
(4)
Maximum units per structure - six.
(5)
Minimum distance between buildings - 12 feet.
(6)
Minimum front yard setback - 25 feet from internal streets.
(7)
Minimum side yard setback (for end units) - six feet.
(8)
Minimum rear yard setback - 20 feet.
(9)
Minimum usable rear yard depth - 20 feet, 10 feet for rear yards
adjacent to perimeter buffers. 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 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.
(10)
Maximum building height is 35 feet or 2.5 stories,
whichever is less.
4.
Design Requirements.
a.
Off-street parking requirements as outlined in the Residential
Site Improvement Standards (RSIS) for residential land uses shall
apply to townhouse units. Including parking spaces available within
nonresidential portions of a Mixed-Use Townhouse Development, a minimum
of four parking spaces shall be provided per townhouse unit.
b.
Facilities to serve the recreational needs of the residents
of the Mixed-Use Townhouse 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 Mixed-Use Townhouse
Development shall be provided, which may include passive and active
recreation, or combination thereof.
c.
Construction, design, light, 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 Improvements
Standards (RSIS), then the RSIS code standards shall govern the parking
area and street design.
[Ord. No. 2012-4 § 3]
A.
Where permitted, any application for an automobile repair and service
facility shall include a site plan that identifies the number or capacity
of automobiles that may be garaged within the principal building and
onsite.
B.
Any fuel tanks shall be installed underground.
C.
Driveways shall cross the sidewalk at right angles and shall not
be more than 16 feet wide at any point thereof. Driveways must be
at least 10 feet from any side lot line or from the intersection of
street lines. There shall be no more than one driveway on any one
street frontage unless the street frontage is in excess of 99 feet,
in which case, there may be a maximum of two driveways on the street
frontage provided the driveways are 10 feet apart.
D.
The entire area of the facility traversed by motor vehicles shall
be hard surfaced.
E.
Illumination of the automobile repair facility and any parking areas
shall be such that no direct glare from the lights used shall fall
upon adjacent property.
F.
All automobile repairs and services shall be conducted indoors within
the automobile repair facility.
[Ord. No. 2012-52 § 3]
A.
Mixed-Use Multifamily Development shall be subject to the following
conditions:
1.
Minimum Tract Size — 20 contiguous acres, excluding freshwater
wetlands, associated NJDEP wetlands buffers, riparian buffers and
flood hazard areas.
2.
Maximum Gross Residential Density — 18 units per acre.
3.
Maximum Building Coverage for the Entire Tract — 30%.
4.
Maximum Building Height — 55 feet.
5.
The tract shall have at least 500 feet of frontage on a State highway.
6.
The tract shall have a lot depth of 500 feet.
8.
A minimum of 15% of the tract shall be utilized for nonresidential
uses, including nonresidential buildings, parking, infrastructure
and open space.
C.
Permitted Accessory Uses.
1.
Off-street parking and common parking area.
2.
Maintenance and utility structures intended to service the residents
of the mixed-use multifamily development.
3.
Recreational or clubhouse facilities intended to service the residents
of the mixed-use multifamily development.
4.
Signage.
5.
Fencing.
D.
Bulk Requirements. The following bulk requirements shall apply to
the permitted uses in a Mixed-Use Multifamily Development:
E.
Design Requirements.
1.
A mixed-use multifamily development shall be designed and planned
as a single entity according to an overall site development plan.
The entire development shall be constructed with a common architectural
theme which shall be subject to the review of the board of proper
jurisdiction. The architectural theme shall include all residential
and nonresidential buildings, common elements, signage, fencing, lighting
and other similar physical features.
2.
Off-Street Parking Requirements.
a.
Residential land uses shall comply with the off-street parking
requirements as outlined in the New Jersey Residential Site Improvements
Standards.
b.
The total off-street parking provided on the site for the residential
and the nonresidential portions of the development may be reduced
based on a shared parking analysis at the discretion of the Board.
The determination shall be based on a shared parking analysis submitted
by the applicant and prepared in accordance with Institute of Traffic
Engineers' (ITE) standard methodology and subject to Board review.
c.
Separate off-street parking for the clubhouse/community center
shall not be required.
3.
Recreation. Each Mixed-Use Multifamily Development shall contain
active recreational facilities such as a tot lot, playground, sports
court or play field and passive recreation such as sitting areas.
The land area of the recreational facility shall be equal to 100 square
feet for each proposed dwelling unit.
4.
Buffers. The Mixed-Use Multifamily Development shall provide a buffer
to any adjoining lot which is zoned for single-family residences or
currently developed as a single-family residence neighborhood. The
buffer shall provide a vegetative screen between the two uses of at
least two staggered rows of evergreen plantings. The minimum width
of vegetation shall be 25 feet.
[Ord. No. 2013-31 § 3]
A.
Mixed Use Developments shall be subject to the following conditions:
1.
Minimum Tract Size — 15 contiguous acres, excluding freshwater
wetlands associated NJDEP wetlands buffers, riparian buffers and flood
hazard areas.
2.
Maximum Gross Residential Density — 15 dwelling units per acre
for multifamily dwellings, and seven dwelling units per acre for townhomes,
where the maximum total combined gross density for the tract including
townhomes and multifamily dwellings shall be 15 dwelling units per
acre.
3.
Maximum Building Coverage for the Entire Tract — Maximum allowable
under NJDEP/CAFRA regulations.
4.
Maximum Building Height — 35 feet for townhomes and 55 feet
for commercial, multifamily and mixed-use buildings.
5.
The tract must have at least 400 feet of frontage on a State highway.
6.
The tract must have a minimum lot depth of 500 feet.
7.
Minimum Tract Setbacks:
a.
Building setbacks from State highway: 75 feet for residential
buildings, 50 feet for mixed-use buildings, and 25 feet for nonresidential
buildings.
b.
From tract boundary other than State highway: 35 feet for residential
buildings and 50 feet for nonresidential and mixed-use buildings.
c.
Interior roadway/circulation driveway: 15 feet.
d.
Interior parking lot paved surface to building: 15 feet.
8.
A minimum of fifteen (15%) of the tract shall be utilized for nonresidential
uses, including nonresidential buildings, parking, infrastructure
and open space.
B.
Once applicable provisions of § 18-1018A are met, any subdivision to show ownership, responsibility, deed restrictions, or covenants shall only be subject to lot provisions set forth herewith; and the placement of any building on such lot shall be at the discretion of the developer of the Mixed Use Development. Restrictions and covenant requirements shall be established by the homeowners' association.
C.
If the tract meets the conditions as specified in Subsection 18-1018A above, the following uses shall be permitted in addition to the uses permitted in the Highway Development (B-5) Zone as part of a Mixed-Use Development as defined in this chapter.
1.
Principal Uses:
a.
Multifamily dwellings located in mixed-use or stand-alone buildings.
b.
Townhouse dwellings.
c.
Community facilities related to the cultural, social and recreational
need of the residents of the development, including public or private
parks, religious, ceremonial and ritual facilities, churches and other
places of worship.
d.
Retail and commercial businesses, hotels, financial institutions
and personal service establishments as specified herein.
D.
In addition to the conditions set forth in Subsection 18-1018A, Mixed Use Development shall be subject to the following bulk and yard regulations, design standards, and administrative requirements which shall not be deemed as required conditions for the proposed use:
1.
Bulk Requirements. The following bulk requirements shall apply to
the residential dwelling unit types in a Mixed Use Development.
a.
Townhouse structures on common property:
(1)
Clusters of townhouse dwellings may be arranged on a tract subject
to the applicable design standards contained in this chapter.
(2)
Maximum building length — 250 feet.
(3)
Minimum distance between buildings — 12 feet, unless part
of a mixed-use commercial/residential building.
(4)
Minimum front yard setback— 25 feet from internal streets.
(5)
Minimum side yard setback (for end units) — 12 feet.
(6)
Minimum rear yard setback — 20 feet.
(7)
Minimum usable rear yard depth — 15 feet, 10 feet for
rear yards adjacent to perimeter buffers. 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 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)
Maximum building height is 35 feet.
2.
Design Requirements.
a.
Off-street parking requirements as outlined in the Residential
Site Improvement Standards (RSIS) for residential land uses shall
apply to all residential units.
b.
Facilities to serve the recreational needs of the residents
of the Mixed Use Townhouse 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 Mixed Use Townhouse
Development shall be provided, which may include passive and active
recreation, or a combination thereof.
c.
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
Improvements Standards (RSIS), then the RSIS code standards shall
govern the parking area and street design.
[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.
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:
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.
[1]
Editor's Note: Ordinance No. 2013-79 was repealed by Court
Order on June 2, 2017 deleting commercial uses on properties with
frontage County Route No. 526.
[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.
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.
2.
Recreation facilities.
3.
Sales and administrative offices required for the construction, sale,
resale and management of the planned community.
4.
Maintenance buildings.
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:
3.
For attached units on common property:
a.
Minimum setback from interior roadway or circulation driveway:
20 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.
6.
(Reserved)
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:
1.
Golf course.
2.
Picnic-barbeque areas.
3.
Tennis courts.
4.
Jogging trail.
5.
Fitness-exercise courses.
6.
Gardening areas (including greenhouses).
7.
Playgrounds.
8.
Tot lots.
9.
Basketball courts.
10.
Shuffleboard courts.
11.
Bocce courts.
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.
[Ord. No. 2017-51 § 31]
A.
Mixed Use Developments shall be subject to the following conditions:
1.
Minimum Tract Size — three contiguous acres, excluding freshwater
wetlands associated NJDEP wetlands buffers, riparian buffers and flood
hazard areas.
2.
Maximum Gross Residential Density: 3.6 dwelling units per gross acre
for all dwelling types.
3.
Maximum Building Coverage for the Entire Tract — Maximum allowable
under NJDEP/CAFRA regulations.
4.
Maximum Building Height — 35 feet for townhomes and 55 feet
for commercial, multi-family and mixed-use buildings.
5.
The property, parcel or tract is located wholly within the M-1 Industrial
or R-M Multi-Family zone districts with the Cross and Prospect Street
Core (CPSC) overlay zone as delineated.
6.
All ingress and egress to the proposed development will be on Prospect
Street.
7.
Minimum Tract Setbacks:
a.
Building setbacks: 50 feet for residential buildings, 50 feet
for mixed-use buildings, and 25 feet for nonresidential buildings.
b.
From tract boundary other than State highway: 35 feet for residential
buildings and 50 feet for nonresidential and mixed-use buildings.
c.
Interior roadway/circulation driveway 15 feet.
d.
Interior parking lot paved surface to building: 15 feet.
8.
A minimum of 25% of the tract shall be utilized for nonresidential
uses, including nonresidential buildings, parking, infrastructure
and open space.
B.
Once applicable provisions of § 18-1022A (above) are met, any subdivision to show ownership, responsibility, deed restrictions, or covenants shall only be subject to lot provisions set forth herewith; and the placement of any building on such lot shall be at the discretion of the developer of the Mixed-Use Development. Restrictions and covenant requirements shall be established by the homeowners' association.
C.
If the tract meets the conditions as specified in § 18-1022A (above), the following uses shall be permitted:
1.
Principal Uses:
a.
Multifamily dwellings located in mixed-use or stand-alone buildings.
b.
Townhouse dwellings.
c.
Community facilities related to the cultural, social and recreational
need of the residents of the development, including public or private
parks, religious, ceremonial and ritual facilities, churches and other
places of worship.
d.
Neighborhood-level retail and commercial sales and service businesses,
financial institutions and office spaces with a maximum floor area
of 5,000 square feet on the ground level.
D.
In addition to the conditions set forth in § 18-1022A (above), Mixed Use Development shall be subject to the following bulk and yard regulations, design standards, and administrative requirements which shall not be deemed as bulk standards and therefore subject to "c" variance relief:
1.
Bulk Requirements. The following bulk requirements shall apply to
the residential dwelling unit types in a Mixed-Use Development.
a.
Townhouse structures on common property:
(1)
Clusters of townhouse dwellings may be arranged on a tract subject
to the applicable design standards contained in this chapter.
(2)
Maximum building length — 250 feet.
(3)
Minimum distance between buildings — 12 feet, unless part
of a mixed-use commercial/residential building.
(4)
Minimum front yard setback— 25 feet from internal streets.
(5)
Minimum side yard setback (for end units) — 12 feet.
(6)
Minimum rear yard setback — 20 feet.
(7)
Minimum usable rear yard depth — 15 feet, 10 feet for
rear yards adjacent to perimeter buffers. 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 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)
Maximum building height is 35 feet.
2.
Design Requirements.
a.
Off-street parking requirements shall be provided as outlined in the Residential Site Improvement Standards (RSIS) for residential land uses or as provided in § 18-807, whichever standard requires a higher number of parking spaces. Non-residential land uses shall comply with the off-street parking requirements as provided in § 18-807B.
b.
Facilities to serve the recreational needs of the residents
of the Mixed-Use Townhouse 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 Mixed-Use Townhouse
Development shall be provided, which may include passive and active
recreation, or a combination thereof.
c.
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
Improvements Standards (RSIS), then the RSIS code standards shall
govern the parking area and street design.
d.
Residential structures and units which abut Cross and Prospect
Streets shall be screened with a 20 foot-wide bermed year-round landscape
screen. A fence shall not be substituted for the landscaping.
[Ord. No. 2017-51 § 31]
A.
Mixed Use Developments shall be subject to the following conditions:
1.
Minimum Tract Size — three contiguous acres, excluding freshwater
wetlands associated NJDEP wetlands buffers, riparian buffers and flood
hazard areas.
2.
Maximum Gross Residential Density — 4.36 dwelling units per
gross acre for all dwelling types.
3.
Maximum Building Coverage for the Entire Tract — Maximum allowable
under NJDEP/CAFRA regulations.
4.
Maximum Building Height — 35 feet for townhomes and 55 feet
for commercial, multifamily and mixed-use buildings.
5.
The property, parcel or tract is located wholly within the R-10 A
zone district and within the Mixed-Use Development area in the Oak
Street Core, as outlined and delineated in the adopted 2013 Smart
Growth Plan.
6.
All ingress and egress to the proposed development will be on a major
or minor collector street.
8.
A minimum of 25% of the tract shall be utilized for nonresidential
uses, including nonresidential buildings, parking, infrastructure
and open space.
B.
Once applicable provisions of § 18-1023A (above) are met, any subdivision to show ownership, responsibility, deed restrictions, or covenants shall only be subject to lot provisions set forth herewith; and the placement of any building on such lot shall be at the discretion of the developer of the Mixed-Use Development. Restrictions and covenant requirements shall be established by the homeowners' association.
C.
If the tract meets the conditions as specified in § 18-1023A (above), the following uses shall be permitted:
1.
Principal Uses:
a.
Multifamily dwellings located in mixed-use or stand-alone buildings.
b.
Townhouse dwellings.
c.
Community facilities related to the cultural, social and recreational
need of the residents of the development, including public or private
parks, religious, ceremonial and ritual facilities, churches and other
places of worship.
d.
Neighborhood-level retail and commercial sales and service businesses,
financial institutions and office spaces with a maxim floor area of
5,000 square feet on the ground floor.
D.
In addition to the conditions set forth in § 18-1023A, mixed-use development shall be subject to the following bulk and yard regulations, design standards, and administrative requirements which shall not be deemed as bulk standards and therefore subject to "c" variance relief:
1.
Bulk Requirements. The following bulk requirements shall apply to
the residential dwelling unit types in a Mixed-Use Development.
a.
Townhouse structures on common property:
(1)
Clusters of townhouse dwellings may be arranged on a tract subject
to the applicable design standards contained in this chapter.
(2)
Maximum building length — 250 feet.
(3)
Minimum distance between buildings — 12 feet, unless part
of a mixed-use commercial/residential building.
(4)
Minimum front yard setback— 25 feet from internal streets.
(5)
Minimum side yard setback (for end units) — 12 feet.
(6)
Minimum rear yard setback — 25 feet.
(7)
Minimum usable rear yard depth — 15 feet, 10 feet for
rear yards adjacent to perimeter buffers. Decks shall be permitted
within the usable yard area, but detention/retention facilities, drainage
swales, or any easements which would restrict or inhibit the use of
the rear yard are prohibited. For 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)
Maximum building height is 35 feet.
2.
Design Requirements.
a.
Off-street parking requirements shall be provided as outlined in the Residential Site Improvement Standards (RSIS) for residential land uses or as provided in § 18-807, whichever standard requires a higher number of parking spaces.
b.
Facilities to serve the recreational needs of the residents
of the Mixed-Use Oak Street 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 Mixed-Use Oak Street
Core Development shall be provided, which may include passive and
active recreation, or a combination thereof.
c.
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
Improvements Standards (RSIS), then the RSIS code standards shall
govern the parking area and street design.
d.
Residential structures and units which abut a major or minor
collector street shall be screened with a 20 foot-wide berm with year-round
landscape vegetative screen. A fence shall not be substituted for
the landscaping.
