A. 
Except as previously or hereinafter provided, it shall be unlawful to locate, relocate, erect, construct, reconstruct, enlarge or structurally alter any building or structure, except in conformity with the regulations of the zone in which such building or structure is located.
B. 
Except as previously or hereinafter provided, it shall be unlawful to use or develop any land or building for any purpose other than one which is permitted in the zone in which such land or building is located.
[Amended 2-14-1991 by Ord. No. 5-91]
A. 
No building shall be erected and no existing building shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations designated for the zone in which such building or open space is located, provided that, notwithstanding any provision of this chapter to the contrary, accessory uses and additions may be constructed on nonconforming lots in conjunction with an existing residential use if the proposed accessory use or addition complies with the setback and yard requirements designated for the zone in which such accessory use or addition is located.
B. 
All uses and development of land shall be in accordance with all applicable provisions set forth under each Article of this chapter.
[Amended 2-14-1991 by Ord. No. 5-91]
C. 
Except as otherwise previously or hereinafter provided in this chapter, all uses and development of lands shall be in conformity with all applicable provisions of the schedules of limitations set forth under § 335-93, Schedules of limitations. [1]
[Amended 2-14-1991 by Ord. No. 5-91]
[1]
Editor's Note: Former Subsection D, relating to single-family dwellings in the C-100 Marine Commercial Zone, added 5-26-1988 by Ord. No. 16-88, which immediately followed this subsection, was repealed 12-22-1998 by Ord. No. 98-49.
[Amended 3-26-1992 by Ord. No. 92-18; 3-24-1994 by Ord. No. 94-16]
A. 
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other space on one lot shall be considered as providing a yard or open space for a building on any other lot.
B. 
Eaves, chimney chases, bow windows and other such architectural appurtenances may extend into a required yard a maximum of two feet. Heat, venting air-conditioning or other mechanical equipment which emits noise shall not be permitted within six feet of any property line. Cantilevers which increase the floor area at any level of the building will be prohibited in side yards. Any entrance which extends into a required side setback shall be at ground level.
[Amended 12-22-1998 by Ord. No. 98-49; 10-26-2006 by Ord. No. 2006-51]
C. 
Unroofed entrance porches which do not rise above the height of floor level of the ground floor may extend into the front yard, provided that the total area of all such porches, including stairways, does not exceed 200 square feet and does not rise more than three feet above the finished grade of the lot. Attached unroofed rear yard decks may extend into rear yard setbacks, provided that they do not exceed three feet in height and are not within six feet of any property line. Exclusive of railings, the surface of unroofed decks within rear yard setbacks on the waterfront shall not exceed 24 inches above the finished grade.
[Amended 12-22-1998 by Ord. No. 98-49]
D. 
Where the owner or developer of a substandard-sized lot owns adjacent lots or parcels of land, such lots or parcels shall be considered as a single tract and shall be resubdivided to meet the area and yard space provisions of this chapter.
[Amended 9-18-1980 by Ord. No. 25-80]
The maximum height limitations of this chapter shall not apply to the following structures or parts of structures, provided that the same neither interfere with aerial navigation nor create a fire hazard:
A. 
A parapet wall or cornice extending not more than five feet above the height limit for the zone in which the same is erected, provided that such parapet wall or cornice does not cover more than 10% of the roof area.
B. 
Noncommercial radio and television antennas, church spires, belfries, cupolas and domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, bulkheads and other necessary mechanical appurtenances usually carried above the roof level, provided that such structures or parts of structures do not cover more than 10% of the roof or ground area.
[Amended 9-18-1980 by Ord. No. 25-80; 12-22-1998 by Ord. No. 98-49]
All building lots shall abut a dedicated public street. No permit for the erection of any building or structure shall be issued unless at least 1/3, but not less than 40 feet, of the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the Official Map or shall be an existing state, county or municipal street or highway or a street shown upon a plat approved by the Planning Board or a street on a plot duly filed in the office of the county recording officer prior to the passage of Chapter 291 of the Laws of New Jersey, as amended, or other authorized body. Before any such permit shall be issued, such street shall have been suitably improved to the satisfaction of the governing body, or such suitable improvement shall have been assured by means of a performance guaranty, in accordance with standards and specifications for road improvements approved by the governing body.
[Amended 8-26-1982 by Ord. No. 25-82]
A. 
Setback distance requirements from the face of any structure to property lines, road, street and highway rights-of-way and on major running streams and other bodies of water are herewith established in this chapter for each zoning district as shown on the Zoning Map[1] and as delineated in this chapter. Such setback distances shall be the minimum distance the face of any structure may be located from any right-of-way line, property line, stream or other body of water. Yard size as set forth and specified in § 335-93 herein and setback distances shall be synonymous.
[1]
Editor's Note: A copy of the Zoning Map is included in the pocket at the end of this volume.
B. 
Determination of the conformance of waterfront properties with the setback requirements set forth herein for the zoning district in which they lie shall be in the following manner:
[Amended 12-22-1998 by Ord. No. 98-49]
(1) 
For bulkhead properties, the actual setback distance provided shall be the distance as measured from the face of the structure to be erected to the outbound face of the existing or approved bulkhead.
(2) 
For properties in which no bulkheads or other suitable means of shoreline embankment stabilization is provided, the setback distance provided shall be as measured from the outbound face of the proposed bulkhead as approved by the State of New Jersey or the mean high-water line, as established by a certified survey and approved by the State of New Jersey.
At the intersection of any two streets, or on any corner lot, no hedge, fence, wall or other obstruction to vision, other than a post or tree not exceeding one square foot in cross-sectional area, shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of two feet and 10 feet above the street line within the triangular area formed by the two intersecting street lines bounding said lot and by a line connecting points on each street line at a distance of 25 feet from their point of intersection.
[Amended 12-22-1998 by Ord. No. 98-49]
On all corner lots, the depth of all yards abutting on streets shall not be less than the minimum front yard setback required on an adjoining interior lot fronting on such street.
[Amended 8-26-1982 by Ord. No. 25-82; 10-14-1993 by Ord. No. 93-82; 12-22-1998 by Ord. No. 98-49; 2-8-2001 by Ord. No. 01-07; 10-23-2008 by Ord. No. 2008-03; 2-9-2012 by Ord. No. 2012-06; 12-28-2017 by Ord. No. 2017-31]
Unless elsewhere specified in this chapter, accessory buildings shall conform to the following regulations:
A. 
Detached accessory buildings shall not exceed 16 feet in height or the height of the principal structure, whichever is less. The floor area of each building shall not exceed 50% of the footprint of the principal structure.
B. 
Detached accessory buildings on lots with a lot area of one acre or less shall not exceed 16 feet in height or the height of the principal structure, whichever is less, and the combined floor area of all detached accessory buildings shall not exceed 50% of the footprint of the principal structure.
C. 
Zoning permit applications for detached accessory buildings with a floor area of more than 250 square feet shall submit building plans and a color rendering of the proposed detached accessory building. Detached accessory buildings with a floor area of more than 250 square feet shall match the roof and siding of the principal structure in color, style and type. Additionally, the detached accessory building shall be architecturally compatible with the principal structure. The factors that shall be considered in determining whether the accessory building is architecturally compatible shall include, but not be limited to, rooflines and placement of windows and doors. The determination of compatibility shall be made by the appropriate officials within the Department of Community Development in connection with the issuance of a zoning permit for the detached accessory building. An applicant for a permit aggrieved by a determination made under this subsection shall have the right to appeal to the Board of Adjustment pursuant to N.J.S.A. 40:55D-70(a) or N.J.S.A. 40:55D-70(b).
D. 
The minimum distance between any accessory building and adjoining buildings shall be six feet.
E. 
No permanent accessory structure shall be permitted in the front yard of any lot as defined in § 335-3.
F. 
In the case of a lot abutting two or more streets, a permanent detached accessory building shall not be located nearer the street line than the required front yard setback on such street.
G. 
An accessory building attached to a principal building shall comply with all requirements for front yard, side yard, area and height requirements for principal buildings.
H. 
In the case of waterfront lots, the minimum distance an accessory structure shall be erected, regardless of other regulations in this chapter or other ordinances governing yard setbacks, from any stream, lagoon or body of water shall be 15 feet.
[Added 10-23-2008 by Ord. No. 2008-30]
A storage structure may be utilized as a temporary structure within the Township of Lacey when in compliance with the standards in this section. Any use of such structures within the Township of Lacey not in compliance with the section shall be unlawful and subject to fines and penalties as permitted under this Code.
A. 
Use of storage structures shall only be permitted where a permit has been issued by the Township Zoning Officer.
(1) 
Applications for the permitted use of a storage structure may be obtained from the Zoning Office, and a zoning application shall be submitted when requesting use of a storage structure, along with a plot plan showing its location on the site and detailing the distance of said structure from property lines, other buildings and structures, fire hydrants, Fire Department connections and utilities.
(2) 
All storage structures shall be placed in driveways unless otherwise approved by the Zoning Officer.
(3) 
No storage structures will be located within the minimum setback of the zone unless otherwise approved by the Zoning Official.
B. 
Length of time structures may be on property; extensions.
(1) 
A storage structure may be located as a temporary structure on property within the Township of Lacey for a period not exceeding 30 days in duration from time of delivery to time of removal in circumstances where a construction permit for the property has not been issued. Where exceptional circumstances exist, the Zoning Office may alter the permit to extend the time where these structures may be permitted on property.
(2) 
In such circumstances where a construction permit has been issued for the property, the storage structure may be located as a temporary structure on property for a period not exceeding 90 days, with the right to three thirty-day extensions if deemed necessary and appropriate by the Zoning Office. In no event may a storage structure be located on property for a period in excess of 180 days in any twelve-month period. Extensions beyond the 180 days may be granted by the Township of Lacey Committee. The property owner seeking said extension must apply to the Township of Lacey Committee at the time that the last thirty-day extension is applied for.
C. 
No more than two storage trailers may be located within a residential zone of the Township of Lacey at one time. Such structures shall be individually limited to the duration time period established herein.
D. 
No storage structures located within the Township of Lacey shall contain toxic or hazardous materials.
[Amended 12-22-1998 by Ord. No. 98-49]
The minimum habitable floor area for each principal structure shall be in accordance with the minimum gross floor area established by § 335-93, setting forth the schedules of limitations. In the case of all principal structures having more than one habitable floor level, such structure shall have a minimum of 720 square feet of habitable floor area on the first floor level above grade, excluding garages, open porches, patios, breezeways and other similar appurtenances.
Except as elsewhere permitted in this chapter, no more than one principal residential building shall be permitted on any one lot.
[Amended 12-22-1998 by Ord. No. 98-49]
The architectural design of all new buildings, except houses or dwellings, and of such buildings that may be renovated or reconstructed shall be subject to the approval of the Planning Board.
A. 
Temporary construction buildings and trailers associated with construction on a site for which site plan approval or subdivision approval has been obtained may be maintained on said site, provided that the location does not obstruct vision in such a manner as to cause a traffic hazard. The construction building or trailer must be removed prior to the issuance of a certificate of occupancy or within 30 business days after construction is completed or abandoned, whichever comes first.
[Amended 12-22-1998 by Ord. No. 98-49]
B. 
Said temporary buildings and construction trailers shall be used only for activities associated with the construction on the site for which subdivision approval or site plan approval has been obtained.
C. 
Abandonment for the purposes of this section, shall be where no construction of any buildings or improvements has been actively prosecuted for a period of 30 business days.
D. 
Should any statute or regulation of the State of New Jersey or the County of Ocean impose a higher standard, the higher standard shall govern.
[Amended 8-26-1982 by Ord. No. 25-82]
A. 
No new lot may be created in which any portion of the land area used to meet lot area requirements herein lies beyond the mean high-water line, within a riparian grant or which lies underwater.
B. 
In those cases where an existing waterfront lot which was not bulkheaded but was in conformance with the minimum lot area requirement of the Zoning Ordinance in effect at the time of the lot creation and in which the lot area was reduced by the effects of erosion, a reduction of lot area not greater than 10% of the original lot area may be permitted without a variance. The Zoning Officer shall require, in such cases, as a condition of issuance of any zoning permit to such a lot, the submission of proofs that all state and local permits required for bulkheading of this lot have been obtained, along with a plan indicating the location of the proposed bulkhead on the lot. The Zoning Officer may, as a condition to the issuance of a zoning permit, modify the bulkheading requirements to include other suitable means of shoreline stabilization as permitted by state and local agencies having jurisdiction.
[Amended 12-22-1998 by Ord. No. 98-49]
C. 
The Construction Official shall require that all bulkheading or other suitable means of shoreline bank stabilization approved by the Zoning Officer be completed as shown on the bulkheading plan prior to the issuance of any certificate of occupancy. The purpose of the bulkheading is to ensure the dimensional stability of the lot through the prevention of erosion.
[Amended 12-22-1998 by Ord. No. 98-49]
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within 60 days of enactment of this chapter and shall be diligently pursued to completion.
[Added 10-25-1984 by Ord. No. 57-84; amended 6-24-1993 by Ord. No. 93-57; 12-22-1998 by Ord. No. 98-49]
A. 
Interior lots.
(1) 
All fences and screens must be erected within the property lines, and no fence or screen shall be erected or planted so as to encroach upon a public right-of-way.
(2) 
See-through fences shall not exceed six feet in height when erected in the rear and side yards to the front building line of the existing building. When erected from the front building line of the existing building toward the front property line, such see-through fence shall not exceed four feet in height.
(3) 
Solid fences or screens shall not exceed six feet in height and shall not be permitted in front yards.
(4) 
Barbed wire shall not be used in a residential area.
(5) 
Any fence in a residential zone shall have its most pleasant or decorative side facing the adjacent lot with all posts being in the owner's yard unless such posts or supports are an integral part of the decorative design of the fence.
(6) 
Maintenance standards.
(a) 
Every fence or screen shall be maintained in a safe, sound, upright condition.
(b) 
If, upon inspection, any fence or screen or portion of any fence or screen is not being maintained in a safe, sound, upright condition or has been erected in violation of this chapter, the owner shall be notified in writing to repair or remove such fence or screen within 10 days of the date of written notice.
(7) 
Aboveground electric fences shall not be used and are prohibited in all residential areas.
[Added 9-14-2023 by Ord. No. 2023-21]
B. 
Corner lots.
(1) 
All fences and screens must be erected within the property lines, and no fence or screen shall be erected or planted so as to encroach upon a public right-of-way.
(2) 
See-through fences shall not exceed six feet in height when erected in the rear and side yards to the front building line of the existing building. When erected from the front building line of the existing building toward the front property line or within the fifteen-foot waterfront setback line, such see-through fence shall not exceed four feet in height.
[Amended 6-23-2005 by Ord. No. 2005-51]
(3) 
Solid fences or screens shall not exceed six feet in height and shall not be permitted in front yards, side yards abutting a street or the front setback as applied to adjoining interior lots for rear yards abutting a street.
(4) 
Barbed wire shall not be used in a residential area.
(5) 
Fences or screens shall not violate the requirements of § 335-13 of this chapter.
(6) 
Any fence in a residential zone shall have its most pleasant or decorative side facing the adjacent lot with all posts being in the owner's yard unless such posts or supports are an integral part of the decorative design of the fence.
(7) 
Maintenance standards.
(a) 
Every fence or screen shall be maintained in a safe, sound, upright condition.
(b) 
If, upon inspection, any fence or screen or portion of any fence or screen is not being maintained in a safe, sound, upright condition or has been erected in violation of this chapter, the owner shall be notified in writing to repair or remove such fence or screen within 10 days of the date of written notice.
(8) 
Aboveground electric fences shall not be used and are prohibited in all residential areas.
[Added 9-14-2023 by Ord. No. 2023-21]
C. 
Waterfront lots.
(1) 
All fences and screens must be erected within the property lines, and no fence or screen shall be erected or planted so as to encroach upon a public right-of-way.
(2) 
See-through fences shall not exceed six feet in height when erected in the rear and side yards to the front building line of the existing building. When erected from the front building line of the existing building toward the front property line or within the twenty-five-foot waterfront setback line, such see-through fence shall not exceed four feet in height.
(3) 
Solid fences or screens shall not exceed six feet in height and shall not be permitted in front yards or within the fifteen-foot waterfront setback line.
[Amended 5-27-2004 by Ord. No. 2004-31]
(4) 
Barbed wire shall not be used in a residential area.
(5) 
Any fence in a residential zone shall have its most pleasant or decorative side facing the adjacent lot, with all posts being in the owner's yard unless such posts or supports are an integral part of the decorative design of the fence.
(6) 
Maintenance standards.
(a) 
Every fence or screen shall be maintained in a safe, sound, upright condition.
(b) 
If, upon inspection, any fence or screen or portion of any fence or screen is not being maintained in a safe, sound, upright condition or has been erected in violation of this chapter, the owner shall be notified in writing to repair or remove such fence or screen within 10 days of the date of written notice.
(7) 
Aboveground electric fences shall not be used and are prohibited in all residential areas.
[Added 9-14-2023 by Ord. No. 2023-21]
D. 
Any fence constructed prior to 1991, notwithstanding anything to the contrary, which does not conform to setback requirements may be repaired or replaced in accordance with original specifications at its present location, provided the Zoning Officer finds that said fence complies with the visual requirements of § 335-13 and does not unduly obstruct any driveway.
[Added 7-22-2004 by Ord. No. 2004-46]
E. 
Residents with unimproved roads located adjacent to the side or rear of a single-family dwelling may erect a six-foot solid fence and/or a portable shed 100 square feet or less within the side or rear setback when the paper street has remained unimproved for more than five years and the resident agrees to bring the fence into compliance with § 335-22A and B if the paper road is improved to create an actual roadway accepted or constructed by the Township.
[Added 6-23-2005 by Ord. No. 2005-51]
F. 
Any fence, paddock, corral or other enclosure constructed to keep horses contained on the property must be set back a minimum of 20 feet from any property line. Any fence, paddock, corral or other enclosure to keep horses from leaving the property constructed prior to September 18, 2007, may be rebuilt, replaced, or constructed by the property owner for any reason, even if the structure is partially or totally destroyed. An affidavit from the property owner stating that the fence, paddock, corral or other type of enclosure existed prior to September 18, 2007, will be sufficient for the issuance of any permit required to rebuild, replace or construct the fence.
[Added 9-13-2007 by Ord. No. 2007-29]
[Added 12-22-1998 by Ord. No. 98-49]
Any residential or nonresidential driveway abutting collector or arterial streets, as defined in § 297-2 of the Municipal Code of the Township of Lacey, are to be designed and provided with turnarounds on the property to prevent backing out of the property onto the adjacent roadway.
[Added 6-28-2001 by Ord. No. 01-37]
A. 
A "home occupation" is defined as an accessory use conducted for commercial gain incidental to a dwelling and carried on within the dwelling or an accessory building by members of the family residing therein.
B. 
Home occupations shall be permitted in residential zones by obtaining a permit from the Zoning Officer under the following conditions:
(1) 
Those engaging in the home occupation must be residents of the dwelling.
(2) 
The space devoted to the home occupation must be 25% or less of the total square footage of the dwelling and shall not alter the character of the building's appearance from residential to commercial.
(3) 
Retail sales will not be conducted on the property.
(4) 
Only one vehicle may be engaged in or used in support of the home occupation and shall be limited in size so that the exterior extremities of the vehicle will fit within the standard parking space, nine feet in width by 19 feet in depth, as defined in § 285-11A(1)(a) of Chapter 285, Site Plan Review. The vehicle used in support of the home occupation must be parked on site. The term "vehicle," as used in this subsection, includes any vehicle requiring registration, including but not limited to cars, trucks, trailers and boats.
(5) 
The home occupation shall not constitute a nuisance to adjacent residential properties for reasons of noise, vibration and electrical interference or otherwise adversely affect the safe and comfortable enjoyment of property rights in the residential zone.
C. 
If the home occupation is to be located on the property but outside the principle dwelling, application must be made to the Planning Board for a conditional use approval. Home occupations shall only be permitted if no activity in connection with home occupation is conducted outside of the principal dwelling. Activities which will result in a home occupation no longer being permitted in a residential zone include but are not limited to storing of material or equipment or engaging in any home occupation activity outside of the principle dwelling. If any activity is conducted in connection with the home occupation outside of the principal dwelling, conditional use approval is necessary.
[Added 2-24-2022 by Ord. No. 2022-03]
A. 
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
(1) 
Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.
(2) 
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(3) 
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
(4) 
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
(1) 
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
(2) 
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
(3) 
Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
MAKE-READY PARKING SPACE
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make-Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
C. 
Approvals and permits.
[Amended 10-12-2022 by Ord. No. 2022-33]
(1) 
An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(2) 
EVSE and Make-Ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.
(3) 
All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4) 
The Borough Zoning Official shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Township of Lacey's land use regulations.
(5) 
An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a) 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b) 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met;
(c) 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations; and
(d) 
Within the Pinelands Area, the proposed installation complies with the minimum environmental standards of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.1 et seq.).
(6) 
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a) 
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b) 
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(c) 
A one-time written correction notice is not issued by the Borough Zoning Official within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(d) 
In the Pinelands Area, an application pursuant to Subsection C(5) above shall also require the submission of a certificate of filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of § 335-119B(7) of this chapter.
(7) 
Upon deeming an application complete pursuant to Subsection C(6) above, the Administrative Officer shall issue a zoning permit in accordance with § 335-79 of this chapter, and the following:
(a) 
In the Pinelands Area, said zoning permit shall not take effect and no development shall be carried out until the provisions of § 335-122 and § 335-123 have been met, unless the proposed development meets the criteria of § 335-119B(7) of this chapter.
(8) 
EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(9) 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
D. 
Requirements for new installation of EVSE and Make-Ready parking spaces.
(1) 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a) 
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of Make-Ready parking spaces;
(b) 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of Make-Ready parking spaces; and
(c) 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of Make-Ready parking spaces.
(d) 
Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
(2) 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a) 
Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.
(b) 
Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c) 
Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d) 
Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e) 
Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f) 
In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
(h) 
Notwithstanding the provisions of Subsection D above, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.
E. 
Minimum parking requirements.
(1) 
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 285 of the Township of Lacey Municipal Code.
[Amended 8-11-2022 by Ord. No. 2022-25]
(2) 
A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3) 
All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.
(4) 
Additional installation of EVSE and Make-Ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.
F. 
Reasonable standards for all new EVSE and Make-Ready parking spaces.
(1) 
Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2) 
Installation.
(a) 
Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b) 
Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c) 
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make-Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d) 
Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(3) 
EVSE parking.
(a) 
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b) 
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c) 
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d) 
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(4) 
Safety.
(a) 
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b) 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Township of Lacey's ordinances and regulations.
(c) 
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d) 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e) 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f) 
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g) 
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, Township of Lacey shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(5) 
Signs.
(a) 
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b) 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c) 
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d) 
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
[1] 
Hours of operation and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
[2] 
Usage fees and parking fees, if applicable; and
[3] 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.
(6) 
Usage fees.
[Amended 8-11-2022 by Ord. No. 2022-25]
(a) 
For publicly accessible municipal EVSE. In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be established by resolution adopted by the governing body.
(b) 
This fee may be amended by a resolution adopted by the governing body.
(c) 
Private EVSE. Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.