Pursuant to the directive of N.J.A.C. 16:62-2.1(a), the Township Committee
hereby adopts the minimum zoning standards promulgated by the Department of
Transportation in Chapter 62 known as "Air Safety and Hazardous Zoning," of
Title 16 of the New Jersey Administrative Code, including all subsequent revisions
and amendments thereto. This chapter of the Administrative Code is hereby
adopted by reference as the Air Safety and Hazardous Zoning Ordinance for
the Township of Lacey. All zoning standards delineated under Chapter 62 of
Title 16 of the New Jersey Administrative Code shall, by reference, set forth
the minimum zoning requirements of the Township of Lacey as applicable.
No variance or other relief from the standards promulgated by this chapter
shall be granted by the township to itself or to any person, except upon the
condition that the variance or relief is contingent upon the issuance of a
permit allowing the variance or relief by the Commissioner of the Department
of Transportation. Application for a variance shall be made to the Lacey Township
Planning Board or Zoning Board of Adjustment in accordance with its regulations
and procedures.
No airport within the township shall be classified as a nonconforming
land use under the standard promulgated by this chapter.
A copy of Chapter 62, known as "Air Safety and Hazardous Zoning," of
Title 16 of the New Jersey Administrative Code, may be reviewed at the Lacey
Township Clerk's office during its regular business hours.
[Added 7-11-1996 by Ord.
No. 96-36]
Pursuant to requirements of N.J.S.A. 6:1-85.1, the Township of Lacey
shall notify, in writing, each owner of record of property located within
an airport safety zone of the boundaries of the airport safety zone. A duly
authenticated copy of this notification shall be filed with the County Recording
Officer in the same manner as a deed or other instrument of conveyance. Failure
to give such notice shall give rise to no cause of action against the state,
Ocean County or the Township of Lacey.
[Added 7-11-1996 by Ord.
No. 96-36]
A metes and bounds description of airport safety zones shall be incorporated
into the township's maps which are used for tax purposes.
[Added 7-11-1996 by Ord.
No. 96-36]
Pursuant to N.J.S.A. 6:1-85.2, any person who sells or transfers property
in the airport safety zone and appearing on a municipal map used for tax purposes
shall provide notice to a prospective buyer that the property is located in
an airport safety zone, prior to the signing of a contract of sale. Failure
to provide such notice may result in the suspension or revocation of the person's
license to engage in real estate sales or other appropriate disciplinary action
by the New Jersey Real Estate Commission in the case of a person subject to
the jurisdiction of the Commission as provided by N.J.S.A. 6:1-85.2.