[HISTORY: Adopted by the Township Committee
of the Township of Lacey 5-17-1974 as Ch. 90 of the 1974 Code; amended
in its entirety 12-17-1976. Subsequent amendments noted where applicable.]
[Amended 12-18-1980 by Ord. No. 30-80; 6-24-1993 by Ord. No. 93-58; 12-8-1994 by Ord. No. 94-52; 12-22-1998 by Ord. No. 98-48; 2-9-2012 by Ord. No.
2012-05]
A.
Approval required.
(1)
Except as hereinafter provided, there shall be no building permit or certificate of occupancy issued for any new construction or for any enlargement, alteration or addition to any existing structure for any commercial or industrial use, office building, garden apartment, apartment or structure designed for multifamily use where such use or uses are permitted by the Chapter 335, Zoning, of the Code of the Township of Lacey, unless the developer submits a site plan to and final approval is granted pursuant to a resolution of the Planning Board; provided, however, that a resolution granting final site plan approval by the Zoning Board of Adjustment shall substitute for that of the Planning Board whenever the Zoning Board of Adjustment has jurisdiction over site plans pursuant to N.J.S.A. 40:55D-76(b) and Chapter 335, Zoning, of this Code. No certificate of occupancy shall be given unless all construction conforms with the approved site plan.
(2)
Any change of use of an existing site requires site plan approval
by the approving authority. The site must conform to the off-street
parking requirement for the proposed new use as set forth elsewhere
in this Code. Any addition, expansion or alteration to an off-street
parking area, access drive or buffer shall require site plan approval.
Any construction of a new off-street parking area, loading or storage
area or drive which may or may not include the construction or alteration
of a structure requiring issuance of a building permit shall also
require site plan approval.
B.
Site plan approval shall not limit the requirements for submission
of an application to the appropriate Board for subdivision, conditional
use approvals and/or any and all variances that may be required either
by ordinance or pursuant to state statute.
C.
Any change of an existing use to a use described above shall also
require final site plan approval regardless of whether such change
of use requires any new construction.
D.
The provisions herein shall not apply to detached one- or two-family
dwelling unit buildings.
E.
Each application for site plan approval, when required pursuant to
Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), shall be submitted
by the applicant to the Ocean County Planning Board for review or
approval as required by the aforesaid sections, and the Planning Board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the Ocean County Planning
Board or approval by the Ocean County Planning Board by its failure
to report thereon within the required time period.
F.
The Planning Board, when acting upon applications for preliminary
site plan approval, shall have the power to grant such exceptions
for the requirements for site plan approval as may be reasonable and
within the general purpose and intent of the provisions herein and
within the provisions of N.J.S.A. 40:55D-1 et seq., if the literal
enforcement of one or more provisions of this chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
G.
The Planning Board shall have the power to review and approve or
deny conditional uses or subdivisions simultaneously with the review
for site plan approval without the developer being required to make
further application to the Planning Board or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to the Municipal Land Use
Act, notice of the hearing on the plat shall include reference to
the request for such conditional use.
H.
Any site plan application proposing additional development to an
existing site which requires not more than three additional parking
spaces, not more than an additional 700 square feet of gross floor
area and not constituting an expansion of lot coverage of more than
25% and which does not impact upon the major elements of the site,
including but not limited to the drainage, access, circulation, parking
or buffer and screening plans, or any other aspect deemed by the Zoning
Officer to necessitate a major site plan application, shall be considered
to be a minor site plan.
I.
Any modification, alteration, amendment or change to an approved
site plan shall require the submission of an amended site plan and
shall require amended site plan approval by the approving authority.
However, under certain cases, minor changes or alterations necessitated
by field construction conditions may be approved by the Township Engineer
as field changes. Before any such field change may be reviewed or
approved, the developer may request approval for such change, in writing,
submitting any supporting data, plans or sketches to the Township
Engineer.
J.
Any exterior renovation or modification to the access areas of an
existing structure proposed for the purpose of complying with the
provisions of the Americans with Disabilities Act, 42 U.S.C. § 12101
et seq., which does not affect the existing site plan elements of
the property, including but not limited to parking, circulation, fire
access and loading, and which does not increase the interior area
of the structure or negatively impact the landscaping of the site,
shall be exempt from the site plan approval requirements of this chapter.
K.
In appropriate cases and after submission of a survey or other sketch
of the proposed modification, change or addition, together with the
appropriate fees, the Planning Board of the Township of Lacey may
grant a site plan waiver to any development which would otherwise
require site plan approval, provided that the following conditions
are met:
(1)
The proposed development shall consist of a building addition or
an attached or detached accessory structure for the purposes of exterior
ground-mounted equipment associated with solar/wind power, storage,
solid waste management, refuse containment, ingress or egress, or
other similarly accessory use.
(2)
The proposed development shall not require an increase in the number
of parking spaces and shall have no impact upon drainage or other
required improvements.
(4)
The Planning Board shall find, after a brief presentation, without
the requirement for public hearing or public notice that the submission
of full amended or minor site plan is not necessary in order for protection
of the general public health, safety and welfare of the Township of
Lacey.
The Planning Board shall grant final approval
of a site plan application if the detailed drawings, specifications
and estimates based upon the application for final approval conform
with the standards established herein:
A.
The details of the site plan are in accordance with the standards of Chapter 335, Zoning, and any and all other ordinances of the Township of Lacey which may be in existence at the time of the application and in harmony with any officially adopted comprehensive Master Plan of the Township of Lacey which may hereafter be adopted by said Township.
B.
The application is in compliance with the requirements
of N.J.S.A. 40:55D-38.
C.
There is a provision, if required, for off-tract water, sewer, drainage and street improvements which are necessitated by land development, with any contributions for the cost of the same to be computed in accordance with N.J.S.A. 40:55D-42 and Chapter 215, Land Use Procedures, of this Code.
D.
Provisions for standards to encourage and promote
flexibility and economy in layout and design to the use of planned
unit development, planned unit residential development and residential
cluster, provided that such standards shall be appropriate to the
type of development permitted and provided further than an ordinance
shall be adopted by the Township of Lacey setting forth the limits
and the extent of any special provisions applicable to such planned
developments.
E.
In the event there is a development which proposes
construction over a period of years, provisions ensuring the protection
of the interest of the public and the residents, occupants and owners
of the proposed development in the total completion of the development.
F.
Preservation of existing natural resources on the
site.
G.
Safe and efficient vehicular and pedestrian circulation,
parking and loading.
H.
Landscaping and reasonable screening of structures
from view of adjacent properties and streets, where necessary, at
all seasons of the year, for the purposes of protecting the health,
safety, general welfare, comfort and convenience of the public.
I.
Exterior lighting needed for safety reasons, in addition
to any requirements for streetlighting.
J.
The site must conform to all applicable requirements
of the New Jersey Barrier-Free-Access Standards.
[Added 12-18-1980 by Ord. No. 30-80]
K.
The site must conform to all applicable requirements
of the Flood Hazard Area Land Use Regulations, N.J.S.A. 58:16A-1 et
seq. and the Lacey Township Construction Code for Flood Hazard Areas,
Chapter 68, as amended.
[Added 12-18-1980 by Ord. No. 30-80]
L.
The site must conform to the requirements of all outside
agencies having jurisdiction over the subject site. Evidence of the
receipt of all required outside agency approvals must be furnished,
as a condition of final site plan approval, to the Planning Board.
[Added 12-18-1980 by Ord. No. 30-80]
[Amended 12-18-1980 by Ord. No. 30-80]
A.
Site plan applications shall be made upon forms to
be supplied by the Board. A site plan application shall be deemed
complete, pursuant to N.J.S.A. 40:55D-3, upon submission of the following:
(1)
Three copies of the completed application form.
(2)
Three copies of the completed technical checklist
forms.
(4)
A certificate of property taxes being paid to date
on the subject site.
(5)
If the applicant or record owner of the tract is a
corporation, a corporate ownership disclosure must be provided.
(6)
A certified list of property owners within a two-hundred-foot
radius of the subject tract.
(7)
Complete applications for any variances from the requirements
of the current Lacey Township Zoning Ordinance for which the applicant
seeks relief.
(8)
Six copies of the site plan containing or including
all information and data as required below and in compliance with
all requirements hereinafter set forth.
B.
The application, together with the site plan and all
submissions, forms and the application fee, shall be submitted to
the Planning Board Coordinator (Secretary) not later than 30 days
prior to the date of the scheduled meeting of the Board. Should it
be found upon review of any application that the application is deficient
in any items as required above, the application shall be deemed to
be incomplete and shall not be heard by the Planning Board until all
deficiencies are corrected. If, upon review of the site plan submission,
it should be determined that the plans or technical submissions are
deficient in the requirements set forth herein, the application shall
also be deemed incomplete. Resubmission of any site plan which has
been deemed incomplete must be accompanied with the required application
forms and application fee for site plan resubmissions as herein required.
[Amended 5-11-1989 by Ord. No. 24-89]
C.
All site plans and supporting documents shall comply
with the requirements hereinafter set forth and shall contain the
following information and data:
(1)
One copy of site plan shall consist of a translucent
tracing on a polyester drafting film (Mylar or equivalent). The size
of the site plan sheet shall be not larger than thirty by forty (30
x 40) inches nor smaller than fifteen by twenty-one (15 x 21) inches.
The site plan shall be clearly and legibly drawn, in black India ink,
and shall conform to all standard engineering conventions and requirements
for site development plans.
(2)
A scale of not less than 50 feet to the inch. All
distances shall be in feet and decimals of a foot, and all bearings
shall be given to the nearest 10 seconds. The error of closure shall
not exceed one to ten thousand (1:10,000).
(3)
The names of all owners of record of all adjacent
properties, and the block and parcel numbers of the properties. The
lot(s) and block(s) of the tract which the subject site occupies and
of all adjacent properties shall be shown on the site plan. The Tax
Map sheet number of the most recent Lacey Township Tax Map must be
noted on the site plan. A map showing the location of all properties
within a two hundred-foot radius of the boundaries of the subject
tract shall be provided, and the names of all property owners, as
disclosed by a certified list from the Lacey Township Tax Assessor's
office shall also be provided. The map may be shown on the site plan,
if drawn to a scale large enough to be legible and clean, or can be
on a separate plan sheet which shall be an integral part of the site
plan.
(4)
Existing school, zoning and special district boundaries.
Such features shall be shown on a separate map or as a key map on
a special detailed map itself.
(5)
All property lines, existing and proposed street rights-of-way
and edge of paving, all zoning district boundaries adjacent to or
abutting the subject site, all building or setback lines as per the
current requirements of the zoning district in which the subject site
lies and all reservations, easements and areas dedicated to public
use.
(6)
A copy of any covenants or deed restrictions that
are intended to cover all or any part of the tract.
(7)
Location of existing buildings which shall remain
and all other structures, such as walls, fences, culverts, bridges,
roadways, etc., with spot elevations of such structures. The outline
of such structures shall be indicated by a dash line, and those that
shall remain shall be shaded.
(8)
Location of all storm drainage structures and utility
lines, whether publicly or privately owned, with pipe sizes, grades
and direction of flow; and if any existing utility lines are underground,
the estimated location of said already existing underground utility
line shall be shown.
(9)
Existing and proposed contours at intervals of two
feet where slopes are at 5% or greater and at intervals of five feet
where slopes are less than 5%, referenced to the New Jersey Vertical
Control Datum. Existing contours shall be shown in a dash line, and
proposed contours shall be shown in a solid line. Top of curb and
finished pavement (or gutter) elevations shall be shown for all parking
and loading areas and drives.
(10)
Location of existing rock outcrops, high points, watercourses,
depressions, ponds, marshes, wooded areas, single trees not in wooded
areas with a diameter of six inches or more, as measured three feet
above the base of the trunk, and other significant existing features,
including previous flood elevations of watercourses, ponds and marsh
areas as determined by survey.
(11)
Title of development, North arrow, written and graphic
scale; the name, address and telephone number of the record owner,
applicant and professional (engineer, land surveyor, land planner
or architect) preparing the site plan.
(12)
A survey prepared by a licensed surveyor of the State
of New Jersey, to accompany the site plan and to show the boundaries
of the parcel and the limits of all proposed streets, recreation areas
and other property to be dedicated to public use. The site plan may
be accompanied by such other exhibits of an architectural or planning
nature submitted by the applicant or as may be required by the rules
of the Planning Board.
(13)
All existing and proposed streets adjoining or abutting
the site shall be shown, together with profiles indicating centerline
and gutter grades within 200 feet of the boundaries of the site. The
type of paving surface, right-of-way width and pavement widths shall
be shown, and a typical pavement cross section shall be shown for
all proposed new streets or extensions of existing streets proposed
by the site plan. The site plan shall also show the location and width
of all sidewalks and the location and size of all utilities. All improvement
construction shall conform to the applicable standards and specifications
of the Township of Lacey.
(14)
The proposed use or uses of land and buildings and
the proposed location of buildings, including proposed grades; the
business or businesses that will occupy the site.
(15)
All means of vehicular access and egress to and from
the site onto public streets, showing size and location of driveways,
curb cuts and sidewalks. All existing drives within 200 feet of the
subject site shall be shown, including the width of all drives; all
sight triangles conforming to the requirements of the Township of
Lacey, the County of Ocean and/or the New Jersey Department of Transportation,
as applicable.
(16)
The location, design and capacity of any off-street
parking or loading areas, showing the size and location of bays, aisles
and barriers.
(17)
The location of all proposed waterlines, valves and
hydrants and of all sewer lines or alternative means of water supply
or sewage disposal and treatment in conformance with the applicable
standards of the Township of Lacey and the Ocean County Sewerage Authority.
(18)
The proposed location and direction of illumination,
amount of illumination expressed in average horizontal footcandles
and the hour and time of proposed outdoor lighting in conformance
with all applicable standards of the Township of Lacey, including
but not limited to the BOCA Basic Energy Conservation Code and Lighting
Power Budget Determination Procedure, EMS-1 by the Illuminating Engineers'
Society. Details of the proposed lighting fixtures, including type,
nature of lighting, fixture construction and mounting height, shall
be shown. All exterior illumination fixtures must be designed, constructed
and installed such that no glare is reflected onto any road or highway
or any adjacent properties.
(19)
The proposed screening and landscaping, including
planting plan, in conformance with the applicable standards of the
Township of Lacey and the Planning Board of the Township of Lacey.
(20)
The site plan must show in detail any proposed storm
drainage system, including details of construction, location, grades,
pipe slopes, inverts and rim elevations. Complete hydraulic and sizing
calculations must be provided for all proposed storm drainage systems.
Runoff calculations shall be provided for all sites and must be based
on a ten-year design frequency storm based on Atlantic City Rainfall
Intensity Curves. The location of any existing storm drainage facilities
within a two-hundred-foot radius of the subject site must be shown.
Should the site plan propose to utilize an existing storm drainage
system, evidence that the existing storm drainage has the capacity
to accept the additional runoff contribution from the subject site
must be shown. If the existing storm drainage system to be utilized
is other than the Township of Lacey system, evidence of approval by
the agency or owner of that storm drainage system must be provided
to the Planning Board.
(21)
Complete floor plans of the proposed building(s) on
the site. Exterior elevation drawings of the proposed building(s)
showing exterior treatment.
(22)
Location, size, details and nature of construction
of all proposed exterior signs, including any illumination details,
setbacks, heights, dimensions and anchoring details.
(23)
The area of the tract on which the site is located
must be provided to both the nearest acre and nearest square foot.
(24)
Appropriate signature blocks for the approved signatures
of the Planning Board Chairman, Secretary (Coordinator) and Engineer.
(25)
If the record owner of the tract on which the site
is located is other than the site plan applicant or if the applicant
is a contract purchaser of the tract, certification, signed by the
record owner and notarized, must be provided on the site plan attesting
approval of the filing of the site plan.
(26)
For any site that will be developed in stages, the
Planning Board may require the applicant to submit a total development
plan in such detail as required by the Planning Board.
(27)
A list of all outside agency approvals required for
the site and the status of the applications for such approvals must
be provided to the Planning Board.
(28)
A print of the soil erosion and sediment control plan
as submitted to the Ocean County Soil Conservation District must be
included with the site plan and be an integral part of the site plan
submission.
(29)
If the site lies in a flood hazard area as delineated
by the most current Federal Insurance Administration flood hazard
boundary maps, the flood hazard zone must be noted on the site plan.
The plan must conform to all requirements and standards of Chapter
68 of the Lacey Code and all other applicable laws governing construction
in flood hazard areas.
(30)
The site plan must include complete design and construction
details of any off-tract improvements proposed or required. All plans
for off-tract improvements must conform to all applicable standards
of the Township of Lacey.
(31)
Should the site plan contain more than one sheet,
all sheets shall be numbered and bear a proper title block and identification.
(32)
Should the tract on which the site lies consist of more than a single Tax Map lot, a lot consolidation application must be made to the Planning Board consolidating all lots into a single Tax Map lot. Such lot consolidation applications may be made concurrent with the site plan application. Lot consolidation applications shall be made in accordance with the provisions of the Lacey Township Subdivision Ordinance, Chapter 93.
(33)
There shall be included in any new commercial site
plan approval an indoor or outdoor recycling area for the collection
and storage of commercially generated recyclable materials.
[Amended 8-27-1998 by Ord. No. 98-29[1]]
(a)
The dimensions of the recycling areas shall
be sufficient to accommodate recycling bins or containers which are
of adequate size and number and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located. The dimensions of the recycling area and the
bins or containers shall be determined in consultation with the Municipal
Recycling Coordinator and shall be consistent with the district recycling
plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A.
13:1E-99.13), and any applicable requirements of the Municipal Master
Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.
(b)
The recycling areas shall be conveniently located
for the disposition of source-separated recyclable materials, preferably
near a refuse dumpster.
(c)
The recycling areas shall be well lit and shall
be safely and easily accessible without interference from parked cars
or other obstacles. Reasonable measures shall be taken to protect
the recycling area, and the bins or containers placed therein, against
theft of recycling materials, bins or containers.
(d)
The recycling areas, or the bins or containers
placed therein, shall be designed so as to provide protection against
adverse environmental conditions which might render the collected
material unmarketable. Any bins or containers which are used for the
collection of recyclable paper or cardboard and which are located
in an outdoor recycling area shall be equipped with a lid or otherwise
covered so as to keep the paper or cardboard dry.
(e)
Signs clearly identifying the recycling area
and the material accepted therein shall be posted adjacent to all
points of access to the recycling area. Individual bins or containers
shall be equipped with signs indicating the materials to be placed
therein.
(f)
Landscaping and/or fencing shall be provided
around any outdoor recycling area and shall be developed in an aesthetically
pleasing manner.
[1]
Editor's Note: This ordinance also renumbered
former Subsection C(33) as C(34).
(34)
Such other information or data as required by the
Planning Board or Planning Board Engineer in order to determine that
the details of the site plan are in accordance with the standards
of the Township of Lacey and all other general law.
A.
Upon submission to the administrative officer of the
Planning Board of an application for preliminary site plan approval,
said administrative officer shall review the application, together
with all documents to be submitted with said application, and, if
the application for development is found to be incomplete, the developer
shall be notified, in writing, within 45 days of the original submission
of such application of any deficiencies. In the event that no notification
is received within 45 days, said application shall be deemed to be
properly submitted.
[Amended 12-18-1980 by Ord. No. 30-80]
B.
In the event the Planning Board requires any substantial
amendment to the layout of improvements proposed by the developer
which have been the subject of a hearing, an amended application for
development shall be submitted and acted upon, as in the case of an
original application for development.
C.
Upon submission to the administrative officer of a
completed application for preliminary site plan approval which involves
10 acres of land or less and 10 dwelling units or less, the Planning
Board shall grant or deny preliminary site plan approval within 45
days of such completed submission or within such further time as may
be consented to by the developer. Upon submission of a completed application
for preliminary site plan approval which involves more than 10 acres
or more than 10 dwelling units, the Planning Board shall grant or
deny preliminary site plan approval within 95 days of the date of
such completed submission or within such further time as may be consented
to by the developer. In the event that there is no action taken by
the Planning Board within the time period provided for herein, said
Board shall be deemed to have granted preliminary site plan approval
of the site plan.
[Amended 12-18-1980 by Ord. No. 30-80]
A.
Preliminary site plan approval of a site plan shall,
except as provided herein, confer upon the applicant the following
rights for a three-year period from the date of preliminary approval:
(1)
The general terms and conditions of the preliminary
site plan approval shall not be changed, including but not limited
to the use requirements; layout and design standards for street, curbs
and sidewalks; lot size; yard dimensions and off-tract improvements;
and any requirements pursuant to N.J.S.A. 40:55D-41, except that nothing
herein shall be construed to prevent the municipality from modifying,
by ordinance, such general terms and conditions of any preliminary
site plan approval as relate to the public health, safety and welfare.
(2)
The applicant may submit for final approval, on or
before the expiration date of preliminary approval, the whole or a
section or sections of the preliminary site plan, as the case may
be.
(3)
The applicant may apply for, and the Planning Board
may in its discretion grant, extensions of preliminary site plan approvals
for additional periods of at least one year but not to exceed a total
extension of two years, provided that if the design standards have
been revised by ordinance, such revised standards may govern.
(4)
In the event there is preliminary site plan approval
for an area of 50 acres or more, the Planning Board may grant the
rights referred to above herein for such a period of time, longer
than three years, as shall be determined by the Board to be reasonable,
taking into consideration:
B.
The applicant may apply for thereafter, and the Planning
Board may thereafter grant, an extension to preliminary approval for
such additional period of time as shall be determined by the Planning
Board to be reasonable, taking into consideration the number of dwelling
units and the nonresidential floor area permissible under preliminary
approval, the potential number of dwelling units and the nonresidential
floor area of the section or sections awaiting final approval, economic
conditions and the comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
may govern.
Final approval of site plans shall be as follows:
A.
The Planning Board shall grant final approval of a
site plan application if the detailed drawings and specifications
conform to the standards established herein for final approval and
the conditions for preliminary approval have been complied with.
B.
Final approval shall be granted or denied within 45
days after submission of a completed application to the administrative
officer, or within such further time as may be consented to by the
applicant. Failure of the Planning Board to act within the period
prescribed shall constitute final approval, and a certificate of the
administrative officer as to the failure of the Planning Board to
act shall be issued upon request of the applicant.
C.
Whenever review or approval of an application for
a final approval is required by the Ocean County Planning Board pursuant
to Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Planning
Board shall condition any final approval upon timely receipt of a
favorable report upon the application by the Ocean County Planning
Board or approval by the Ocean County Planning Board by its failure
to report thereon within its required time period.
D.
All final site plan approvals granted by the approving
authority are subject to the developer's providing the Planning Board
with evidence of receipt of all approvals by agencies having jurisdiction
over the subject site. No final site plan shall be signed by the Planning
Board in certification of site plan approval unless all such evidence
of approvals has been provided and the off-site drainage assessment,
if any, the site improvement construction inspection fee and any outstanding
site plan review fees have been posted.
[Added 12-18-1980 by Ord. No. 30-80]
E.
Upon signing of the final site plan by the Planning
Board Chairman, Secretary (or Coordinator) and Engineer, the applicant
shall provide the Planning Board Secretary with one duplicate Mylar
and six paper prints of the approved site plan bearing the above signatures.
[Added 12-18-1980 by Ord. No. 30-80]
F.
Within the Pinelands Area, all final site plan approvals shall be subject to the notice and review procedures set forth in Chapter 335, Zoning, of this Code.
[Added 2-14-1991 by Ord. No. 5-91]
G.
A copy of the final site plan shall be submitted to
the Township in digital form for updating of the Township Tax Map.
[Added 12-23-2003 by Ord. No. 2003-61]
[Amended 3-17-1978; 12-18-1980 by Ord. No.
30-80]
A.
Procedure upon completion of improvements.
(1)
When all of the required improvements have been completed,
the obligor shall notify the governing body, in writing, by certified
mail addressed in care of the Municipal Clerk, of the completion of
said improvements and shall send a copy thereof to the Township Engineer.
Thereupon, the Township Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the governing body,
indicating either approval, partial approval or rejection of the improvements,
with a statement of the reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
(2)
The governing body shall either approve, partially
approve or reject the improvements on the basis of a report of the
Township Engineer and shall notify the obligor, in writing, by certified
mail, of the contents of said report and the action of said approving
authority with relation thereto not later than 65 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to his performance guaranty, except for that
portion adequately sufficient to secure completion of the improvements
not yet approved. The failure of the governing body to send or provide
such notification to the obligor within 65 days shall be deemed to
constitute approval of the improvements, and the obligor and surety,
if any, shall be released from all liability pursuant to said performance
guaranty.
B.
If any portion of the required improvements is rejected,
the Planning Board may require the obligor to complete such improvements
and, upon completion, the same procedure or notification as set forth
above shall be followed.
C.
Nothing herein shall be construed to limit the right
of the obligor to contest by legal proceedings any determination by
the governing body or by the Township Engineer.
D.
The developer, as a condition of final site plan approval,
shall be required to post, in cash or certified check, site improvement
construction inspection fees in an amount equal to 6% of the cost
of site improvement construction, as estimated by the Planning Board
Engineer. The developer shall also be required to reimburse the Township
of Lacey for any additional inspection fees in excess of the posted
fee, should additional site improvement construction inspection be
required.
E.
In the event that final approval is by stages or sections
of development pursuant to sections set forth in N.J.S.A. 40:55D-38,
as amended, the provisions of this section shall be applied by stage
or section.
F.
Prior to the issuance of any certificate of occupancy,
an as-built survey of the site shall be provided, including but not
limited to the location and finished floor elevation of all buildings,
locations of all site access driveways, parking and loading areas
and circulation plan elements, curbing, sidewalks, stormwater management
measures, site elevations, grading and stormwater runoff direction,
site identification and traffic control signage and lighting.
[Added 12-22-1998 by Ord. No. 98-48]
A.
In the event it is determined that the application
for final site plan approval by the developer requires off-tract improvements,
the contributions thereon shall be determined pursuant to the provisions
of N.J.S.A. 40:55D-42.[1]
[1]
Editor's Note: Former Subsection B, concerning
the Planning Board Engineer determining if a site for which final
site plan application has been made is subject to an off-tract storm
drainage assessment, added 12-18-1980 by Ord. No. 30-80, which immediately
followed this subsection, was repealed 12-22-1998 by Ord. No. 98-48.
A.
The zoning requirements applicable to the preliminary
site plan approval first granted by the Planning Board and all other
rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49,
whether conditionally granted or otherwise, shall not be changed for
a period of two years after the date of final approval.
B.
In a case of a site plan for a planned unit development or a planned unit residential development or a residential cluster of 50 acres or more or a conventional site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A above herein for such a period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration:
[Added 12-18-1980 by Ord. No. 30-80]
A.
"Minor site plan" means a development plan of one
or more lots which proposes new development within the scope of development
specifically permitted by ordinance as a minor site plan; does not
involve the planned development, any new street or extension of any
off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42; and contains the information reasonably required in order
to make an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
B.
The Planning Board may waive notice and public hearing
for an application for development if the Planning Board or if a designated
Site Plan Subcommittee of the Planning Board, approved by the Chairman
of the Planning Board, finds that the application for development
conforms to the definition of "minor site plan." Minor site plan approval
shall be deemed to be final approval of the site plan by the Board,
provided that the Board or said Subcommittee may condition such approval
on terms ensuring the provision of improvements pursuant to N.J.S.A.
40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
C.
Minor site plan approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the administrative office or within such further time as may be
consented to by the applicant. Failure of the Planning Board to act
within the period prescribed shall constitute minor site plan approval.
D.
Whenever review or approval of the application by
the Ocean County Planning Board is required pursuant to N.J.S.A. 40:27-6.6,
the Planning Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the Ocean
County Planning Board or approval by the Ocean County Planning Board
by its failure to report thereon within the time period required.
E.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
is granted shall not be changed for a period of two years from the
date of minor site plan approval.
[Added 12-18-1980 by Ord. No. 30-80]
In connection with every industrial, commercial,
institutional, professional, recreational, residential or any other
use, there shall be provided off-street parking spaces and parking
lot standards in accordance with the following requirements:
A.
Size and access.
(1)
Each dead storage bay of an off-street parking space
may be perpendicular to the aisle, parallel to the aisle or at any
angle between 60º and 90º. No angle-parking layout shall
be permitted with an angle of less than 60º. The following are
minimum stall and aisle dimensions:
(a)
Perpendicular standard parking and angle parking
stalls of 60º to 90º; stall width, nine feet; stall depth,
19 feet; aisle width, 25 feet.
[Amended 11-8-1984 by Ord. No. 61-84]
(b)
Parallel parking: stall width, 23 feet; stall
depth, 10 feet; aisle width, 12 feet for a single lane and 20 feet
for a double lane.
(2)
When the parking area is designed for angle parking,
the stalls on both sides shall be so inclined as to permit a driver
approaching from either end of the aisle to have access to the stalls
on one side.
(3)
In parking lots having a capacity of more than 100
cars, a main access drive shall be provided from points of ingress
and egress.
(4)
No parking shall be permitted on the main access drive,
nor shall it serve as an access aisle to adjacent parking spaces.
(5)
All parking areas and driveways shall be clearly marked
and shall include barrier lines, lane lines, directional arrows and
stop lines.
(6)
Entrance and exit drives shall have a minimum width
of 16 feet for those designed for one-way traffic and 30 feet for
those carrying two-way traffic.
(7)
All access drives shall provide a minimum turning
radius of 30 feet.
(8)
All off-street parking areas shall conform to the
requirements of the New Jersey State Barrier-Free Access Code and
shall contain the number of handicapped parking stalls required by
the above noted code. Handicapped parking stalls shall have the minimum
stall width as set forth in the Uniform Construction Code, and a minimum
stall length of 19 feet. All handicapped parking stalls shall be located
such that handicapped persons are not required to travel behind parking
vehicles or across major access or internal drives in order to enter
the site. All handicapped parking stalls shall be appropriately marked.
[Amended 12-22-1998 by Ord. No. 98-48]
B.
Location of parking. Where the required minimum parking
spaces for a particular use, as set forth hereinafter, are at or greater
than three parking spaces, the following regulations shall apply:
(1)
Where parking is permitted between the front building
line and the street line, a safety island or raised median separating
the public street from the parking area shall be provided in accordance
with the following minimum requirements:
(a)
The width of the safety island shall be that
width between the proposed street curbline and a point five feet inside
the property line. When this width is less than 15 feet, the parking
area shall be reduced to provide a minimum width for the safety island
of 15 feet. All required tree and shrub plantings shall be planted
on the on-site portion of the safety island.
(b)
Safety islands shall be raised a minimum of
six inches above the adjacent parking area.
(c)
Safety islands shall be topsoiled and seeded
or otherwise landscaped, except that they may, in the alternative,
be constructed of maintenance-free materials which provide a clear
and unmistakable distinction between the parking area and the safety
island.
(d)
Notwithstanding the use of maintenance-free
materials, there shall be provided at least one deciduous tree two
inches in diameter at breast height every 40 feet or part thereof
on all safety islands. A greater distance will be allowed for plantings,
if necessary for traffic safety. The area between trees shall be planted
with a minimum of three evergreen-type shrubs not exceeding 36 inches
in height.
(e)
No commercial signs or other aboveground obstructions
other than plantings and light standards shall be permitted
in the safety islands.
[Amended 12-22-1998 by Ord. No. 98-48]
(f)
Precast concrete wheel stops shall be provided
in all parking stalls which abut a sidewalk or other walkway. The
wheel stops shall be placed three feet from the face of any interior
perimeter curbing. The wheel stops shall be or precast concrete and
shall conform to the standard configuration as set forth in Figure
(1) of this Code.[1] Each wheel stop shall be anchored by means of a solid
steel pin having a minimum diameter of one inch and a length of 36
inches, driven through each end of the stop and securing it firmly
into the ground.
[Amended 11-8-1984 by Ord. No. 61-84]
[1]
Editor's Note: Figure 1 is included at the
end of this chapter.
C.
Small parking areas. Parking lots having at least three but less than 10 spaces shall comply with all applicable requirements of Subsections A and B of this section and shall also be bordered by a five-foot, unbroken, landscaped dividing strip along all side property lines from the street line to the rear lot line, unless the Planning Board for good cause shall waive such requirements.
D.
Intermediate-size parking areas. Parking areas having
more than 10 spaces but less than 51 spaces shall be designed to fulfill
the following minimum requirements:
(1)
A safety island or raised median shall be provided
as herein described.
(2)
A five-foot, unbroken, landscaped dividing strip shall
be provided along all side property lines from the street line to
the rear lot line, unless otherwise specified herein or unless the
Planning Board for good cause shall waive such requirements.
(3)
Not more than one two-way access driveway or two one-way
access driveways shall be provided on any one street unless approval
otherwise is obtained from the body, agency or official having jurisdiction
over the plan.
(4)
All safety islands and landscaped dividing strips
shall be planted with at least one deciduous tree having a trunk two
inches in diameter at breast height every 40 feet or part thereof,
and the area between trees shall be planted with a minimum of three
evergreen-type shrubs not exceeding 36 inches in height.
(5)
All entrance and exit driveways shall be curbed on
both sides from the street curb to a point at the beginning of access
driveways or parking stalls.
E.
Large parking areas. Parking lots which have a capacity
for parking more than 50 vehicles shall incorporate the following
minimum design standards:
(1)
All entrance and exit driveways shall be curbed on
both sides a minimum distance of 100 feet back from the street curb
or to a major collector aisle.
(2)
No parking stalls which shall require the use of the
entrance and exit driveways as access aisles shall be permitted.
(3)
All access driveways located along one-way streets
or divided highways shall be separate one-way driveways. Said driveways
shall be located so that vehicles enter the parking area at the beginning
of the property and exit at the far end of the property unless other
considerations, such as a median opening, dictate otherwise.
(4)
All directional (one-way) driveways shall be marked
by appropriate signs facing all peripheral service roads serving the
property as well as the parking space.
(5)
On lots having a frontage of 100 feet or less, driveways,
exits and entrances shall be located as far as practical from an intersection.
On lots having a frontage in excess of 100 feet, driveways, exits
and entrances shall be located as near the middle line as practical.
However, on such lots the entrance or exit driveways need not be located
more than 500 feet from the intersection. For the purpose of locating
the driveways, measurements shall be taken from the curbline of the
intersection.
(6)
No driveway shall be located less than 10 feet from
the side property line or within 30 feet of an existing drive, whichever
is greater.
(7)
No property having a frontage of less than 100 feet
shall have more than one deciduous tree two inches in diameter at
breast height every 40 feet or part thereof on all safety islands.
A greater distance will be allowed for plantings if necessary for
traffic safety. The area between trees shall be planted with a minimum
of three evergreen-type shrubs not exceeding 36 inches in height.
F.
Retaining walls and land banks.
(1)
In the event that parking is proposed on a lot or
site having a slope greater than 10%, regardless of size, it shall
be terraced utilizing retaining walls or properly reinforced land
banks and providing for adequate safety, stability and drainage. At
no time shall a land bank that is not reinforced, nor any other earthen
material having a greater elevation than the adjacent parking area
and having a slope exceeding 3 to 1, be used.
[Amended 12-22-1998 by Ord. No. 98-48]
(2)
When retaining walls or land banks or similar types
of earthen material are necessitated adjacent to or within the parking
area, they shall be kept in good repair or otherwise maintained so
as to keep the parking area free of debris and dirt.
G.
Other considerations. All uses, including existing
uses that are changed, expanded or modified as to structure or function,
shall be bound by the above requirements. In addition, no unrestricted
vehicular access shall be permitted between adjacent properties, except
as provided herein or unless the Planning Board for good cause shall
waive such requirements. Vehicular access, if agreed upon by the owners
or possessors of adjacent properties, shall be limited to one opening
providing two lanes of traffic and shall be located in such a manner
as to offer continuity of a similar access drive on the adjacent property.
The opening shall occur at a point having the greatest distance from
the street line that would facilitate the joining of properties. Access
shall be denied across the remainder of the side lines by the construction
of a landscaped dividing strip five feet in width on the property
being developed. If and when the adjacent property is developed, there
shall be a similar dividing strip at least five feet wide. Ali dividing
strips shall be landscaped as provided herein. However, nothing contained
in this section shall be construed as requiring an applicant applying
for site plan approval of an extension of an existing use to adhere
to the minimum standards established by this section for such parking
areas as existed prior to the enactment of this chapter, so long as
the extended parking area is not interconnecting with the existing
parking area.
H.
Screening of refuse area. These areas adjacent to
or within the parking area designated as refuse storage and pickup
areas shall be properly screened to prevent the unsightly display
and the scattering of debris. The following minimum requirements shall
apply:
(1)
The area shall be surrounded on at least three sides
by a uniform fence not less than five feet and no more than eight
feet in height. The fence shall be located and be of such type as
to promote safety and ensure against creation of an unsightly condition.
The fence must at all times be maintained so as to be kept in a sound,
upright, fully repaired and painted condition or, if not painted,
shall be made of such material as does not corrode, rust or change
appearance if left unpainted. A gate shall be provided so as to provide
an opening to the enclosure. This gate shall be so located as to prevent
the visual display of refuse from any adjacent parking area or street.
[Amended 12-22-1998 by Ord. No. 98-48]
(2)
The above-described fence shall be exempt from the
provisions of any Lacey Township ordinance regulating the height of
fences and requiring permits therefor.
(3)
No refuse area shall be located in any area considered
to be a front yard or in any area of a site which fronts on any street.
I.
Special regulations for planned development and industrial
zone development.
(1)
M-2, M-3 and M-6 Industrial Zones:
(a)
The land area of a tract on which the industry
is located may be used for required off-street parking, except those
portions thereof required for setback and those areas otherwise designated
on the site plan of the industrial building as reserved for planting,
screening or specified uses inconsistent with use as a parking area.
(b)
A developer of any industrial plant consisting
of more than one industry situated on a tract of land under one ownership
shall provide the same total off-street parking for the total of the
industries situated thereon as would otherwise be required were all
of the industrial buildings under single management. The developer
must therefore make complete and adequate provisions for off-street
parking for the tenants in his industrial development according to
the requirements of this section, and each leasehold area on which
a plant is situated in the industrial development shall provide the
necessary number of off-street parking spaces as though the plant
were under individual ownership.
(2)
Residential cluster development. All required off-street
parking shall be in garages, on driveways or on lots. Parking lots
shall be separated from streets by curbs and/or grass strips in accordance
with the requirements of this section so that no vehicle shall be
required to back directly onto a street from a parking lot.
(3)
Residential planned unit residential development (PRD) and planned residential retirement community (PRRC). Off-street parking areas shall be arranged so as to prevent through traffic to other parking areas. No more than 16 parking spaces in residential areas shall be permitted in a continuous row without being interrupted by approved landscaping. No more than 48 parking spaces shall be permitted without a safety-island divider of a type described hereinbefore in Subsection B of this section and of a minimum width of 10 feet. Off-street parking for all nonresidential uses shall be in accordance with the requirements of this section.
J.
Off-street loading and unloading requirements.
(1)
No on-the-street loading or unloading shall be permitted
in any industrial, commercial or office-commercial zone.
(2)
In all nonresidential uses, sufficient off-street
loading and unloading spaces shall be provided to adequately accommodate
such loading and unloading of vehicles as shall be necessary for the
services to and from the nonresidential use situated on the lands.
(3)
Minimum required off-street loading and unloading spaces for office, wholesale, warehouse, manufacturing, processing or repairing uses. The following schedule of minimum off-street loading and unloading spaces for the uses specified in this Subsection J(3) shall not be construed as eliminating any need for such additional spaces as may be required under the provisions of the foregoing Subsection J(2):
|
Gross Floor Area
(square feet)
|
Loading/Unloading Spaces Required
| |
|---|---|---|
|
Under 5,000
|
0
| |
|
5,001 to 25,000
|
1
| |
|
25,000 to 40,000
|
2
| |
|
40,000 to 60,000
|
3
| |
|
60,001 to 100,000
|
4
|
|
NOTE: The Planning Board may require a loading
berth for sites with gross floor areas of less than 5,000 square feet
under certain conditions.
|
(4)
Size and location. Each loading and unloading space
shall be not less than 12 feet in width and 35 feet in length and
shall have a minimum vertical clearance of 14 feet and may occupy
all or any part of a required yard.
(5)
Off-street loading and unloading spaces for separate
uses may be provided jointly if the total number of spaces so provided
is not less than the sum of the separate requirements for each use,
provided that all regulations governing the location of accessory
spaces in relation to the use served are adhered to and that no accessory
space or portion thereof shall serve as a required space for more
than one use.
K.
Additional parking and loading regulations.
(1)
Development and maintenance of parking and loading
and unloading areas. Every parcel of land hereafter used as a public
or private parking area for three or more vehicles or as a loading
or unloading area, including a commercial parking lot, shall be developed
and maintained in accordance with the following requirements:
(a)
Such area shall be screened on the side or sides which adjoin residential uses of land in accordance with the standards and regulations set forth in Chapter 335, Zoning, of this Code regarding buffer zones and screening strips.
(b)
Minimum distances and setbacks. No off-street
loading or unloading area, parking area for three or more vehicles
or part thereof shall be closer than 10 feet to any dwelling, school,
hospital or other institution for human care located on an adjoining
lot nor closer than two feet to any lot line.
(c)
Surfacing, paving and curbing.
[1]
All off-street parking areas for three or more
vehicles or loading and unloading shall be of a bituminous concrete
surface. For light duty, the surface shall consist of one-and-one-half-inch
bituminous concrete surface course, mix 1 to 5; on two-inch bituminous
stabilized base course, mix 1 to 2; on six-inch granular base course
of dense graded aggregate, soil aggregate designation 1 to 5 or an
approved equal. For heavy-duty, two-inch bituminous concrete surface
course is required, mix 1 to 5; on three-inch bituminous stabilized
base course, mix 1 to 2; on six-inch granular base course of dense
graded aggregate, soil aggregate designation 1 to 5 or an approved
equal. Pavement area subject to truck traffic, loading and delivery
areas, major site access drives or access and circulation aisles for
parking areas greater than 50 spaces shall be considered to require
heavy-duty classification. The actual classification of pavement areas
as either light- or heavy-duty shall be made by the Planning Board
and Planning Board Engineer during technical reviews. Unless specifically
waived by the Township Engineer, at the time of inspection a prime
coat of asphaltic cutback oil Type MC 70 or 250 shall be applied to
all base courses at a rate of 0.10 to 0.25 gallon per square yard.
The application shall be made not less than 12 hours in advance of
paving. All surfacing, base, subbase/subgrade and paving construction
methods and materials shall conform to the Standard Specifications
for Road and Bridge Construction - 1961, as amended by the most current
addenda or as modified herein or as otherwise directed by the Township
Engineer.
[Amended 12-22-1998 by Ord. No. 98-48]
[2]
Subgrade or subbase. All drives, parking areas
and other paved site areas subject to vehicular travel shall be constructed
on suitable subgrade or subbase. Where subbase or subgrade conditions
are wet, spongy or of such a nature that surfacing would be inadvisable
without first improving the subbase or subgrade to eliminate such
conditions, the treatment of subbases or subgrades shall be made in
the following manner: The area of unsuitable subgrade or subbase shall
be excavated to a depth that shall be a minimum of 12 inches below
the proposed top of subgrade or subbase elevation and backfilled with
suitable subgrade material conforming to the specifications of the
New Jersey Department of Transportation for upland embankment, Zone
3, and shall be placed in succeeding lifts not to exceed six inches
in depth, and each lift to be thoroughly compacted using compaction
methods and equipment as approved by the Township Engineer.
[3]
Curbing. All curbing shall be constructed of
cast-in-place Portland cement concrete, Class B, 3,500 pounds per
square inch twenty-eight-day compressive strength. All curbing, other
than curbing on all state highways, shall conform to the standard
detail of the New Jersey Department of Transportation for six-by-eight-by-eighteen-inch
vertical curb. The curb reveal above the finished pavement elevation
shall be six inches. All curbing placed along state highways shall
conform to the standards of the New Jersey Department of Transportation.
[4]
Driveway aprons. In all locations where a drive
entrance traverses a sidewalk, a driveway apron constructed of Portland
cement concrete of not less than six inches compacted thickness, reinforced
by six-by-six-by-ten-inch steel wire mesh. The apron shall extend
from the curbline at the street to the inside edge of the sidewalk.
(d)
Lighting. All parking and loading areas must
be adequately illuminated in accordance with standards of the Township
of Lacey. All lighting must be designed and installed so that glare
is reflected away from all streets and adjoining properties. All exterior
lighting must conform to the requirements set forth in the BOCA Code
regulations for energy use and all other applicable requirements of
the Township of Lacey.
(e)
Drainage. All off-street parking or loading and unloading areas shall be graded and drained so as to dispose of all surface water without detriment to adjoining properties. All on-site storm drainage systems must conform to the standards of the Township of Lacey as outlined in Chapter 297, Subdivision of Land, and Chapter 335, Zoning, of this Code and as amended. Within the Pinelands Area, the following standards shall apply only to the extent that they do not otherwise conflict with Chapter 335, Zoning.
[Amended 2-14-1991 by Ord. No. 5-91]
[1]
Method of calculations.
[a]
The determination of sizes of storm drainage
pipes, retention and detention basins and all other storm drainage
facilities to be used on site shall be determined by hydraulic computations,
copies of which shall be included with the site plan. The runoff calculation
must be based on the actual area of the site contributing to the storm
drainage structure or system. The runoff computations shall be determined
by the rational method and based on a ten-year frequency storm using
the Atlantic City Rainfall Intensity-Duration Curve.
[b]
Rainfall intensity curves. The following coefficients
of runoff shall be used in computing runoff volumes.
|
Surface
|
Coefficient C
| |
|---|---|---|
|
Grass
|
0.30
| |
|
Wooded areas
|
0.35
| |
|
Walks, stoned areas, gravelled areas
|
0.85
| |
|
Paved surfaces, roofs, drives and roads
|
1.00
|
[2]
All storm drainage systems shall be designed
on the basis of a ten-year design storm frequency based on the Atlantic
City Rainfall Intensity Curves.
[3]
Pipes and materials.
[a]
All storm drainage pipe shall be reinforced
concrete, Class III, Wall B, conforming to the latest standards of
ASTM C-76. In those areas where extremely heavy wheel loadings or
depth of cover problems exist, reinforced concrete Class IV, Wall
B, shall be used. All pipe joints shall be fully mortared. The minimum
inside pipe diameter shall be not less than 15 inches, and the minimum
velocity shall be two feet per second with the pipe flowing one-fourth
(1/4) full.
[b]
All materials and construction methods shall
conform to the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction - 1961, as amended by the latest
addenda, or as otherwise directed by the Township Engineer.
[4]
Drainage inlets and manholes.
[a]
All storm drainage inlets shall conform to the
standard detail of the New Jersey Department of Transportation for
Type B inlets. Should conditions warrant the use of inlets of configurations
other than the standard Type B, detailed drawings of all such inlets
shall be included on the site plan.
[b]
All manholes shall conform to the New Jersey
Department of Transportation standard configuration for Type A standard
drainage manholes. If alternate types of manholes are proposed, detail
drawings must also be provided on the site plan.
[5]
Detention and retention facilities must be designed
in accordance with the current standards of the New Jersey Department
of Environmental Protection, Bureau of Water Resources, and the United
States Soil Conservation Service, and as otherwise directed by the
Planning Board Engineer. All such facilities must be designed in a
manner that no adverse impact will result to lands downstream. All
design proposals must be accompanied by complete hydrologic and hydraulic
calculations supporting the sizing of the retention or detention facility,
inflow/outflow calculations and nomographs, an assessment of any impact
to lands downstream and complete design details as may be required
by the Planning Board Engineer.
(f)
Fire zones shall be provided in parking and
loading areas as required by the Board of Fire Commissioners or, if
there is no such Board, by the Planning Board. If there is such a
Board of Fire Commissioners and, in the opinion of either the Planning
Board or the Township Committee, it is necessary to establish fire
zones, then the Planning Board or Township Committee shall forward
a copy of any proposed site plan to the Board of Fire Commissioners
for its report and recommendations.
L.
Employee parking. No on-the-street parking for employees
shall be permitted in any industrial, commercial or office-commercial
zone.
M.
Minimum off-street parking spaces required for various
uses shall be as follows:
(1)
Automotive repair, garage and body shop: one parking
space for each 400 square feet of gross floor area.
(2)
Automobile sales: 1.5 parking spaces for each 1,000
square feet of gross floor area for exclusive use of customers. In
addition, there shall be provided at least 170 square feet of lot
area for each vehicle stored on the premises to be sold, rented or
otherwise used in the operation of the business. The lot area to be
used to compute the number of vehicles that can be stored on the premises
shall be the total lot area not used for building or customer parking
as herein provided.
(3)
Automotive service station: five parking spaces for
the first service bay and three parking spaces for each additional
service bay.
(4)
Banks, savings and loan associations and similar financial
institutions: one parking space for each 300 square feet of gross
floor area.
(5)
Bars, cocktail lounges, nightclubs, restaurants, cafes
and diners: one parking space for every three seats and one additional
parking space for each 400 square feet of gross floor area.
[Amended 12-9-1993 by Ord. No. 93-98]
(6)
Barber- and beauty shops: three parking spaces for
each chair.
(7)
Bowling alleys: 3.5 parking spaces for each alley.
Parking spaces for other commercial uses within the same building
shall be computed separately in accordance with this chapter.
(8)
Business offices: one parking space for each 200 square
feet of gross floor area.
(9)
Car washes: five parking spaces for employees, plus
off-street storage space equal to at least three times the number
of cars that can be in the wash process at one time. For self-wash
or self-service car washes, the requirement for employee parking shall
be eliminated.
(10)
Church, temple or chapel: one parking space
for each four seats in the main auditorium. Where no individual seats
are provided, 24 inches of bench shall be considered as one seat.
(11)
College or school, including academies, universities,
technical and art schools and similar institutions of learning: one
parking space for each four seats in the main auditorium, plus one
parking space for each administrator, teacher and any other employee.
(12)
Public or private junior high schools and elementary
schools: one parking space for each six seats in the main auditorium,
plus one parking space for each administrator, teacher and any other
employee.
(13)
Nursery schools, day camps and similar uses:
one space for every employee, one parking space for each vehicle used
to transport students and one additional space for each 500 feet of
gross floor area.
(14)
Community center, library, museum and art gallery:
one parking space for each 200 square feet of gross floor area.
(15)
Community club, private club and lodge: one
parking space for each 100 square feet of gross floor area, plus one
and one-half (1 1/2) spaces for each boat slip, where applicable.
(16)
Convalescent home, nursing home and rest home:
one parking space for each three beds, plus one parking space for
each two employees, including nurses and other staff.
(17)
Dental or medical offices: one parking space
for each employee, an additional one parking space for each examination
or treatment room and an additional parking space for each 250 square
feet of gross floor area.
(18)
Drive-in restaurant: one parking space for each
35 square feet of enclosed floor area, plus one parking space for
each four seats.
(19)
Driving range and miniature golf: one parking
space for each tee or hole.
(20)
Dwelling units, as follows:
(a)
Dwelling units: two parking spaces for each
dwelling unit.
(b)
Residential cluster development, planned unit
residential development (PRD) and planned residential retirement community
(PRRC): two parking spaces for each dwelling unit. One parking space
shall be within 100 feet, and the second shall be within 150 feet
of the dwelling unit which they are intended to serve. In addition,
there shall be provided off-street parking for guests at the rate
of two parking spaces for each five dwelling units. Parking spaces
for guests shall be located within 500 feet of the dwelling unit or
units which they are intended to serve. All required off-street parking,
whether for occupants or guests, shall be in garages, on driveways
or on lots. Parking lots shall be separated from streets in accordance
with all applicable provisions of this section, and in any event by
curbs and/or grass strips, so that no vehicle shall be required to
back directly onto a street from a parking lot.
(21)
Furniture, appliance stores or similar types
of uses requiring large amounts of storage: one parking space for
each 400 square feet of gross floor area up to 4,000, plus one parking
space for each 800 square feet of gross floor area above 4,000.
(22)
Government, county or municipal offices: four
parking spaces for each 1,000 square feet of gross floor area.
(23)
Hardware, automotive supply stores: one parking
space for each 400 square feet of gross floor area in the public areas
of the store.
(24)
Hospital (general, private or public, mental)
or sanatorium: one parking space for each one and one-half (1 1/2)
beds, plus one space for each employee on the shift having the greatest
number of employees, plus one space for each staff and visiting doctor.
(25)
Hotel or motel: one parking space for each rental
unit. Parking space for each commercial use within the building shall
be computed separately according to the requirements for such use
set forth herein. The Planning Board or Board having jurisdiction
may allow up to 30% of the required parking for commercial uses in
the hotel or motel to be satisfied by guest room parking.
(26)
Laundromats or similar coin-operated cleaning:
one parking space for each three cleaning units or fraction of three
cleaning units.
(27)
Manufacturing or industrial establishment, research
or testing laboratory or similar uses: one parking space for each
500 square feet of gross floor area or two parking spaces for each
three employees, whichever is greater. If the number of employees
or the gross square footage of the principal building(s) cannot be
determined at the time of application, then sufficient land area shall
be reserved to provide a total number of spaces at the rate of one
space for each 300 square feet of maximum lot coverage.
(28)
Marina, boatyard or boat sales: one and one-half
(1 1/2) parking spaces for each boat slip, plus one space for
each employee.
(30)
Mortuary or funeral home: one parking space
for every 50 square feet in slumber rooms, parlors and funeral service
rooms.
(31)
Personal service establishments: one parking
space for each 200 square feet of gross floor area, plus one space
for each vehicle used in connection with the business.
(32)
Professional office uses, such as architectural,
clerical, engineering, legal and similar uses: one parking space for
each 200 square feet of gross floor area.
(33)
Outdoor recreational facilities not specifically
enumerated: two parking spaces per acre for the first 20 acres, one
parking space per acre for the next 20 acres and one parking space
for each 10 acres in excess of 40 acres.
(34)
Public and private utilities, such as electrical
substation, gas regulator, waterworks, pumping station and similar
facilities: one parking space for each vehicle stored on the premises,
plus one parking space for each employee on the shift which has the
greatest number of employees.
(35)
Retail stores, except as otherwise specified:
one parking space for each 150 square feet of gross floor area.
(36)
Studio (art, music, dance) for the purpose of
giving instruction: one parking space for each 100 square feet of
floor area used for giving such instruction.
(37)
Shopping centers: 4.5 parking spaces for each
1,000 square feet of gross floor area. If more than 5% of the enclosed
gross floor area of any shopping center is occupied by malls, lobbies,
corridors, heating plants or other space not utilized for direct commercial
purposes, the Planning Board may allow the required parking to be
based on the gross leasable area, which, for the purposes of this
chapter, shall be defined as the total floor area designated for tenant
occupancy and exclusive use, including basements, mezzanines and upper
floors. This definition shall not, however, include offices, theaters
or similar nonretail occupancy.
(38)
Theater: one parking space for each three seats.
(39)
Veterinary or animal hospital: one parking space
for each 200 square feet of gross floor area, plus one parking space
for each staff veterinarian and employee.
(40)
Warehouse, wholesale, machinery or large-equipment
sales: one parking space for each 1,500 square feet of gross floor
area, plus one space for each vehicle used in connection with the
business.
(41)
Any drive-in theater: an off-street waiting
area between the street line and ticket booth sufficient to park 40
automobiles at one time.
(42)
The parking space required for a use not specifically
mentioned herein shall be the same as required for a use of similar
nature as determined by the Lacey Township Planning Board, based upon
that use enumerated herein which is most similar to the proposed use.
If there is no use enumerated herein having sufficient similarity
to the proposed use to enable the Planning Board to establish rational
parking requirements, the Planning Board may, in its discretion, direct
the applicant to furnish the Planning Board with such data as may
be necessary to enable the Planning Board to establish rational parking
requirements.
N.
Miscellaneous criteria for calculating the amount
of parking required. In computing the number of above-required parking
spaces, the following rules shall govern:
(1)
In reference to required parking spaces for dwelling
units, the first parking space provided within a garage shall count
only as one-half (1/2) space. All other parking spaces in garages,
on driveways and in parking lots shall count as a full space.
(2)
Where fractional spaces result, the required number
shall be construed to be the nearest whole number.
(3)
Nothing in the above requirements shall be construed
to prevent the joint use of off-street parking facilities by two or
more uses, provided that the total of such spaces shall not be less
than the sum of the requirements for various individual uses computed
separately by the above requirements.
(4)
Nothing contained in Subsection N(3) above shall be deemed to apply to the parking requirements established for shopping centers in the foregoing Subsection M(37) of this section, unless a use within any particular shopping center shall require parking facilities exceeding 75% of the parking spaces available within the shopping center as a whole.
(5)
If any one use within any particular shopping center
shall require parking in excess of 75% of the parking spaces available
in the shopping center as a whole, the overall number of parking spaces
required for said shopping center shall be increased by a number equal
to 60% of the number of parking spaces required for the use requiring
the highest number of parking spaces within said shopping center.
(6)
No part of off-street parking required for a structure
or use shall be included as part of an off-street parking requirement
for another use unless substantial proof and assurances are established
that the use of this parking will not be simultaneous.
(7)
Except as otherwise specified in this section, all
required parking facilities shall be located on the same lot or parcel
as the structure or use they shall serve. In the case of nonresidential
uses, parking facilities may be provided on other lots or parcels
but shall not be more than 300 feet from the structure or use they
shall serve.
(8)
Where special traffic problems exist, the Planning
Board may require a special survey of conditions at the applicant's
cost and require the location of entrances and exits in the parking
lot to be altered to minimize congestion and hazard.
[Added 12-22-1998 by Ord. No. 98-47[1]]
A.
Wherever any part of this chapter imposes a landscaping
or seeding requirement, natural vegetation may be substituted in all
areas where it exists and has attained a height of at least six feet.
The landscaping and seeding requirement shall still apply, however,
in all areas not so covered.
B.
In conjunction with commercial, industrial or professional
office uses, all areas of a lot not occupied by buildings, pavement
or other surfacing and other required improvements shall, except as
otherwise specifically provided, be landscaped by the planting of
grass and/or ground cover, shrubs and trees. Two shrubs and one tree
shall be provided for each 900 square feet of nonimproved area. Such
trees and shrubs shall be of a type approved by the Planning Board,
and trees shall have a minimum caliper of 1 1/2 inches at a height
of one foot. The placement of the plant material shall be appropriate
to enhancement of the property and in accordance with a landscape
plan approved by the Planning Board.
C.
All such landscaped or seeded areas shall be continuously
maintained by the owner of the land area which includes the landscaped
or seeded area. In the event that any plant material shall fail to
live, it shall be replaced as soon as practicable.
[Amended 12-18-1980 by Ord. No. 30-80; 7-11-1996 by Ord. No. 36-96]
For any and every violation of the provisions
of this chapter, the owner, developer, contractor, lessee, tenant
or any other person having an interest in any building or premises
where such violation has been committed or shall exist and who neglects
or refuses to abate such violation within five days after written
notice has been served upon him by personal service or by certified
mail shall, upon conviction thereof, be subject to a fine of not more
than $1,000, to imprisonment for a term of not more than 90 days and/or
to a period of community service of not more than 90 days, in the
discretion of the court before whom a conviction is had. Each and
every day that such violation continues after such notice shall be
considered a separate and specific violation of this chapter.
