Township of Lacey, NJ Article II Definitions; Interpretation of Boundaries

§ 335-3 Word usage and definitions.

A. Usage. Words used in the present tense include the future. The singular number includes the plural, and the plural, the singular. The word "building" includes the word "structure." The word "zone" includes the word "district," and the term "such as" introduces a typical construction rather than an entirely exclusive or individual design. The word "shall" is always mandatory.

B. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY USE or ACCESSORY BUILDING

[Amended 2-14-1991 by Ord. No. 5-91]

A subordinate use or building, the purpose of which is customarily incidental to that of the principal use or building and located on the same lot, whether such "accessory building" is attached to or detached from the principal building. Within the Pinelands Area, an "accessory use or building" shall mean a structure or use which:

(1) Is subordinate to and serves a principal building or a principal use, including but not limited to the production, harvesting and storage as well as washing, grading and packaging of unprocessed produce grown on site;

(2) Is subordinate in area, extent and purpose to the principal structure or principal building or a principal use served;

(3) Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and

[Amended 3-27-1997 by Ord. No. 97-14]

(4) Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.

[Amended 3-27-1997 by Ord. No. 97-14]

ADULT CABARET

A building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibiting of specific sexual activities or specified anatomical areas for observation by patrons therein.

[Added 12-22-2016 by Ord. No. 2016-17]

ADULT MEDIA

Magazines, books, videotapes, movies, slides, CD-ROMS, DVDs or other devices used to record images, or other medial that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to explicit sexual material.

[Added 12-22-2016 by Ord. No. 2016-17]

ADULT MEDIA STORE

An establishment that rents and/or sells adult media or explicit sexual material, and that advertises or holds itself out in any forum as "XXX," "adult," "sex," or otherwise as a sexually oriented business.

[Added 12-22-2016 by Ord. No. 2016-17]

ADULT MOTION-PICTURE THEATER

An establishment emphasizing or predominantly showing sexually oriented movies.

[Added 12-22-2016 by Ord. No. 2016-17]

AGRICULTURAL USE

Land which is devoted to the production for sale of plants and animals useful to man, including but not limited to forages and sod crops, grain and feed crops, dairy animals and dairy products, poultry and poultry products, livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and raising of any or all such animals, bees and apiary products, fur animals, trees and forest products, or land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.

[Added 9-18-1980 by Ord. No. 25-80]

ALTERATIONS

A change in the structural parts of an existing building; or an enlargement, whether by extension of a side or by increasing in height; or the moving from one location to another.

AMUSEMENT CENTER

A building where the public may enter, which building is operated solely as an amusement center and housing for four or more of any or all of the types of amusement games, machines or devices as described in this chapter under the definition of "game room" and such other amusement games, machines or devices in which the public may participate for a fee. Amusement centers do not include motion-picture theaters, bowling alleys, roller-skating rinks, ice-skating rinks, bookstores, massage parlors and the like.

[Added 7-24-1997 by Ord. No. 97-30]

APARTMENT

A dwelling unit in a building having two or more dwelling units, which dwelling units have common facilities, conveniences or services, such as entranceways, hallways, basements, attics, heating systems, plumbing or other similar shared facilities within the building.

[Added 9-18-1980 by Ord. No. 25-80]

ARCADE

A building where the public may enter, which building is operated solely as an arcade center and housing for four or more of any or all of the types of arcade games, machines or devices as described in this chapter under the definition of "game room" and such other arcade games, machines or devices in which the public may participate for a fee. Arcade centers do not include motion-picture theaters, bowling alleys, roller-skating rinks, ice-skating rinks, bookstores, massage parlors and the like.

[Added 7-24-1997 by Ord. No. 97-30]

ARTIFICIAL REGENERATION

The establishment of tree cover through direct or supplemental seeding or planting.

[Added 9-22-2011 by Ord. No. 2011-19]

ASSISTED LIVING CARE FACILITIES

A facility designed and operated for independent residential living and providing a coordinated array of supportive personal and health services to residents of said facility, available 24 hours per day. Residents in the assisted living care facilities shall be a minimum of 55 years of age or older.

[Added 3-12-1998 by Ord. No. 98-06]

AUTOMOBILE BODY SHOP

A building or portion of a building in which body work or refinishing work performed on motor vehicles is the principal purpose.

[Added 7-24-1997 by Ord. No. 97-30]

AUTOMOBILE REPAIR SHOP

See "motor vehicle repair garage."

[Added 7-24-1997 by Ord. No. 97-30]

AUTOMOBILE SERVICE STATION

See "motor vehicle service station."

[Added 7-24-1997 by Ord. No. 97-30]

BASEMENT

That portion of a building partly underground, having more than 1/2 of its height above ground.

[Amended 12-22-1998 by Ord. No. 98-49]

BED-AND-BREAKFAST

A private single-family residence that is year-round owner occupied, which provides overnight lodging as a subordinate use and provides breakfast only for registered guests and their visitors before 12:00 noon each day and containing not more than eight sleeping rooms for guest use.

[Added 7-24-1997 by Ord. No. 97-30]

BEDDING

A silvicultural practice involving the preparation of land before planting in the form of small mounds so as to concentrate topsoil and elevate the root zone of seedlings above temporary standing water.

[Added 9-22-2011 by Ord. No. 2011-19]

BOATYARD

Any waterfront facility wherein docking accommodations and dryland storage accommodations for any watercraft, such as powerboats, sailboats or rowboats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A "boatyard" shall, unless otherwise provided, be deemed to include all auxiliary and accessory services, such as chandlery, gasoline sales and rental business activities related to the primary use.

BROADCAST SCARIFICATION

A silvicultural practice involving the dragging of cut trees or other objects across a parcel to remove or reduce aboveground shrub cover, debris, leaf litter and humus without disturbance to mineral soil horizons and associated roots.

[Added 9-22-2011 by Ord. No. 2011-19]

BUILDABLE AREA

That portion of any lot lying within front, rear and side setback lines.

BUILDING

Any structure, either temporary or permanent, enclosed with exterior walls or fire walls and built, erected and framed of component structural parts designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind. When used herein, "building" and "structure" shall be interchangeable, except where the context clearly indicates otherwise.

[Amended 9-18-1980 by Ord. No. 25-80; 2-14-1991 by Ord. No. 5-91]

BUILDING HEIGHT, ACCESSORY

The vertical distance of a building measured from the average grade on all sides to the highest point of any roof.

[Amended 7-27-2006 by Ord. No. 2006-38; 2-9-2012 by Ord. No. 2012-06]

BUILDING HEIGHT, PRINCIPAL

The vertical distance of a building measured from the average crown of the road at the front of house to the highest point of the roof in the case of a flat roof, to the deckline of a mansard roof and to the mean height of the roof above the highest habitable area for a gable, hip or gambrel roof.

[Amended 7-27-2006 by Ord. No. 2006-38]

BUILDING LINE

A line formed by the vertical projection to the ground of the exterior surface of the building on any side. In the case of a cantilevered section of a building, the vertical projection will coincide with the surface nearest the property line. All yards are measured between the property line and the building line nearest that property line.

BUILDING, PRINCIPAL

A building within which is conducted the main or principal use of the lot on which said building is situated, and for residential uses, a building that is in compliance with the heating requirements of the BOCA National Property Maintenance Code as adopted by Lacey Township.

[Amended 12-22-1998 by Ord. No. 98-49]

CHILD-CARE CENTER

[Added 7-24-1997 by Ord. No. 97-30]

Any facility which is maintained for the care, development or supervision of six or more children who attend the facility for less than 24 hours a day. In the case of a center operating in a sponsor's home, children who reside in the home shall not be included when counting the number of children being served. This term shall include, but shall not be limited to, day-care centers, drop-in centers, nighttime centers, recreation centers sponsored and operated by a county or municipal government recreation or park department or agency, day nurseries, nursery and play schools, cooperative child centers, centers for children with special needs, centers serving sick children, infant-toddler programs, school age child-care programs, employer supported centers, centers that had been licensed by the Department of Human Services prior to the enactment of the Child Care Center Licensing Act, P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.) and kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth, seventh or eighth. This term shall not include:

(1) A program operated by a private school which is run solely for educational purposes. This exclusion shall include kindergartens, prekindergarten programs or child-care centers that are an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth, seventh or eighth.

(2) Centers or special classes operated primarily for religious instruction or for the temporary care of children while persons responsible for such children are attending religious services.

(3) A program of specialized activity or instruction for children that is not designed or intended for child-care purposes, including but not limited to Boy Scouts, Girl Scouts, 4-H Clubs and Junior Achievement and single activity programs such as athletics, gymnastics, hobbies, art, music and dance and craft instruction, which are supervised by an adult, agency or institution.

(4) Youth camps required to be licensed under the New Jersey Youth Camp Safety Act, P.L. 1973, c. 375 (N.J.S.A. 26:12-1 et seq.). To qualify for an exemption from licensing under this provision, a program must have a valid and current license as a youth camp issued by the Department of Health. A youth camp sponsor who also operates a child-care center shall secure a license from the Department of Human Services for the center.

(5) Day training centers operated by or under contract with the Division of Developmental Disabilities within the Department of Human Services.

(6) Programs operated by the Board of Education of the local public school district that is responsible for their implementation and management.

(7) A program such as that located in a bowling alley, health spa or other facility in which each child attends for a limited time period while the parent is present and using the facility.

(8) A child-care program operating within a geographical area, enclave or facility that is owned or operated by the federal government.

(9) A family day-care home that is registered pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.).

(10) Privately operated infant and preschool programs that are approved by the Department of Education to provide services exclusively to local school districts for handicapped children pursuant to N.J.S.A. 18A:46-1 et seq.

CLEAR-CUTTING

A silvicultural practice involving removal of an entire forest stand in one cutting for purposes of regeneration, either obtained artificially, by natural seed or from advanced regeneration. Clear-cutting typically results in the removal of all woody vegetation from a parcel in preparation for the establishment of new trees; however, some trees may be left on the parcel.

[Added 9-22-2011 by Ord. No. 2011-19]

CLUSTER DEVELOPMENT

A development of single-family detached dwellings which will preserve desirable open spaces, conserve floodplains and provide recreational parks and lands for purposes compatible with the residential uses by the reduction of lot sizes and by use of certain other regulations.

COPPICING

A silvicultural practice involving the production of forest stands from vegetative sprouting by the trees that are harvested (stump sprouts, root suckers, and naturally rooted layers). Coppicing typically involves short rotations with dense stands of short trees.

[Added 9-22-2011 by Ord. No. 2011-19]

DISKING

A silvicultural practice involving the drawing of one or more heavy, round, concave, sharpened, freely rotating steel disks across a site for the purposes of cutting through soil and roots or cutting and turning a furrow over an area.

[Added 9-22-2011 by Ord. No. 2011-19]

DRUM-CHOPPING

A silvicultural practice involving the drawing of a large cylindrical drum with cutting blades mounted parallel to its axis across a site to break up slash, crush scrubby vegetation prior to burning or planting or to chop up and disturb the organic turf and roots in the upper foot of soil.

[Added 9-22-2011 by Ord. No. 2011-19]

DWELLING, ATTACHED

One dwelling unit in a line of two or more attached dwelling units, with each dwelling unit from ground to roof and having individual outside access.

[Added 9-18-1980 by Ord. No. 25-80; amended 7-27-2000 by Ord. No. 00-40]

DWELLING, MULTIPLE

A building containing more than two dwelling units.

[Added 9-18-1980 by Ord. No. 25-80]

DWELLING, ONE-FAMILY

A building containing one dwelling unit.

[Added 6-8-1995 by Ord. No. 95-23]

DWELLING, QUADRAPLEX

A building containing four dwelling units, with each dwelling unit having its own individual outside access.

[Added 7-27-2000 by Ord. No. 00-40]

DWELLING, SINGLE-FAMILY

A detached building containing one dwelling unit.

[Added 9-18-1980 by Ord. No. 25-80]

DWELLING, TWO-FAMILY

A building containing two dwelling units.

[Added 9-18-1980 by Ord. No. 25-80; amended 6-8-1995 by Ord. No. 95-23]

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

[Amended 6-8-1995 by Ord. No. 95-23]

EFFICIENCY UNIT

A dwelling unit consisting of a kitchen, bathroom and combined living room/sleeping room area with no separate bedrooms.

[Added 9-18-1980 by Ord. No. 25-80]

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance by a public utility or municipal agency of transmission, distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.

FAMILY

One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit who are living together as a stable and permanent living unit, being a traditional family unit or the functional equivalency thereof.

[Added 12-22-1998 by Ord. No. 98-49]

FAMILY DAY-CARE HOME

[Added 7-24-1997 by Ord. No. 97-30]

Any private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care in which child care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:

(1) The child being cared for is legally related to the provider; or

(2) The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.

FAMILY, SINGLE

A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit. For purposes of this chapter, "family" does not include any society, club, fraternity, sorority, association, lodge, federation, or like organizations; or any group of individuals who are in a group living arrangement as a result of criminal offenses.

[Amended 2-9-2012 by Ord. No. 2012-06]

FARMING

Agricultural activity or the raising of livestock, poultry or other animals, for gain, conducted on a plot of not less than six acres of land.

FENCE

See-through and solid fences and walls composed of nonliving materials.

[Added 9-10-1980 by Ord. No. 25-80; amended 10-25-1984 by Ord. No. 57-84]

FLOOD FRINGE

That portion of the flood hazard area outside of the floodway.

[Added 9-18-1980 by Ord. No. 25-80]

FLOOD HAZARD AREA

The floodway and any additional portions of the floodplain, the improper development and general use of which would constitute a threat to the safety, health and general welfare. This shall constitute the total area inundated by the flood hazard design flood.

[Added 9-18-1980 by Ord. No. 25-80]

FLOODPLAIN

The relatively flat area adjoining the channel of a natural stream, which area has been or may be hereafter covered by floodwater. Natural streams include both tidal and nontidal streams.

[Added 9-18-1980 by Ord. No. 25-80]

FLOODWAY

The channel of a natural stream and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream. This shall constitute the portions of the floodplain needed for the passage of the floodway design flood without an appreciable rise in the water surface profile.

[Added 9-18-1980 by Ord. No. 25-80][1]

FLOOR AREA RATIO

The total enclosed floor area of a building divided by the total gross area of the property.

FORESTRY

The planting, cultivating and harvesting of trees for the production of wood products, including firewood, or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clear-cutting, coppicing, disking, drum-chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:

[Added 9-22-2011 by Ord. No. 2011-19]

(1) Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;

(2) Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;

(3) Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;

(4) Removal of trees necessary for the maintenance of utility or public rights-of-way;

(5) Removal or planting of trees for the personal use of the parcel owner; and

(6) Removal of trees for public safety.

FOREST STAND

A uniform group of trees of similar species, composition, size, age and similar forest structure.

[Added 9-22-2011 by Ord. No. 2011-19]

GAME ROOM

A place or room within an existing building where the public may enter, wherein there are located four or more amusement games, machines or devices of the type commonly known and designated as "pinball," "console cathode ray tube game machines," "electronic or video game machines," "electric crane," "bagatelle," "baseball" and any other game, machine or device similar to the above operated by the use of coins or tokens and for the purpose of amusement or entertainment of the user.

[Added 7-24-1997 by Ord. No. 97-30]

GARAGE, PRIVATE

A building intended for or used as storage for the motor vehicles of the families resident upon the premises.

[Added 9-18-1980 by Ord. No. 25-80]

GARAGE, PUBLIC

A garage conducted as a business. The rental of storage space for more than two motor vehicles not owned on the premises shall be deemed a public garage.

[Added 9-18-1990 by Ord. No. 25-80; amended 7-24-1997 by Ord. No. 97-30]

GARDEN APARTMENT

A building containing three or more apartments, such building having a maximum height of three stories (with a maximum of 45 feet in height.)

[Added 9-18-1980 by Ord. No. 25-80; amended 7-27-2000 by Ord. No. 00-40]

GENERAL DEVELOPMENT PLAN

A plan outlining general, rather than detailed, development intentions in accordance with N.J.S.A. 40:55D-45.1. It describes the basic parameters of major development proposal, rather than giving full engineering details. As such, it allows general intentions to be proposed and discussed without the extensive costs involved in submitting a detailed proposal. The general development plan allows the Planning Board to grant approval to provide the increased flexibility desirable to promote mutual agreement between the applicant and the Planning Board on the basic scheme of a planned development and setting forth any variations from the ordinary standards for preliminary or final approval and as permitted by N.J.S.A. 40:55D-39c.

[Added 7-27-2000 by Ord. No. 00-40]

GAS STATION

See "motor vehicle service station."

[Added 7-24-1997 by Ord. No. 97-30]

GOLF COURSE

An area of 75 or more acres containing at least nine holes, together with the necessary and usual accessory uses and structures, such as, but not limited to, clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation of the facilities is incidental and subordinated to the operation of the golf course.

[Added 9-18-1980 by Ord. No. 25-80]

GROSS DENSITY

The total number of dwelling units divided by the total horizontal area included within the lot lines, expressed in terms of dwelling units per acre.

[Added 7-27-2000 by Ord. No. 00-40]

GROSS FLOOR AREA

The total enclosed floor area of a building.

[Amended 12-22-1998 by Ord. No. 98-49]

GROUP SELECTION

A silvicultural practice whereby a group of trees is periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.

[Added 9-22-2011 by Ord. No. 2011-19]

HABITABLE FLOOR AREA

That livable area enclosed by the exterior foundation walls, excluding garages, open porches, porticoes, patios, breezeways and other similar attachments.

[2]

HORTICULTURAL USE

Land which is devoted to the production for sale of fruits of all kinds, including grapes, nuts and berries, vegetables and nursery, floral, ornamental and greenhouse products or devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.

[Added 9-18-1980 by Ord. No. 25-80]

HOSPITAL

An institution where the sick or injured receive medical or surgical care.

[Added 9-18-1980 by Ord. No. 25-80]

HOTEL/MOTEL

Any building containing six or more guest rooms, intended or designed to be occupied, or which are rented or hired out to be occupied, for sleeping purposes by guests.

[Amended 6-8-1995 by Ord. No. 95-23]

IMPERMEABLE SURFACE

Any surface which does not permit fluids to pass through or penetrate its pores or spaces, typically having a maximum permeability for water of 10^-7 cm/second at the maximum anticipated hydrostatic pressure. The term "impermeable" is equivalent in meaning.

[Added 9-22-2011 by Ord. No. 2011-19]

IMPERVIOUS LOT COVERAGE

The total area within the building line, including any accessory and appurtenant structures on a lot, plus the area of all other impervious surfaces divided by the lot area.

[Added 3-26-1992 by Ord. No. 92-18]

IMPERVIOUS SURFACE

Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater, directly into the ground and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as "impervious" in Urban Areas by the United States Department of Agriculture, Natural Resources Conservation Service, Title 210, Engineering, 210-3-1, Small Watershed Hydrology (WINTR-55), Version 1.0. Such surfaces may have varying degrees of permeability.

[Added 3-26-1992 by Ord. No. 92-18; amended 9-22-2011 by Ord. No. 2011-19]

INDEPENDENT LIVING FACILITIES

A facility designed and operated for independent residential living and providing a coordinated array of supportive personal and health services to residents of said facility. Residents in the independent living care facilities shall be a minimum of 55 years of age or older.

[Added 7-27-2000 by Ord. No. 00-40]

INDIVIDUAL SELECTION

A silvicultural practice whereby single trees are periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.

[Added 9-22-2011 by Ord. No. 2011-19]

INDUSTRIAL OR OFFICE PARK

A total tract comprehensively planned, designed and approved for industrial or office uses, whether or not the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots are set forth on a plan for the entire tract prior to construction of any portion of the tract. As development takes place in accordance with the approved plans, changes may be made in the plans for the undeveloped section to accommodate subsequent land needs in the undeveloped sections, provided that the modifications conform to logical extension of installed segments of streets, drainage, utilities or other facilities.

[Added 9-18-1980 by Ord. No. 25-80]

JUNKYARD

An area used for the storage of abandoned motor vehicles or parts thereof or other scrap materials, or for the dismantling or demolition of automobiles or other vehicles, or for the buying, selling, storing or trading of discarded metal, glass, paper, cordage or other fixtures.

LOT

A piece, parcel or plot of land occupied or designed to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are arranged and designed to be used in connection with such buildings.

LOT AREA

The total horizontal area included within the lot lines, expressed in terms of square feet. Any portion of a lot included in a street right-of-way shall not be included in calculating the lot area.

LOT DEPTH

The shortest perpendicular distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line, which shall be not less than 10 feet in length measured between its intersections with the side lot lines.

LOT FRONTAGE

That portion of a lot extending along a street line.

LOT WIDTH

The horizontal lot distance between the side lot lines, measured at right angles to the lot depth. Required lot width shall be measured at the building setback line or a line parallel to the front property line that is beyond the setback line and meets the required width for the zone, which line shall become the minimum front setback line.

[Amended 12-22-1998 by Ord. No. 98-49]

MANUFACTURING

The fabrication, assembly or processing of goods or materials, or the storage of bulk goods, where such activities create no hazard from fire or explosion and produce no toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise or vibration, glare, flashes, or objectionable effluent.

MARINA

Any waterfront facility where berthing spaces for any and all watercraft or boats are offered for rental by the operator. A marina shall be deemed to include automobile parking facilities; sanitary facilities; motor fuel sales; and boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats. For the purpose of this chapter, the rental of one or more berthing spaces to other than the residents of the property contiguous to the same shall be deemed to constitute a marina, and the same shall conform to all provisions of this chapter pertaining to marinas.

MEDICAL CANNABIS DISPENSARY

Medical cannabis dispensary means an organization issued a permit by the Cannabis Regulatory Commission that authorizes the organization to purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver consistent with the requirements of Subsection i of Section 27 of P.L. 2019, c. 153 (N.J.S.A. 24:61-20); and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers. A medical cannabis dispensary shall not cultivate medical cannabis, or produce, manufacture, or otherwise create medical cannabis products.

[Added 5-13-2021 by Ord. No. 2021-12]

MINING

An extractive process involving the removal of soil, earth, sand, clay, gravel, humus, peat or other organic and mineral materials. In the Pinelands Area, see the definition of "resource extraction."[3]

[Added 9-18-1980 by Ord. No. 25-80; amended 2-14-1991 by Ord. No. 5-91]

MOBILE HOME

A dwelling unit manufactured in one or more sections, designed for long-term occupancy, containing living and sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems, and designed to be transported on its own wheels after fabrication or on a flat bed or on other trailers, arriving at the site where it is to be occupied as a complete dwelling, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations. For purposes of this chapter, travel trailers and campers are not considered mobile homes.

[Added 9-18-1980 by Ord. No. 25-80]

MOBILE HOME PARK

Any plot of ground upon which two or more mobile homes used for dwelling or sleeping purposes are located.

[Added 9-18-1980 by Ord. No. 25-80]

MOBILE HOME SPACE

A plot of ground within a mobile home park designed for the accommodation of one mobile home. A mobile home space shall be measured using plot width, which shall be the perpendicular distance between side plot lines, and plot depth, which shall be the actual distance along the side plot line and need not be perpendicular to the street.

[Added 9-18-1980 by Ord. No. 25-80]

MOTOR VEHICLE REPAIR GARAGE

A building or portion of a building in which the maintenance, overhauling or replacement of automobile parts is conducted as a business for profit. Such use shall not include any auto body refinishing of any nature. The term "motor vehicle repair garage" shall include "automobile repair shop."

[Added 7-24-1997 by Ord. No. 97-30]

MOTOR VEHICLE SERVICE STATION

Any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories.

[Added 7-24-1997 by Ord. No. 97-30]

MULTIPLE COMMERCIAL STRUCTURE

An integral commercial building complex, including less than eight occupants serving the needs of a neighborhood or regional area, with a planned integrated development embracing building, off-site parking areas, pedestrianways and plazas, landscaping, lighting and the like.

[Added 7-24-1997 by Ord. No. 97-30]

NATURAL REGENERATION

The establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.

[Added 9-22-2011 by Ord. No. 2011-19]

NET DENSITY

The total number of dwelling units divided by the total horizontal area included within a portion of the site to be utilized for a specific use when developed as a part of a planned unit residential development (PURD), expressed in terms of dwelling units per acre.

[Added 7-27-2000 by Ord. No. 00-40]

NONCONFORMING BUILDING or NONCONFORMING STRUCTURE

A building or structure which in its design or location upon the lot does not conform to the regulations of this chapter for the zone in which it is located.

NONCONFORMING LOT

A lot of record existing at the date of the passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.

NONCONFORMING USE

Use of a building or of land that does not conform to the regulations for the zone in which it is located.

NURSING HOME

Any building in which more than one room or an area exceeding 400 square feet is used for the accommodation of the aged or sick who are residents therein, excluding members of the resident family.

OCCUPANT

Any person living or sleeping in a building or having possession of a space within a building.

[Added 6-8-1995 by Ord. No. 95-23]

OFFICE

A place for transaction of business where reports are prepared, records kept or services rendered, but where no manufacturing, assembling or fabricating takes place.

[Added 9-18-1980 by Ord. No. 25-80]

OPERATOR

Any person who has charge, care or control of a structure or premises within a building.

[Added 6-8-1995 by Ord. No. 95-23]

OWNER

Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

[Added 6-8-1995 by Ord. No. 95-23]

PARKING AREA

An open area, other than street or other public way, used for the parking of automobiles and available to the public, whether for a fee or as an accommodation for clients or customers.

[Added 9-18-1980 by Ord. No. 25-80]

PARKING SPACE

An area either within a structure or in the open for the parking of motor vehicles. The area of a parking space is intended to be of sufficient area to accommodate the exterior extremities of the vehicle, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other and shall be as required by the provisions of this chapter, regardless of the angle of the parking space to the access aisle or driveway.

[Amended 9-18-1980 by Ord. No. 25-80]

PERMEABILITY

The rate at which water moves through a unit area of soil, rock, or other material at a hydraulic gradient of one.

[Added 9-22-2011 by Ord. No. 2011-19]

PERMITTED USE

Any use of land or buildings as permitted by this chapter.

[Added 9-18-1980 by Ord. No. 25-80]

PERSON

An individual, corporation, partnership or any other group acting as a unit.

[Added 6-8-1995 by Ord. No. 95-23]

PINELANDS NATIVE FOREST TYPE

See N.J.A.C. 7:50-6.43.

[Added 9-22-2011 by Ord. No. 2011-19]

PLANNED RESIDENTIAL RETIREMENT COMMUNITY (PRRC)

An area of land or development containing dwellings; recreational, cultural and medical facilities; and services for the benefit of permanent residents who are in their late adult years.

PLANNED UNIT RESIDENTIAL DEVELOPMENT (PRD)

An integrated community providing various single-family, multifamily, commercial and recreational uses coordinated with common open space.

PLOT PLAN

A plan of a lot or subdivision on which is shown topography; location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings; and any other information deemed necessary by the Board of Adjustment or Planning Board in unusual or special cases.

PRINCIPAL USE

The main purpose for which any lot, building or structure is used.

[Added 9-18-1980 by Ord. No. 25-80]

PRIVATE SCHOOL

An institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.

[Added 9-18-1980 by Ord. No. 25-80]

PROFESSIONAL OFFICE

The office of a member of a recognized profession, which shall include only the offices of doctors or physicians, dentists, optometrists, chiropractors, architects, landscape architects, professional engineers, land surveyors, lawyers, real estate brokers and such other similar professional occupations by virtue of the need for similar training and experience and the issuance of a state license for regulation, shall be permitted in residential zones as a conditional use. When such office is combined with a residence, the office shall be the individual office of one member and one member only, without associations or partners, and with office personnel limited to not more than two persons. The area of said office shall not exceed 50% of the total floor area of the residence and shall in no way alter the character of the building's appearance from residential to commercial nor adversely affect the safe and comfortable enjoyment of property rights in the zone.

[Amended 4-27-1995 by Ord. No. 95-16]

PROHIBITED USE

That use which is not specifically allowed or permitted, or allowed upon obtaining a conditional use permit from the Lacey Township Planning Board, in reference to a particular zone or zones and for which a special reasons variance under N.J.S.A. 40:55D-70d would be necessary in order to provide that use in that particular zone or those particular zones.

RECYCLABLE MATERIALS

Materials which would otherwise become nonhazardous solid waste which can be separated, collected, processed and returned to the economic mainstream in the form of raw materials or products.

[Added 12-26-1996 by Ord. No. 96-63]

RECYCLING FACILITY

A facility designed and operated solely for receiving, storing, processing and transferring source-separated, nonputrescible or source-separated commingled nonputrescible metal, glass, paper, plastic containers and corrugated and other cardboard or other recyclable materials approved by the New Jersey Department of Environmental Protection.

[Added 12-26-1996 by Ord. No. 96-63]

RESIDENTIAL RETIREMENT CLUSTER DEVELOPMENT (RRCD)

A development of single-family detached dwellings which will preserve desirable open spaces, conserve floodplains and provide recreational parks and lands for purposes compatible with the residential uses by the reduction of lot sizes and by the use of certain other regulations. Ownership and occupancy of each lot in the residential retirement cluster development shall be restricted through deed covenants, homeowners' agreements and the public offering statement to persons 45 years of age or older, except in a case where a lot is owned or occupied by a husband and wife. In such instance, only one of the spouses need be 45 years of age or older. Such development further restricts and prohibits the occupancy of any lot in the development by any child under the age of 19. Each unit consists of either a one-bedroom or two-bedroom unit.

[Added 12-16-1982 by Ord. No. 37-82]

RESOURCE MANAGEMENT SYSTEM PLAN

A plan, prepared in accordance with the United States Department of Agriculture, Natural Resources Conservation Service, New Jersey Field Office, Technical Guide, dated June 2005. Such plans shall prescribe needed land treatment and related conservation and natural resources management measures, including forest management practices, for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of non-point-source pollution and establish criteria for resource sustainability of soil, water, air, plants and animals.

[Added 9-22-2011 by Ord. No. 2011-19]

ROOMING HOUSE

A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one-family dwelling or a two-family dwelling.

[Added 6-8-1995 by Ord. No. 95-23]

ROOMING UNIT

Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

[Added 6-8-1995 by Ord. No. 95-23]

ROOT RAKING

A silvicultural practice involving the drawing of a set of tines, mounted on the front or trailed behind a tractor, over an area to thoroughly disturb tree and vegetation roots and/or to collect stumps and slash.

[Added 9-22-2011 by Ord. No. 2011-19]

SCREEN

Any arrangement of trees, plants, bushes or other plantings, whether used as a hedge or other obstruction of vision, composed of living materials.

[Added 10-25-1984 by Ord. No. 57-84]

SEED TREE CUT

A silvicultural practice involving the removal of old forest stand in one cutting, except for a small number of trees left singly, in small groups or narrow strips, as a source of seed for natural regeneration.

[Added 9-22-2011 by Ord. No. 2011-19]

SEE-THROUGH FENCE

Including but not limited to chain-link, post and rail or picket fences. In all cases, a see-through fence shall not be more than 50% solid, and any single solid component shall not exceed four inches.

[Added 10-25-1984 by Ord. No. 57-84; amended 3-24-1994 by Ord. No. 94-15]

SENIOR CITIZEN COMMUNITY RESOURCE CENTER

A facility primarily engaged in the provision of social and personal care for the aged, including but not limited to day care, outpatient physical therapy, education and support services. Community resource centers shall not be residential facilities; however, a residential care facility may be permitted to be located within an assisted living care facility or nursing home.

[Added 3-12-1998 by Ord. No. 98-06]

SETBACK LINE

A line within any lot, usually parallel to the property line, marking the minimum required front, rear or side yard space within which no building or portion thereof may be erected, except as provided in this chapter.

[Amended 12-9-1993 by Ord. No. 93-100]

SEX SHOP

An establishment offering goods for sale or rent in any two of the following categories:

[Added 12-22-2016 by Ord. No. 2016-17]

(1) Adult media;

(2) Lingerie;

(3) Sexually oriented toys or novelties.

SEXUALLY ORIENTED BUSINESS

An inclusive term used to describe collectively: adult cabaret, adult media store, adult motion-picture theatre, video arcade and/or sex shop.

[Added 12-22-2016 by Ord. No. 2016-17]

SEXUALLY ORIENTED TOYS OR NOVELTIES

Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

[Added 12-22-2016 by Ord. No. 2016-17]

SHELTERWOOD CUT

A silvicultural practice involving the establishment of a new, essentially even-aged forest stand from release, typically in a series of cuttings, of new trees started under the old forest stand. A shelterwood cut involves the establishment of the new forest stand before the old forest stand is removed.

[Added 9-22-2011 by Ord. No. 2011-19]

SHOPPING CENTER

An integral commercial building complex, including eight or more occupants, serving the needs of a neighborhood or regional area, with a planned integrated development embracing building, off-site parking areas, pedestrianways and plazas, landscaping, lighting and the like.

[Amended 7-24-1997 by Ord. No. 97-30]

SIGHT TRIANGLE

A triangular area abutting two intersecting streets where vision is unobstructed, which area is formed by the intersecting street side lines and a line connecting a point on each side at a set distance from the intersection.

[Added 9-18-1980 by Ord. No. 25-80]

SIGN

Any device, structure or object for visual communication, whether or not constituting a structure in and of itself, that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group.

SIGN AREA

The area defined by the frame or edge of a sign. Where there is no frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides), geometric shape which most closely outlines said sign.

SIGN, COMMERCIAL

Any sign which is owned or operated by any person, firm or corporation engaged in the business of outdoor advertising for direct profit gained from the rental of such signs or any sign advertising a commodity not sold or produced on the premises. This shall include billboards and off-premises signs indicating the direction to a particular place.

SIGN, ENTERPRISE IDENTIFICATION

Any structure used to identify, describe or advertise the product or activity being pursued by an industrial or business enterprise and which is displayed upon the lot occupied by such enterprise for the purpose of notifying the public as to the location and type of activity in which it is engaged.

[Amended 2-11-1993 by Ord. No. 93-12][4]

STORAGE STRUCTURE

Any container with or without wheels, storage unit, shed-like container or other portable structure that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.

[Added 10-23-2008 by Ord. No. 2008-30]

STREET

A public or private right-of-way which affords the principal means of access to the abutting property and is depicted on the official Tax Maps of the Township of Lacey as an avenue, place, way, drive, lane, boulevard, highway, road, street and any other thoroughfare except an alley; or as defined in the Municipal Land Use Law.[5]

[Amended 12-22-1998 by Ord. No. 98-49]

STREET LINE

The dividing line between a lot and the street right-of-way contiguous thereto, whether such right-of-way is existing or contemplated.

STRUCTURE

Any combination of materials to form a construction for occupancy, use or ornamentation having a fixed location, whether installed on, above or below the surface of a parcel of land or attached to something having a fixed location on, above or below the surface of the land, provided that the word "structure" shall be construed when used herein as though followed by the words "or part or parts thereof and all equipment therein," unless the context clearly requires a different meaning.

[Amended 9-18-1980 by Ord. No. 25-80; 2-14-1991 by Ord. No. 5-91]

SWIMMING POOL

Facilities constructed above or below the ground, having a depth of more than two feet or a water surface of 100 square feet or more, or both, and designed and maintained for swimming purposes. Swimming pools shall include all buildings, structures, equipment and appurtenances thereto.

[Added 9-18-1980 by Ord. No. 25-80]

THINNING

A silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.

[Added 9-22-2011 by Ord. No. 2011-19]

TOWNHOUSE

One dwelling unit in a line of three or more dwelling units, with each dwelling unit from ground to roof and having individual outside access and no interior facilities, conveniences or services shared with other dwelling units within the building.

[Added 9-18-1980 by Ord. No. 25-80]

TRACT

An area of land comprised of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use intended. The original land area may be divided by existing streets and still be considered one tract, provided that the frontages on both sides of the street are opposite one another for sufficient distance to enable a convenient, safe street system from one side to the other. The land area of the existing streets shall not be included in calculating the area of the tract.

[Added 9-18-1980 by Ord. No. 25-80]

TRAVEL TRAILER

A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation, vacation and other short-term uses or as a temporary office facility and which may contain cooking, sleeping, sanitary and general living facilities.

[Added 9-18-1980 by Ord. No. 25-80]

TRUCK TERMINAL

Any building, premises or land in which or upon which a principal business, operation or industry involves the storage and maintenance of trucks or which is used solely for the purposes of transferring material goods from one truck to another while such transition goods are en route from their origin to their destination.

[Added 9-18-1980 by Ord. No. 25-80]

USE

The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.

UTILITY

Services provided to a use, including but not limited to sewage treatment, water supply, gas, electric, telephone and cable television.

[Added 9-18-1980 by Ord. No. 25-80]

WAREHOUSING

Any building, premises or land in which or upon which the principal business, operation or industry involves the storage of goods and materials.

[Added 9-18-1980 by Ord. No. 25-80]

WETLANDS MANAGEMENT

The establishment of a characteristic wetland or the removal of exotic species or phragmites from a wetland in accordance with the standards of N.J.A.C. 7:50-6.10. For purposes of this definition, "exotic species" are those that are not indigenous to North America.

[Added 9-22-2011 by Ord. No. 2011-19]

WHOLESALING

Any building, premises or land in which or upon which the principal business, operation or industry involves any handling of goods in comparatively large quantities and reselling them, usually in smaller quantities, to others, but never to the ultimate customer of an individual unit.

[Added 9-18-1980 by Ord. No. 25-80]

YARD, FRONT

Any open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side line of that lot. The depth of the front yard shall be measured at right angles to the street line.

[Amended 10-25-1984 by Ord. No. 57-84; 12-9-1993 by Ord. No. 93-100]

YARD, REAR

An open, unoccupied space extending across the full width of the lot and lying between the rear line of the lot, or a street where there is no interior rear lot line, and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side lot lines.

YARD, SIDE

An open, unoccupied space between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either such yards, to the street or rear lot lines, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

ZONING BOARD

The Board of Adjustment as established under this chapter.

ZONING OFFICER

That person designated by the Township Committee to administer and enforce the provisions of this chapter.

[1] Editor's Note: The former definition of "floor area," which immediately followed this definition, was repealed 12-22-1998 by Ord. No. 98-49.

[2] Editor's Note: The former definition of "habitable space," added 6-8-1995 by Ord. No. 95-23, which immediately followed this definition, was repealed 12-22-1998 by Ord. No. 98-49. The former definition of "home occupations," amended 4-27-1995 by Ord. No. 95-16, which followed this definition was repealed 6-28-2001 by Ord. No. 01-37.

[3] Editor's Note: See Subsection C of this section.

[4] Editor's Note: The former definition of "story," which immediately followed this definition, was repealed 12-22-1998 by Ord. No. 98-49.

[5] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

C. In addition to the terms defined in Subsection B above, the following terms shall apply to the Pinelands Area of Lacey Township. In the event of a conflict between a definition of Township-wide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area.

[Added 2-14-1991 by Ord. No. 5-91]

AGRICULTURAL COMMERCIAL ESTABLISHMENT

A retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An agricultural commercial establishment may be seasonal or year-round and may or may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants or other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself or facilities which are solely processing facilities.

AGRICULTURAL EMPLOYEE HOUSING

Residential dwellings for the seasonal use of employees of an agricultural or horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.

ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM

An individual or community on-site wastewater treatment system that has the capability of providing a high level of treatment including a significant reduction in the level of total nitrogen in the wastewater and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.

[Added 12-12-2002 by Ord. No. 02-68; amended 7-12-2018 by Ord. No. 2018-20]

ANIMALS, THREATENED OR ENDANGERED

Those animals designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

APPROVAL AGENCY

Any board, body or other authority within the Township with the authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.

APPROVAL, FINAL

Any approval to develop issued by a local permitting agency which represents the final action to be taken on the application for development by that agency, including but not limited to final approval of major subdivisions and site plans, approval of minor subdivisions and the issuance of zoning or construction permits.

APPROVAL, PRELIMINARY

Any approval to develop issued by a local permitting agency which is a prerequisite to the issuance of a final approval by that agency, including but not limited to preliminary approvals of major subdivisions and site plans.

CAMPER

A portable structure, which is self-propelled or mounted on or towed by another vehicle, designed and used for temporary living for travel, recreation, vacation or other short-term uses. "Camper" does not include mobile homes or other dwellings.

CAMPSITE

A place used or suitable for camping on which temporary shelter, such as a tent or camper, may be placed and occupied on a temporary and seasonal basis.

CERTIFICATE OF APPROPRIATENESS

A certificate issued pursuant to the provisions of N.J.A.C. 7:50-6.156.

CERTIFICATE OF FILING

A certificate issued pursuant to the provisions of N.J.A.C. 7:50-4.34 that a complete application for development has been filed.

COMMISSION

The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act, as amended.

[6]

COMPREHENSIVE MANAGEMENT PLAN

The plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.

[7]

CONTIGUOUS LAND

Land which is connected or adjacent to other land so as to permit the land to be used as a functional unit, provided that separation by lot line, streams, dedicated public roads which are not paved, rights-of-way and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.

[Amended 1-28-1993 by Ord. No. 93-5]

DENSITY

The average number of dwelling units per gross acre of land.

DEVELOPMENT

The change or enlargement of any use or disturbance of land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:

(1) A change in type of use of a structure or land.

(2) A reconstruction, alteration of the size or material change in the external appearance of a structure or land.

(3) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.

(4) The commencement of resource extraction, drilling or excavation on a parcel of land.

(5) The demolition of a structure or removal of trees.

(6) The commencement of forestry activities.

(7) The deposit of refuse, solid or liquid waste or fill on a parcel of land.

(8) In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions or waste material.

(9) The alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

DEVELOPMENT APPROVAL

Any approval to develop which is granted by an approval agency, including appeals to the governing body, except for certificates of occupancy and variances which do not otherwise include issuance of a construction permit, subdivision or site plan approval.

DEVELOPMENT, MAJOR

Any division of land into five or more lots, any construction or expansion of any housing development of five or more dwelling units, any construction or expansion of any commercial or industrial use or structure on a site of more than three acres or any grading, clearing or disturbance of an area in excess of 5,000 square feet.

DEVELOPMENT, MINOR

All development other than major development.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff, to minimize erosion and sedimentation during or after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

DWELLING

Any structure or portion thereof which is designed or used for residential purposes.

DWELLING UNIT

Any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.

ELECTRIC DISTRIBUTION LINES

All electric lines other than electric transmission lines.

ELECTRIC TRANSMISSION LINES

Electric lines which are part of an electric company's transmission and subtransmission system which provide a direct connection between a generating station or substation of the utility company and:

(1) Another substation of the utility;

(2) A substation of or interconnection point with another interconnecting utility company; or

(3) A substation of a high-load customer of the utility.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

FAMILY

One or more persons related by blood, marriage, adoption or guardianship or any number of persons not so related occupying a dwelling unit and living as a single housekeeping unit.

FISH AND WILDLIFE MANAGEMENT

The changing of the characteristics and interactions of the fish and wildlife population and their habitats in order to promote, protect and enhance the ecological integrity of those populations.

FORESTRY

[Amended 3-27-1997 by Ord. No. 97-14]

The planting, cultivating and harvesting of trees for the production of wood products, including firewood. It includes such practices as reforestation, site preparation and other silvicultural practices. For purposes of this chapter, the following activities shall not be defined as "forestry":

(1) Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed.

(2) Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees.

(3) Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter.

(4) Removal of trees necessary for the maintenance of utility or public rights-of-way.

(5) Removal or planting of trees for the personal use of the parcel owner.

(6) Removal of trees for public safety.

HABITAT

The natural environment of an individual animal or plant population or community.

HEIGHT, ACCESSORY

The vertical distance of a building measured from the average grade on all sides to the highest point of any roof. For structures, the vertical distances measured from grade to its highest point; provided, however, that no height limitation in this chapter shall apply to any of the following structures, if structures are compatible with uses in the immediate vicinity: silos, barns and other agricultural structures; church spires; cupolas; domes; monuments; water towers; fire observation towers; electric transmission facilities and supporting structures; windmills; chimneys; smokestacks; derricks; conveyors; flagpoles; masts; aerials; solar energy facilities; and similar structures required to be placed above the roof level and not intended for human occupancy.

[Amended 7-27-2006 by Ord. No. 2006-38; 2-9-2012 by Ord. No. 2012-06]

HEIGHT, PRINCIPAL

The vertical distance of a building measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height of the roof above the highest habitable area for gable, hip and gambrel roofs. For structures, the vertical distance measures from grade to its highest point; provided, however, that no height limitation in this chapter shall apply to any of the following structures, if such structures are compatible with uses in the immediate vicinity: silos; barns and other agricultural structures; church spires; cupolas; domes; monuments; water towers; fire observation towers; electric transmission facilities and supporting structures; windmills; chimneys; smokestacks; derricks; conveyors; flagpoles; masts, aerials; solar energy facilities; and similar structures required to be placed above the roof level and not intended for human occupancy.

[Amended 7-27-2006 by Ord. No. 2006-38]

HISTORIC RESOURCE

Any site, building area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.

[Amended 3-27-1997 by Ord. No. 97-14]

HOME OCCUPATIONS

An activity for economic gain carried out in a residential dwelling or accessory structure thereto in which an occupant of the residence and no more than two other individuals are employed and which is clearly secondary to the use of the dwelling as a residence.

HYDROPHYTES

Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.

IMMEDIATE FAMILY

Those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.

[Amended 3-27-1997 by Ord. No. 97-14; amended 7-12-2018 by Ord. No. 2018-20]

IMPERMEABLE SURFACE

Any surface which does not permit fluids to pass through or penetrate its pores and spaces.

INSTITUTIONAL USE

Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities, such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; public office buildings; cemeteries; and other similar facilities.

INTERESTED PERSON OR PARTY

Any person whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States has been denied, violated or infringed upon by action or failure to act under this chapter.

INTERIM RULES AND REGULATIONS

The regulations adopted by the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Comprehensive Management Plan took effect on January 14, 1981. These regulations were formally codified as N.J.A.C. 7:1G-1.

LAND

Includes the surface and subsurface of the earth as well as improvements and fixtures on, above or below the surface and any water found thereon.

LOCAL COMMUNICATIONS FACILITY

An antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-to-point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.

[Added 3-27-1997 by Ord. No. 97-14]

MEDICAL CANNABIS DISPENSARY

An organization issued a permit by the Cannabis Regulatory Commission that authorizes the organization to purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver consistent with the requirements of Subsection i of Section 27 of P.L. 2019, c. 153 (N.J.S.A. 24: 61-20); and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers. A medical cannabis dispensary shall not cultivate medical cannabis, or produce, manufacture, or otherwise create medical cannabis products.

[Added 7-8-2020 by Ord. No. 2020-15]

NAVIGABLE WATERS

Water capable of being traversed by pleasure craft.

OFF-SITE COMMERCIAL ADVERTISING SIGN

A sign, other than a sign which advertises an agricultural commercial establishment, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

PARCEL

Any quantity of land, consisting of one or more lots, that is capable of being described with such definiteness that its location and boundaries may be established.

[Amended 3-27-1997 by Ord. No. 97-14]

PERSON

An individual, corporation, public agency, business trust, partnership, association, two or more persons having joint or common interest or any other legal entity.

PINELANDS AREA

That area of Lacey Township designated as part of the Pinelands Area by Section 10(a) of the New Jersey Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.), being that portion of the Township lying west of the Garden State Parkway.

PINELANDS DEVELOPMENT CREDITS

A use right allocated to certain lands within the Township pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus in regional growth areas located in other Pinelands Area municipalities.

PINELANDS DEVELOPMENT REVIEW BOARD

The agency responsible from February 8, 1979, to June 28, 1979, for the review of and action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.

PINELANDS PROTECTION ACT

N.J.S.A. 13:18A-1 through 29, as amended.

PINELANDS RESOURCE-RELATED USE

Any use which is based on resources which are indigenous to the pinelands, including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.

PLANTS, THREATENED OR ENDANGERED

A pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.

PRESERVATION AREA

The area so designated by Section 10(b) of the Pinelands Protection Act.

[8]

PROTECTION AREA

All land within the Pinelands Area which is not included in the preservation area.

PUBLIC DEVELOPMENT

Development, including subdivision, by any Township or other governmental agency.

PUBLIC SERVICE INFRASTRUCTURE

Sewer service, gas, electricity, water, telephone, cable television and other public utilities, roads and streets and other similar services provided or maintained by any public or private entity.

RECOMMENDED MANAGEMENT PRACTICE

The management program which employs the most efficient use of available technology and natural, human and economic resources.

RECORD TREE

The largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.

[Added 3-27-1997 by Ord. No. 97-14]

RECREATIONAL FACILITY, INTENSIVE

Any recreational facility which is not a low-intensive recreational facility, including but not limited to golf courses, marinas, amusement parks, hotels and motels.

RECREATIONAL FACILITY, LOW-INTENSIVE

A facility or area which complies with the standards of N.J.A. C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low-intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.

[Amended 3-27-1997 by Ord. No. 97-14]

RESOURCE EXTRACTION

The dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.

SEASONAL HIGH WATER TABLE

The level below the natural ground surface to which water seasonally rises in the soil in most years.

SIGN

Any object, device, display or structure or part thereof situated outdoors or indoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state or city or any fraternal, religious or civic organizations; merchandise, pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.

SOLAR ENERGY FACILITY

A solar energy system and all associated components, including, but not limited to, panels, arrays, footings, supports, mounting and stabilization devices, inverters, electrical distribution wires and other on-site or off-site infrastructure necessary for the facility, which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function.

[Added 7-12-2018 by Ord. No. 2018-20]

SOLID WASTE TRANSFER STATION

A facility at which solid waste is transferred from collection vehicles to haulage vehicles for transportation to a landfill.

[9]

STRUCTURAL ALTERATION

Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.

UTILITY DISTRIBUTION LINES

Lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.

[Amended 3-27-1997 by Ord. No. 97-14]

WETLANDS

Those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. "Wetlands" include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Services of the United States Department of Agriculture and further defined in N.J.A.C. 7:50-6.3 through 6.5.

WETLANDS SOILS

Those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.

[6] Editor's Note: See N.J.S.A. 13:18A-5.

[7] Editor's Note: See N.J.S.A. 13:18A-8.

[8] Editor's Note: See N.J.S.A. 13:18A-11b.

[9] Editor's Note: The definitions of "specimen tree" and "standard subsurface sewerage disposal system," which previously followed this definition, were repealed 3-27-1997 by Ord. No. 97-14.

§ 335-4 Designation of zones.

[Added 2-16-1979 by Ord. No. 2-79]

The Township of Lacey is hereby divided into the following zones:
R-100	Residence Zone
R-100A	Residence Zone
R-80	Residence Zone [Added 9-18-1980 by Ord. No. 25-80]
R-75	Residence Zone
R-75A	Residence Zone [Added 9-18-1980 by Ord. No. 25-80[1]]
R-150	Residence Zone
RO-100	Residence and Office Zone [Added 12-28-1995 by Ord. No. 95-57[2]]
A-RPURD	Age-Restricted Planned Unit Residential Development Zone. [Added 7-27-2000 by Ord. No. 00-40]
RRCD	Residential Retirement Cluster Development Zone [Added 8-26-1982 by Ord. No. 26-82]
O-C	Office-Commercial Zone [Added 2-5-1981 by Ord. No. 4A-81[3]]
RO-150	Residential and Office Park Zone
C-150	Highway Business Zone
C-200	Limited Business Zone [Added 12-22-1983 by Ord. No. 36-83]
C-300	Limited Business Zone
C-100	Marine Commercial Zone
M-1	Business Park Zone [Added 12-22-1998 by Ord. No. 98-49]
M-2	Limited Industrial Zone
M-6	Industrial Zone
M-100	Industrial Zone [Added 12-22-2009 by Ord. No. 2009-23]
PA	Preservation Area Zone [Added 2-14-1991 by Ord. No. 5-91[4]]
FA	Forest Area Zone [Added 2-14-1991 by Ord. No. 5-91[5]]
RD	Rural Development Zone [Added 2-14-1991 by Ord. No. 5-91[6]]
VR	Village Residential Zone [Added 2-14-1991 by Ord. No. 5-91[7]]
VRC	Village Recreational Zone [Added 2-14-1991 by Ord. No. 5-91[8]]
AH-10R	Affordable Housing-10 Redevelopment District [Added 4-10-2014 by Ord. No. 2014-06]

[1] Editor's Note: Also pursuant to Ord. No. 25-80, the CS-80 Community Service Zone was deleted from this section.

[2] Editor's Note: This ordinance also provided for the repeal of the R-15 Residence Zone, as added 12-22-1983 by Ord. No. 36-83.

[3] Editor's Note: This ordinance also deleted the RO-80 Residential and Office Zone from this listing.

[4] Editor's Note: This ordinance also provided for the repeal of the following districts: RIA Rural Zone, RRIA Rural Retirement Zone, RA Rural Agricultural Zone, REC Rural Recreation Zone, M-3 Medium Industrial Zone.

[5] Editor's Note: This ordinance also provided for the repeal of the following districts: RIA Rural Zone, RRIA Rural Retirement Zone, RA Rural Agricultural Zone, REC Rural Recreation Zone, M-3 Medium Industrial Zone.

[6] Editor's Note: This ordinance also provided for the repeal of the following districts: RIA Rural Zone, RRIA Rural Retirement Zone, RA Rural Agricultural Zone, REC Rural Recreation Zone, M-3 Medium Industrial Zone.

[7] Editor's Note: This ordinance also provided for the repeal of the following districts: RIA Rural Zone, RRIA Rural Retirement Zone, RA Rural Agricultural Zone, REC Rural Recreation Zone, M-3 Medium Industrial Zone.

[8] Editor's Note: This ordinance also provided for the repeal of the following districts: RIA Rural Zone, RRIA Rural Retirement Zone, RA Rural Agricultural Zone, REC Rural Recreation Zone, M-3 Medium Industrial Zone.

§ 335-5 Zoning Map.

[Added 9-18-1980 by Ord. No. 25-80]

The boundaries of the zones in Lacey Township are hereby established and shown on a map entitled the "Zoning Map of Lacey Township." This map is hereby made a part of this chapter.[1]

[1] Editor's Note: A copy of the Zoning Map is included in the pocket at the end of this volume.

§ 335-6 Interpretation of boundaries.

When any uncertainty exists as to the boundaries of any of the zones as described in Article XVI hereof, the following rules shall apply:

A. Zone boundary lines are intended to follow street, lot or property lines or natural lines such as watercourses as they exist on plots or maps of record unless such boundaries are fixed by a detailed description thereof.

B. Where such boundaries are fixed by dimensions and where they approximately follow lot lines, and where they are not more than 10 feet distant therefrom, such lot lines shall be construed to be such boundaries unless they shall be otherwise determined by the Board of Adjustment in accordance with the rules and regulations of said Board.

C. Where a lot is located in part in one zoning district and in part in another zoning district, the entire lot or portion thereof located in the neighboring zone may be used for a purpose permitted in either zone upon application for a conditional use permit and upon determination by the Planning Board that the following standards and conditions are met:

[Added 2-26-2004 by Ord. No. 2004-04]

(1) The use contemplated can best be established by utilizing a portion of the lot in the neighboring zone district without materially affecting the adjoining areas.

(2) The site plan shall be appropriate and compatible to the adjoining area.

(3) A set of plans, specifications and plot plans shall be filed with the Board showing overall dimensions, topographical conditions, the location and intended use of existing and proposed buildings, the relationship of the proposed use to the streets and adjacent property and other physical features which might act as a deterrent to the general welfare.