A.Â
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.Â
ACCESSORY USE or ACCESSORY BUILDING
(1)Â
(2)Â
(3)Â
(4)Â
ADULT CABARET
ADULT MEDIA
ADULT MEDIA STORE
ADULT MOTION-PICTURE THEATER
AGRICULTURAL USE
ALTERATIONS
AMUSEMENT CENTER
APARTMENT
ARCADE
ARTIFICIAL REGENERATION
ASSISTED LIVING CARE FACILITIES
AUTOMOBILE BODY SHOP
AUTOMOBILE REPAIR SHOP
AUTOMOBILE SERVICE STATION
BASEMENT
BED-AND-BREAKFAST
BEDDING
BOATYARD
BROADCAST SCARIFICATION
BUILDABLE AREA
BUILDING
BUILDING HEIGHT, ACCESSORY
BUILDING HEIGHT, PRINCIPAL
BUILDING LINE
BUILDING, PRINCIPAL
CHILD-CARE CENTER
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
CLEAR-CUTTING
CLUSTER DEVELOPMENT
COPPICING
DISKING
DRUM-CHOPPING
DWELLING, ATTACHED
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING, QUADRAPLEX
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EFFICIENCY UNIT
ESSENTIAL SERVICES
FAMILY
FAMILY DAY-CARE HOME
FAMILY, SINGLE
FARMING
FENCE
FLOOD FRINGE
FLOOD HAZARD AREA
FLOODPLAIN
FLOODWAY
FLOOR AREA RATIO
FORESTRY
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
FOREST STAND
GAME ROOM
GARAGE, PRIVATE
GARAGE, PUBLIC
GARDEN APARTMENT
GENERAL DEVELOPMENT PLAN
GAS STATION
GOLF COURSE
GROSS DENSITY
GROSS FLOOR AREA
GROUP SELECTION
HABITABLE FLOOR AREA
HORTICULTURAL USE
HOSPITAL
HOTEL/MOTEL
IMPERMEABLE SURFACE
IMPERVIOUS LOT COVERAGE
IMPERVIOUS SURFACE
INDEPENDENT LIVING FACILITIES
INDIVIDUAL SELECTION
INDUSTRIAL OR OFFICE PARK
JUNKYARD
LOT
LOT AREA
LOT DEPTH
LOT FRONTAGE
LOT WIDTH
MANUFACTURING
MARINA
MEDICAL CANNABIS DISPENSARY
MINING
MOBILE HOME
MOBILE HOME PARK
MOBILE HOME SPACE
MOTOR VEHICLE REPAIR GARAGE
MOTOR VEHICLE SERVICE STATION
MULTIPLE COMMERCIAL STRUCTURE
NATURAL REGENERATION
NET DENSITY
NONCONFORMING BUILDING or NONCONFORMING STRUCTURE
NONCONFORMING LOT
NONCONFORMING USE
NURSING HOME
OCCUPANT
OFFICE
OPERATOR
OWNER
PARKING AREA
PARKING SPACE
PERMEABILITY
PERMITTED USE
PERSON
PINELANDS NATIVE FOREST TYPE
PLANNED RESIDENTIAL RETIREMENT COMMUNITY (PRRC)
PLANNED UNIT RESIDENTIAL DEVELOPMENT (PRD)
PLOT PLAN
PRINCIPAL USE
PRIVATE SCHOOL
PROFESSIONAL OFFICE
PROHIBITED USE
RECYCLABLE MATERIALS
RECYCLING FACILITY
RESIDENTIAL RETIREMENT CLUSTER DEVELOPMENT (RRCD)
RESOURCE MANAGEMENT SYSTEM PLAN
ROOMING HOUSE
ROOMING UNIT
ROOT RAKING
SCREEN
SEED TREE CUT
SEE-THROUGH FENCE
SENIOR CITIZEN COMMUNITY RESOURCE CENTER
SETBACK LINE
SEX SHOP
SEXUALLY ORIENTED BUSINESS
SEXUALLY ORIENTED TOYS OR NOVELTIES
SHELTERWOOD CUT
SHOPPING CENTER
SIGHT TRIANGLE
SIGN
SIGN AREA
SIGN, COMMERCIAL
SIGN, ENTERPRISE IDENTIFICATION
STORAGE STRUCTURE
STREET
STREET LINE
STRUCTURE
SWIMMING POOL
THINNING
TOWNHOUSE
TRACT
TRAVEL TRAILER
TRUCK TERMINAL
USE
UTILITY
WAREHOUSING
WETLANDS MANAGEMENT
WHOLESALING
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING BOARD
ZONING OFFICER
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
[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:
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;
Is subordinate in area, extent and purpose to
the principal structure or principal building or a principal use served;
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]
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]
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]
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]
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]
An establishment emphasizing or predominantly showing sexually
oriented movies.
[Added 12-22-2016 by Ord.
No. 2016-17]
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]
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.
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]
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]
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]
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 9-22-2011 by Ord. No. 2011-19]
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]
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]
See "motor vehicle repair garage."
[Added 7-24-1997 by Ord. No. 97-30]
See "motor vehicle service station."
[Added 7-24-1997 by Ord. No. 97-30]
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]
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]
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]
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.
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]
That portion of any lot lying within front, rear and side
setback lines.
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]
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]
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]
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.
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]
[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:
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.
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.
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.
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.
Day training centers operated by or under contract
with the Division of Developmental Disabilities within the Department
of Human Services.
Programs operated by the Board of Education
of the local public school district that is responsible for their
implementation and management.
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.
A child-care program operating within a geographical
area, enclave or facility that is owned or operated by the federal
government.
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.).
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.
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]
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.
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]
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]
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]
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]
A building containing more than two dwelling units.
[Added 9-18-1980 by Ord. No. 25-80]
A building containing one dwelling unit.
[Added 6-8-1995 by Ord. No. 95-23]
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]
A detached building containing one dwelling unit.
[Added 9-18-1980 by Ord. No. 25-80]
A building containing two dwelling units.
[Added 9-18-1980 by Ord. No. 25-80; amended 6-8-1995 by Ord. No. 95-23]
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]
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]
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.
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]
[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:
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]
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.
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]
That portion of the flood hazard area outside of the floodway.
[Added 9-18-1980 by Ord. No. 25-80]
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]
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]
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]
The total enclosed floor area of a building divided by the
total gross area of the property.
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]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Added 9-22-2011 by Ord. No. 2011-19]
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]
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]
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]
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]
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]
See "motor vehicle service station."
[Added 7-24-1997 by Ord. No. 97-30]
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]
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]
The total enclosed floor area of a building.
[Amended 12-22-1998 by Ord. No. 98-49]
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]
That livable area enclosed by the exterior foundation walls,
excluding garages, open porches, porticoes, patios, breezeways and
other similar attachments.
[2]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]
An institution where the sick or injured receive medical
or surgical care.
[Added 9-18-1980 by Ord. No. 25-80]
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]
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]
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]
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]
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]
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]
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]
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.
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.
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.
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.
That portion of a lot extending along a street line.
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]
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.
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 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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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.
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.
Use of a building or of land that does not conform to the
regulations for the zone in which it is located.
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.
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]
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]
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]
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]
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]
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]
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]
Any use of land or buildings as permitted by this chapter.
[Added 9-18-1980 by Ord. No. 25-80]
An individual, corporation, partnership or any other group
acting as a unit.
[Added 6-8-1995 by Ord. No. 95-23]
See N.J.A.C. 7:50-6.43.
[Added 9-22-2011 by Ord. No. 2011-19]
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.
An integrated community providing various single-family,
multifamily, commercial and recreational uses coordinated with common
open space.
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.
The main purpose for which any lot, building or structure
is used.
[Added 9-18-1980 by Ord. No. 25-80]
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]
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]
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.
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
An establishment offering goods for sale or rent in any two
of the following categories:
[Added 12-22-2016 by Ord.
No. 2016-17]
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]
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]
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]
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]
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]
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.
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.
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.
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]
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]
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]
The dividing line between a lot and the street right-of-way
contiguous thereto, whether such right-of-way is existing or contemplated.
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]
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]
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]
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]
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]
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]
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]
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.
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]
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]
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]
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]
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]
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.
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.
The Board of Adjustment as established under this chapter.
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.
[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.Â
AGRICULTURAL COMMERCIAL ESTABLISHMENT
AGRICULTURAL EMPLOYEE HOUSING
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
ANIMALS, THREATENED OR ENDANGERED
APPROVAL AGENCY
APPROVAL, FINAL
APPROVAL, PRELIMINARY
CAMPER
CAMPSITE
CERTIFICATE OF APPROPRIATENESS
CERTIFICATE OF FILING
COMMISSION
COMPREHENSIVE MANAGEMENT PLAN
CONTIGUOUS LAND
DENSITY
DEVELOPMENT
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
DEVELOPMENT APPROVAL
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
DRAINAGE
DWELLING
DWELLING UNIT
ELECTRIC DISTRIBUTION LINES
ELECTRIC TRANSMISSION LINES
EROSION
FAMILY
FISH AND WILDLIFE MANAGEMENT
FORESTRY
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
HABITAT
HEIGHT, ACCESSORY
HEIGHT, PRINCIPAL
HISTORIC RESOURCE
HOME OCCUPATIONS
HYDROPHYTES
IMMEDIATE FAMILY
IMPERMEABLE SURFACE
INSTITUTIONAL USE
INTERESTED PERSON OR PARTY
INTERIM RULES AND REGULATIONS
LAND
LOCAL COMMUNICATIONS FACILITY
MEDICAL CANNABIS DISPENSARY
NAVIGABLE WATERS
OFF-SITE COMMERCIAL ADVERTISING SIGN
PARCEL
PERSON
PINELANDS AREA
PINELANDS DEVELOPMENT CREDITS
PINELANDS DEVELOPMENT REVIEW BOARD
PINELANDS PROTECTION ACT
PINELANDS RESOURCE-RELATED USE
PLANTS, THREATENED OR ENDANGERED
PRESERVATION AREA
PROTECTION AREA
PUBLIC DEVELOPMENT
PUBLIC SERVICE INFRASTRUCTURE
RECOMMENDED MANAGEMENT PRACTICE
RECORD TREE
RECREATIONAL FACILITY, INTENSIVE
RECREATIONAL FACILITY, LOW-INTENSIVE
RESOURCE EXTRACTION
SEASONAL HIGH WATER TABLE
SIGN
SOLAR ENERGY FACILITY
SOLID WASTE TRANSFER STATION
STRUCTURAL ALTERATION
UTILITY DISTRIBUTION LINES
WETLANDS
WETLANDS SOILS
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]
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.
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.
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]
Those animals designated by the Department of Environmental
Protection pursuant to N.J.S.A. 23:2A-1 et seq.
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.
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.
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.
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.
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.
A certificate issued pursuant to the provisions of N.J.A.C.
7:50-6.156.
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.
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act, as amended.
[6]The plan adopted by the Commission pursuant to Section 7
of the Pinelands Protection Act, as amended.
[7]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]
The average number of dwelling units per gross acre of land.
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:
A change in type of use of a structure or land.
A reconstruction, alteration of the size or
material change in the external appearance of a structure or land.
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.
The commencement of resource extraction, drilling
or excavation on a parcel of land.
The demolition of a structure or removal of
trees.
The commencement of forestry activities.
The deposit of refuse, solid or liquid waste
or fill on a parcel of land.
In connection with the use of land, the making
of any material change in noise levels, thermal conditions or emissions
or waste material.
The alteration, either physically or chemically,
of a shore, bank or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
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.
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.
All development other than major development.
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.
Any structure or portion thereof which is designed or used
for residential purposes.
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.
All electric lines other than 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:
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
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.
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.
[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":
Removal of trees located on a parcel of land
one acre or less on which a dwelling has been constructed.
Horticultural activities involving the planting,
cultivating or harvesting of nursery stock or Christmas trees.
Removal of trees necessitated by the development
of the parcel as otherwise authorized by this chapter.
Removal of trees necessary for the maintenance
of utility or public rights-of-way.
Removal or planting of trees for the personal
use of the parcel owner.
Removal of trees for public safety.
The natural environment of an individual animal or plant
population or community.
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]
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]
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]
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.
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
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]
Any surface which does not permit fluids to pass through
or penetrate its pores and spaces.
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.
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.
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.
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.
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]
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]
Water capable of being traversed by pleasure craft.
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.
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]
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having joint or common
interest or any other legal entity.
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.
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.
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.
N.J.S.A. 13:18A-1 through 29, as amended.
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.
A pinelands plant species whose survival worldwide, nationwide
or in the state is in jeopardy.
The area so designated by Section 10(b) of the Pinelands
Protection Act.
[8]All land within the Pinelands Area which is not included
in the preservation area.
Development, including subdivision, by any Township or other
governmental agency.
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.
The management program which employs the most efficient use
of available technology and natural, human and economic resources.
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]
Any recreational facility which is not a low-intensive recreational
facility, including but not limited to golf courses, marinas, amusement
parks, hotels and motels.
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]
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.
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
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.
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]
A facility at which solid waste is transferred from collection
vehicles to haulage vehicles for transportation to a landfill.
[9]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.
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]
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.
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.
[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.
[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.
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.Â
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.Â
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.Â
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)Â
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)Â
The site plan shall be appropriate and compatible
to the adjoining area.
(3)Â
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.