Township of Lacey, NJ Article IX Zone Regulations

§ 335-50 R-100 Residence Zone.

[Amended 7-24-1997 by Ord. No. 97-30; 12-22-2016 by Ord. No. 2016-17]

A. Permitted uses within the R-100 Residence Zone. No premises, lot, land area, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) Detached single-family dwellings and accessory buildings and uses normally auxiliary thereto.

(2) Public utilities and services necessary for the service of the community, except activities of an industrial character, such as repair and maintenance yards, storage facilities, classification yards and round-houses, or activities which generate electronic interference, or power generating facilities.

(3) Family day-care homes as defined by N.J.S.A. 40:55D-66.5.

(4) Home occupations conducted entirely within the principle structure.

B. Conditional uses by permit. In addition to the above-described permitted uses for the R-100 Residence Zone, the following shall be classified as conditional uses which shall be permitted subject to approval of the Planning Board upon compliance with the standards and regulations as set forth in § 335-78 of this chapter:

(1) Home occupations conducted outside of the principal structure.

(2) Home professional offices.

§ 335-51 R-100A Residence Zone.

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

A. Permitted uses within the R-100A Residence Zone. No premises, lot, land area, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations, the regulations of this chapter and is used wholly for one or more of the following uses:

(1) All uses set forth as permitted uses under § 335-50 for the R-100 Residence Zone.

[Amended 6-12-1997 by Ord. No. 97-21]

B. Conditional uses by permit. In addition to the above-described permitted uses for the R-100A Residence Zone, the following shall be classified as conditional uses which shall be permitted subject to approval of the Planning Board upon compliance with the standards and regulations as set forth in § 335-78 of this chapter:

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

(1) All uses set forth as conditional uses under § 335-50B for the R-100 Residence Zone.

§ 335-52 R-80 Residence Zone.

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

The provisions of said zone shall be as follows:

A. Permitted uses within the R-80 Residence Zone. No premises, lot, land area, building or structure shall be used, and no building or structure shall be erected or altered to be used in whole or part, unless it complies with the schedule of general regulations of this chapter and is used wholly for one or more of the following uses:

(1) All uses set forth under § 335-50 for the R-100 Residence Zone.

[Amended 6-12-1997 by Ord. No. 97-21]

§ 335-53 R-75 Residence Zone.

A. Permitted uses within the R-75 Zone. No premises, lot, land area, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) All uses set forth as permitted uses under § 335-50 for the R-100 Residence Zone.

[Amended 6-12-1997 by Ord. No. 97-21]

B. Conditional uses by permit. In addition to the above-described permitted uses for the R-75 Residence Zone, the following shall be classified as conditional uses which shall be permitted subject to approval of the Planning Board upon compliance with the standards and regulations as set forth in § 335-78 of this chapter.

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

(1) All uses set forth as conditional uses under § 335-50B for the R-100 Residence Zone.[1]

[1] Editor's Note: Former Subsection C, dealing with prohibited marine commercial service uses, which immediately followed this subsection, was repealed 7-24-1997 by Ord. No. 97-30.

§ 335-54 R-75A Residence Zone.

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

A. Permitted uses within the R-75A Zone. No premises, lot, land area, building or structure shall be used, and no building or structure shall be erected or altered to be used, in whole or in part, unless it conforms to the schedule of general regulations of this chapter and is used wholly for one or more of the following uses:

(1) All uses set forth as permitted uses under § 335-53 for the R-75 Residence Zone.

[Amended 6-12-1997 by Ord. No. 97-21]

B. Conditional uses by permit. In addition to the above-described permitted uses for the R-75 Residence Zone, the following shall be classified as conditional uses which shall be permitted subject to approval of the Planning Board upon compliance with the standards and regulations as set forth in § 335-78 of this chapter.

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

(1) All uses set forth as conditional uses under § 335-50B for the R-100 Residence Zone.

§ 335-54.1 R-75B Residence Zone.

[Added 7-12-2001 by Ord. No. 02-42]

A. Permitted uses within the R-75B Zone. No premises, lot, land area, building or structure shall be used, and no building or structure shall be erected or altered to be used, in whole or in part, unless it conforms to the schedule of general regulations of this chapter and is used wholly for one or more of the following uses:

(1) All uses set forth as permitted uses under § 335-53 for the R-75 Residence Zone.

B. Conditional uses by permit. In addition to the above-described uses for the R-75B Residence Zone, the following shall be classified as conditional uses which shall be permitted subject to approval of the Planning Board upon compliance with the standards and regulations as set forth in § 335-78 of this chapter.

(1) All uses set forth as conditional uses under § 335-50B for the R-100 Residence Zone.

§ 335-55 R-150 Residence Zone.

A. Permitted uses within the R-150 Residence Zone. No premises, lot, land area, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) All uses set forth as permitted uses under § 335-50 for the R-100 Residence Zone.

[Amended 6-12-1997 by Ord. No. 97-21]

B. Conditional uses by permit. In addition to the above-described permitted uses for the R-150 Residence Zone, the following shall be classified as conditional uses subject to approval by the Planning Board upon compliance with those standards and regulations set forth in § 335-78 of this chapter.

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

(1) Nursery schools and day-care centers.

(2) Home occupations conducted outside the principle structure.

(3) Home professional offices.

§ 335-56 RO-100 Residence and Office Zone.

[Added 12-22-1983 by Ord. No. 36-83; amended 12-28-1995 by Ord. No. 95-57]

A. Permitted uses within the RO-100 Zone. No premises, lot, land area, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter. All uses in this zone shall be subject to the bulk area and yard requirements of the R-100 Zone, except that office building of professional persons and buildings of personal business service establishments shall be subject to the bulk area and yard requirements of the O-C Office-Commercial Zone. The following uses are permitted in the RO-100 Zone:

(1) Detached single-family dwellings and the accessory buildings and uses normally auxiliary thereto, including home occupations in conformance with § 335-3 of this chapter, provided that any said dwelling or accessory buildings and use shall provide driveway turnarounds on the property to prevent backing out of the property onto the adjacent roadway.[1]

[1] Editor's Note: Former Subsection A(2), regarding churches and other places of worship, was repealed 7-13-2017 by Ord. No. 2017-18.

(2) Parks and playgrounds.[2]

[2] Editor's Note: Former Subsection A(4) through (6), regarding public recreational and community centers; community buildings, clubs, and similar activities; and nursery schools and day-care centers, were repealed 7-13-2017 by Ord. No. 2017-18.

(3) Office buildings of professional persons, which shall be subject to the bulk, yard and area requirements of the O-C Office-Commercial Zone.

(4) Buildings of personal and business services establishments, such as but not limited to realtors, stockbrokers, computer services, builders and developers, not including storage of construction materials and equipment, which shall also be subject to the bulk, area and yard requirements of the O-C Office-Commercial Zone.[3]

[3] Editor's Note: Former § 108-43.1, entitled "CS-80 Community Service Zone," which immediately followed this section, was repealed 9-18-1980 by Ord. No. 25-80.

(5) Home occupations conducted entirely within the principal structure on the premises.

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

(6) Home professional offices.

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

B. Conditional uses by permit. In addition to the above-described permitted uses for the RO-100 Residence and Office Zone, the following shall be classified as conditional uses which shall be permitted subject to approval of the Planning Board upon compliance with the standards and regulations as set forth in § 335-78 of this chapter.

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

(1) Home occupations conducted, in whole or in part, outside of the principal structure.

(2) Two-family dwellings (duplex) are permitted as a conditional use, subject to the following:

[Added 9-12-2013 by Ord. No. 2013-26]

(a) Area, yard and building requirements:

[1] Minimum lot area:

[a] Interior lot: 15,000 square feet.

[b] Corner lot: 18,000 square feet.

[2] Minimum lot width:

[a] Interior lot: 100 feet.

[b] Corner lot: 120 feet.

[3] Minimum lot frontage:

[a] Interior lot: 100 feet.

[b] Corner lot: 120 feet.

[4] Minimum front setback: 35 feet.

[5] Minimum side setback: 20 feet.

[6] Minimum rear setback: 30 feet.

[7] Maximum building height: 35 feet, two stories.

[8] Accessory structures:

[a] Minimum side yard: six feet.

[b] Minimum rear yard: six feet.

[c] Maximum building height: 16 feet.

(b) Minimum parking requirements:

[1] The minimum number of required parking spaces shall be 2.0 spaces per unit.

[2] A private driveway to a unit with capacity for off-street parking of one automobile shall be deemed to constitute one parking space.

(c) Additional requirements:

[1] All units shall have an attached garage.

[2] Garages that are used to meet the required parking demand under the residential site improvement standards are prohibited from being converted to living space.

(3) Types of housing permitted as an accessory use:

[Added 9-12-2013 by Ord. No. 2013-26]

(a) Dwelling units in mixed-use buildings.

[1] Any building containing both residential and nonresidential uses shall have a secured entrance for the residential uses.

[2] No dwelling unit shall be permitted on the same floor level as a nonresidential use.

[3] Dwelling units shall be permitted only in buildings in which the ground floor is devoted to office or personal business-service uses.

[4] Dwelling units shall be no less than 700 square feet in area.

§ 335-57 RRCD Residential Retirement Cluster Development Zone.

[Added 8-26-1982 by Ord. No. 26-82]

A. Permitted uses. Within the RRCD Residential Retirement Cluster Development Zone, no premises, lot, land, area, tract, building or structure shall be erected or altered for use, in whole or part, unless it complies with the schedule of general requirements and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) Residential retirement cluster developments as defined in § 335-3 herein, on tracts having a minimum contiguous area of at least 100 acres devoted entirely to the use of a residential retirement cluster development consisting of detached single-family dwellings.

(2) Recreational and community center buildings and facilities, including swimming pools, tennis courts, shuffleboard courts, picnic grounds, clubhouses and other such recreational, community service and cultural facilities, which are solely for use by the residents of the development and their guests. Recreational and cultural facilities shall not be limited to the foregoing so that the applicant may propose additional facilities with his submission. All such facilities shall be subordinate to the residential character of the community. No advertising or commercial enterprise shall be permitted.

(3) Permitted accessory uses. Necessary accessory buildings and uses required for the administration, maintenance, safety and service of the development shall be permitted.

B. Schedule of minimum requirements.

(1) Residential retirement cluster development shall be not less than 100 contiguous acres under one ownership or control; provided, however, that an area of less than 100 acres may be added to an existing residential retirement cluster development under the following conditions:

(a) It is contiguous to the residential retirement cluster development.

(b) The addition is in compliance with all applicable provisions of this chapter.

(2) Gross residential density. There shall be no more than three dwelling units per acre. The residential dwelling unit density shall be determined by dividing the proposed number of dwelling units in the development by the number of acres in the development.

(3) Homes constructed in the Residential Retirement Cluster Development Zone shall have the following gross floor area per unit:

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

(a) One-bedroom: 800 square feet.

(b) Two-bedroom: 900 square feet.

C. Schedule of limitations. The schedule of limitations under § 335-93 of the Lacey Township Code for cluster development is hereby made a part of this section. Said schedule hereby establishes the minimum yard and bulk requirements for all uses within a cluster development unless otherwise regulated hereunder.

D. Improvements. All improvements shall conform to the design and construction standards set forth in Chapter 297, Subdivision of Land.

(1) Streets and roads.

(a) Streets and roads within the residential retirement cluster development may either be dedicated to the Township or be retained as private streets maintained by the homeowners' association, which determination shall be made by the Planning Board and the Township Committee. An offer for dedication neither implies nor places any obligation upon the Township of Lacey to accept any or all streets offered for dedication.

(b) Street design and construction. All proposed streets in the residential retirement cluster development shall be classified in accordance with the definitions set forth in § 297-2 of Chapter 297, Subdivision of Land. The street layout pattern shall be such that proper and safe traffic circulation are maintained at all times. All streets offered for public dedication shall comply with all applicable design and construction standards set forth in § 297-36 of Chapter 297, Subdivision of Land.

(c) Private streets.

[1] Private streets shall be those streets which have not been dedicated and accepted by the Township of Lacey for continuous maintenance as public streets. The continuous permanent maintenance of all private streets within the residential retirement cluster development shall be the sole responsibility of the homeowners' association or other analogous body. Provisions shall be made to ensure that the maintenance of such roadways and streets shall not become an obligation of the Township of Lacey. All private streets within the residential retirement cluster development shall conform to the requirements set forth in Chapter 297, Subdivision of Land, or as otherwise amended herein.

[2] Every private street shall have an easement of not less than five feet in width on each side of the pavement, which shall provide for right of access by both the homeowners' association and the Township for purposes of utility installation or such other public purposes as may be deemed desirable. Where the developer has provided adequate off-street parking in accordance with the standards and regulations for cluster development set forth in § 285-11 of Chapter 285, Site Plan Review, the Planning Board may waive the width of the paved portion of private streets to a width of not less than 24 feet.

[3] Private streets shall conform with all standards set forth under Chapter 297, Subdivision of Land, including pavement, horizontal and vertical alignment, drainage, curbing and sidewalks, unless any such requirements are specifically waived by the Planning Board.

(2) Sanitary sewer. Each lot in a residential retirement cluster development shall be served by a central sewer system which conforms to the requirements of the Lacey Municipal Utilities Authority. Each lot shall be a part of the Lacey Municipal Utilities Authority system.

(3) Water supply. A central water supply system shall be provided for a residential retirement cluster development. Such system shall comply with the requirements of the Lacey Municipal Utilities Authority.

(4) Underground utilities. All utilities, including gas, water, sanitary sewer, electric and cable television, shall be installed below ground level, unless such installation is deemed impractical by the Planning Board.

(5) Buffers and screening. Along the exterior boundary line of any land areas developed as a residential retirement cluster development there shall be provided a buffer zone having a minimum width of not less than 50 feet. This buffer width shall be in addition to any yard or setback areas as required herein. The buffer zone shall include a screening strip in accordance with the provisions of § 335-34 of this chapter. The actual type, size and location of the screening strip, including the required buffer zone, shall be subject to the approval of the Planning Board or other such agency approving the residential retirement cluster development plan. For those nonresidential uses as permitted in this section, the buffer zone and screening strip shall be in accordance with the provisions and requirements set forth in § 335-34 of this chapter and Chapter 285, Site Plan Review. All buffer zones and screening strips for such permitted nonresidential uses shall likewise be subject to the approval of the Planning Board or other agency approving the residential retirement cluster development plan.

(6) Sidewalks. The Planning Board may waive sidewalks where they are to be located on local, collector or arterial streets, provided that adequate alternate pathways are provided throughout the development. The alternate pathways shall have a minimum width of six feet and shall have a hard dust-free surface. Bituminous concrete and cementitious concrete shall be acceptable. Timber walkways shall be acceptable if they are constructed throughout with lumber treated to resist decay and insect attack. Any walkway material shall be approved by the Planning Board and shall be constructed as approved by the Township Engineer.

E. Open space standards.

(1) Land area equal to a minimum of 30% of the tract of land proposed for a cluster development shall not be utilized for lot development and shall be set aside for open space.

(2) There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas should weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant and usable recreational areas.

(3) The configuration of the open space areas should be so arranged that connections can be made to existing or future adjacent open spaces.

(4) Land dedicated for open spaces shall include, wherever feasible, natural features, such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements as may be found necessary by the Planning Board to ensure the attractiveness and suitability of the area as open space.

(5) Portions of the open space shall be developed to afford both passive and active recreational opportunities. A minimum of 5% of the required open space shall be developed to afford passive recreational opportunities. Passive recreational activities may include but are not limited to pedestrian paths, sitting areas and naturally preserved areas. Areas devoted to passive recreation shall be required in addition to active recreation areas. Active recreational areas shall include but are not limited to such facilities as swimming pools, tennis courts, bicycle paths and ball fields. The size, location and type of all such recreational facilities shall be approved by the Planning Board.

F. Ownership, preservation and maintenance of common open space. The developer shall make provisions which ensure that the open space land shall continue as such and be properly maintained in perpetuity. The developer shall utilize the following method or such other method as approved by the Planning Board and Township Committee in ensuring the preservation and maintenance of common open space land:

(1) The developer shall provide for and establish an organization for the ownership and maintenance of all or a specified part of common open space land. The organization shall be a nonprofit homeowners' corporation.

(2) The organization shall be organized by the developer and operated with financial subsidization by the developer, if necessary, before the sale of any lots within the development.

(3) Membership in the organization shall be mandatory for all residents of the residential retirement cluster development.

(4) The organization shall be responsible for maintenance of insurance and payment of any taxes on common open space.

(5) The members of the organization shall be responsible for bearing equitably the costs of maintaining and developing common open space in accordance with procedures established by them.

(6) The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.

(7) In the event that the organization established to own and maintain a common open space or any successor organization shall at any time after establishment of the residential retirement cluster development fail to maintain the common space in reasonable order and condition, in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the residential retirement cluster development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Said notice shall include a demand that deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the residential retirement cluster development and/or to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for up to one year. Said entry and maintenance shall not vest in the public any rights to use the common open space, the use of which shall be restricted to the residents of the residential retirement cluster development who are members of the homeowners' corporation, except when the common open space is voluntarily dedicated to the public by the residents and owners and said dedication is accepted. Before the expiration of one year, the Township shall, upon its own initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents and owners of the residential retirement cluster development, to show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

(8) The cost of such maintenance by the Township shall be assessed ratably against the properties within the residential retirement cluster development that have a right of enjoyment of the common open space and shall become a tax lien on said properties.

(9) Provisions for the development plan relating to the use, bulk and location of buildings and structures, the quantity and location of buildings and structures, the quantity and location of common open space and the intensity of use or the density of residential units shall run in favor of the Township and shall be enforceable in law or in equity by the Township without limitation on any power of regulation otherwise granted the Township by law. The development plan shall specify which of its provisions run in favor of and are enforceable by the residents of the residential retirement cluster development and, in addition, the manner in which such residents may modify or release such rights.

(10) The nonprofit homeowners' corporation shall be incorporated pursuant to the provisions of Title 15 of the New Jersey Statutes. The corporation shall be directed by a board of trustees of not less than seven nor more than 11 persons. The organization, procedures and officers of the board of trustees shall be in accordance with bylaws initially approved by the Township Attorney. They shall provide a mechanism for amendment by favorable vote of a specified majority.

(11) The initial board of trustees shall be appointed by the developer, and at least one member thereof shall be a resident of the development. In the event that there are not yet any residents at the time of appointment, at least one position shall be reserved for the later appointment of a resident. Such appointment shall occur within 90 days of the first day of occupancy by a resident who is other than an employee of the developer.

(12) The terms of the initial appointees of the board of trustees shall be staggered among terms of not less than one year and not more than three years. Thereafter, all appointed or elected terms shall be for a period of three years.

(13) The developer shall have the exclusive right to nominate and elect the members of the board of trustees for a period of 10 years from the date of the first sale or until the occupancy of 75% of all proposed units is effectuated, whichever shall first occur; provided, however, that at least one member of the board of trustees shall be a resident of the development other than an employee of the developer.

(14) After more than 75% of all proposed units in the development are occupied or after 10 years from the date of the first sale, whichever shall first occur, the replacement of the members of the board of trustees who resign or whose terms expire shall be by election by the resident members; provided, however, that the developer shall be assigned at least two seats on the board of trustees, to which it may appoint a person of its choice until all units in the proposed development have been occupied.

(15) Regardless of the manner in which common open space land is occupied or developed, all other areas of the development which are not occupied by buildings, public streets or other required and/or approved public improvements or by lots which are plotted for sale shall be deeded to the homeowners' corporation for maintenance.

G. Recreational area.

(1) There shall be in each residential retirement cluster development at least one clubhouse or community building. There shall be at least six square feet of clubhouse building space provided for each proposed dwelling unit. The clubhouse shall be completed, shall have received a certificate of occupancy and shall be in operation before the 100th dwelling unit has been completed.

(2) Each RRCD shall provide a site or sites for recreational facilities for the use of its residents. Recreational facilities shall include but not be limited to such facilities as shuffleboard lanes, barbecue grills, picnic benches and indoor recreation facilities. Swimming pools shall be provided in the event that there are no adequate beach facilities available on site to the residents of the RRCD. Swimming pools, as required, shall have a minimum area of 1,800 square feet in size. Swimming pools shall be provided at a ratio of four square feet of pool area per proposed dwelling unit, rounded to the nearest multiple of 100 square feet of pool. The adequacy of proposed recreational facilities shall be reviewed by the Planning Board with the intent of assuring balanced and satisfactory recreational facilities for the use and enjoyment and well being of the residents of the RRCD. If the Planning Board determines that these ends are not being met by the proposed facilities, the Planning Board may require that additional recreational facilities be constructed to eliminate the deficiencies. All grounds surrounding recreational and administrative facilities shall be appropriately landscaped and shall provide adequate walkways. Underground irrigation shall be installed for such areas.

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

(3) Where a residential retirement cluster development is a conventional fee simple development, covenants and restrictions and plot plans shall indicate that recreational areas and green areas shall be dedicated to a homeowners' association or analogous body.

H. Procedural requirements.

(1) All subdivision plans and site plans shall be submitted to the Planning Board in accordance with the requirements of Chapter 297, Subdivision of Land, and of this chapter. Where facilities proposed to be built are other than residential dwellings, site plans shall be submitted for review and Planning Board action in conformity with this chapter and Chapter 285, Site Plan Review.

(2) At such time as the applicant or developer shall submit a subdivision plan or site plan for approval, the following shall also be submitted:

(a) Covenants and restrictions for the community or any other plan for or restrictions upon the community property.[1]

[1] Editor's Note: Former Subsection H(2)(b), which pertained to master deeds and immediately followed this subsection, was repealed 12-16-1982 by Ord. No. 37-82.

(b) Bylaws of the proposed homeowners' association.

(c) Proposed agreement of sale.

(d) Proposed form of deed.

(e) Title insurance certificate.

(3) Said documents shall be forwarded to the Planning Board and shall be subject to the review of the Planning Board and of the Township Committee as to their adequacy to ensure that the residential retirement cluster development shall be constituted so as to be consistent with the purposes and requirements of this section. The proposed documents and restrictions shall indicate a comprehensive and equitable program for the orderly transition of control over the homeowners' association from the applicant or the developer to the actual homeowners in the community.

(4) In addition to the foregoing, it shall be mandatory for any applicant to provide the Planning Board and the Township Committee with copies of all submissions to be made to any state agency pursuant to the Retirement Community Full Disclosure Act[2] at all stages of development.

[2] Editor's Note: See N.J.S.A. 45:22A-1 et seq.

(5) A fee of $1,000 or such fee as is determined, from time to time, by ordinance, shall be paid at the time of filing the aforesaid documents to aid the Planning Board in payment of professional fees to its experts in reviewing the aforesaid submissions. The aforesaid fee shall in no way be construed as a subdivision filing fee which is required under Chapter 297, Subdivision of Land. The Planning Board shall review the aforementioned submissions and shall advise the applicant of any deficiencies or divergence from the standards of the residential retirement cluster development regulations. When and if an applicant has satisfied the requirements of this section, the applicant may make application for final subdivision approval pursuant to Chapter 297, Subdivision of Land, of the Code of the Township of Lacey. Any final approval of the Planning Board shall include a condition for submission and approval of the proposed master deed or deeds.

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

I. Development. Development of all the uses and facilities approved as part of the site plan or subdivision shall proceed at the same rate as the dwelling units. To assure compliance with this subsection, the Construction Official shall, from time to time following the approval of a residential retirement cluster development, review all of the building permits issued for said residential retirement cluster development and examine the construction which has taken place on the site. If he shall find that any type of use, including recreational facilities is being developed at less than a comparable rate with the dwelling units, he shall report such to the Planning Board and to the Township Committee. The Township may take such action as is deemed appropriate, including issuance of stop-work notices or revocation of building permits until such time as parity in development of the divergent uses is reached.

§ 335-57.1 Age-Restricted Planned Unit Residential Development Zone.

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

A. Permitted uses. The following will be allowed as permitted uses in the Age-Restricted Planned Unit Residential Development Zone:

(1) Age-restricted planned unit residential development (PURD).

(2) Residential development in accordance with the R-150 Residence Zone.

(3) Age-restricted residential development (ARRD).

(4) Commercial uses as part of an age-restricted PURD, when in accordance with the requirements of the O-C Office Commercial Zone of the Lacey Township Zoning Ordinance.

(5) Assisted living care facilities as part of an age-restricted PURD.

(6) Independent living facilities as part of an age-restricted PURD.

B. Maximum building density. The maximum building density shall be a 5.0 dwelling units per gross acre of the A-R PURD tract, exclusive of commercial uses, with a mandatory set-aside of 15% of the total number of units to be affordable housing units in accordance with the certified housing element and Housing Plan of Lacey Township. Exception: When conventional subdivision is proposed, allowable density shall be that derived from the actual subdivision layout prepared in accordance with R-150 zoning requirements.

C. General requirements for age-restricted planned unit residential development (PURD).

(1) Purpose. This development type provides for the creation of an integrated community permitting age-restricted single family, multifamily, commercial and recreational uses coordinated with common open space.

(2) Minimum tract size. A planned unit residential development may only be developed on one or more contiguous parcels of land having a total gross area of not less than 100 acres. Properties separated by a street or easement shall be considered as contiguous in consideration of minimum tract size.

(3) Minimum open space: 30% of gross land area of PURD.

(4) Permitted principal uses. The principal uses of buildings in an age-restricted PURD shall be limited to the following:

(a) Age-restricted residential development (ARRD).

(b) Commercial uses as part of an age-restricted PURD, when in accordance with the requirements of the O-C Office Commercial Zone of the Lacey Township Zoning Ordinance.

(c) Assisted living care facilities (ALF).

(d) Independent living facilities.

D. Age-restricted residential development (ARRD).

(1) Purpose. It has been determined that there is a need for alternative housing in the Township of Lacey for the adult population who no longer maintain a residence for their children and which is comprehensively designed to meet the needs of adults. Age-restricted residential developments are hereby authorized to be developed in those zones in which age-restricted residential developments are recognized as a permitted use, upon compliance with the design criteria set forth in this subsection, and approval of the general development plan, preliminary and final subdivision/site plan approvals from the Planning Board of the Township of Lacey as hereinafter described:

(2) Definitions.

(a) AGE-RESTRICTED RESIDENTIAL DEVELOPMENT (ARRD) — As described herein, shall mean a private residential community comprised of various housing types and accessory uses intended for, and limited and restricted to, use and occupancy by age of resident in accordance with applicable law, provided that:

[1] At least 80% of the units in the development must be occupied by a husband or wife over 55 years of age; there is no age requirement for the spouse of such husband or wife. A maximum of 20% of the units in the development can be occupied by a husband or wife over 48 years of age; there is no age requirement for the spouse of such husband or wife; or

[Amended 1-24-2008 by Ord. No. 2008-02]

[2] The child or children residing with a permissible occupant, provided that child or children is or are of the age of 19 years or over; or

[3] The individual or individuals, regardless of age, residing with and providing physical or economic support to a permissible occupant.

[4] The foregoing occupancy restrictions shall not be construed to prohibit the occupants of any unit in an ARRD from entertaining guests, of any age, in their dwellings, including temporary residency not to exceed three months with no financial or other pecuniary consideration to be paid therefore.

[5] The proposed development would be required to contain an affordable housing element under qualifying regulations, consisting of a mandatory number of set-aside dwelling units provided at the rate of 15% of the total number of units in the development.

(3) Permitted principal uses. The principal uses of buildings in an ARRD shall be limited to the following:

(a) Dwellings of all types, provided that they comply with the area and bulk zoning requirements of this subsection.

(b) Recreation facilities.

(c) Sales and administrative offices required for the construction, sale, resale and management of the ARRD.

(d) Maintenance buildings.

(4) Permitted accessory uses. The accessory uses of buildings and structures in an ARRD shall be limited to the following:

(a) Club house and/or community buildings.

(b) Master television antenna system and/or cable television antenna/receptions facilities.

(c) Common parking areas for guest parking or dedicated for specific parking purposes such as a recreational vehicle and trailer parking.

(d) Buildings for storage of vehicles, equipment and supplies.

(e) Outbuildings and structures as part of recreation facilities.

(f) Such other facilities and uses commonly associated with the operation of an ARRD.

(5) Area requirements. The following area requirements shall apply to any ARRD.

(a) Maximum building coverage: 45% of the lot area for development of individual lots or 30% of the net tract area for dwelling units on common property.

[Amended 6-14-2001 by Ord. No. 01-31]

(b) Minimum open space: 30% of gross area of ARRD tract.

[1] Land area equal to a minimum of 30% of the tract of land proposed for an ARRD shall not be utilized for lot development and shall be set aside for open space.

[2] There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible.

[3] Land dedicated for open spaces shall include, wherever feasible, natural features, such as streams, brooks, wetlands, wooded areas, steep slopes and other natural features of scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements as may be found necessary by the Planning Board to ensure the attractiveness and suitability of the area as open space.

[4] Portions of the open space shall be developed to afford both passive and active recreational opportunities. A minimum of 5% of the required open space shall be developed to afford passive recreational opportunities. Passive recreational activities may include but are not limited to pedestrian paths, sitting areas and naturally preserved areas. Areas devoted to passive recreation shall be required in addition to active recreation areas. Active recreational areas shall include but are not limited to such facilities as swimming pools, tennis courts, golf facilities, bicycle paths and ball fields. The size, location and type of all such recreational facilities shall be approved by the Planning Board.

(6) Ownership, preservation and maintenance of common open space. The developer shall make provisions which ensure that the open space land shall continue as such and be properly maintained in perpetuity. The developer shall utilize the following method or such other method as approved by the Planning Board and Township Committee in ensuring the preservation and maintenance of common open space land:

(a) The developer shall provide for and establish an organization for the ownership and maintenance of all or a specified part of common open space land. The organization shall be a nonprofit homeowners' association corporation.

(b) The organization shall be organized by the developer and operated with financial subsidization by the developer, if necessary, before the sale of any lots within the development.

(c) Membership in the organization shall be mandatory for all residents of the ARRD.

(d) The organization shall be responsible for maintenance of insurance and payment of any taxes on common open space.

(e) The members of the organization shall be responsible for bearing equitably the costs of maintaining and developing common open space in accordance with procedures established by them.

(f) The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.

(g) In the event that the organization established to own and maintain a common open space or any successor organization shall at any time after establishment of the ARRD fail to maintain the common space in reasonable order and condition, in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the ARRD, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Said notice shall include a demand that deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the ARRD and/or to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for up to one year. Said entry and maintenance shall not vest in the public any rights to use the common open space, the use of which shall be restricted to the residents of the ARRD who are members of the homeowners' corporation, except when the common open space is voluntarily dedicated to the public by the residents and owners and said dedication is accepted. Before the expiration of one year, the Township shall, upon its own initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents and owners of the ARRD to show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

(h) The cost of such maintenance by the Township shall be assessed ratably against the properties within the ARRD that have a right of enjoyment of the common open space and shall become a tax lien on said properties.

(i) Provisions for the development plan relating to the use, bulk and location of buildings and structures, the quantity and location of buildings and structures, the quantity and location of common open space and the intensity of use or the density of residential units shall run in favor of the Township and shall be enforceable in law or in equity by the Township without limitation on any power of litigation otherwise granted the Township by law. The development plan shall specify which of its provisions run in favor of and are enforceable by the residents of the ARRD and, in addition, the manner in which such residents may modify or release such rights.

(j) The nonprofit homeowners' corporation shall be incorporated pursuant to the provisions of Title 15 of the New Jersey Statutes. The corporation shall be directed by a Board of Trustees or not less than seven nor more than 11 persons. The organization procedures and officers of the Board of Trustees shall be in accordance with the bylaws initially approved by the Township Attorney. They shall provide a mechanism for amendment by favorable vote of a specified majority.

(k) The initial Board of Trustees shall be appointed by the developer, and at least one member thereof shall be a resident of the development. In the event that there are not yet any residents at the time of appointment, at least one position shall be reserved for the later appointment of a resident. Such appointment shall occur within 90 days of the first day of occupancy by a resident who is other than an employee of the developer.

(l) The terms of the initial appointees of the Board of Trustees shall be staggered among terms of not less than one year and not more than three years. Thereafter, all appointed or elected terms shall be for a period of three years.

(m) The developer shall have the exclusive right to nominate and elect the members of the Board of Trustees for a period of 10 years from the date of the first sale or until the occupancy of 75% of all proposed units is effectuated, whichever shall first occur, provided, however, that at least one member of the Board of Trustees shall be a resident of the development other than an employee of the developer.

(n) After more than 75% of all proposed units in the development are occupied or after 10 years from the date of the first sale, whichever shall first occur, the replacement of the members of the Board of Trustees who resign or whose terms expire shall be by election by the resident members; provided, however, that the developer shall be assigned at least two seats on the Board of Trustees, to which it may appoint a person of its choice until all units in the proposed development have been occupied.

(o) Regardless of the manner in which common open space land is occupied or developed, all other areas of the development which are not occupied by buildings, public streets or other required and/or approved public improvements or by lots which are plotted for sale shall be deeded to the homeowner's corporation for maintenance.

(7) Procedural requirements.

(a) All subdivision plans, general development plan and/or site plans shall be submitted to the Planning Board in accordance with the requirements of Chapter 285, Site Plan Review, Chapter 297, Subdivision of Land, and of this chapter. Where facilities proposed to be built are other than residential dwellings, site plans shall be submitted for review and Planning Board action in conformity with this chapter and Chapter 285, Site Plan Review. A general development plan, in accordance with N.J.S.A. 40:55D-39c and 40:55D-45.1, is authorized in the age-restricted planned unit residential development zone.

(b) At such time as the applicant or developer shall submit a subdivision plan or site plan for approval, the following shall also be submitted.

[1] Covenants and restrictions for the community or any other plan for or restrictions upon the community property.

[2] Bylaws of the proposed homeowners' association.

[3] Proposed agreement of sale.

[4] Proposed form of deed.

[5] Title insurance certificate.

(c) Said documents shall be forwarded to the Planning Board and shall be subject to the review of the Planning Board and of the Township Committee as to their adequacy to ensure that the ARRD shall be constituted so as to be consistent with the purposes and requirements of this section. The proposed documents and restrictions shall indicate a comprehensive and equitable program for the orderly transition of control over the homeowners' association from the applicant or the developer to the actual homeowners in the community.

(d) In addition to the foregoing, it shall be mandatory for any applicant to provide the Planning Board and the Township Committee with copies of all submissions to be made to any state agency pursuant to the Retirement Community Full Disclosure Act at all stages of development.

(e) A fee of $1,000 or such fee as is determined, from time to time, by ordinance, shall be paid at the time of filing the aforesaid documents to aid the Planning Board in payment of professional fees to its experts in reviewing the aforesaid submissions. The aforesaid fee shall in no way be construed as a subdivision filing fee which is required under Chapter 297, Subdivision of Land or site plan filing fee required under Chapter 285, Site Plan Review. The Planning Board shall review the aforementioned submissions and shall advise the applicant of any deficiencies or divergence from the standards of the ARRD regulations. When and if an applicant has satisfied the requirements of this section, the applicant may make application for final subdivision approval pursuant to Chapter 297, Subdivision of Land or final site plan approval pursuant to Chapter 285, Site Plan Review, of the Code of the Township of Lacey. Any final approval of the Planning Board shall include a condition for submission and approval of the proposed master deed or deeds.

(f) Development of all the uses and facilities approved as part of the site plan or subdivision shall proceed at the same rate as the dwelling units. To assure compliance with this subsection, the Construction Official shall, from time to time following the approval of an ARRD, review of all the building permits issued for said ARRD and examine the construction which has taken place on the site. If he shall find that type of use, including recreational facilities, is being developed at less than a reasonably comparable rate with the dwelling units, he shall report such to the Planning Board and to the Township Committee. The Township may take such action as is deemed appropriate, including issuance of stop-work notices or revocation of building permits until such time as reasonable parity in development of the divergent uses is reached.

(8) Bulk requirements. The following bulk requirements shall apply to the applicable unit types in an ARRD:

(a) Detached dwellings on individual lots. All detached dwellings to be constructed on individual lots in an ARRD shall comply with and conform to the following requirements:

[1] Minimum lot area:

[a] Corner lot: 6,000 square feet.

[b] Interior lot: 5,000 square feet.

[2] Minimum lot width and frontage:

[a] Corner lot: 60 feet.

[b] Interior lot: 50 feet.

[c] In the case of an irregularly shaped lot, the minimum lot frontage may be reduced to 50% of the minimum requirement but not less than 40 feet.

[3] Minimum setbacks:

[a] Front yard: 20 feet.

[b] One side yard: six feet.

[c] Combined side yards: 15 feet.

[d] Rear yard: 20 feet.

[e] Side yard to detached accessory structures: six feet.

[f] Rear yard to detached accessory structures: six feet.

[g] Rear yard to attached accessory structures such as seasonal or screened enclosures: 10 feet.

[h] Heat, venting, air-conditioning, generators, or other mechanical equipment which emits noise shall not be permitted within two feet of any property line.

[Added 11-12-2020 by Ord. No. 2020-24]

[4] Maximum net density of 5.0 dwellings per acre.

(b) For attached dwellings on individual lots. All attached dwellings to be constructed on individual lots in an ARRD shall comply with and conform to the following requirements:

[1] Minimum lot width: 26 feet.

[2] Minimum setbacks:

[a] Front yard: 20 feet.

[b] Rear yard: 25 feet.

[3] For attached unit buildings oriented essentially side to side to each other, the minimum distance between it shall be 25 feet.

[4] Maximum building height: 35 feet.

[5] Maximum net density of 5.5 dwellings per acre.

(c) For attached dwellings on common property.

[1] Minimum setback from interior roadway or circulation driveway: 20 feet. (Increase to 30 feet for dwellings with garages.)

[2] Minimum setback from interior parking lot: 20 feet.

[3] Minimum distance between attached unit buildings:

[a] For attached unit buildings oriented essentially at 90º to each other, the minimum distance between shall be 35 feet.

[b] For attached unit buildings oriented essentially side to side to each other, the minimum distance between same shall be 25 feet.

[c] For attached unit buildings oriented essentially with parallel axis facing each other, the minimum distance between same shall be 50 feet.

[4] Maximum building height: 35 feet.

[5] Maximum net density: six dwellings per acre.

(d) Multiple dwellings on common property.

[1] Minimum setback from interior roadway or circulation driveway: 20 feet. (Increase to 30 feet for dwellings with garages.)

[2] Minimum setback from interior parking lot: 20 feet.

[3] Minimum distance between multiple dwelling buildings:

[a] For multiple dwelling buildings oriented essentially at  90º to each other, the minimum distance between same shall be 35 feet.

[b] For multiple dwelling buildings oriented essentially end-to-end to each other, the minimum distance between same shall be 25 feet.

[c] For multiple dwelling buildings oriented essentially with parallel axis facing each other, the minimum distance between same shall be 50 feet.

[4] Maximum building height: 45 feet not to exceed four stories.

[5] Maximum net density: 10 dwellings per acre for garden apartments, seven dwellings per acre for quadraplexes and six dwellings per acre for townhouses.

(e) Minimum parking requirements.

[1] For each detached unit (which shall include one garage space): 2.0 spaces.

[2] For each attached unit: 1.5 spaces.

[3] For each unit in a multiple dwelling building: 1.5 spaces.

[4] A private driveway with capacity for off-street parking of one automobile shall be deemed to constitute one parking space.

(f) Recreation facilities. Any ARRD shall contain and provide for the benefit, use and enjoyment of its residents the following recreation facilities:

[1] A recreation area which shall contain a recreation building comprised of at least eight square feet of floor area (inclusive of finished basement area) for each unit intended to be developed in the ARRD, exclusive of assisted living care facilities, or, if the developer proposed to develop the ARRD in phases or sections with separate recreation facilities for each phase, for each unit intended to be developed in the phase of section to be served by that recreation building, exclusive of assisted living care facilities.

[2] Swimming pools with a minimum aggregate area of either 2,500 square feet or an area equal to 4 square feet for each unit to be served by said pools, exclusive of assisted living care facilities, whichever is greater. Each swimming pool shall be serviced by an adjacent improved sitting area surrounding all sides of the pool with an aggregate area equal to 1 1/2 times the water surface area of the pool.

(g) Optional recreation facilities. An ARRD may provide, in addition to the recreation facilities prescribed in the previous subsection, any one or more of the following facilities:

[1] Executive golf course (ARRD golf course).

[2] Picnic/barbeque areas.

[3] Paddle tennis courts.

[4] Bocce courts.

[5] Jogging trail and/or walking paths.

[6] Tennis courts.

[7] Fitness/exercise courses and facilities.

[8] Gardening areas (including greenhouses).

[9] Shuffleboard courts.

[10] Such other activities which the Planning Board shall find to be consistent with the lifestyle of residents of an ARRD and which are subordinate to the residential character of an ARRD.

E. Commercial uses. As part of a PURD, commercial uses shall comply with the requirements of the O-C Office Commercial Zone of the Lacey Township Zoning Ordinance.

(1) Maximum area of the commercial use: five acres.

F. Assisted living care facilities (ALF): allowed within the SPD-1 Zone.

(1) Assisted living care facilities, which are required to be licensed by the State of New Jersey pursuant to N.J.S.A. 26:2H-1 et seq., shall be permitted to be developed at a ratio of 25 dwelling units per acre. See Schedule 1 for design standards and area and yard requirements.

	SCHEDULE 1
	Schedule of Area and Yard Requirements for Assisted Living Care Facilities (ALF)

	Minimum/Maximum	Assisted Living Care Facilities
	Principal building minimum
	Lot area (square feet)	4 acres
	Lot frontage	200 feet
	Lot width	200 feet
	Lot depth	300 feet
	Side yard, each	50 feet
	Front yard	75 feet
	Rear yard	75 feet
	Maximum height	45 feet, not to exceed 4 stories
	Maximum density	25 dwelling units per acre
	Accessory building minimum
	Distance to side line	50 feet
	Distance to rear line	50 feet
	Distance to other buildings	50 feet
	Maximum
	Building coverage of principal   building	30%
	Building coverage of accessory   building	5%

(2) Minimum parking requirements:

(a) For each three beds, plus 2.0 spaces.

(b) For each two employees: 1.5 spaces.

G. Independent living facilities: allowed within the SPD-1 Zone.

(1) Independent living facilities shall be permitted to be developed at a ratio of 15 dwelling units per acre. See Schedule 2 for design standards and area and yard requirements.

	Schedule 2
	Schedule of Area and Yard Requirements for Independent Living Facilities

	Minimum/Maximum	Independent Living Facilities
	Principal building minimum
	Lot area (square feet)	4 acres
	Lot frontage	200 feet
	Lot width	200 feet
	Lot depth	300 feet
	Side yard, each	50 feet
	Front yard	75 feet
	Rear yard	75 feet
	Maximum height	45 feet, not to exceed 4 stories
	Maximum density	15 dwelling units per acre
	Accessory building minimum
	Distance to side line	50 feet
	Distance to rear line	50 feet
	Distance to other buildings	50 feet
	Maximum
	Building coverage of principal   building	30%
	Building coverage of accessory   building	5%

(2) Minimum parking requirements:

(a) For each unit: 1.5 spaces.

§ 335-58 O-C Office-Commercial Zone.

[Added 2-5-1981 by Ord. No. 4A-81]

A. Permitted uses. Within the O-C Office-Commercial Zone, no premises, lot, land area, building or structure shall be used, and no building or structure shall be erected or altered, to be used in whole or in part unless it complies with the schedule of general regulations, the regulations of this chapter, and is used wholly for one or more of the following uses:

(1) Offices and office buildings of professional persons, such as, but not limited to, accountants, architects, dentists, engineers, lawyers, physicians and realtors.

(2) Municipal buildings and other governmental and/or public uses, but not including warehouses, workshops or other such uses or activities.

(3) Retail establishments where goods are sold or personal services are rendered to the general public and which, by reason of the size of the establishment, the nature of the goods sold or services rendered, and the scale, nature and character of the activity and facility, clearly relates to serving the convenience of the local community. Examples of permitted uses are as follows: bakeshop, banks, barber or beauty shop, bookstore, clothing and accessories shop, delicatessen, gift shop, pharmacy and yard goods shop.

(4) Uses similar in character, including accessory uses, to the above-described permitted uses.

[Added 12-26-1996 by Ord. No. 96-63; amended 7-24-1997 by Ord. No. 97-30]

(5) Churches and other places of worship, Sunday school buildings and parish houses for the presbyter and ministerial staff, provided that such use constitutes a tax-exempt organization duly recognized as such pursuant to Section 501(d) of the United States Internal Revenue Code of 1954[1] or any such future corresponding provisions of the United States Code as may hereinafter be duly enacted.

[Added 7-13-2017 by Ord. No. 2017-18]

[1] Editor's Note: See 26 U.S.C. § 501(d).

(6) Public schools and parochial schools.

[Added 7-13-2017 by Ord. No. 2017-18]

(7) Public recreational and community center buildings and grounds.

[Added 7-13-2017 by Ord. No. 2017-18]

(8) Private, nonprofit recreational and community buildings, clubs and activities of quasi-public, social, fraternal or recreational character, such as golf and tennis clubs, camps and veterans' or fraternal organizations which are not of a commercial character.

[Added 7-13-2017 by Ord. No. 2017-18]

(9) Nursery schools and day-care centers.

[Added 7-13-2017 by Ord. No. 2017-18]

(10) Public recreational and community center buildings and grounds.

[Added 7-13-2017 by Ord. No. 2017-18]

(11) Public libraries and museums.

[Added 7-13-2017 by Ord. No. 2017-18]

B. Conditional uses by permit. In addition to the above-described permitted uses for the O-C Office-Commercial Zone, the following shall be classified as conditional uses subject to the approval of the Planning Board upon compliance with the standards and regulations set forth in § 335-78 of this chapter:

[Amended 12-26-1996 by Ord. No. 96-63; 7-24-1997 by Ord. No. 97-30]

(1) Multiple commercial structures.

(2) Restaurants and other such eating establishments wherein the principle use consists of the sale of food and beverages for on-premises consumption, but excluding fast-food operations, as defined in § 335-58C(1).

(3) Liquor stores in accordance with § 335-78C(20) and additional applicable provisions of § 335-78C.

[Added 12-23-2004 by Ord. No. 2004-58]

C. Prohibited uses. Uses of the following nature are not permitted under any circumstances in the O-C Office-Commercial Zone:

(1) "Fast-food operations," which, for the purposes of this section, are defined as follows: a building, structure or other establishment which has as its principal business the sale of preprepared or quickly prepared food or drink in disposable containers or wrappers, for consumption either on or off the premises, whether or not interior seating facilities are provided, except that a retail grocery delicatessen or other store selling food items primarily for home preparation or home consumption shall not be considered a prohibited fast-food operation under this chapter.

(2) Taverns and other such establishments wherein the use consists, in whole or in part, of the sale of alcoholic beverages for on-premises consumption.[2]

[2] Editor's Note: Former Subsection C(3), which immediately followed this subsection and dealt with liquor stores, was repealed 12-23-2004 by Ord. No. 2004-58. Former Subsection C(4), which followed that subsection and dealt with restaurants, was repealed 12-26-1996 by Ord. No. 96-63.

D. Special development standards for O-C Office-Commercial Zone.

(1) Driveways, driveway openings and curb cuts.

(a) All development and use of land within this zone shall be designed and operated in such a manner that driveway openings, curb cuts or other access areas for the passage of vehicular traffic directly between any off-street parking areas and the public highway presently and commonly known as Lacey Road are to be eliminated wherever feasible.

(b) Driveways, driveway openings, curb cuts or other means of access for the passage of vehicular traffic from any site or off-street parking area to an abutting residential street are prohibited.

(2) [3]In the event that more than one principal building or structure is constructed, developed or otherwise used on any one lot, there shall be a minimum distance of 10 feet between each such principal building.

[3] Editor's Note: Former Subsection D(2), dealing with retail establishment use, was repealed 7-24-1997 by Ord. No. 97-30, which ordinance also renumbered former Subsection D(3) as Subsection D(2).

E. Anything contained within the Zoning Ordinance of the Township of Lacey notwithstanding, with respect to any single-family residential dwelling in existence on the date of the adoption of this amendatory subsection and located within the boundaries of the O-C Office-Commercial Zone, the minimum building setbacks on front, side and rear, for both principal and accessory structures, shall be those established for the R-75 Zone for both interior and corner lots as set forth in Tables 2 and 3[4] of Chapter 335 of the Lacey Township Code.

[Added 7-23-1998 by Ord. No. 98-25]

[4] Editor's Note: Tables 2 and 3 are located at the end of this chapter.

F. Types of housing permitted as an accessory use.

[Added 9-12-2013 by Ord. No. 2013-26]

(1) Dwelling units in mixed-use buildings.

(a) Any building containing both residential and nonresidential uses shall have a secured entrance for the residential uses.

(b) No dwelling unit shall be permitted on the same floor level as a nonresidential use.

(c) Dwelling units shall be permitted only in buildings in which the ground floor is devoted to retail sales, professional office or personal service uses.

(d) Dwelling units shall be no less than 700 square feet in area.

(e) A maximum of two apartments shall be permitted unless age-restricted.

§ 335-59 RO-150 Residential and Office Park Zone.

A. In an RO-150 Residential and Office Park Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose except as follows:

(1) Detached one-family dwellings in accordance with the requirements of the R-75 Residence Zone when constructed as an element of an approved residential subdivision consisting of 20 or more lots platted on lands abutting the boundary of an adjacent R-75 Zone.

(2) Office buildings of professional persons, such as but not limited to physicians, dentists, engineers, architects, lawyers and accountants.

(3) Buildings of personal and business service establishments, such as but not limited to realtors, stockbrokers, computer services, builders and developers not including storage of construction materials and equipment, catalog sales rooms, product showrooms, small equipment repairs and public utility offices.

(4) Buildings housing corporate office headquarters and branch operations.

(5) Buildings housing research and development laboratories and offices, but not including pilot plant and prototype processing, handling or manufacturing operations.

(6) Commercial-office parks incorporating facilities for housing all of the above, except dwellings, and providing for the integrated development of facilities to house and serve five or more independent uses in three or more buildings.

(7) Municipal buildings and other governmental and/or public uses.

(8) Nursing homes and assisted living care facilities.

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

(9) Senior citizen community resource centers.

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

B. Conditional uses by permit. In addition to the above-described permitted uses for the RO-150 Zone, there shall be permitted in this zone uses of the following nature upon obtaining a conditional use permit from the Planning Board, subject to the standards and regulations set forth in § 335-78 of this chapter.

[Added 5-12-2005 by Ord. No. 2005-41[1]; amended 8-9-2007 by Ord. No. 2007-25]

(1) Age-restricted multifamily development.

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsection B as Subsection C.

C. All developments and uses of land within an RO-150 Zone shall be designed and operated in a way that will tend to minimize driveway and road openings directly onto Lacey Road. Consideration shall be given to such features as combining driveways to serve two or more adjacent lots and uses, interconnection of parking areas on adjacent lots and confining access to intersecting side streets where feasible.

§ 335-60 C-150 Highway Business Zone.

A. Permitted uses. Within the C-150 Highway Business Zone, no premises, lot, land area, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) Retail establishments where goods are sold or personal services are rendered to the general public and which, by reason of the size of the establishment, the nature of the goods sold or services rendered and the scale, nature and character of the activity and facility, clearly relate to serving the convenience of the local community; examples: bank, bakeshop, bookstore, pharmacy, gift shop, clothing and accessories shop, yard goods shop, delicatessen, barber- or beauty shop, lawyer's office, income tax service, snack shop, dry-cleaning store and other such uses.

[Amended 12-8-1983 by Ord. No. 33-83]

(2) Offices of public utilities and dial or switching equipment buildings.

(3) Municipal buildings and other governmental and/or public uses, but not including warehouses, workshops, garages or other such uses or activities.

(4) [1]Shopping centers and multiple structures.

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

[1] Editor's Note: Former Subsection A(4), dealing with detached one-family dwellings, was repealed 5-11-1995 by Ord. No. 95-20.

(5) Office buildings of professional persons, such as but not limited to physicians, dentists, engineers, lawyers, realtors, accountants and architects.

(6) Contractors' and builders' offices.

(7) Clubs, lodges, association buildings and meeting rooms and halls.

(8) Commercial advertising structures subject to the Township ordinance regulating signs within the Township.

(9) Miniature golf and archery ranges.

(10) Commercial uses, including accessory uses similar in character to the above-described uses, provided the commercial uses are conducted entirely within a structure and no outside storage is associated therewith.

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

(11) Restaurants.

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

(12) Churches and other places of worship, Sunday school buildings and parish houses for the presbyter and ministerial staff, provided that such use constitutes a tax-exempt organization duly recognized as such pursuant to Section 501(d) of the United States Internal Revenue Code of 1954[2] or any such future corresponding provisions of the United States Code as may hereinafter be duly enacted.

[Added 7-13-2017 by Ord. No. 2017-18]

[2] Editor's Note: See 26 U.S.C. § 501(d).

(13) Public schools and parochial schools.

[Added 7-13-2017 by Ord. No. 2017-18]

(14) Public recreational and community center buildings and grounds.

[Added 7-13-2017 by Ord. No. 2017-18]

(15) Private, nonprofit recreational and community buildings, clubs and activities of quasi-public, social, fraternal or recreational character, such as golf and tennis clubs, camps and veterans' or fraternal organizations which are not of a commercial character.

[Added 7-13-2017 by Ord. No. 2017-18]

(16) Nursery schools and day-care centers.

[Added 7-13-2017 by Ord. No. 2017-18]

(17) Public recreational and community center buildings and grounds.

[Added 7-13-2017 by Ord. No. 2017-18]

(18) Public libraries and museums.

[Added 7-13-2017 by Ord. No. 2017-18]

B. Conditional uses by permit. In addition to the above-described permitted uses for the C-150 Highway Business Zone, there shall be permitted in this zone commercial uses of the following nature or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board subject to the standards and regulations set forth in § 335-78 of this chapter:

[Amended 12-8-1983 by Ord. No. 33-83; 9-13-1984 by Ord. No. 45-84; 12-26-1996 by Ord. No. 96-63; 7-24-1997 by Ord. No. 97-30]

(1) Commercial uses similar in character to the above-described permitted uses, but which propose outdoor storage.

(2) Motor vehicle repair garages.

(3) Motor vehicle service stations.

(4) Automobile body shops.

(5) Motels.

C. Prohibited uses. Residential structures are generally prohibited uses within the C-150 Highway Business Zone unless specifically permitted under the terms of this section. Residential structures lawfully existing within the C-150 Highway Business Zone on the date of the adoption of this chapter shall be permitted to continue as nonconforming uses. Expansion of residential structures covered by this subsection shall be permitted within the C-150 Highway Business Zone without variance relief, provided that said expansion will not extend the structure into a setback area. For the purposes of this section only, the setbacks governing such preexisting nonconformities shall be those of the R-75 Zone.

[Added 5-11-1995 by Ord. No. 95-20; 9-12-2013 by Ord. No. 2013-26]

D. Types of housing permitted and conditions thereon.

[Added 9-12-2013 by Ord. No. 2013-26]

(1) As an accessory use:

(a) Dwelling units in mixed-use buildings and accessory buildings.

[1] Any building containing both residential and nonresidential uses shall have a secured entrance for the residential uses.

[2] No dwelling unit shall be permitted on the same floor level as a nonresidential use.

[3] Dwelling units shall be permitted only in buildings in which the ground floor is devoted to retail sales, professional office or personal service uses.

[4] Dwelling units shall be no less than 700 square feet in area.

[5] A maximum of two apartments shall be permitted unless age-restricted.

(2) As a conditional use:

(a) Townhouses.

(b) Condominiums.

(3) Location restrictions. Multifamily residential buildings shall be permitted no closer than 500 feet from the right-of-way of Lacey Road.

(4) Permitted density. The maximum permitted density shall be eight units per gross acre.

[Amended 11-22-2022 by Ord. No. 2022-40]

(5) Area and size requirements.

(a) The minimum tract size shall be 45,000 square feet.

(b) The maximum building coverage shall be 30% of the gross tract area.

(c) The minimum open space shall be 30% of the gross tract area. Natural features shall be preserved to the maximum extent. Open space may include recreational amenities.

(d) No fewer than four dwelling units shall be allowed in any project.

(6) Bulk requirements (principal structures):

(a) The minimum setbacks for buildings from an exterior roadway shall be 50 feet, except that the minimum setback from Route 9 shall be 100 feet. Buildings shall not front on an exterior roadway without the provision of either an intervening parking area or a vegetated screening buffer a minimum of 50 feet in width.

(b) The minimum setbacks for buildings facing interior roadways or circulation driveways shall be 20 feet, which shall be increased to 35 feet for dwellings with garages.

[Amended 11-22-2022 by Ord. No. 2022-40]

(c) The minimum setbacks for buildings from interior parking lots shall be 20 feet.

(d) The minimum distances between buildings shall be as follows:

[1] For attached unit buildings oriented essentially at 90° to each other, the minimum distance between same shall be 90 feet.

[2] For attached unit buildings oriented essentially side-to-side to each other, the minimum distance between shall be 50 feet.

[3] For attached unit buildings oriented essentially with parallel axis facing each other, the minimum distance between same shall be 50 feet.

(e) The maximum height of buildings shall be 45 feet, but a maximum of three stories.

(f) The minimum distance from any lot line that is adjacent to a residential zone shall be 50 feet.

(g) The minimum rear or side yard setback from any exterior lot line shall be 50 feet.

(7) Bulk requirements (accessory structures):

(a) The minimum rear or side yard setback from any exterior lot line shall be 50 feet.

(b) The minimum rear or side yard setback shall be 20 feet.

(c) The maximum height of accessory buildings shall be 16 feet.

(8) Minimum parking requirements:

(a) The minimum number required parking spaces shall be 2.0 spaces per unit.

(b) Additional spaces shall be provided for sales, rental and administrative offices at the rate of one space per 200 square feet of gross floor area.

(c) A private driveway to a unit with capacity for off-street parking of one automobile shall be deemed to constitute one parking space.

(9) Buffer requirements. Buffer requirements shall be provided in accordance with the requirements for planned residential developments, as contained in § 335-48B(2), except that the minimum required buffer of 50 feet may include required yard areas, stormwater management areas, underground utilities and other site plan elements such as parking areas.

(10) Additional requirements:

(a) All units that have an attached garage that is used to meet the required parking demand under the residential site improvement standards are prohibited from being converted to living space.

(b) All first-floor units shall be constructed to be barrier-free adaptable.

(c) Ownership, preservation and maintenance of open space. The developer shall make provisions which ensure that common areas and open space shall continue as such be properly maintained in perpetuity. The developer shall utilize such methods as approved by the Planning Board and Township Committee in ensuring the preservation and maintenance of common areas and open space.

§ 335-61 C-200 Limited Business Zone.

[Added 12-22-1983 by Ord. No. 36-83]

A. Permitted uses. No premises, lot, land area, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the General Schedule of Area, Yard and Building Requirements and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) All uses set forth as permitted under § 335-60A for the C-150 Highway Business Zone, with the exception that no residential use shall be permitted.

(2) Dwelling units in mixed-use buildings and accessory buildings shall be permitted as an accessory use, subject to the following requirements:

[Added 9-12-2013 by Ord. No. 2013-26]

(a) Any building containing both residential and nonresidential uses shall have a secured entrance for the residential uses.

(b) No dwelling unit shall be permitted on the same floor level as a nonresidential use.

(c) Dwelling units shall be permitted only in buildings in which the ground floor is devoted to retail sales, professional office or personal service uses.

(d) Dwelling units shall be no less than 700 square feet in area.

(e) A maximum of two apartments shall be permitted unless age-restricted.

(3) Churches and other places of worship, Sunday school buildings and parish houses for the presbyter and ministerial staff, provided that such use constitutes a tax-exempt organization duly recognized as such pursuant to Section 501(d) of the United States Internal Revenue Code of 1954[1] or any such future corresponding provisions of the United States Code as may hereinafter be duly enacted.

[Added 7-13-2017 by Ord. No. 2017-18]

[1] Editor's Note: See 26 U.S.C. § 501(d).

(4) Public schools and parochial schools.

[Added 7-13-2017 by Ord. No. 2017-18]

(5) Public recreational and community center buildings and grounds.

[Added 7-13-2017 by Ord. No. 2017-18]

(6) Private, nonprofit recreational and community buildings, clubs and activities of quasi-public, social, fraternal or recreational character, such as golf and tennis clubs, camps and veterans' or fraternal organizations which are not of a commercial character.

[Added 7-13-2017 by Ord. No. 2017-18]

(7) Nursery schools and day-care centers.

[Added 7-13-2017 by Ord. No. 2017-18]

(8) Public recreational and community center buildings and grounds.

[Added 7-13-2017 by Ord. No. 2017-18]

(9) Public libraries and museums.

[Added 7-13-2017 by Ord. No. 2017-18]

B. Conditional uses by permit. In addition to the above-described permitted uses for the C-200 Limited Business Zone, there shall be permitted in this zone commercial uses of the following nature or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board, subject to the standards and regulations set forth in § 335-78 of this chapter.

(1) All uses set forth as conditional uses by permit under § 335-60B for the C-150 Highway Business Zone, which uses shall also be subject to any additional standards and regulations set forth thereunder.

(2) Age-restricted multifamily residential development.

[Added 4-12-2001 by Ord. No. 01-23]

(3) Townhouses and condominiums.

[Added 9-12-2013 by Ord. No. 2013-26]

C. Additional multifamily requirements.

[Added 9-12-2013 by Ord. No. 2013-26]

(1) Location restrictions. Multifamily residential buildings shall be permitted no closer than 500 feet from the right-of-way of Lacey Road.

(2) Permitted density. The maximum permitted density shall be eight units per gross acre.

[Amended 11-22-2022 by Ord. No. 2022-40]

(3) Area and size requirements:

(a) The minimum tract size shall be five acres area.

[Amended 7-14-2022 by Ord. No. 2022-23]

(b) The maximum building coverage shall be 30% of the gross tract area.

(c) The minimum open space shall be 30% of the gross tract area. Natural features shall be preserved to the maximum extent. Open space may include recreational amenities.

(4) Bulk requirements (principal structures):

(a) The minimum setbacks for buildings from an exterior roadway shall be 50 feet, except that the minimum setback from Route 9 shall be 100 feet. Buildings shall not front on an exterior roadway without the provision of either an intervening parking area or a vegetated screening buffer a minimum of 50 feet in width.

(b) The minimum setbacks for buildings facing interior roadways or circulation driveways shall be 20 feet, which shall be increased to 35 feet for dwellings with garages.

[Amended 11-22-2022 by Ord. No. 2022-40]

(c) The minimum setbacks for buildings from interior parking lots shall be 20 feet.

(d) The minimum distances between buildings shall be as follows:

[1] For attached unit buildings oriented essentially at 90° to each other, the minimum distance between same shall be 35 feet.

[2] For attached unit buildings oriented essentially side-to-side to each other, the minimum distance between shall be 25 feet.

[3] For attached unit buildings oriented essentially with parallel axis facing each other, the minimum distance between same shall be 50 feet.

(e) The maximum height of buildings shall be 45 feet, but a maximum of three stories.

(f) The medium distance from any lot line that is adjacent to a residential zone shall be 50 feet.

(g) The minimum rear or side yard setback from any exterior lot line shall be 50 feet.

(5) Bulk requirements (accessory structures):

(a) The minimum rear or side yard setback from any exterior lot line shall be 50 feet.

(b) The minimum rear or side yard setback shall be 20 feet.

(c) The maximum height of accessory buildings shall be 16 feet.

(6) Minimum parking requirements:

(a) The minimum number of required parking spaces shall be 2.0 spaces per unit.

(b) Additional spaces shall be provided for sales, rental and administrative offices at the rate of one space per 200 square feet of gross floor area.

(c) A private driveway to a unit with capacity for off-street parking of one automobile shall be deemed to constitute one parking space.

(7) Buffer requirements. Buffer requirements shall be provided in accordance with the requirements for planned residential developments, as contained in § 335-48B(2); except that the minimum required buffer of 50 feet may include required yard areas, stormwater management areas, underground utilities and other site plan elements such as parking areas.

(8) Additional requirements:

(a) Garages that are used to meet the required parking demand under the residential site improvement standards are prohibited from being converted to living space.

(b) All first-floor units shall be constructed to be barrier-free adaptable.

(c) Ownership, preservation and maintenance of open space. The developer shall make provisions which ensure that common areas and open space shall continue as such and be properly maintained in perpetuity. The developer shall utilize such methods as approved by the Planning Board and Township Committee in ensuring the preservation and maintenance of common areas and open space.

§ 335-62 C-300 Limited Business Zone.

A. Permitted uses. Within the C-300 Limited Business Zone, no premises, lot, land area, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) All uses set forth as permitted uses under § 335-60A for the C-150 Highway Business Zone, except that no residential use shall be permitted.

B. Conditional uses by permit. In addition to the above-described permitted uses for the C-300 Limited Business Zone, there shall be permitted in this zone commercial uses of the following nature or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board, subject to the standards and regulations set forth in § 335-78 of this chapter.

(1) All uses set forth as conditional uses by permit under § 335-60B for the C-150 Highway Business Zone, which uses shall also be subject to any additional standards and regulations set forth thereunder.

§ 335-63 C-100 Marine Commercial Zone.

A. Permitted uses. Within the C-100 Marine Commercial Zone, no premises, lot, land area, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) Restaurant and luncheonette.

(2) Automobile parking areas.

(3) Marine services consisting of the following:

(a) Dockage.

(b) Boat hauling.

(c) Boat repairs.

(d) Marine radio sales and service.

(e) Marine gasoline stations on docks or bulkheads.

(f) Boat building.

(4) Marine engine sales and repairs.

(5) Boat sales.

(6) Marine supplies and equipment.

(7) Outside storage of boats and other equipment normally associated with permitted uses in the C-100 Marine Commercial Zone.

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

(8) Office for marine surveyors, brokers and insurers.

(9) Detached one-family dwellings in accordance with the requirements of the R-80 Residence Zone.

[Added 9-18-1980 by Ord. No. 25-80; amended 2-11-1988 by Ord. No. 8-88; 5-26-1988 by Ord. No. 15-88; 7-24-1997 by Ord. No. 97-30]

(10) Uses similar in character, including accessory uses, to the above-described permitted uses.

[Added 9-18-1980 by Ord. No 25-80; amended 7-24-1997 by Ord. No. 97-30]

(11) Bed-and-breakfast as defined.

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

(12) Dwelling units in mixed-use buildings and accessory buildings shall be permitted as an accessory use, subject to the following requirements:

[Added 9-12-2013 by Ord. No. 2013-26]

(a) Any building containing both residential and nonresidential uses shall have a secured entrance for the residential uses.

(b) No dwelling unit shall be permitted on the same floor level as a nonresidential use.

(c) Dwelling units shall be permitted only in buildings in which the ground floor is devoted to retail sales, professional office or personal service uses.

(d) Dwelling units shall be no less than 700 square feet in area.

(e) A maximum of two apartments shall be permitted unless age-restricted.

B. [1]Conditional uses by permit. In addition to the above-described permitted uses for the C-100 Marine Commercial Zone, townhouses and condominiums shall be permitted upon obtaining a conditional use permit from the Planning Board, subject to the standards and regulations set forth in § 335-78 of this chapter.

[Added 9-12-2013 by Ord. No. 2013-26]

[1] Editor's Note: Former Subsection B, Conditional uses by permit, as amended, was repealed 7-24-1997 by Ord. No. 97-30.

C. Additional multifamily requirements:[2]

[Added 9-12-2013 by Ord. No. 2013-26]

(1) Location restrictions. Multifamily residential buildings shall be permitted no closer than 500 feet from the right-of-way of Lacey Road.

(2) Permitted density. The maximum permitted density shall be eight units per gross acre.

[Amended 11-22-2022 by Ord. No. 2022-40]

(3) Area and size requirements:

(a) The maximum tract size shall be five acres.

(b) The maximum building coverage shall be 30% of the gross tract area.

(c) The minimum open space shall be 30% of the gross tract area. Natural features shall be preserved to the maximum extent. Open space may include recreational amenities.

(4) Bulk requirements (principal structures):

(a) The minimum setbacks for buildings from an exterior roadway shall be 50 feet, except that the minimum setback from Route 9 shall be 100 feet. Buildings shall not front on an exterior roadway without the provision of either an intervening parking area or a vegetated screening buffer a minimum of 50 feet in width.

(b) The minimum setbacks for buildings facing interior roadways or circulation driveways shall be 20 feet, which shall be increased to 35 feet for dwellings with garages.

[Amended 11-22-2022 by Ord. No. 2022-40]

(c) The minimum setbacks for buildings from interior parking lots shall be 20 feet.

(d) The minimum distances between buildings shall be as follows:

[1] For attached unit buildings oriented essentially at 90° to each other, the minimum distance between same shall be 35 feet.

[2] For attached unit buildings oriented essentially side-to-side to each other, the minimum distance between shall be 25 feet.

[3] For attached unit buildings oriented essentially with parallel axis facing each other, the minimum distance between same shall be 50 feet.

(e) The maximum height of buildings shall be 45 feet, but a maximum of three stories.

(f) The minimum distance form any lot line that is adjacent to a residential zone shall be 50 feet.

(g) The minimum rear or side yard setback from any exterior lot line shall be 50 feet.

(5) Bulk requirements (accessory structures):

(a) The minimum rear or side yard setback from any exterior lot line shall be 50 feet.

(b) The minimum rear or side yard setback shall be 20 feet.

(c) The maximum height of accessory buildings shall be 16 feet.

(6) Minimum parking requirements:

(a) The minimum number of required parking spaces shall be 2.0 spaces per unit.

(b) Additional spaces shall be provided for sales, rental and administrative offices at the rate of one space per 200 square feet of gross floor area.

(c) A private driveway to a unit with capacity for off-street parking of one automobile shall be deemed to constitute one parking space.

(7) Buffer requirements. Buffer requirements shall be provided in accordance with the requirements for planned residential developments, as contained in § 335-48B(2); except that the minimum required buffer of 50 feet may include required yard areas, stormwater management areas, underground utilities and other site plan elements such as parking areas.

(8) Additional requirements:

(a) Garages that are used to meet the required parking demand under the residential site improvement standards are prohibited from being converted to living space.

(b) All first-floor units shall be constructed to be barrier-free adaptable.

(c) Ownership, preservation and maintenance of open space. The developer shall make provisions which ensure that common areas and open space shall continue as such and be properly maintained in perpetuity. The developer shall utilize such methods as approved by the Planning Board and Township Committee in ensuring the preservation and maintenance of common areas and open space.

[2] Editor's Note: Former Subsection C, entitled "High-density waterfront development regulations," added 12-22-1983 by Ord. No. 36-83 was repealed 8-8-1985 by Ord. No. 20-85.

§ 335-63.1 M-1 Business Park Zone.

[Added 12-26-1996 by Ord. No. 96-63; amended 12-22-2016 by Ord. No. 2016-17]

A. Permitted uses. Within the M-1 Business Park Zone, no premises, lot, land area, building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations of this chapter and is used for one or more of the following uses:

(1) All uses permitted within the M-2 Limited Industrial Zone.

(2) Light industrial commercial uses where goods are manufactured, fabricated, warehoused, finished or services rendered to the general public and which, by reason of the size of the establishment, nature of the goods sold or services rendered, and the scale, nature and character of the activity and facility, are similar to the following examples:

(a) Contractors' yards and offices;

(b) Fabrication of sheet metal products;

(c) Light machine shops, welding shops, woodworking and cabinetmaking shops;

(d) Clothing and wearing apparel manufacture;

(e) Manufacture and assembly of electrical, electronic and small mechanical devices;

(f) Assembly of doors, windows, sash or trim for building construction;

(g) Manufacture of toys, novelties and similar goods;

(h) Finishing and fabrication of paper products not involving wood pulp processing;

(i) Warehousing and freight forwarding;

(j) Exercise facilities, including, but not limited to, fitness and gymnastic centers;

(k) Automobile repair shops and automobile parts sales; and

(l) Recycling facilities as defined.

(3) Firearms sales shops, such as guns, shotguns, rifles, pistols, revolvers or other similar devices, and the ammunition associated with the same, pursuant to state law.

(4) Medical cannabis dispensaries.

[Added 7-8-2020 by Ord. No. 2020-15; amended 5-13-2021 by Ord. No. 2021-12]

B. Conditional uses.

(1) Sexually oriented businesses such as, but not limited to, adult cabaret, adult media store, adult motion-picture theatre, video arcade and/or sex shop, etc. The following general conditions are applicable to sexually oriented businesses as defined in § 335-3, where they are not prohibited. This use may only be permitted upon receipt of a condition use permit from the Planning Board and any other applicable requirements of this chapter or the Planning Board.

(a) No establishment shall be located closer than 1,000 feet to any school, hospital, church, library, park, playground, public building or recreational facility.

(b) No establishment shall be located closer than 3,000 feet to any other sexually oriented business, tattoo, body piercing or branding establishment.

(c) No establishment shall be located closer than 2,000 feet to an area zoned residential, neighborhood commercial, or mixed-use development.

(d) When any existing building is converted from any use to said establishments, a full and complete site plan shall be submitted and reviewed in accordance with the provisions of this chapter.

(e) An establishment shall only be located in a freestanding commercial building.

(f) In addition to district-specific sign regulations, the use of neon signs on sexually oriented business establishments, in window displays, or use in any other manner is prohibited.

§ 335-64 M-2 Limited Industrial Zone.

A. Permitted uses. Within the M-2 Limited Industrial Zone, no premises, lot, land area, building or structure or part thereof shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) Executive and administrative offices of public or private corporations or institutions.

(2) Educational and research activities and related service activities conducted by any of the following:

(a) Public and private education institutions.

(b) Scientific or research laboratories of private corporations, institutions or other agencies devoted solely to research, design and experimentation.

(3) Printing, photograph reproduction or the manufacture of equipment or supplies therefor, except that no such use is permitted which constitutes the manufacture of chemicals or produces liquid or gaseous chemicals as a significant waste by-product.

(4) Manufacture or assembly of electronics equipment, electronics parts and components, electrical machinery or electrical equipment of any nature, except wherein atomic power or radioactive materials are used in the manufacture.

(5) Manufacture or assembly of radios, telephone or other communication equipment or parts therefor.

(6) Manufacture of optical instruments or supplies.

(7) Manufacture of musical instruments or supplies.

(8) Publishing companies.

(9) Manufacture or assembly of clocks and time pieces.

(10) Manufacture or assembly of surgical and like medical instruments.

(11) Manufacture or assembly of typewriters.

B. Conditional uses by permit. In addition to the above-described permitted uses for the M-2 Limited Industrial Zone, there may be permitted in this zone such uses of a general limited industrial nature or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board subject to the standards and regulations set forth in § 335-78 of this chapter.

C. Special development standards for the M-2 Limited Industrial Zone. Development shall occur only in accordance with an approved overall plan for an area of not less than 10 acres. Construction may be staged and subdivision may occur after approval of the overall plan, provided that:

(1) Adherence to the approved plan shall be a condition of subdivision approval.

(2) No individual lot of less than two acres shall be created.

(3) Initial construction shall contain not less than 5,000 square feet of gross floor area for each individual building.

(4) Development shall occur at a rate of not less than two acres at one time.

(5) Frame or masonry buildings shall be permitted in the M-2 Zone, and the general design and development of the buildings in the M-2 Zone shall be indicated on the site plan as submitted or by schedule annexed thereto. The plans for the buildings to be erected in this zone shall also be submitted with the site plan and approved prior to the issuance of a building permit.

(6) In accordance with the standards of Chapter 285, Site Plan Review, each use located in the M-2 Zone shall provide truck loading and unloading facilities on the same lot and in other than the required front yard so as to permit the transfer of goods in other than a public street or front yard area.

(7) Buffer zones and screening strips. Buffer zones and screening strips shall be provided in accordance with the standards and regulations of §§ 335-48 and 335-68 of this chapter as they pertain to buffer zones and screening strips and performance standards.

(8) Off-street parking. Off-street parking shall be provided in accordance with the standards and regulations applicable to the M-2 Zone as set forth in § 335-49 of this chapter.

(9) Underground utilities. All utilities shall be placed underground unless the Planning Board shall determine that such installation is deemed impractical.

(10) Required findings by Planning Board. Prior to approval of any development, the Planning Board shall find the following facts and conclusions:

(a) That the development conforms to the standards and regulations applicable to such development set forth or incorporated by reference in §§ 335-64, 335-66, 335-67 and 335-68 of this chapter.

(b) That the proposals for maintenance of the common open space are reliable, and the amounts, location and purpose of the common open space are adequate.

(c) That, through the physical design of the proposed development, provisions for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, and visual enjoyment are adequate.

(d) That the proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

(e) In the case of a development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the owners or lessees of the proposed development in the total completion of the development are adequate.

§ 335-65 M-6 Industrial Zone.

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

A. Permitted uses. Within the M-6 Industrial Zone, no premises, lot, land area, building or structure or part thereof shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) All uses permitted in the M-2 Medium Industrial Zone, except that no airport uses as set forth herein before as a conditional use by permit for the M-2 Zone shall be permitted in the M-6 Industrial Zone.

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

(2) Manufacture or assembly of elevators or elevator equipment.

(3) Enameling or electroplating.

B. Conditional uses by permit. In addition to the above-described permitted uses for the M-6 Industrial Zone, there may be permitted in this zone, except for airport uses such as set forth as a conditionally permitted use for the M-2 Limited Industrial Zone, such uses of a general industrial nature or necessary accessories to one of the above-described permitted uses upon obtaining a conditional use permit from the Planning Board subject to the standards and regulations set forth in § 335-78 of this chapter. The following use, specified as one for which such a conditional use permit is required, shall not be construed as an exclusive listing of those uses for which a conditional use permit is required:

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

(1) Manufacture of chemicals and chemical products when such manufactured products are manufactured under control so as to assure against poisonous or unstable or hazardous chemicals or components being kept or used in such manner as may tend to create a public nuisance or danger or tend to start a conflagration.

§ 335-65.1 M-100 Industrial Zone.

[Added 12-22-2009 by Ord. No. 2009-23]

A. Permitted uses. Within the M-100 Industrial Zone, no premises, lot, land area, building or structure or part thereof shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) All uses permitted in the M-2 Medium Industrial Zone and M-6 Industrial Zone, except that no airport uses as set forth hereinbefore as a conditional use by permit for the M-2 Zone shall be permitted in the M-100 Industrial Zone.

(2) Electric generating, transmission and distribution facilities, including but not limited to nuclear power facilities and accessory uses and structures which are needed for the proper and efficient operation of the nuclear power facility or which may be required by the United States Nuclear Regulatory Commission (NRC), shall be permitted within the M-100 Industrial Zoning District provided that:

(a) The minimum lot size shall be 5 acres with a front yard setback of 150 feet, side yard setback 50 feet (each side) and a rear yard setback of 50 feet for both principal and accessory uses.

[Amended 10-14-2021 by Ord. No. 2021-23]

(b) The subject site shall have access to State Highway 9 either directly or via easement.

(c) Impervious coverage (building and impervious surfaces) shall not exceed 80%.

(d) Any fencing and security measures as required by the Nuclear Regulatory Commission shall be exempt from § 335-22.

B. Additional permitted accessory uses in the M-100 Industrial Zone. In addition to the permitted uses, including uses permitted upon obtaining a conditional use permit for the M-2 and M-6 Industrial Zones, all uses set forth in § 335-66 shall be permitted in the M-100 Industrial Zones.

C. Prohibited uses in the M-100 Industrial Zone are:

(1) Slaughtering of animals.

(2) Rendering of fats and oils.

(3) Commercial disposal of domestic refuse or the dumping of garbage, trash or incinerated materials.

(4) The dumping of waste materials from cesspools or other sewerage disposal installations.

(5) Manufacture or storage of high explosives.

(6) Refining or storage of gasoline and fuel oils, except for local retail consumption.

(7) Manufacture or processing of fertilizer.

(8) Manufacture or refining of asphalt.

(9) Manufacture or processing of cork.

(10) Manufacture of rubber.

(11) Manufacture of linoleum or oilcloth.

(12) Manufacture of glue or gelatin.

(13) Tanning and curing of hides or skin.

(14) Manufacture of paint or varnish.

(15) Manufacture of oil.

(16) The processing, sale, storage or reclamation of junk of all kinds, including automobile wrecking and storage.

(17) Excavation of sand or gravel or other natural mineral deposits.

(18) Manufacture of ink.

(19) Manufacture of storage of fireworks.

(20) Manufacture of any products containing extremely poisonous or unstable or hazardous chemicals or components, such as may tend to create a public nuisance or danger or tend to start a conflagration.

(21) Fish processing.

(22) Manufacture of lime or cement.

(23) Manufacture or processing of gypsum or plaster, except that cement, lime, gypsum or plaster may be used in their finished form as a material in the manufacture of other items.

(24) Food canning.

§ 335-66 Additional permitted accessory uses in M-1, M-2 and M-6 Zones.

[Amended 9-13-1984 by Ord. No. 45-84; 2-14-1991 by Ord. No. 5-91]

In addition to the permitted uses, including uses permitted upon obtaining a conditional use permit for the respective M-1, M-2 and M-6 Industrial Zones, the following uses shall be permitted within these respective zones:

A. Offices and administrative buildings situated on the site of any industrial use for the M-1, M-2 and M-6 Zones. The buildings, however, shall be used as offices or administrative buildings in connection with the operation or the administration of the permitted use.

B. A showroom or retail sales department for the exhibition or sale of products manufactured by the industry on the premises.

C. Restaurants and kitchen facilities for the use of plant or office personnel and those visiting the premises on business; however, no outside advertising or signs shall be permitted nor shall trade in any restaurant be solicited from the general public.

D. Garages and maintenance shops for vehicles used in connection with the operation of the industrial plant.

E. Necessary loading platforms, railroad sidings or other depots used in connection with the operation of the industrial plant.

F. Radio towers or other electronic transmission or reception devices necessary in connection with the operation of the industry, subject to the height limitations on structures in the industrial zone, subject to any and all state and federal statutes and regulations, applicable to said devices and subject to the performance standards for all industrial zone uses set forth hereinafter.

§ 335-67 Prohibited uses in M-1, M-2 and M-6 Zones.

[Amended 9-13-1984 by Ord. No. 45-84; 2-14-1991 by Ord. No. 5-91]

A. All uses in the M-1, M-2 and M-6 Industrial Zones are prohibited other than those uses specified as permitted uses as may be granted by a conditional use permit pursuant to the conditions and requirements set forth in this chapter concerning permitted uses and conditional uses in the respective industrial zones.

B. Prohibited uses: M-1, M-2 and M-6 Zones. Under no circumstances shall the following uses be permitted in the M-1, M-2 and M-6 Zones:

(1) Slaughtering of animals.

(2) Rendering of fats and oils.

(3) Commercial disposal of domestic refuse or the dumping of garbage, trash or incinerated materials.

(4) The dumping of waste materials from cesspools or other sewerage disposal installations.

(5) Manufacture or storage of high explosives.

(6) Refining or storage of gasoline and fuel oils, except for local retail consumption.

(7) Manufacture or processing of fertilizer.

(8) Manufacture or refining of asphalt.

(9) Manufacture or processing of cork.

(10) Manufacture of rubber.

(11) Manufacture of linoleum or oilcloth.

(12) Manufacture of glue or gelatin.

(13) Tanning and curing of hides or skin.

(14) Manufacture of paint or varnish.

(15) Manufacture of oil.

(16) The processing, sale, storage or reclamation of junk of all kinds, including automobile wrecking and storage.

(17) Excavation of sand or gravel or other natural mineral deposits.

(18) Any manufacturing process requiring the use of machinery or power plants operated by or with atomic energy or fissionable materials.

(19) The dumping of atomic waste materials.

(20) Any industry requiring the use of radioactive materials.

(21) Manufacture of ink.

(22) Manufacture or storage of fireworks.

(23) Manufacture of any product containing extremely poisonous or unstable or hazardous chemicals or components, such as may tend to create a public nuisance or danger or tend to start a conflagration.

(24) Fish processing.

(25) Manufacture of lime or cement.

(26) Manufacture or processing of gypsum or plaster, except that cement, lime, gypsum or plaster may be used in their finished form as a material in the manufacture of other items.

(27) Food canning.

(28) Public utility activity constituting the manufacture of electricity.

C. Fences prohibited within M-2 Zone. Within the M-2 Zone, the use of fences exterior to any principal or accessory building, except for screening along the boundary line of any lot or portion thereof in the M-2 Zone which abuts any residential or commercial zone and except as provided in § 335-48 of this chapter regarding screening of refuse areas, is prohibited. All said boundary-line screening shall be in accordance with and subject to the regulations set forth in § 335-48 of this chapter concerning buffer zones and screening strips. The prohibition set forth herein shall apply to fences of all types, including but not limited to masonry, wood, chain, metal and shrubbery. However, the prohibition shall not be construed as prohibiting the use of shrubbery for landscaping in accordance with the regulations set forth in § 335-48 of this chapter concerning buffer zones and screening strips.

§ 335-67.1 Cannabis prohibited.

[Added 5-13-2021 by Ord. No. 2021-11]

The following uses shall be prohibited in all zoning districts in the Township of Lacey:

A. All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service.

[1] Editor's Note: See N.J.S.A. 24:6I-31 et seq.

§ 335-68 Performance standards for M-2 and M-6 Zones.

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

A. Performance standards for industrial zones. Except as otherwise specifically restricted hereunder to one or more particular industrial zones, the following performance standards shall apply to all uses within the M-2 and M-6 Zones:

(1) As a condition of approval and as a condition for continuance of any building, process, installation, production or other use, the applicant shall supply evidence to the Planning Board that the proposed building, process, installation, production or other use will conform fully to all of the applicable performance standards. As evidence of compliance, the Board may require proof consisting of any or all of the following:

(a) Certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.

(b) Site plans and architectural drawings showing the type and location of all buildings, structures and parking and loading facilities on the lot.

(c) Engineering drawings and specifications which will adequately describe the operations to be carried on and the means and devices to be used to preserve health and safety.

(d) Descriptions of the products to be manufactured or processed and the control of effluent incidental thereto.

(e) Sworn statements by the owner, developer, designer or other agent to the effect that no danger, hazard or nuisance will be created beyond the boundaries of the lot.

(2) The Board may require that specific types of equipment, machinery or devices be installed or that specific operation procedures or methods be followed by the applicant. The government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods is required in order to assure compliance with the applicable performance standards, which are set forth as follows:

(a) Smoke control.

[1] No smoke shall be emitted from any chimney or other source of a visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines.

[2] Smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any thirty-minute period.

[3] These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an equivalent apparent capacity.

(b) Control of dust and dirt, fly ash, fumes, vapors and gases.

[1] No emission shall be made which can cause any damage to human health, to animals or vegetation or other forms of property or which can cause any excessive soiling of persons or property at any point beyond the lot line of the use creating the emission.

[2] No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.8 gram per cubic foot of the covering gas at any point.

[3] For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500ºF. and 50% excess air in the stack at full load.

(c) Control of noise. At no point on the boundary of a residence or business district shall the sound pressure level of any operation exceed the described levels in the designated octave bands shown below for the districts indicated, except for emergency alarm signals and subject to the following corrections: subtract five decibels for pulsating or periodic noises, and add five decibels for noise sources operating for less than 20% of any one-hour period.

	Octave Band (cycles per second)	Maximum Permitted Sound Level Along Agricultural, Residential District Boundaries (decibels)	Maximum Permitted Sound Level at any Other Point Along the Lot Boundary (decibels)
	0 to 75	72	79
	75 to 150	67	74
	150 to 300	59	66
	300 to 600	52	59
	600 to 1,200	46	53
	1,200 to 2,400	40	47
	2,400 to 4,800	34	41
	Above 4,800	32	39
	Decibels  10 laa p1/p2 where p2 is the reference quality of 0.0002 dyne/cm2. Sound pressure level shall be measured according to the specifications published by the American Standards Association.

(d) Control of odors. There shall be no emission of odorous matter in such quantities as to be offensive at lot boundary lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained. As a guide in determining such quantities of offensive odors, Table II (Odor Thresholds) in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C., will be used, and where more than one authority is cited, the numerical average value for all authorities listed may be used.

(e) Control of glare or heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.

(f) Control of vibration. No vibration which is discernible to human sense of feeling shall be perceptible without instruments at any point beyond the lot line.

(g) Control of radioactivity, microwave radiation or electrical disturbance. There shall be no activities which emit dangerous or harmful radioactivity or microwave radiation. There shall be no electrical disturbance, except from domestic household appliances, adversely affecting the operation of any equipment located beyond the property of the creator of such disturbance.

(h) Electrical, diesel, gas or other power. Every use requiring power shall be so operated that any service lines, substations, etc., shall conform to the highest applicable safety requirements, and such service lines, substations and similar facilities shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant, or if visible from abutting residential properties, shall be concealed by evergreen planting or screening consisting of architectural materials common to the building(s).

(i) Outdoor storage and waste disposal.

[1] No flammable or explosive liquids, solids or gases shall be stored in bulk above ground; provided, however, that tanks or drums of fuel directly connected with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.

[2] Within the M-6 Zone, all storage of fuel, raw materials, inventory and products shall be either within the confines of roofed buildings of a permanent type erected upon the lands or within a fenced area, and the fence shall be approved by the Planning Board as shown on the site plan for the industrial site setting forth the location, height and type of fence to be constructed. The fence must meet with the approval of the Planning Board and shall be located and be of such type as to promote safety, general welfare and provide adequate enclosure from access to the general public and be such as to ensure against creation of an unsightly condition. The fence must at all times be maintained so as to be kept in a sound, upright, fully repaired and painted condition or, if not painted, shall be made of such material as does not corrode, rust or change appearance if left unpainted.

[3] Within the M-2 Zone, all storage of fuel, raw materials, inventory and products shall be wholly within the confines of roofed buildings of a permanent type erected upon the lands.

[4] No substance which can contaminate a surface or subsurface stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or which will destroy aquatic life shall be allowed to enter any stream or watercourse.

[5] All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

(j) Industrial waste or sewage. No use shall be conducted in such way as to discharge any treated or untreated sewage or industrial waste except as shall be approved by the Health Officer and the Sewerage Authority. There shall be no discharge of any toxic substance, gasoline, benzine, naphtha, fuel oil or other flammable or explosive liquid, solid or gas; any liquid having a temperature higher than 150º F.; any matter containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure; any solid or viscous substance capable of causing obstructions or other interference with the proper operation of a sewage treatment plant; any liquid having a pH lower than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel or the ecology of the area; or any material which would be harmful to the treatment of sewage.

[1] Acidity and alkalinity of wastes shall be neutralized to a pH of 7.0 as a daily average on a volumetric basis, with a temporary variation in pH of 5.0 to 9.0.

[2] Wastes shall contain no cyanides and no halogens and shall contain not more than 10 parts per million of the following gases: hydrogen sulfide, sulfur dioxide and nitrogen dioxide.

[3] Wastes shall not contain any insoluble substances in excess of 10,000 parts per million, which exceed a daily average of 500 parts per million or which fail to pass a No. 8 sieve or which have a dimension greater than 0.5 inch.

[4] Wastes shall not have a chlorine demand in excess of 15 parts per million nor contain phenols in excess of 0.0005 part per million or grease, fats or oils or any oily substance in excess of 100 parts per million or exceeding a daily average of 25 parts per million.

(k) Provision and use of water. All water requirements shall be stated in the application. Water shall be supplied from wells only after approved or accepted geologic study furnished by the applicant and certification by a professional geologist that the underground water supply and levels will not be appreciably altered in such a way as to endanger the water level and supply for other properties.

(3) Compliance with state requirements. Any permitted industrial use within the M-2 or M-6 Zone shall:

(a) Dispose of its liquid waste and effluent into an approved existing sewerage treatment plant in accordance with that plant's regulations or shall treat its own liquid and effluent in a treatment plant or process which is in compliance with the state statutes and with the requirements of the State Department of Health. This requirement shall be construed as an additional requirement and not in substitution for the performance standard requirements heretofore set forth regarding discharge of industrial waste or sewage and discharge of substances which can contaminate surface or subsurface streams or watercourses.

(b) Comply with the state statutes and requirements of the State Department of Labor and Industry with regard to the health of the workers, proper precautions against fire hazards, proper handling and storage of materials and structural design. This requirement shall be construed as an additional requirement and not in substitution for any performance standard requirement heretofore set forth.

§ 335-68.1 AH-10R Zone.

[Added 4-10-2014 by Ord. No. 2014-06]

The following standards shall apply to the AH-10R Zone:

A. Permitted uses: multifamily residential dwellings at a density not to exceed 10 dwelling units per gross acre with a maximum of eight dwelling units per building.

B. Required accessory uses: off-street parking per the requirements of the New Jersey Residential Site Improvement Standards (RSIS; N.J.A.C. 5:21 et al.), or as otherwise approved by the Planning Board.

C. Permitted accessory uses:

(1) Recreational facilities;

(2) Fences and walls;

(3) Signs; and

(4) Other customary accessory uses and buildings that are clearly identical and subordinate to the principal use and buildings.

D. Area, yard and building requirements:

(1) Minimum lot area: five acres.

(2) Minimum lot width: 200 feet.

(3) Minimum lot depth: 200 feet.

(4) Minimum front yard setback: 30 feet.

(5) Minimum rear yard setback: 25 feet.

(6) Minimum side yard setback: 25 feet.

(7) Maximum building height: 35 feet and two stories;

(8) Maximum building coverage: 15%.

(9) Maximum impervious coverage: 40%.

(10) Minimum unoccupied open space: 25%.

(11) Minimum parking lot setback from public street: 35 feet.

(12) Minimum parking lot setback to property line: 20 feet.

E. Other requirements. The following additional requirements shall apply:

(1) All units constructed in the redevelopment area shall be affordable family rental units, as defined pursuant to N.J.A.C. 5:97, with the exception of an on-site caretaker or superintendent unit.

(2) The project shall be developed and operated in accordance with the 2008 Housing Element and Fair Share Plan of the municipal Master Plan and the requirements of N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1 et seq.

(3) The layout of the project shall substantially conform to the conceptual layout that is provided in Appendix D.[1]

[1] Editor's Note: Refers to Appendix D of the redevelopment plan adopted 12-30-2013 by Ord. No. 2013-34, which is on file in the Township offices.

(4) The individual residential buildings shall be substantially consistent in design, appearance, and building materials with the typical architectural elevations as detailed in Appendix E of the redevelopment plan dated November 25, 2013, adopted by the Township via Ordinance No. 2013-34.

§ 335-68.2 Multifamily Inclusionary Zone (MFIZ-I) District Overlay.

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

A. The purpose of the Multifamily Inclusionary Zone is to implement the Township Housing Plan Element and Fair Share Plan by providing for the opportunity to develop an inclusionary residential development that incorporates an appropriate affordable housing set aside to address the third-round obligation of the Township for the period 2015 through 2025. The MFIZ-I District provides for the development of affordable housing for low- and moderate-income housing in a suitable location.

(1) Applicability. The Multifamily Inclusionary Zone District shall be applied to all properties east of the Garden State Parkway fronting on Lacey Road and some properties along U.S. Route 9, as shown in the map attached hereto as Schedule A.[1] The parcels included in the MFIZ-1 are listed in the schedule attached hereto as Schedule B.[2] The Official Zoning Map of the Township of Lacey is hereby amended in accordance with the foregoing and is incorporated by reference. The Multifamily Inclusionary Zone District shall be permitted to be developed with an inclusionary residential development with a mandatory affordable set-aside of 20% for units sold to qualified low/moderate-income purchasers and 15% for rental units leased to qualified low/moderate-income renters. All development of affordable units shall follow the very-low/low/moderate-income split provided for in the Uniform Housing Affordability Controls (N.J.A.C. 5:50-26.1 et seq.) except that in lieu of the requirement for 10% of affordable units to be at 35% of median income in N.J.A.C. 5:50-26.3(d), 13% of affordable units in such projects shall be required to be at 30% of median income. For the purpose of permitting an inclusionary development, the provisions and requirements of the Multifamily Inclusionary Zone District shall supersede the provisions and restrictions of the underlying Office-Commercial (O-C); Marine Commercial (C-100); Highway Business (C-150); Limited Business (C-200); Business Park (M-1); Limited Industrial (M-2); and Industrial (M-6) Zone Districts. In the event of a conflict between the provisions of this section and other sections of the Township development regulations with respect to the development of affordable housing, the provisions of the MFIZ-I District shall govern.

[Amended 12-28-2017 by Ord. No. 2017-32]

[1] Editor's Note: Said map is on file in the Township offices.

[2] Editor's Note: Said schedule is on file in the Township offices.

(2) Principal permitted use in the Multifamily Inclusionary Zone District shall be inclusionary multifamily affordable housing developments which may include:

(a) Townhomes.

(b) Apartments.

(c) Multifamily dwellings.

(d) Two-family dwellings.

(e) Single-family semi-detached dwellings.

(3) Accessory uses. The following shall be permitted:

(a) Open space area(s);

(b) Off-street parking facilities including driveways;

(c) Fences in accordance with the applicable Township standards;

(d) Signs in accordance with the standards in Chapter IX of the Township Code;

(e) Sidewalks in accordance with the standards in Chapter XII of the Township Code; and

(f) Other uses which are customarily incidental and accessory to the principal use.

(4) Maximum density of multifamily affordable housing development shall be eight dwelling units per gross acre.

[Amended 11-22-2022 by Ord. No. 2022-40]

(5) Bulk, area, and building requirements. The following requirements shall apply for all permitted uses:

[Amended 6-8-2017 by Ord. No. 2017-16]

	Bulk Standards	Permitted
	Minimum lot area	45,000 square feet
	Minimum lot width	150 feet
	Minimum front yard setback	12 feet
	Minimum one side yard setback	5 feet
	Minimum both side yard setback	10 feet
	Minimum rear yard setback	20 feet
	Maximum impervious coverage	65%
	Maximum building coverage	33%
	Maximum building height	3 stories/35 feet

(6) Site improvement standards.

(a) The proposed development(s) shall be served by public water and sewer. The phasing of utility improvements, if necessary, shall be subject to the review and approval of the Planning Board.

(b) The proposed development(s) shall be planned and designed to meet the New Jersey Residential Site Improvement Standards (N.J.A.C. 5.21 et seq.).

[1] All roadways, parking areas, and landscaped islands shall be private and maintained by a homeowners' association, except that access roads across lands dedicated to and accepted by the Township for public use may be public roads.

[2] Parking standards shall be conforming with the New Jersey Residential Site Improvement Standards for townhouse dwellings (N.J.A.C. 5:21 et seq.).

[3] As part of final approval, the development shall provide a municipal services agreement with the Township for the contribution by the Township for maintenance, snow plowing, refuse removal and lighting in accordance with the municipal policies in effect at the time of approval.

[4] Each townhouse dwelling shall be constructed with and shall maintain a one-car driveway with a width of at least 12 feet and a length of at least 18 feet between the face of the structure and the right-of-way.

(c) The development(s) shall provide for stormwater management in accordance with all applicable regulations. Stormwater management basins shall be owned and maintained by a homeowners' association to be established by the developer. Stormwater management facilities provided as part of a one-hundred-percent affordable development shall be maintained by a property management entity. The phasing of stormwater management improvements, if necessary, shall be subject to the review and approval of the Planning Board and shall be completed in a manner that services the development areas as construction progresses.

(d) Affordable housing requirements. Residential development projects developed under the provisions of the MFIZ-I shall provide for the development of affordable housing as outlined herein. Such affordable housing shall be provided through an affordable housing set aside of low- and moderate-income rental units interspersed throughout the development.

§ 335-68.3 Inclusionary zoning provisions.

[Added 4-27-2017 by Ord. No. 2017-12]

A. Purpose and scope. This section shall apply to all residential development that consists of five or more dwelling units located within the Township of Lacey to create realistic opportunities for the construction of affordable housing within the Township. The provisions of this section shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwelling units. Furthermore, these provisions shall not apply to developments containing four or less dwelling units. All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section. Where a developer demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this section shall apply only if the net number of dwelling units if five or more.

B. Developments of five or more dwelling units.

(1) Any development containing five or more dwelling units is required to include at least 20%, or one in five, of the total number of units within the development as affordable units in accordance with the following:

(a) At least half of the affordable units within each bedroom distribution shall be low income units and the remainder may be moderate income units. If there is only one affordable unit in the development, it must be a low income unit.

(b) Non-age-restricted affordable developments shall be structured in conjunction with realistic market demands such that:

[1] The combined number of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low and moderate income units;

[2] At least 30% of all low and moderate income units are two-bedroom units; and

[3] At least 20% of all low and moderate income units are three-bedroom units.

[4] The remainder may be allocated at the discretion of the developer.

(2) Where a development contains three affordable units, two units shall be two-bedroom units and one shall be a three-bedroom unit.

(3) Where a development contains four affordable units, two units shall be two-bedroom units and two units shall be three-bedroom units.

(4) Where a development contains five affordable units, one unit shall be a one-bedroom unit, three units shall be two-bedroom units, and one unit shall be a three-bedroom unit.

C. Fractional units. If 20% of the total number of units in a development results in a fraction or decimal, the developer shall be required to provide an additional affordable unit on site. Alternatively, the developer may provide a payment in lieu of constructing the additional affordable unit to the Township Affordable Housing Trust Fund in accordance with the provisions of § 211-12 of the Township Zoning Ordinance[1] to fulfill the fractional obligation.

Example: An eight-unit development requiring an affordable housing set-aside of 1.6 units is proposed. The developer is required to either provide two on-site affordable units or provide one on-site affordable unit and provide a payment in lieu of constructing the second unit to the Township Affordable Housing Trust Fund.

[1] Editor's Note: See Ch. 211, Land Development Fees, Escrow Deposits and Inspection Fees.

D. Design and construction of affordable units.

(1) Affordable units provided on site shall be interspersed throughout the development and shall be designed and constructed to resemble the market rate units constructed within the development to the maximum extent possible.

(2) The construction of affordable units on site shall comply with all applicable rules and guidelines with respect to integration, low/moderate income split, affordability controls, bedroom distribution, heating source, affirmative marketing, and administration.

(3) Low and moderate income units will be built in accordance with N.J.A.C. 5:93-5.6 (d):

Minimum Percentage of Low/Moderate Income Units Completed	Percentage of Market Housing Units Completed
0	25
10	25 + 1 unit
50	50
75	75
100	90 / 100

(4) The first floor of all townhouse dwelling units and other multi-story dwelling units shall comply with the New Jersey Barrier Free Subcode at (N.J.A.C. 5:23-7).

E. Payment-in-lieu contributions to Affordable Housing Trust Fund. Where a payment-in-lieu of constructing an affordable unit is permitted by this section, such payment shall be calculated based upon the most recent estimated construction costs of new residential units inclusive of the sum of development hard costs, related soft costs, and developer's fees pursuant to the cost containment provisions of N.J.A.C. 5:43-2.4(a)1 through 6, plus land costs equal to 25% of the first quartile of new construction costs as reported to the Homeowner Warranty Program. These costs are totaled by region to reflect average construction costs. For the year 2009, COAH[2] established a required subsidy of $152,227 for municipalities within Region 4. Accordingly, the cash-in-lieu contribution shall be equal to the fractional obligation of the required subsidy.

Example: An eight-unit development requiring an affordable housing set-aside of 1.6 units is proposed. The developer is required to provide one on-site affordable unit and may make a payment in lieu of constructing the second affordable unit. This payment in lieu is equal to the fractional obligation (0.6 units) times the required regional subsidy ($152,227), or $91,336.20.

[2] Editor's Note: "COAH" refers to the Council on Affordable Housing.

F. Marketing and administration.

(1) The developer of an inclusionary development shall offer the affordable units for purchase or rent to eligible households consistent with the Township's affirmative marketing plan. The sales and rental prices of affordable units shall be determined in accordance with all applicable state regulations pertaining to the sale and rental of affordable units. In the event of a conflict between municipal and state sales and rental prices, the applicable state regulations shall control.

(2) Where a for sale unit is purchased by an eligible household, the purchaser of an affordable unit shall occupy the purchased unit as his or her primary residence.

(3) The resale of all for sale affordable units developed under this section shall be subject to the following:

(a) All purchasers of affordable units shall be income eligible households in accordance with the provisions of N.J.A.C. 5:93-9. A seller of an affordable unit must select an eligible household purchaser by a method that complies with the Township's affirmative marketing plan and administrative selection process and any applicable rules or guidelines.

(b) The resale price of any affordable unit shall be determined in accordance with N.J.A.C. 5:80-26.6 and any other applicable rules

(4) Rent increases for affordable units shall be determined in accordance with N.J.A.C. 5:80-26.12 and any other applicable rules or guidelines.

G. A developer who complies with its obligations under this section by providing the required number of affordable units on site or pays any required payment-in-lieu contribution as required by this section shall be exempt from the payment of the developer's fee required by §211-12 of the Township Zoning Ordinance.

§ 335-68.4 Multifamily Inclusionary Zone (MFIZ-II) District Overlay.

[Added 12-28-2017 by Ord. No. 2017-32]

A. The purpose of the Multifamily Inclusionary Zone-II is to implement the Township Housing Plan Element and Fair Share Plan by providing for the opportunity to develop an inclusionary residential development, as well as to address the Township of Lacey's economic objectives to promote a center-based development along Route 9 in order to promote a more mixed-use neighborhood commercial development along this corridor.

(1) Applicability.

(a) The Multifamily Inclusionary Zone District-II shall be applied to certain properties along U.S. Route 9, as shown on the map attached hereto as Schedule A and identified on the schedule attached hereto as Schedule C.[1] The Official Zoning Map of the Township of Lacey is hereby amended in accordance with the foregoing and is incorporated by reference. The Multifamily Inclusionary Zone District-II shall be permitted to be developed with an inclusionary residential development with a mandatory affordable set-aside of 20% for units sold to qualified low/moderate-income purchasers and 15% for rental units leased to qualified low/moderate-income renters, provided the first floor is developed with a permitted commercial use, except for development of the rear portion of lots subdivided in accordance with Subsection A(1)(b) below. All development of affordable units shall follow the very-low/low/moderate-income split provided for in the Uniform Housing. Affordability Controls (N.J.A.C. 5:50-26.1 et seq.) except that in lieu of the requirement for 10% of affordable units to be at 35% of median income in N.J.A.C. 5:50-26.3(d), 13% of affordable units in such projects shall be required to be at 30% of median income. For the purpose of permitting the development of an inclusionary development, the provisions and requirements of the Multifamily Inclusionary Zone District shall supersede the provisions and restrictions of the underlying Highway Business (C-150); and Limited Business (C-200) Zone Districts. In the event of a conflict between the provisions of this section and other sections of the Township development regulations with respect to the development of affordable housing, the provisions of the MFIZ-II District shall govern.

[1] Editor's Note: Said map is on file in the Township offices.

(b) Lots in the MFIZ-II Zone identified in Schedule C[2] with acreage of more than three acres and a depth of more than 500 feet may be subdivided and the rear portion developed under the MFIZ-I standards. The portion having frontage on Route 9 is required to have commercial uses on the ground floor as set forth in § 335-68.4A(2).

[2] Editor's Note: Said schedule is on file in the Township offices.

(2) Principal permitted uses in the Multifamily Inclusionary Zone District-II shall include:

(a) Dwelling units shall be permitted only in buildings in which the ground floor is devoted to retail sales, professional office or personal service uses, except for development of the rear portion of lots subdivided in accordance with Subsection A(1)(b).

(3) Accessory uses. The following shall be permitted:

(a) Open space area(s);

(b) Off-street parking facilities, including driveways;

(c) Fences in accordance with the applicable Township standards;

(d) Signs in accordance with the standards in Chapter IX of the Township Code;

(e) Sidewalks in accordance with the standards in Chapter XII of the Township Code; and

(f) Other uses which are customarily incidental and accessory to the principal use.

(4) Maximum density of multifamily affordable housing development shall be eight dwelling units per gross acre.

[Amended 11-22-2022 by Ord. No. 2022-40]

(5) Bulk, area, and building requirements. The following requirements shall apply for all permitted uses:

Bulk Standards	Permitted
Minimum lot area	45,000 square feet
Minimum lot width	150 feet
Minimum front yard setback	12 feet
Minimum one side yard setback	5 feet
Minimum both side yards setback	10 feet
Minimum rear yard setback	20 feet
Maximum impervious coverage	75%
Maximum building coverage	40%
Maximum building height	3 stories 35 feet

(6) Site improvement standards.

(a) The proposed development(s) shall be served by public water and sewer. The phasing of utility improvements, if necessary, shall be subject to the review and approval of the Planning Board.

(b) The residential portion of the proposed development(s) shall be planned and designed to meet the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).

[1] All roadways, parking areas, and landscaped islands shall be private and maintained by a homeowners' association, except that access roads across lands dedicated to and accepted by the Township for public use may be public roads.

[2] Parking standards shall conform with the New Jersey Residential Site Improvement Standards for townhouse dwellings (N.J.A.C. 5:21 et seq.).

[3] As part of final approval, the development shall provide a municipal services agreement with the Township for the contribution by the Township for maintenance, snow plowing, refuse removal and lighting in accordance with the municipal policies in effect at the time of approval.

(c) The development(s) shall provide for stormwater management in accordance with all applicable regulations. Stormwater management basins shall be owned and maintained by a homeowners' association to be established by the developer. Stormwater management facilities provided as part of a one-hundred-percent-affordable development shall be maintained by a property management entity. The phasing of stormwater management improvements, if necessary, shall be subject to the review and approval of the Planning Board and shall be completed in a manner that services the development areas as construction progresses.

(d) Affordable housing requirements. Residential development projects developed under the provisions of the MFIZ-II shall provide for the development of affordable housing as outlined herein. Such affordable housing shall be provided through an affordable housing set-aside of low- and moderate-income rental units interspersed throughout the development.