Township of Lacey, NJ Conditional and Temporary Use Permits

This section sets forth those general and specific standards and regulations by which the Planning Board shall consider applications for conditional use permits. The Planning Board may grant or deny a conditional use permit for which application is brought, but shall do so only in accordance with the standards and regulations set forth hereunder. On approving any such application, the Planning Board may impose any conditions it deems necessary to accomplish the reasonable application of the standards and regulations set forth hereunder.

If any application for any conditional use permit is for a structure or use which is restricted against, not permitted, or prohibited in the particular zone in which the structure or use is proposed, which restriction or prohibition would require the applicant to obtain a variance from the Zoning Board of Adjustment under the provisions of N.J.S.A. 40:55D-70d, then the Board of Adjustment shall, to the same extent and subject to the same restrictions otherwise applicable to the Planning Board, have the power to grant approval for any such conditional use, which application for approval shall be heard by the Board of Adjustment at the same time that it hears the application for said variance.

Applications for conditional use permits.

Applications for any conditional use permit permitted by this chapter shall be made to the Planning Board through the Zoning Officer or, where such Zoning Officer shall not have been appointed, then said applications shall be made through the Construction Official. All references made to the Zoning Officer shall apply to the Construction Official as well. The Planning Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear such cases. The Planning Board may thereafter direct the Zoning Officer to issue such conditional use permit as in its judgment will not be detrimental to the health, safety and general welfare of the Township and is deemed necessary for its convenience.

The Planning Board shall grant or deny an application for a conditional use permit within 95 days of submission of a complete application by a developer to the Zoning Officer, or within such further time as may be consented to by the applicant.

(3)

Any application for a conditional use permit shall require site plan approval unless specifically exempted therefrom by the provisions of Chapter 285 of the Lacey Township Code.

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

(4)

Applications for any conditional use permit shall include the completed Environmental Performance Standards Checklist, Charts 1 and 2, from § 215-13 of the Lacey Township Code.

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

(5)

Applications for any conditional use permit shall require the submission of a narrative description of the proposed use and operation; including the hours of operation, the number of employees, any loading or unloading requirements, the volume and nature of vehicles and trucks servicing the operation and any other aspects necessary to describe and clarify the use and operation.

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

[1] Special standards and regulations. The following special standards and regulations shall apply, respectively, to the following enumerated conditional uses:

[Amended 2-14-1991 by Ord. No. 5-91; 1-28-1993 by Ord. No. 92-5; 12-9-1993 by Ord. No. 93-96; 3-27-1997 by Ord. No. 97-14; 7-24-1997 by Ord. No. 97-30]

Motor vehicle service stations. Motor vehicle service stations may be permitted as a conditional use in those zoning districts specified, provided that the following requirements are satisfied:

The site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structures and accessory buildings to be constructed and the number of automobiles which are to be garaged.

Motor vehicle service stations shall have a lot area of not less than 20,000 square feet with a minimum frontage of 125 feet on one street. If the lot requirements for the zone are greater, they shall take precedence.

The maximum lot coverage by buildings shall be 30% of the lot area and a maximum of 40% of the lot area with a canopy.

The minimum canopy setback shall be 25 feet.

Convenience shops may be permitted, provided that:

One additional parking space is provided for each 100 square feet of floor area devoted to the convenience shop.

The locations and access for the convenience shop does not impede or interfere with vehicular circulation to and from fuel pumps.

All fuel pump islands shall be located at least 35 feet from all property lines.

All fuel tanks shall be installed underground.

No outdoor oil drainage pits or hydraulic lifts shall be permitted.

No motor vehicle parked or stored out of doors shall, at any time, be in a state of major disassembly, disrepair or be in the process of being stripped or dismantled.

No auto body work shall be permitted.

(k)

Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.

(l)

Any repair of a motor vehicle shall be performed inside an area appropriately screened, not located within the setback areas and approved by the Board for such purpose.

(m)

The sale, rental or lease of new or used vehicles shall be prohibited.

(n)

A fifteen-foot-wide landscaped strip across the entire lot frontage shall be provided and shall be landscaped with grass or ground cover, as well as low-growing buffering shrubbery and shade trees, in accordance with the standards for safety islands (§ 285-11B).

(o)

Outdoor solid waste disposal shall be properly screened and buffered.

(p)

Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable stand or rack.

Motor vehicle repair garages (automobile repair shops). Motor vehicle repair garages may be permitted as a conditional use in the zoning districts specified, provided that the following requirements are met:

Motor vehicle repair garages shall be situated on sites with a lot area of not less than 20,000 square feet, with a minimum frontage of 125 feet on one street. If the lot requirements for the zone are greater, they shall take precedence.

The maximum lot coverage by buildings shall be 30% of the lot area.

No outdoor oil drainage pits or hydraulic lifts shall be permitted.

Any repair of a motor vehicle shall be performed in an area, appropriately screened, outside of the setback areas and approved by the Board for such purpose.

No motor vehicle parked or stored out of doors shall, at any time, be in a state of major disassembly, disrepair or be in the process of being stripped or dismantled.

If gas pumps are proposed, the standards referring to automobile service stations shall also be applicable to automobile repair shops.

The storage of junk or dilapidated vehicles on site shall not be permitted.

Motor vehicle repair garages shall meet all requirements of the Uniform Construction Code.

Outdoor storage shall comply with the requirements for screening set forth in § 335-78C(17).

(3)

Automobile body shops (motor vehicle body shops). Automobile body shops may be permitted as a conditional use in the zoning districts specified, provided that the following requirements are met:

Motor vehicle body shops shall be situated on sites with a lot area of not less than 20,000 square feet with a minimum frontage of 125 feet on one street. If the lot requirements for the zone are greater, they shall take precedence.

The maximum lot coverage by buildings shall be 30% of the lot area.

No outdoor oil drainage pits or hydraulic lifts shall be permitted.

Any repair of a motor vehicle shall be performed in an area, appropriately screened, outside of the setback areas and approved by the Board for such purpose.

The storage of junk or dilapidated vehicles on site shall not be permitted.

No vehicle under repair or awaiting repair shall be stored out of doors within the required front setback area or within 20 feet of any side or rear lot line or within 50 feet of any residentially used adjoining lot.

(4)

Motels.

The site plan as required by this section shall show existing property lines, streets and existing buildings within 500 feet of the property, and proposed buildings, signs, access roads, parking areas, existing and proposed tree and planting areas and any proposed accessory uses that will be on the property proposed for such use.

Accessory uses may be permitted on the same lot as the motel and may include a swimming pool, motel office, eating facilities for the guests and permanent living quarters for one family.

Minimum lot area: two acres.

Minimum lot width and depth: 200 feet each.

Minimum yard requirements.

Front yard: 50 feet.

Rear yard: 30 feet.

Side yards (each): 30 feet.

One motel unit shall be permitted for every 700 square feet of lot area.

Access. The Planning Board may permit as many access roads onto any public or private road(s) as it deems necessary, except that no access road shall exceed 25 feet in width at the point where it intersects with a public or private road.

Any motel unit or any swimming pool within 50 feet of an adjacent property, other than a street or navigable waterway, shall not face on that property unless the unit or swimming pool is sufficiently buffered or concealed from the adjacent property.

Maximum number of units: 25.

Primary and secondary sewage treatment facilities shall be provided in accordance with regulations of local and state Boards of Health.

(5)

Detached single-family dwellings on lots of 3.2 acres may be permitted in the PA, FA, RD and VRC Zones, provided that:

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.

The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years.

The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.

The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.

The area, yard and building requirements applicable to the PA Zone shall be met.

(6)

Low-intensity recreational uses in the PA and FA Zones.

The parcel proposed for development has an area of at least 50 acres.

The recreational use does not involve the use of motorized vehicles except for necessary transportation.

Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of frontage on the water body.

The parcel will contain no more than one campsite per two acres.

Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.

No more than 1% of the parcel will be covered with impervious surfaces.

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

(7)

Continuation of existing mining in the PA Zone.

The operation was authorized by a valid registration certificate issued by the New Jersey Department of Labor and Industry under N.J.S.A. 34:6-98.4h prior to February 7, 1979, or the operation was exempt from these registration requirements but was authorized by and operating under a valid Township permit prior to February 8, 1979.

The area of excavation is limited to the value given under the category "acreage to be mined" on the mine registration application of the Township permit, whichever is applicable.

The operation has been registered with the Pinelands Commission in accordance with the requirements of N.J.A.C. 7:50-6.63(b).

(8)

Institutional uses in the FA Zone.

The use will not require or will not generate subsidiary or satellite development in the FA Zone.

Adequate public service infrastructure will be available to serve the use.

The use is primarily designed to serve the needs of the FA Zone in which it is to be located.

(9)

Pinelands resource-related industrial or manufacturing uses in the FA Zone, excluding resource extraction and uses that rely on sand or gravel as raw products.

The parcel proposed for development has an area of at least five acres.

The principal raw material for the proposed use is found or produced in the pinelands.

The use does not require or will not generate subsidiary or satellite development in the FA Zone in which it is to be located.

(10)

Agricultural commercial establishments excluding supermarkets, restaurants and convenience stores in the FA Zone.

The principal goods or products available for sale were produced in the pinelands.

The sales area of the establishment does not exceed 5,000 square feet.

(11)

Roadside retail sales and service establishments in the FA Zone.

The parcel proposed for development has road frontage of at least 50 feet.

No portion of any proposed structure will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979.

The proposed use will not unduly burden public services, including water, sewer and roads.

(12)

Detached single-family dwellings on lots of 1.0 acre in the PA, FA, RD and VRC Zones, provided that:

The applicant satisfies all of the requirements set forth in Subsection D(4) above;

The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981;

The applicant qualifies for and receives from the Township a variance from the 3.2 acre lot size requirement set forth in Subsection D(4) above;

The applicant purchases and redeems 1/4 pinelands development credits; and

Any pinelands development credits allocated to the lot to be developed are reduced pursuant to § 335-76C of this chapter.

(13)

Restaurants and eating establishments, wherein the principal use consists of the sale of food and beverages for on-premises consumption, provided that:

The seating capacity of any restaurant allowed as a conditional use shall be limited to 50 seats or fewer.

The applicant shall be required to demonstrate provision for appropriate on-site delivery and unloading in designated areas in such a manner that the location and hours of delivery shall have no detrimental impact upon the surrounding uses and further that such delivery shall be undertaken in accordance with § 242-4.

The proposed use shall include provision for covered waste and recycling containers within enclosures fully surrounding the refuse area with gates for access and appropriately screened with plantings or other means satisfactory to the Planning Board for the protection of uses in the vicinity. Refuse pickup shall be scheduled as frequently as required so as not to create any detrimental effects to the health, safety and welfare of the area.

The proposed use shall include a provision for adequate screening strips in order to protect surrounding properties from any detrimental impact from the proposed operation. The applicant for a conditional use permit shall be required to demonstrate that no objectionable noise, smell, smoke, gas or effluent will be emitted from the restaurant which could adversely affect or impair the normal use of any property, structure or dwelling in any residential-commercial, office-commercial or office-park zone within the vicinity.

The permitted hours of operation shall be limited to no earlier than 5:00 a.m. and no later than 12:00 midnight. If said business is within 200 feet of a residence, the permitted hours of operation shall be limited to no earlier than 6:00 a.m. and no later than 10:00 p.m.

The main entrance for the restaurant shall be located on the premises so that it faces Lacey Road.

Primary parking for the restaurant shall be located in front of the premises.

Side access to the site shall be limited to the first 100 feet in from Lacey Road.

(14)

Home occupations conducted in whole or in part outside the principle dwelling shall meet the following specific standards:

The proposed use must meet all the requirements of the "home occupation," as set forth in § 335-22.2A and B.

[Amended 6-28-2001 by Ord. No. 01-37]

The outside area used for the home occupation may not exceed 25% of the total area of the principle structure.

All uses not conducted within the principle structure must be conducted within an accessory structure and said accessory structure must meet the setback requirements of the zone in which the property is located.

No outside storage shall be permitted.

All screening requirements of § 335-48A of the Lacey Township Code must be met.

No audible noise will be permitted off site.

The proposed use must not generate an odor detectable from off the property.

The proposed use must not create electronic interference detectable from off the property.

The hours of operation are limited to 7:00 a.m. until 10:00 p.m.

The maximum height of any proposed lighting is 15 feet.

(15)

Nursery schools and day-care centers. Nursery schools and day-care centers, where permitted as a conditional use, shall meet the following specific standards:

Nursery schools and day-care centers are limited to a maximum number of children present at any one time based upon the area of the lot for which the use is proposed. Said limitations are as follows:

	Minimum Lot Size	Maximum Number of Children
	7,500 square feet	Up to 5
	15,000 square feet	10
	25,000 square feet	15
	1 acre	30

Property lines adjacent to residentially occupied property shall be screened in accordance with § 335-48A. Parking shall be required at the rate required by Chapter 285 of the Lacey Township Code with a minimum of two spaces. All nursery schools or day-care centers must include a fenced play area for outdoor recreation. For facilities with six or more children, play areas must meet the setback requirements of the zone in which the property is located.

Any nursery school or day-care center housing six or more children at any one time shall provide an off-street drop-off area at the rate of one space per five children.

(16)

Multiple commercial structures located within the Office-Commercial Zone. In order to qualify for a conditional use permit, the following specific conditions shall be met:

Proposed use must meet the parking requirement of one space per every 150 square feet of gross floor area of the proposed structure.

Lighting must meet all requirements of the Lacey Township Site Plan Ordinance,[2] and the maximum height of site lighting shall be 20 feet.

Editor's Note: See Ch. 285, Site Plan Review.

Landscaping and screening must meet all requirements of the Lacey Township Code. Safety islands shall be required and in accordance with the standards of § 285-11B(1), including a minimum width of 15 feet from the curbline of the public street to the curbline of the center parking area and landscaped with trees and shrubbery as prescribed. Screening shall consist, at minimum, of a double row of evergreen trees which shall establish a screen with a minimum height of eight feet at the time of planting.

(17)

Where permitted as a conditional use by the Lacey Township Zoning Ordinance, outdoor storage shall conform to the following standards:

All such storage shall be within an area fenced or screened from adjacent business and residential zones by a dense hedge, solid board fence or masonry wall.

Screening shall provide enclosure from access to the general public.

The minimum height of screening, comprised of hedge, fence or wall, shall not be less than six feet or in the case of fences or walls more than eight feet.

(18)

Where permitted as a conditional use by the Lacey Township Zoning Ordinance, home professional offices shall conform to the following standards:

All home professional offices must meet the parking requirements as set forth in § 285-11 of the Lacey Township Code.

Home professional offices must meet the screening requirements of § 335-48A of the Lacey Township Code.

Home professional offices shall provide a dividing strip in accordance with § 285-11 of the Lacey Township Code.

The hours of operation shall be limited from 7:00 a.m. to 10:00 p.m.

The maximum height of any lights proposed in conjunction with this use shall be 15 feet.

(19)

Where permitted as a conditional use by the Lacey Township Zoning Ordinance, age-restricted multifamily residential development in the C-200 Limited Business Zone shall conform to the following standards:

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

Purpose. It has been determined that there is a need for alternative housing in Lacey Township 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 multifamily residential developments are hereby authorized to be developed as a conditional use in existing C-200 zones, upon compliance with the design criteria set forth in this subsection, and approval of the general development plan and/or preliminary and final subdivision/site plan approvals from the Lacey Township Planning Board.

Location restrictions. In the event that the property proposed for development pursuant to this section is located between Lacey Road and South Street, age-restricted multifamily residential buildings shall only be permitted a maximum distance of 650 feet easterly of the former railroad right-of-way, provided that such buildings are not closer than 300 feet to a state highway right-of-way. Utilities, stormwater detention basins and related improvements needed to serve the age-restricted multifamily buildings shall be permitted beyond the 650 foot limit.

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

Types of housing permitted:

Garden apartments.

Townhouses.

Permitted principal uses:

Dwellings of the permitted types specified.

Recreation facilities.

Sales rental and administrative offices required for the construction, sale, resale, rental and management of the development.

Maintenance facilities.

Permitted accessory uses:

Master television antenna system and/or cable television antenna/reception facilities.

Common parking areas for guest parking or dedicated for specific parking purposes, such as recreational vehicle and trailer parking.

Buildings for storage of vehicles, equipment and supplies.

Outbuildings and structures as part of recreation facilities.

Such other facilities and uses commonly associated with the operation of the development.

Age restriction requirements.

Occupancy restrictions:

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]

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

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

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

Permitted density. The maximum permitted density shall be 10 units per gross acre.

Area and size requirements.

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

The minimum tract size shall be five acres. Such acreage shall be in common ownership and shall be developed as one entity but may be bisected by a public road which is not a state or county highway. Acreage within the public right-of-way shall not be utilized to calculate the five-acre minimum tract size or the minimum lot coverage or open space.

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

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 and may extend into an abutting nonresidential zone, except that improvements shall be limited to utilities necessary for the age-restricted development.

Bulk requirements (principal structures).

The minimum setbacks for buildings from an exterior roadway shall be 50 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.

The minimum setbacks for buildings facing interior roadways or circulation driveways shall be 20 feet, which shall be increased to 25 feet for dwellings with garages.

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

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

The minimum distances between buildings shall be as follows:

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

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

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

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

The minimum distance from any lot line that is adjacent to a residential zone or to the former railroad right-of-way shall be 50 feet.

[7]

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

Bulk requirements (accessory structures).

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

The minimum rear or side yard setback shall be 20 feet when abutting nonresidentially used or zoned property.

The maximum height of accessory buildings shall be 16 feet.

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

(k)

Minimum parking requirements.

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

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.

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

(l)

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.

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

(m)

Additional requirements.

In the event that the property proposed for development pursuant to this section is located between Lacey Road and South Street, residential development shall be subject to the improvement of the former railroad right-of-way for the entire frontage of the property. "Improvement" shall be deemed to be either the existing improvement of the right-of-way, proposed improvement by the developer or the payment of the fair-share assessment by the developer, as provided by ordinance. However, frontage on an improved public street other than U.S. Highway No. 9 shall exempt an applicant from this requirement.

All first-floor units shall be barrier-free accessible.

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

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.

(20)

Liquor stores. Liquor stores may be permitted as a conditional use in the Office-Commercial Zone, provided that the following requirements are met:

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

Provision shall be made for on-site delivery and unloading in designated areas which the applicant must demonstrate will have minimal impact on surrounding uses. The Planning Board may restrict the hours in which deliveries can be made to lessen any adverse impacts on surrounding areas.

The permitted hours of retail operation shall be limited to 6:00 a.m. until 10:00 p.m.

Primary parking for customers shall be located in front of the building.

The main entrance to the liquor store shall front onto Lacey Road.

If the subject property is a corner lot, any side street access to the site shall be limited to the first 150 feet of depth of the lot.

The applicant shall provide covered waste and recycling containers in a fully enclosed refuse area with gates for access. The designated refuse area shall be appropriately screened with plantings satisfactory to the Planning Board to ensure visual protection and aesthetics. Refuse and recycling pickup shall be scheduled on a frequent basis, to the satisfaction of the Planning Board, so as not to create any detrimental effects for health, safety or welfare of the vicinity.

The applicant shall provide adequate planting screening strips to protect surrounding properties from any detrimental impact from the operation at the premises.

The applicant must demonstrate to the satisfaction of the Planning Board that no objectionable noise, smell, smoke, gas or effluent will be emitted from the liquor store which could adversely affect or impair the normal use of any property, structure or dwelling in any residential, office or commercial zone in the vicinity.

(21)

Where permitted as a conditional use by the Lacey Township Zoning Ordinance, age-restricted multifamily residential development in the RO-150 Residential and Office Park Zone shall conform to the following standards:

[Added 5-12-2005 by Ord. No. 2005-41]

Purpose. It has been determined that there is a need for alternative housing in Lacey Township 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 multifamily residential developments are hereby authorized to be developed as a conditional use in existing RO-150 Zones, upon compliance with the design criteria set forth in this subsection, and approval of the general development plan and/or preliminary and final subdivision/site plan approvals from the Lacey Township Planning Board.

Location restrictions. Age-restricted multifamily residential buildings shall be permitted no closer than 500 feet from the right-of-way of Lacey Road.

Types of housing permitted:

Garden apartments.

Townhouses.

Permitted principal uses:

Dwellings of the permitted types specified.

Recreation facilities.

Sales rental and administrative offices required for the construction, sale, resale, rental and management of the development.

Maintenance facilities associated with operation of the stated principal uses.

Permitted accessory uses:

Common parking areas for guest parking or dedicated for specific parking purposes, such as recreational vehicle and trailer parking.

Buildings for storage of vehicles, equipment and supplies associated with operation of the stated principal uses.

Outbuildings and structures as part of recreation facilities.

Such other facilities and uses commonly associated with the operation of the development.

Age restriction requirements:

A husband or wife, regardless of age, residing with his or her spouse, provided the spouse of such person is 55 or older; or

The child or children residing with a permissible occupant, providing the child or children is or are of the age of 19 years or over; or

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

Permitted density. The maximum permitted density shall be 10 units per gross acre.

Area and size requirements.

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

The minimum open space shall be 30% of the gross tract area. Natural features shall be preserved to the maximum extent possible. Open space may include recreation amenities and stormwater mitigation measure areas.

Bulk requirements (principal structures):

The minimum setbacks for a townhouse facing interior roadways or circulation driveways shall be 20 feet, which shall be increased to 25 feet for dwellings with garages. For garden apartments or condominium buildings, the minimum setback to interior circulation drives shall be 12 feet.

The minimum setbacks for buildings from interior parking lots shall be 20 feet for a townhouse and 12 feet for a garden apartment or condominium building.

The minimum distances between apartment or condominium buildings shall be as follows:

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

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

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

The maximum height of buildings shall be 45 feet and a maximum of three stories.

The minimum distance from any lot line that is adjacent to a residential zone shall be 50 feet for a garden apartment or condominium building and 30 feet for a townhouse.

[7]

The minimum rear or side yard setback from any exterior lot line shall be 30 feet.

Bulk requirements (accessory structures):

The minimum rear or side yard setback from any exterior lot line shall be 25 feet.

The minimum rear or side yard setback shall be 20 feet when abutting nonresidentially used or zoned property.

The maximum height of accessory buildings shall be 16 feet.

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

(k)

Minimum parking requirements:

The minimum number of required parking spaces shall be 2.3 spaces per dwelling unit for townhouses and 2.0 spaces per dwelling unit for apartments or condominiums or the latest edition of the New Jersey Residential Site Improvement Standards.

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.

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

(l)

Buffer requirements.

Buffers shall consist of stands of existing vegetation and natural features (such as streams, brooks, wetlands, wooded areas, steep slopes and other areas of scenic and conservation value). Where existing vegetation within the required buffer area is sparse and does not provide a suitable visual screen, supplemental planting within and immediately adjacent to the buffer shall be required. Supplemental planting shall consist of a mix of deciduous and evergreen trees and shrubs in varying sizes, including seedlings, whips and standard size nursery plants, and of native species or species similar to those that exist on the site. Installation of supplemental planting shall not be at the loss of existing healthy vegetation, including shrub masses, within the buffer area.

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

The minimum width of a tract buffer may be reduced to 25 feet to permit grading, drainage facilities, accessory structures, porches, patios and decks, provided that a combination of supplemental plantings and screen fencing are provided within and immediately adjacent to the buffer area.

(m)

Additional requirements.

All first floor units shall be barrier-free accessible.

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

(22)

Detached single-family dwellings in the FA Zone which are not clustered, in accordance with the standards of § 335-71A(1), may be permitted, provided that:

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

The Planning Board finds that:

Clustering of the proposed dwellings would be inconsistent with the standards of Article IV, Pinelands Area Development Standards; or

Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development.

Minimum lot area: 25 acres.

(23)

Where permitted as a conditional use by the Lacey Township Zoning Ordinance, residential cluster development in the R-75, R-75A, R-75B and R-80 Zones shall conform to the following standards:

[Added 12-29-2015 by Ord. No. 2015-15]

Permitted uses. Within the above-referenced zones, the Residential 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:

Residential cluster developments as defined in § 335-3 herein, on tracts having a minimum contiguous area of at least 30 acres devoted entirely to the use of a residential cluster development consisting of detached single-family dwellings.

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.

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

Schedule of minimum requirements.

Residential cluster development shall be not less than 30 contiguous acres under one ownership or control; provided, however, that an area of less than 30 acres may be added to an existing residential cluster development under the following conditions:

It is contiguous to the residential cluster development.

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

Gross residential density. There shall be no more than five 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.

Homes constructed in the Residential Cluster Development Zone shall have a minimum gross floor area of 864 square feet.

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.

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

Streets and roads.

Streets and roads within the residential 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.

Street design and construction. All proposed streets in the residential 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.

Private streets.

[i]

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 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 cluster development shall conform to the requirements set forth in Chapter 297, Subdivision of Land, or as otherwise amended herein.

[ii]

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.

[iii]

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.

Sanitary sewer. Each lot in a residential 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.

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

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.

Buffers and screening. Along the exterior boundary line of any land areas developed as a residential 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 § 335-48 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 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 § 335-48 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 cluster development plan.

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.

Open space standards.

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.

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.

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

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.

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.

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:

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.

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.

Membership in the organization shall be mandatory for all residents of the residential cluster development.

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

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.

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 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 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 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 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 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 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 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.

Recreational area.

There shall be in each residential 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.

Each RCD 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 RCD. 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 RCD. 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.

Where a residential 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.

Procedural requirements.

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.

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

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

Bylaws of the proposed homeowners' association.

Proposed agreement of sale.

[d]

Proposed form of deed.

[e]

Title insurance certificate.

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 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.

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 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.

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 cluster development, review all of the building permits issued for said residential 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.

Editor's Note: Former Subsection C, dealing with general standards and regulations, was repealed 7-24-1997 by Ord. No. 97-30, which ordinance also relettered former Subsections D and E as Subsections C and D, respectively.

Compliance with standards and regulations; proof required.

All conditional uses. Satisfactory proof that the general and special standards and regulations set forth in this section and chapter will be complied with by the applicant for a conditional use permit shall be submitted by the applicant. Such proof shall include, but shall not necessarily be limited to, the following:

Site plans, in accordance with the provisions of Chapter 285, Site Plan Review, of the Lacey Township Code, and architectural drawings, showing the type and location of all buildings, structures, parking and loading facilities on the lot.

Engineering drawings and specifications adequately describing the operations to be conducted and the means and devices to be used to preserve health and safety.

A description of the proposed use, including, to the extent applicable to that use, the following:

A description of the products to be manufactured or processed and the control of effluents incident thereto.

The approximate number of employees.

The anticipated number of customers to be serviced.

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 or lots, on which the use is proposed.

Industrial conditional uses. Satisfactory proof that the general standards and regulations set forth in this section and chapter will be complied with by the applicant for a conditional use permit shall be submitted by the applicant. Such proof shall include, but shall not necessarily be limited to, the following:

All proof required under the foregoing Subsection E(1) of this section.

Such proof as is required by the Planning Board in accordance with § 335-68 of this chapter, pertaining to performance standards for all industrial zones.

Reports from the below-listed agencies of the State of New Jersey, stating their opinion as to whether or not the proposed use will comply with the accepted industrial tolerance standards of that agency and the effect on the general health and welfare of the public.

Lacey Township Board of Health.

New Jersey State Department of Health, Bureau of Adult and Industrial Health, in regard to public health hazards or public nuisances as created by chemicals, dust, noise, smoke, odors and other nuisance factors.

New Jersey State Department of Health, Division of Environment Sanitation, Bureau of Public Health Engineering, in regard to liquid waste disposal which will be discharged either into the ground or into streams, drains or other bodies of water.

New Jersey State Department of Conservation and Economic Development, Bureau of Geology and Topography, in regard to the availability of the required water supply and the effect of any necessary wells upon any existing wells in the surrounding area.