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

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.

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

Home occupations conducted entirely within the principle structure.

Home occupations conducted outside of the principal structure.

Home professional offices.

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

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

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

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

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

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

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

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

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

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

Nursery schools and day-care centers.

Home occupations conducted outside the principle structure.

Home professional offices.

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]

Parks and playgrounds.[2]

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

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]

Home occupations conducted entirely within the principal structure on the premises.

Home professional offices.

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

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

Types of housing permitted as an accessory use:

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.

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.

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:

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.

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

Streets and roads.

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.

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.

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 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.

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.

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.

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 retirement 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

Age-restricted planned unit residential development (PURD).

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

Age-restricted residential development (ARRD).

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.

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

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

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.

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.

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

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

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:

Definitions.

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

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

Area requirements. The following area requirements shall apply to any ARRD.

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:

Procedural requirements.

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

Maximum area of the commercial use: five acres.

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.

Minimum parking requirements:

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.

Minimum parking requirements:

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

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

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.

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

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.

Public schools and parochial schools.

Public recreational and community center buildings and grounds.

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.

Nursery schools and day-care centers.

Public recreational and community center buildings and grounds.

Public libraries and museums.

Multiple commercial structures.

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).

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

"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.

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]

Driveways, driveway openings and curb cuts.

[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.

Dwelling units in mixed-use buildings.

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.

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

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.

Buildings housing corporate office headquarters and branch operations.

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

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.

Municipal buildings and other governmental and/or public uses.

Nursing homes and assisted living care facilities.

Senior citizen community resource centers.

Age-restricted multifamily development.

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.

Offices of public utilities and dial or switching equipment buildings.

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

[1]Shopping centers and multiple structures.

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

Contractors' and builders' offices.

Clubs, lodges, association buildings and meeting rooms and halls.

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

Miniature golf and archery ranges.

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.

Restaurants.

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.

Public schools and parochial schools.

Public recreational and community center buildings and grounds.

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.

Nursery schools and day-care centers.

Public recreational and community center buildings and grounds.

Public libraries and museums.

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

Motor vehicle repair garages.

Motor vehicle service stations.

Automobile body shops.

Motels.

As an accessory use:

As a conditional use:

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

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

Area and size requirements.

Bulk requirements (principal structures):

Bulk requirements (accessory structures):

Minimum parking requirements:

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.

Additional requirements:

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.

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

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.

Public schools and parochial schools.

Public recreational and community center buildings and grounds.

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.

Nursery schools and day-care centers.

Public recreational and community center buildings and grounds.

Public libraries and museums.

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.

Age-restricted multifamily residential development.

Townhouses and condominiums.

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

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

Area and size requirements:

Bulk requirements (principal structures):

Bulk requirements (accessory structures):

Minimum parking requirements:

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.

Additional requirements:

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.

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.

Restaurant and luncheonette.

Automobile parking areas.

Marine services consisting of the following:

Marine engine sales and repairs.

Boat sales.

Marine supplies and equipment.

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

Office for marine surveyors, brokers and insurers.

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

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

Bed-and-breakfast as defined.

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

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

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

Area and size requirements:

Bulk requirements (principal structures):

Bulk requirements (accessory structures):

Minimum parking requirements:

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.

Additional requirements:

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

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:

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.

Medical cannabis dispensaries.

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.

Executive and administrative offices of public or private corporations or institutions.

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

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.

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.

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

Manufacture of optical instruments or supplies.

Manufacture of musical instruments or supplies.

Publishing companies.

Manufacture or assembly of clocks and time pieces.

Manufacture or assembly of surgical and like medical instruments.

Manufacture or assembly of typewriters.

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

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

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

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

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.

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.

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.

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.

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

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

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.

Manufacture or assembly of elevators or elevator equipment.

Enameling or electroplating.

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.

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.

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:

Slaughtering of animals.

Rendering of fats and oils.

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

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

Manufacture or storage of high explosives.

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

Manufacture or processing of fertilizer.

Manufacture or refining of asphalt.

Manufacture or processing of cork.

Manufacture of rubber.

Manufacture of linoleum or oilcloth.

Manufacture of glue or gelatin.

Tanning and curing of hides or skin.

Manufacture of paint or varnish.

Manufacture of oil.

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

Excavation of sand or gravel or other natural mineral deposits.

Manufacture of ink.

Manufacture of storage of fireworks.

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.

Fish processing.

Manufacture of lime or cement.

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.

Food canning.

Slaughtering of animals.

Rendering of fats and oils.

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

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

Manufacture or storage of high explosives.

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

Manufacture or processing of fertilizer.

Manufacture or refining of asphalt.

Manufacture or processing of cork.

Manufacture of rubber.

Manufacture of linoleum or oilcloth.

Manufacture of glue or gelatin.

Tanning and curing of hides or skin.

Manufacture of paint or varnish.

Manufacture of oil.

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

Excavation of sand or gravel or other natural mineral deposits.

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

The dumping of atomic waste materials.

Any industry requiring the use of radioactive materials.

Manufacture of ink.

Manufacture or storage of fireworks.

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.

Fish processing.

Manufacture of lime or cement.

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.

Food canning.

Public utility activity constituting the manufacture of electricity.

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:

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:

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

Recreational facilities;

Fences and walls;

Signs; and

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

Minimum lot area: five acres.

Minimum lot width: 200 feet.

Minimum lot depth: 200 feet.

Minimum front yard setback: 30 feet.

Minimum rear yard setback: 25 feet.

Minimum side yard setback: 25 feet.

Maximum building height: 35 feet and two stories;

Maximum building coverage: 15%.

Maximum impervious coverage: 40%.

Minimum unoccupied open space: 25%.

Minimum parking lot setback from public street: 35 feet.

Minimum parking lot setback to property line: 20 feet.

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.

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.

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

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.

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% regardless of tenure 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. 5:80-26 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. 5:80-26.3(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.

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

Accessory uses. The following shall be permitted:

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

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

Site improvement standards.

A development, other than single-family family detached, providing a minimum of five new housing units created through any municipal rezoning or Zoning Board action, use or density variance, redevelopment plan, or rehabilitation plan that provides for densities at or above six units per acre, is required to include an affordable housing set-aside of 20%.

Any affordable units generated through such mandatory set-aside shall be subject to all other provisions of this ordinance.

All such affordable units shall be governed by Chapter 127, Affordable Housing Program, of the Township of Lacey Land Use Ordinance,[1] the controls on affordability, including bedroom distribution, and affirmatively marketed to the housing region in conformance with UHAC at N.J.A.C. 5:80-26.1 et seq., any successor regulation, and all other applicable laws.

No subdivision shall be permitted or approved for the purpose of avoiding compliance with this requirement. Developers cannot, for example, subdivide a project into two lots and then make each of them a number of units just below the threshold.

The mandatory set-aside requirements of this section do not give any developer the right to any rezoning, variance or other relief, or establish any obligation on the part of the municipality to grant such rezoning, variance or other relief.

This municipality-wide mandatory set-aside requirement does not apply to any sites or specific zones otherwise identified in the HEFSP, for which density and set-aside requirements shall be governed by the specific standards as set forth therein.

In the event that the inclusionary set-aside of 20% of the total number of residential units does not result in a full integer, the developer shall choose one of two options for addressing the fractional unit:

Applicability.

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

Accessory uses. The following shall be permitted:

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

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

Site improvement standards.

Retail.

Multifamily units (not permitted on ground floor).

Open space area(s);

Off-street parking facilities including driveways;

Fences in accordance with the applicable Township standards;

Signs in accordance with the standards in the Township Code;

Sidewalks in accordance the Township Code; and

Other uses which are customarily incidental and subordinate to the principal use.

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.

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.).

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 100%-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.

20% of the total number of units shall be affordable units.

Income distribution.

Bedroom distribution.

Affordable housing units shall be developed in accordance with the prevailing UHAC requirements.

Buildings shall be designed to complement and enhance the context of the surrounding areas.

Large blank or featureless walls shall be avoided.

Blank or featureless walls are prohibited. No buildings shall have a wall with an uninterrupted length of more than 30 feet without including any change in the vertical plane of the facade.

Buildings shall be designed using a color palette that complements the architectural context of the surrounding area.

Primary exterior building materials shall be a mix of brick or brick veneer, stone, cultured stone, stucco, natural wood, composite wood, metal, glass, vinyl, or similarly durable materials.

A three-dimensional rendering and a colored elevation rendering shall be submitted as part of site plan application. Rendering shall provide a depiction of the proposed building demonstrating several key features such as architecture, proposed color palette, examples of terrace amenities, etc.

All mechanical equipment and rooftop appurtenances shall be screened from public view.