Lakewood Township City Zoning Code
ARTICLE X
CONDITIONAL USE REQUIREMENTS
18-1001 Adult Communities.
[Amended 9-2-2021 by Ord. No. 2021-50; 5-22-2025 by Ord. No. 2025-017]
It having been determined that there is a need for alternative housing in the Township of Lakewood for the adult population who no longer maintain a residence for their children and which is comprehensively designed to meet the needs of adults. Adult communities are hereby authorized to be developed in those residential zones in which adult communities are recognized as a permitted use, upon compliance with the design criteria set forth in this section and approval of the general development plan, preliminary and final subdivision/site plan approvals from the Planning Board of the Township of Lakewood as hereinafter described:
A.
Definitions.
1.
ADULT COMMUNITY PROJECT ("ACP") – As described herein shall mean a private residential community comprised of various housing types and accessory uses intended for, and limited and restricted to, use and occupancy of:
a.
Any person of the age of 55 years or over; or
b.
A husband or wife, regardless of age, residing with his or her spouse, provided the spouse of such person is of the age of 55 years or over; or
c.
The child or children residing with a permissible occupant, provided the child or children is or are of the age of 19 years or over; or
d.
The individual or individuals, regardless of age, residing with and providing physical or economic support to a permissible occupant.
The foregoing occupancy restrictions shall not be construed to prohibit the occupants of any unit in an adult community project 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. |
2.
ATTACHED UNIT – As used herein shall mean a unit which is connected to another unit by a party wall, trellis, fence, overhang or other similar appurtenances.
3.
DETACHED UNIT – As used herein shall mean a unit which is not physically connected to any other unit.
4.
GARDEN FLAT UNITS – As used herein shall mean attached units which are both horizontally and vertically connected to other attached units.
5.
MULTI-UNIT BUILDING – As used herein shall mean any building containing attached units or garden flat units.
6.
UNIT – As used herein shall mean a single family residence.
B.
Minimum tract size. An ACP may only be developed on one or more contiguous parcels of land having a total gross area of not less than 100 acres within the R-40 zone. An ACP may also be developed on one or more contiguous parcels of land having a total gross area of not less than 50 acres within the R-20/R-12 zone, provided that the tract is abutting or directly across an existing public street from an existing ACP. An ACP within the R-20/R-12 zone must meet the recreation facility and amenity requirements of this subsection.
C.
Permitted principal uses. The principal uses of buildings in an ACP shall be limited to the following:
1.
Units of all types provided that they comply with the area and bulk zoning requirements of this subsection.
2.
Recreation facilities.
3.
Sales and administrative offices required for the construction, sale, resale and management of the ACP.
4.
Maintenance buildings.
5.
The commercial uses permitted under this subsection.
D.
Permitted accessory uses. The accessory uses of buildings and structures in an ACP shall be limited to the following:
1.
Master television antenna system and/or cable television antenna/reception facilities.
2.
Common parking areas for guest parking or dedicated for specific parking purposes such as a recreational vehicle and trailer parking.
3.
Buildings for storage of vehicles, equipment and supplies.
4.
Outbuildings and structures as part of recreation facilities.
5.
Decks, as defined at Section 18-200, to be constructed which will connect to a residential dwelling, provided the deck meets the following criteria outlined below:
a.
The deck shall not be located in any required front yard.
b.
The deck shall be located at least five feet from any side yard property line and/or eight feet from any rear yard property line.
c.
In no case shall the deck be constructed more than three feet above the proposed finished grade.
d.
The gross footprint area of the deck shall not exceed 265 square feet.
e.
The deck shall not be permitted to encroach in any drainage or conservation easement.
f.
The homeowners' association, as defined in Section 18-1001M, and required in all adult community projects, shall confirm in writing that it has no objection to the location of the proposed deck.
g.
The owner(s) of the contiguous properties adjacent to the property upon which the deck is to be constructed shall confirm in writing that they have no objection to the location of the proposed deck. This requirement is unnecessary if the requestor also owns the adjacent property.
h.
The Zoning Officer may issue a zoning permit for construction of a deck complying with the above requirements without the need of the requestor to apply for site plan, conditional use, or an exempt site plan exception.
E.
Area requirements. The following area requirements shall apply to any ACP:
1.
Maximum building coverage: 25 percent of gross area of ACP tract.
2.
Maximum building density: 4.5 units per gross acre of ACP tract exclusive of commercial uses.
3.
Minimum open space: Either 50 percent open space of gross area of ACP tract or 20 percent common open space of gross area of ACP tract. For purposes of this requirement "open space" shall mean those portions of the ACP tract not covered by buildings structures of any kind, streets or other surfaces paved with impervious materials.
F.
Bulk requirements. The following bulk requirements shall apply to the applicable unit types in an ACP.
1.
For detached units on individual lots: All detached units to be constructed on individual lots in an ACP shall comply with and conform to the following requirements:
2.
For detached units on common property:
a.
Minimum setback from interior roadway or circulation driveway: 20 feet
b.
Minimum distance between detached units:
(1)
For units oriented side-to-side to each other the minimum distance between buildings shall be 20 feet, except in such cases where the facing wall of one unit is windowless, whereupon the minimum distance may be reduced to 10 feet.
(2)
For units oriented at 90 degrees to each other the minimum distance between buildings shall be 20 feet.
(3)
For units oriented rear-to-rear to each other the minimum distance between buildings shall be 40 feet.
4.
For attached units on common property:
a.
Minimum setback from interior roadway or circulation driveway: 20 feet
6.
Minimum distance between multi-unit buildings:
a.
For multi-unit buildings oriented at 90 degrees to each other the minimum distance between same shall be equal to the building height.
b.
For multi-unit buildings oriented end-to-end to each other, the minimum distance between same shall be equal to one-half (0.5) the building height.
c.
For multi-unit buildings oriented with parallel axis facing each other, the minimum distance between same shall be one and one-half (1.5) times the building height.
7.
Maximum units per multi-unit building: 8
8.
Minimum parking requirements.
a.
For each detached unit: 2.0 spaces
b.
For each unit in a multi-unit building: 2.0 spaces
c.
At a minimum, each detached unit shall contain one garage space which will count as one space. A private driveway with the capacity for off-street parking for one automobile shall be deemed to constitute one parking space.
d.
Construction, design, lighting, screening and landscaping of parking areas and streets shall conform to the applicable provision of this chapter. To the extent that the Township's standards for the construction and design of parking facilities including the size and number of parking spaces as well as the design of internal streets and circulation driveways is inconsistent with the Residential Site Improvement Standards (RSIS), then the RSIS code standards shall govern the parking area and street design.
9.
Maximum building height: 35 feet or two and one-half (2.5) stories except as provided in Subsection l below.
G.
Utilities. An ACP must be fully serviced by central water transmission and sanitary sewerage facilities owned and operated by the Lakewood Township Municipal Utilities Authority or duly franchised public utility companies.
H.
Recreation facilities. Any ACP shall contain and provide for the benefit, use and enjoyment of its residents, the following recreation facilities:
1.
Any ACP located within all zoning districts shall contain a recreation area which shall contain a recreation building comprised of at least 15 square feet of floor area (inclusive of basement area) for each unit intended to be developed in the ACP. If the developer proposes to develop the ACP in phases or sections with separate recreation facilities for each phase or section each building shall contain 15 square feet of floor area (inclusive of basement area) for each unit intended to be developed in the phase or section to be served by that recreation building.
2.
Swimming pool with a minimum area of twenty-eight hundred (2,800) square feet plus an additional area equal to five square feet for each unit in excess of 500 units to be service by said pool. The size of the swimming pool shall be able to accommodate swimming lanes (each swimming lane is currently 25 meters in length by two and two-thirds (2-2/3) meters in width) in accordance with National Recreation and Park Standards. Each swimming pool shall be serviced by an adjacent improved sitting area surrounding all sides of the pool with an aggregate area equal to twice the water surface area of the pool. Indoor and outdoor pool areas may be combined to meet the minimum area requirements.
3.
Parking facilities serving the recreation area with a minimum number of parking spaces equal to one space for each 50 square feet of area comprising the recreation building.
I.
Optional recreation facilities. An ACP may provide, in addition to the recreation facilities prescribed in Subsection H above any one or more of the following facilities:
1.
Golf course ("ACP golf course").
2.
Picnic-barbeque areas.
3.
Paddle tennis courts.
4.
Six bocce courts.
5.
Jogging trail.
6.
Three tennis courts.
7.
Fitness-exercise courses.
8.
Gardening areas (including greenhouses).
9.
Six shuffleboard courts.
10.
Such other activities which the planning board shall find to be consistent with the lifestyle of residents of an ACP and which are subordinate to the residential character of an ACP.
J.
Ownership of recreation facilities. Except for an ACP golf course, recreation facilities shall be owned by the homeowner's association (defined below). Provided, however, that in the event that an ACP golf course is intended to be owned by other than the homeowners' association ("private ownership") the ACP golf course must be so identified in the application for preliminary subdivision or site plan approval and must satisfy the following criteria:
The developer-applicant shall provide adequate assurances (through recorded deed restrictions or agreements) that the ACP golf course shall be available for use and enjoyment by all residents of the ACP upon terms and conditions no less favorable than offered to any person not a resident of the ACP and at a cost to the homeowners' association not greater than the homeowners' association would incur for its operation, upkeep, repair and maintenance if owned by the homeowners' association.
K.
Setback and distance measurements. Building setbacks and minimum distances between all buildings shall be measured to building foundation lines, excluding foundations for fireplaces, porches and other exterior protrusions of a building which do not protrude beyond six feet from the building foundation line.
L.
Perimeter boundary setbacks. No buildings or structures, other than entrance gate-houses, walls or fences, shall be located within 75 feet of any exterior boundary line of the ACP tract. The building height of any residential building adjacent to any perimeter boundary setback abutting an R-20 Residential Zone shall not exceed 25 feet.
M.
Homeowners' association; recorded covenants. Any ACP shall be governed and regulated by one or more recorded declaration of covenants and restrictions ("C&Rs") which shall provide for and create one or more incorporated membership organizations under Title 15 of the New Jersey Statutes in which all unit owners in the ACP shall be required to be members (the "homeowners' association"). The C&Rs shall provide for (i) the ownership, maintenance, operation and upkeep of all recreation facilities, open space, streets and other common areas within the ACP by the homeowners' association, (ii) the restrictions on unit occupancy set forth in Subsection A above, (iii) the procedure for creating, imposing and collecting assessments from each unit owner to finance the foregoing, and (iv) the organization, operation and management of the homeowners' association. A complete copy of the proposed C&Rs and all documents creating and organizing the homeowners' association shall be submitted to the planning board for review and approval with the first application for final subdivision and/or site plan approval submitted for the ACP or the first section thereof.
N.
Streets and roads. All streets and roads in an ACP shall conform to the provisions of this chapter and the requirements of the Residential Site Improvement Standards except as hereinafter specifically provided.
1.
Provided that the developer-applicant of an ACP shall expressly condition the preliminary subdivision and/or site plan approval of the ACP upon all streets and roads within the ACP being privately owned and maintained by the homeowners' association in perpetuity, such streets and roads shall be constructed in accordance with this chapter, except as follows: (i) minor streets (i.e. streets of not more than 1,200 feet in length which shall be through streets or terminate in a cul-de-sac) shall have an overall paved roadway width of 22 feet; (ii) minor collector streets shall have a paved roadway width of 30 feet and (iii) major collector streets shall have a paved roadway of 40 feet. All ACP streets shall be constructed with a six inch road gravel base conforming to the New Jersey Highway Specifications Grade A or B, with a CABC-1 of one and one-half (1.5) inch thickness of bituminous concrete binder course and a one inch bituminous concrete surface course. If roll curbing is utilized, the measurement of the parcel roadway width shall include roll curb. Curbs shall be constructed in accordance with this chapter except as follows: (i) minor streets shall have a curb radius of 15 feet and minor collector and major collector streets shall have a curb radius of 20 feet; (ii) cul-de-sac of minor streets and minor collector shall have a minimum curb radius of 40 feet and no parking shall be allowed in the cul-de-sac. Sidewalks where proposed shall have a minimum width of three and one-half (3.5) feet. Additional sidewalks may be required by the planning board.
2.
In the event a developer-applicant of an ACP intends to seek, or reserve unto the homeowners' association the option to seek, to have the Township accept for maintenance some or all of the streets and roads within the ACP at some future time, then all streets, roads, curbs and sidewalks shall strictly conform to the applicable design requirements of this chapter. Provided, however, that the Township shall be under no obligation to accept said streets and roads.
O.
Drainage. All on-site drainage shall be provided for in accordance with Lakewood Township storm drainage requirements and applicable Township ordinances pertaining to subdivision and development of lands.
P.
Driveways, walks and parking areas. There shall be provided a safe and convenient system of driveways, walks and parking areas. Due consideration shall be given in planning walks, ramps and driveways to prevent slipping or stumbling. Gradients of walks shall not exceed 7% except where required to meet handicapped access requirements.
Q.
Commercial uses. As part of an ACP, a developer-applicant may designate one or more parcels of the ACP tract for development of those commercial uses hereinafter designated as permitted commercial uses in an ACP, subject to the following requirements:
1.
The aggregate amount of land in the ACP tract designated for all commercial uses shall not exceed the lesser of 10 acres or 5% of the total area of the ACP tract.
2.
The aggregate finished floor area of all commercial uses in an ACP shall not exceed 20% of the aggregate land area of the ACP designated for commercial use.
3.
No commercial use or parking area serving a commercial use shall be located less than 300 feet from any perimeter boundary line of an ACP.
4.
No commercial building shall exceed 30 feet in height. Provided, however, that any building originally constructed within an ACP for residential use and subsequently converted to commercial use shall not exceed 35 feet in height.
5.
Parking areas shall be provided to serve all commercial uses with a capacity of one parking space for each 200 square feet of commercial space. Provided, however, that the planning board may approve parking areas designed to serve both commercial uses and recreation facilities in the ACP upon finding that the proposed parking areas are adequate to serve both uses.
6.
No commercial use shall be located closer than (i) 35 feet from the curb line of any major or minor collector street, or (ii) 15 feet from the curb line of any minor street.
7.
No parking area serving commercial uses shall be located closer than 20 feet from the curb line of any major collector or minor collector street.
8.
No commercial use shall be located closer than 100 feet from any residential building and all commercial uses shall be screened from adjoining residential uses by landscaped buffer areas.
9.
The following are the only commercial uses permitted in an ACP and, in each instance, shall be designed, operated and maintained for the principal use of ACP residents and their guests:
a.
Medical and dental offices for all recognized fields of medicine.
b.
Professional offices for attorneys, accountants and real estate, insurance and stock brokers.
c.
Personal service offices for travel agencies, interior decorators (which use shall be limited to retail sales to residents of the ACP in conjunction with the sale of units in the ACP), banks, barber and beauty shops.
18-1002 Agricultural Uses and Stables.
A.
Minimum lot size - 6 acres.
B.
Minimum setback from all property lines - 100 feet.
C.
Where permitted, an application for stables shall include a detailed site plan showing the location of the stables, the number of horses to be located in each stable, the relationship on the property to riding trails and the streets in the area. Stables are subject to the following standards:
1.
If horses are to be used for horse-back riding, the property shall have direct access to riding trails.
2.
A commercial stable must provide one off-street parking space for every horse stabled.
3.
Access to and from the property for horse-drawn vehicles shall be on minor roads as determined by the Planning Board.
D.
The number of livestock per acre (exclusive of a minimum area of one acre devoted to residential use) shall not exceed one adult horse or cattle, or two adult sheep or goats with their young under six months of age. Commercial kennels are prohibited.
18-1003 Golf Courses.
A.
The golf course grading shall be consistent with a stormwater management plan designed to result in all stormwater being collected and retained on-site where the ponds can provide stormwater management, flood control, water supply for irrigation purposes to reduce demands on off-tract ground and surface water supplies, aesthetic appearances and/or water hazards for golfers. This shall include off-site drainage arriving at the golf course and any associated residential development and drainage originating from any associated residential development.
B.
The applicant shall provide a water resource monitoring program, designed to minimize the use of off-tract surface water and groundwater resources while maximizing the use of stormwater retained on the site. This plan shall provide for ground and surface water quality monitoring for nutrients, pesticides and other parameters to be determined by the approving authority.
C.
The applicant shall provide a turf management plan which is consistent with the grading and landscaping plans and shall discuss and define the use of drought-tolerant turf and landscaping material, the area to be irrigated, the required capacity of the irrigation system and the need for any water diversion permits. The plan shall also provide a proposed integrated pest management and turf management plan that defines the nature and use of the pesticides and other chemicals and fertilizers involved.
D.
All plans shall be integrated and coordinated in an effort to absorb and filter fertilizers, pesticides, herbicides and other non-point source pollutants to minimize contamination of streams and groundwater supplies. The course shall be required to have a golf course superintendent, certified by the Golf Course Superintendents Association of America, on staff and an ongoing site management program to monitor water use and weather conditions in conjunction with the application of fertilizer, pesticides and herbicides in order to adhere to the turf management plan and the water resources monitoring program. The monitoring and reporting data shall be submitted to the Township Engineer on a quarterly basis.
E.
A water use budget and water recycling plan shall be prepared and submitted as part of any golf course/clubhouse site plan application. This plan shall detail the source of potable and irrigation water, the projected amounts which will be required and the water supply capacity of any aquifer from which such water will be withdrawn, as outlined in the Water for the 21st Century: The Vital Resources, New Jersey Statewide Water Supply Master Plan (1996) including basis and background documents.
F.
Following the installation of any well intended to serve as a water supply source for the golf course, and prior to the issuance of a construction permit, a pump test shall be conduced at the maximum projected pumping rate. The test shall be in accordance with an approved New Jersey Department of Environmental Protection (NJDEP) Bureau of Water Allocation Aquifer Test Plan and subject to review by the Township and County Board of Health to assess the impacts on other well users in the vicinity and effects on stream base flows. If significant well interference (domestic observation well) on an existing well is demonstrated during interference tests, the new well cannot be certified for use. If a significant adverse impact cannot be remedied, the Board of Health will deny certification of the new well.
G.
The golf course application shall include a project specific integrated Turf Management Plan and an Integrated Pest Management Plan. The application shall also include a project-specific golf course operation manual which incorporates the guidelines and best management practices established by the "Draft Guidance Manual: Best Management Practices for Golf Course Management for Golf Course Construction and Operation in New Jersey" published by the New Jersey Department of Environmental Protection (NJDEP) dated January, 2000, and subsequent amendments and shall take into account guidelines promulgated by the United States Golf Association (USGA) and the Golf Course Superintendents Association (GCSAA).
H.
The golf course application shall include a ground water and surface water monitoring plan and proposed protocols to mitigate any adverse impacts. The plan shall be specifically for the proposed golf course/clubhouse and shall be approved by the approving authority in consultation with the Township Board of Health. Such monitoring program shall detail the type. Timing and frequency of testing and identify the specific chemical parameters to be tested. The plan must include background pre-construction monitoring and sampling and a continuing monitoring program and results of such water quality monitoring shall be submitted by the owner/operator to the Township Board of Health within 30 days of receipt of such results. In addition, continuous water level monitoring equipment (data logger) shall be installed and maintained as specified by the Board of Health. Test results of such water quantity monitoring shall be submitted by the owner/operator to the Board of Health within 30 days of receipt of such results by the owner/operator.
I.
A vegetated buffer at least 100 feet wide consisting of native trees, shrubs and ground covers, shall be provided and maintained between any turf area which will be treated with fertilizers or pesticides and the closest point of any 100-year floodplain or, if there is no floodplain, the top of bank of any permanent, intermittent stream. Pond frontage shall be exempt from this requirement upon a showing of good cause by the applicant.
J.
Grasses selected for use on a golf course shall be drought, pest and disease resistant to minimize the use of chemicals and irrigation.
K.
Soil erosion and sedimentation shall be minimized through golf course design which minimizes the need for mass grading for greens, tees and fairways, through coordinated soil erosion and sediment control measures and through construction phasing that limits the extent of clearing and soil exposure prior to revegetation.
L.
No portion of any golf tee, fairway or green shall be located closer than 50 feet to any tract boundary or public road right of way.
M.
Golf carts are allowed.
N.
No more than 50% of wooded areas (as shown on the most recent aerial photographs available) shall be cleared and priority shall be given to preservation of larger, healthy, mature trees. Any clearing beyond 40% of the wooded acreage of the tract shall be mitigated by replacement with native trees and shrubs elsewhere on the tract. Priority for such replacement shall be given to locations where stream corridors are not shaded by vegetation at the time of development.
O.
No clearing, grading or site improvement related to the golf course/clubhouse shall be conducted in areas of 15% slope or greater, except that areas of play (tees, greens, bunkers, fairways and practice facilities) created as part of the golf course which result in new areas of steep slope shall not be deemed to violate these requirements.
P.
Wherever a waterway crossing is proposed, such crossing shall be designed to minimize the removal of trees and other shading vegetation. All crossings other than access driveways shall be bridged, not designed with culverts.
Q.
Habitat for wildlife species which help control pests (e.g., bats, bluebirds, purple martins, etc.) should be protected. Additional habitat for these beneficial species should be created whenever feasible and environmentally desirable.
R.
Exterior site lighting shall be limited to parking lot areas and shall be limited to that necessary for safety and security. There shall be no spillover of lighting beyond the tract boundaries. The lighting shall conform to the lighting requirements of the Township.
S.
The golf course/clubhouse shall comply with the noise control limits established by N.J.A.C. 7:29-1.1 et seq. and shall not exceed 60 decibels at any tract boundary line.
T.
The golf course/clubhouse shall be designed to preserve the rural character of the viewshed and shall minimize the visual impact on the landscape.
U.
Major site plan approval shall be required for a golf course/clubhouse.
18-1004 Hospitals/Assisted Living/Nursing Homes.
A.
Hospitals, assisted living facilities and nursing homes are permitted conditionally in all non-residential zones:
1.
Minimum lot area - two acres.
2.
Minimum lot width - 100 feet.
3.
Minimum setbacks - 50 feet from all property lines.
4.
Off-street parking - three-quarters (0.75) parking space for each bed.
5.
Parking may be permitted in all yards to within 10 feet of any property line.
6.
A barrier of evergreen vegetation with a minimum natural height of eight feet shall be planted between the parking area and the property line everywhere the parking area is within 50 feet of the property line. If an opaque artificial barrier five feet in height is erected between the parking area and the property line, parking may take place within five feet of the property line.
18-1005 Motels.
A.
Minimum lot area - Two acres.
B.
Minimum lot width - 200 feet.
D.
Minimum off-street parking - One space for each unit.
E.
Accessory uses may be permitted on the same lot as the motel and may include a swimming pool, motel office and permanent living quarters for one household.
F.
One access road may be permitted onto a public road: the access road shall not exceed 24 feet in width. The center line of an access road where it intersects with a public road shall be perpendicular to the street line, 50 feet from any side property line or street line other than the street line with which the access road intersects and 75 feet from the center line of any other access road.
G.
The proposed motel site shall be so located that it shall have direct access to a major arterial road, which for the purpose of this section shall include on federal and state maintained roads.
H.
Any motel unit within 100 feet of an adjacent property line shall not face on that property, unless the unit is sufficiently buffered or concealed from the adjacent property.
I.
Any swimming pool shall be buffered from adjacent properties by means of buildings, trees, shrubs or screen fencing.
J.
No unit shall include full kitchen facilities.
K.
Minimum number of units - 50.
L.
Signs may be permitted and shall be subject to the regulations controlling signs for the business zones.
18-1006 Public Buildings.
A.
Minimum lot size - 1 acre.
B.
Minimum lot width - 100 feet.
E.
Maximum building height - 35 feet except that the height may be increased to a maximum permitted height of 50 feet at the rate of 2 feet in height for each additional one foot that the building is setback from the building setback lines.
F.
Building setback from another freestanding building within the same development - 50 feet.
G.
Maximum building coverage (includes all principal and accessory buildings located on a site) - 35%.
H.
Maximum impervious coverage (includes all buildings, pavement etc.) - 70%.
I.
Accessory structures shall be subject to the same locational requirements as principal buildings and shall not have a ground floor area in excess of 5% of the area of the site.
18-1007 Shopping Centers.
A.
The development of a shopping center on a lot more than two acres in size is permitted subject to the following:
18-1008 Service Stations and Public Garages.
[Ord. No. 2013-50]
A.
Where permitted, any application for a service station or public garage shall include a site plan which identifies the location and number of fuel pumps and their proposed depth and capacity. In addition, the site plan should identify the number or capacity of automobiles that may be garaged within the principle building and on-site.
B.
All fuel tanks shall be installed underground.
C.
The minimum size lot shall be 20,000 square feet. The minimum lot width and depth shall be 100 feet.
D.
Driveways shall cross the sidewalk at right angles and shall be not more than 36 feet wide at any point thereof. Driveways must be at least 10 feet from any side lot line or from the intersection of street lines. There shall be no more than one driveway on any one street frontage unless the street frontage is in excess of 99 feet, in which case, there may be a maximum of two driveways on the street frontage provided the driveways are 10 feet apart.
E.
The entire area of the station or garage traversed by motor vehicles shall be hard surfaced.
F.
Illumination of the service station or public garage shall be such that no direct glare from the lights used shall fall upon adjacent property.
G.
For all existing service stations and in all zones where service stations are permitted, a service station may have at the same location a fast-food convenience store as duel use. Service Stations operated with a fast-food convenience store as a dual use shall be subject to the following supplemental conditions that must be satisfied in order for a conditional use permit to be issued:
1.
The minimum lot area for a combined fast-food convenience store/service station shall be 20,000 square feet.
2.
The maximum floor area ratio (FAR) of the dual use convenience store operated in conjunction with a gasoline station shall be 0.12. The floor area ratio (FAR) shall not include any area relating to the canopy for the gasoline dispensing.
18-1009 Club, Lodges or Similar Fraternal Organization.
A.
Minimum lot size - 1 acre.
B.
Minimum lot width - 100 feet.
C.
All structures shall meet all applicable front, side and rear yard setbacks in the zoning district in which it is located.
D.
Maximum building coverage- 35%
F.
Maximum impervious coverage - 70%.
G.
Maximum height of any structure - 35 feet.
18-1010 Townhouses.
A.
In those Zone Districts in which townhouses are a permitted conditional use, townhouse developments shall be subject to the following conditions:
1.
Minimum tract size shall be one-half (0.5) acre in all districts in which townhouses are permitted with the exception of the HD-7 zone in which the minimum tract size shall be one acre.
2.
Tract Boundaries: from a state highway - 100 feet. From all other right-of-way lines - 20 feet. From all other property lines - 20 feet.
3.
Maximum Density — eight townhouses or 16 dwelling units per acre. Notwithstanding the definition of a townhouse in this chapter, a townhouse may consist of a two family building structure, which shall be considered two dwelling units for the purposes of calculating the density of the tract.
4.
Minimum tract width - 125 feet.
5.
Minimum tract depth - 100 feet.
6.
Maximum building coverage for the entire tract - 35%.
B.
In addition to the conditions set forth in § 18-1010A, townhouse developments shall be subject to the following bulk and yard regulations, design standards, and administrative requirements, which shall not be deemed as required conditions for the proposed use.
1.
The overall townhouse tract may be subdivided to provide fee-simple ownership for the individual townhouse units. The following shall apply to the individual townhouse lots:
2.
Minimum distance between buildings - 25 feet.
3.
Maximum units per structure — eight.
4.
Maximum building length - 240 feet.
5.
A structure shall not have more than two connected townhouse units on one facade without providing a variation in setback of at least two feet.
6.
Each unit shall have an area designated for the storage of trash and recycling containers. All trash containers shall be screened from view. Screening should blend with the building exterior. The size of the trash enclosure should be approved by the Department of Public Works.
7.
All residential development shall provide a usable rear yard depth of at least 20 feet, including the rear yard setback. Decks shall be permitted within the usable yard area, but detention/retention facilities, drainage swales, or any easements which would inhibit the use of the rear yard are prohibited. For the purposes of this section a drainage swale with side slopes exceeding 1:10 and a depth exceeding 18 inches shall be established as the limit which inhibits use of this yard and is therefore prohibited.
8.
Architectural drawings of the front, side and rear elevations shall be provided. Architectural drawings should also be provided if the HVAC equipment is to be located on the roof.
9.
All areas put into common ownership for common use by all residents shall be owned by a non-profit homeowners association in accordance with the requirements of the Department of Community Affairs and the following:
a.
Deed restrictions and covenants shall be provided in accordance with the requirements and standards of the Department of Community Affairs.
b.
The homeowners association shall be responsible for the ownership and maintenance of all common space and any streets not accepted by the Township.
c.
This organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to another organization conceived and established to own and maintain the common open space and non-dedicated streets.
d.
The homeowners association shall be established prior to any certificates of occupancy being issued. Membership of the association shall be automatic and mandatory for each owner of a dwelling unit and any succeeding owner thereto, being accomplished by the purchase of a dwelling unit in the development.
e.
The association shall guarantee access to all the common areas to all persons legally residing in the development.
f.
The association shall be responsible for liability insurance, taxes and the maintenance of the common areas and undedicated streets. The certificate of incorporation shall contain provisions so that adequate funds will be available for maintenance.
g.
The documents establishing the association shall provide a plan for the maintenance of all common areas and undedicated streets.
18-1011 Age-Restricted Multi-Family Housing.
[Ord. No. 2005-111 § 1]
A.
Age-Restricted Multi-Family Housing shall be a permitted conditional use in the B-5 Zone district subject to the following conditions:
1.
Multi-family dwellings shall be permitted provided there shall be no more than 12 dwelling units per building.
2.
Occupancy of the housing shall be age-restricted to those 55 and older.
3.
Minimum tract area: 15 acres.
4.
Minimum lot width, depth and frontage: 500 feet.
5.
Maximum residential density: 10 dwelling units/acre.
6.
Minimum perimeter principal building setback contiguous to a residential property line: 100 feet. No building or structure other than roadways or an entrance security station shall be located in the perimeter setback. The perimeter principal building setback area shall be adequately landscaped to buffer the buildings from view from any adjacent public roadways. No access road, driveway, or parking area except for the site entrance/exit locations shall be located closer than 35 feet to any property line.
7.
Minimum distance between buildings: 50 feet.
8.
Maximum building coverage: 25 percent.
9.
Maximum impervious coverage: 30 percent.
10.
Maximum building height: 5 stories/60 feet, provided, however, no building shall have more than four stories utilized for residential purposes.
11.
Maximum principal building length: 150 feet when viewed from any elevation.
12.
Amenities: In order to insure accessibility and convenience for the residents, private elevators shall be provided in all multi-story buildings.
13.
Required Accessory Uses:
a.
On-site parking. The number of on-site parking spaces required by the applicable New Jersey Residential Site Improvement Standards (RSIS).
b.
Clubhouse, community center and/or recreation facilities.
(1)
Such amenities shall be provided for the use of the residents and employees of the facility only and shall not be open to the general public. Sufficient employee and resident/guest parking shall be provided.
(2)
Amenities shall be buffered from the view from adjacent public streets.
(3)
All outdoor storage areas shall be screened from view from any public road by a landscaped buffer.
14.
Prohibited Accessory Uses:
Individual sheds and detached garages shall not be permitted.
18-1012 Wireless Telecommunications Towers and Antennas.
[Ord. No. 2006-3 § 3]
Wireless Telecommunications Towers and Antennas shall be permitted in the M-1 Zone upon meeting the conditions set forth herein:
A.
Purpose. The purpose of these regulations for the siting of wireless telecommunications towers and antennas is to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in appropriate locations; (3) minimize the total number of towers throughout the Township; (4) strongly encourage the joint use of approved tower facilities as a primary option rather than construction of new or additional single-use towers; (5) encourage uses of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through care design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and care siting of tower structures. In furtherance of these goals, Lakewood Township shall give due consideration to the Township master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
B.
Nonapplicability to Amateur Radio Stations and to Receive-Only Antennas. The provisions of this section shall not govern any antenna that is owned and operated by a federally-licensed amateur radio station operator or is used exclusively as a receive-only antenna in accordance with Federal Communications Commission regulations.
C.
Antennas and Towers Permitted on Township Property. Wireless communications towers and antennas which are located on property owned, leased, or otherwise controlled by the Township of Lakewood and which are approved by the Township Committee shall be deemed to be permitted as a municipal facility in any zone district.
D.
Antennas and Towers Which are Not Municipal Facilities. Wireless telecommunications towers and antennas may be permitted on non-municipal property in only the M-1 Zone, upon submission and approval of a site plan and conditional use permit in accordance with the regulations set forth below:
1.
General Requirements.
a.
Principal or Accessory Use. Wireless telecommunications towers and antennas may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
b.
Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
c.
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Township as part of the application and inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Lakewood Township or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Township may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas with the jurisdiction of Lakewood Township, provided, however, that the Township is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
d.
Aesthetics. Towers and antennas shall meet the following requirements.
(1)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(3)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
e.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
f.
State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government with the authority to regulate towers and antennas.
g.
Uniform Construction Code: Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State and municipal codes including the New Jersey Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
h.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in Lakewood Township irrespective of municipal and County jurisdictional boundaries.
i.
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in Lakewood Township have been obtained and shall file a copy of all required franchises with the Township.
j.
Public Notice. For purposes of this section any variance request or request for site plan approval shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 1012D1s in addition to any notice otherwise required by this chapter.
k.
Signs. No advertising signs shall be allowed on an antenna or tower.
l.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 1012D2.
m.
Multiple Antenna/Tower Plan. Lakewood Township encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
n.
Maximum Height. The tower shall meet the following maximum height and usage criteria:
(1)
For a single user, up to 90 feet in height;
(2)
For two users, up to 120 feet in height; and
(3)
For three or more users, up to 150 feet in height.
A licensed New Jersey Professional Engineer must certify that the tower can structurally accommodate the number of shared users proposed by the applicant. |
o.
Information Required. In addition to any information required for applications for site plan review pursuant to this chapter, applicants for approval for a tower shall submit the following information:
(1)
A location plan drawn to scale and clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in § 1012D1s, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.
(2)
Legal description of the parent tract and leased parcel (if applicable).
(3)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(4)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 1012D1s shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(5)
A landscape plan showing specific landscape materials.
(6)
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(7)
A description of compliance with D1c, d, e, f, g, and all applicable Federal, State or local laws.
(8)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(9)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(10)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.
(11)
A description of the feasible location(s) of future towers or antennas within the Township based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
p.
Factors Considered in Granting Approval for Towers. In addition to any standards for consideration of site plans pursuant to this chapter, the municipal agency shall consider at least the following factors in determining whether to issue an approval:
(1)
Height of the proposed tower;
(2)
Proximity of the tower to residential structures and residential district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(7)
Proposed ingress and egress; and
(8)
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in § 1012D1q of this chapter.
q.
Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the municipal agency that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the municipal agency related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(1)
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(4)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(5)
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(7)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
r.
Minimum Required Setback. The following setback requirements shall apply to all towers for which site plan approval is required.
(1)
Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line, but in no event shall the tower be located in the minimum required yard area or buffer area of the zone district.
(2)
Guys and accessory buildings must satisfy the minimum zoning district setback and buffer requirements.
s.
Minimum Separation Requirement Between Uses. The following separation requirements shall apply to all towers and antennas for which site plan approval is required:
(1)
Separation from off-site uses/designated areas.
(a)
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in (b), below, except as otherwise provided.
(b)
Towers shall maintain a minimum radial separation distance of 1,500 feet from residential dwelling units or lands zoned for residential use.
(2)
Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers or other proposed towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown below in the table of required separation distances between towers.
Schedule 1: Required Separation Distances Between Wireless Communications Towers | ||||
|---|---|---|---|---|
Tower Type | Lattice | Guyed | Monopole 75 Feet in Height or Greater | Monopole Less than 75 Feet in Height |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Monopole 75 Feet in Height or Greater | 1,500 | 1,500 | 1,500 | 750 |
Monopole Less than 75 Feet in Height | 750 | 750 | 750 | 750 |
t.
Security Fencing. Towers shall be enclosed by security fencing no less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the municipal agency may waive such requirements, as it deems appropriate.
u.
Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required; provided, however, that the municipal agency may waive such requirements if the goals of this section would be better served thereby.
(1)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.
(2)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(3)
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
v.
In approving the tower, the municipal agency may impose conditions, including the use of an alternative tower structure, to the extent the municipal agency concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
2.
Buildings or Other Equipment Storage.
a.
Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(1)
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 200 square feet of gross floor area or 10 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(2)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structure shall not occupy more than 10% of the roof area.
(3)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
b.
Antennas Located on Towers, Utility Poles, or Light Poles. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard and buffer requirements of the zoning district in which located and shall be screened from view of all residential properties.
3.
Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of Lakewood notifying the owner of such abandonment. Failure to remove any abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
4.
Pre-existing Towers. Pre-existing towers which are operating at the time of the adoption of this section shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this section. If the use of a tower has terminated and the use is determined to be abandoned, the requirements for removal in Subsection 3 above shall apply.[1]
[1]
Editor's Note: Ordinance No. 2006-3, codified herein, was adopted February 9, 2006.
18-1013 Mixed Use Mid-Rise Development.
[Ord. No. 2008-12 § 3]
A.
Mixed Use Mid-Rise Developments shall be subject to the following conditions:
1.
Minimum tract size — 60 acres.
2.
Maximum gross residential density — 18 dwelling units per acre.
3.
Maximum building coverage for the entire tract — 25%
4.
Maximum building height — 65 feet.
5.
The tract must have at least 1,000 feet of frontage on a State highway.
B.
Once applicable provisions of Subsection A are met, any subdivision to show ownership, responsibility, deed restrictions, or covenants shall only be subject to lot provisions set forth herewith: minimum lot size within the Mixed-Use Mid-Rise Development shall be two acres, and the placement of any building on such lot shall be at the discretion of the developer of the Mixed Use Mid-Rise Development. If the developer proposes to construct the development in phases, the undeveloped lands shall be subject to public ownership requirements until such lands are integrated within the initially approved overall development plan, subject to deed restrictions and covenant requirements established by the homeowner's association.
C.
D.
In addition to the conditions set forth in § 18-1012A, Mixed Use Mid-Rise Developments shall be subject to the following bulk and yard regulations, design standards, and administrative requirements, which shall not be deemed as required conditions for the proposed use:
1.
Residential Dwelling Unit Types. Multi-Family — A multi-story building containing multiple dwelling units, other than a townhouse, that are attached both vertically and horizontally, with each unit having either a separate exterior entrance or access from a common hallway.
2.
Minimum Tract Size. A Mixed Use Mid-Rise Development may only be developed on a single site of one or more contiguous parcels of land having a minimum gross acreage of 60 acres.
3.
Bulk Requirements. The following bulk requirements shall apply to the permitted dwelling unit types in a Mixed Use Mid-Rise Development:
a.
Multi-Family Structures on Common Property.
(1)
Clusters of multi-family dwellings may be arranged on a tract subject to the applicable design standards contained in this chapter.
(2)
Minimum average floor area for a dwelling unit shall be 1,000 square feet.
(3)
Each unit above the ground floor may have a balcony or terrace, which if provided shall be at least 24 square feet in area.
(4)
Maximum building height is 65 feet.
4.
Design Requirements.
a.
Minimum distance between buildings that are designed on common property — 40 feet.
b.
Multi-family structures shall provide for variety in roof height and avoid the appearance of one continuous multi-story building through the introduction of offsets or other architectural features.
c.
Off-street parking requirements as outlined in the Residential Site Improvement Standards (RSIS) for residential land uses shall apply to the permitted dwelling units.
d.
Facilities to serve the recreational needs of the residents of the Mixed Use Mid-Rise Development shall be appropriately sized to the scale and type of the development. A minimum recreational open space area equal to 5% of the tract area of a Mixed Use Mid-Rise Development shall be provided, which may include passive and active recreation. Common open space area shall conform to the requirements for such open space.
e.
Construction, design, light, screening and landscaping of parking areas and streets shall conform to the applicable provisions of this chapter. To the extent that the Township's standards for the construction and design of parking facilities, including the size and number of parking spaces as well as the design of internal streets and circulation driveways, is inconsistent with the Residential Site Improvement Standards (RSIS), then the RSIS code standards shall govern the parking area and street design.
18-1014 Duplexes.
[Ord. No. 2010-61; Ord. No. 2014-8]
A.
In those zone districts in which duplexes are a permitted conditional use including the HD-7 Zone, duplexes shall be subject to the following conditions:
1.
Minimum lot size for existing lots shall be 10,000 square feet, except for zone districts in which townhouses are a permitted conditional use, in which case the minimum lot size shall be 8,500 square feet. The tract density, including roadways and common areas, shall not exceed eight duplex dwelling units per acre.
2.
Minimum lot size for newly created lots shall be 10,000 square feet, except for zoning districts in which townhouses are also a permitted conditional use in which case the minimum lot size shall be 8,500 square feet, and all shall have a minimum lot width of 60 feet. The tract density, including roadways and common areas, shall not exceed eight duplex dwelling units per acre.
3.
Front Yard Setback — 25 feet, except any development along a State Highway shall provide a minimum front yard setback of 75 feet.
4.
Rear Yard Setback — 15 feet.
5.
Side Yard Setback — 7 feet with an aggregate of 15 feet.
6.
Maximum building coverage — 30% except for zoning districts in which townhouses are also a permitted conditional use in which case the maximum building coverage shall be 40%.
7.
Maximum Building Height — 35 feet.
18-1015 Mixed Use Townhouse Development.
[Ord. No. 2011-17 § 3]
A.
Mixed Use Townhouse Developments shall be subject to the following conditions:
1.
Minimum tract size - 20 contiguous acres, excluding freshwater wetlands, associated NJDEP wetlands buffers, Riparian buffers and flood hazard areas.
2.
Maximum gross residential density - seven dwelling units per acre.
3.
Maximum building coverage for the entire tract - 30%.
4.
Maximum building height - 35 feet.
5.
The tract must have at least 1,000 feet of frontage on a State highway.
6.
The tract must have a minimum lot depth of 500 feet.
8.
A minimum of 15% of the tract shall be utilized for non-residential uses, including nonresidential buildings, parking, infrastructure and open space.
B.
Once applicable provisions of Subsection A are met, any subdivision to show ownership, responsibility, deed restrictions, or covenants shall only be subject to lot provisions set forth herewith; and the placement of any building on such lot shall be at the discretion of the developer of the Mixed Use Townhouse Development. If the developer proposes to construct the development in phases, the undeveloped lands shall be subject to public ownership requirements until such lands are integrated within the initially approved overall development plan, subject to deed restrictions and covenants requirements established by the homeowner's association.
C.
If the tract meets the conditions as specified in 18-1014 above, the following uses shall be permitted in addition to the uses permitted in the Highway Development (B-5) zone.
1.
Principal Uses.
a.
Multi-Family Townhouse Residential.
b.
Community facilities related to the cultural, social and recreational need of the residents of the development, including public or private parks, religious, ceremonial and ritual facilities, churches and other places of worship.
c.
Retail and commercial businesses, hotels, financial institutions and personal service establishments as specified herein.
D.
In addition to the conditions set forth in § 18-1014, Mixed Use Townhouse Development shall be subject to the following bulk and yard regulations, design standards, and administrative requirements which shall not be deemed as required conditions for the proposed use:
1.
Residential Dwelling Unit Types. Townhomes.
2.
Minimum Tract Size. A Mixed Use Townhouse Development may only be developed on a single site of one or more contiguous parcels of land having a minimum gross acreage of 20 contiguous acres, exclusive of wetlands, buffers, flood hazard or riparian buffer areas, or environmentally constrained lands as referenced herein.
3.
Bulk Requirements. The following bulk requirements shall apply to the townhouse dwelling unit types in a Mixed Use Townhouse Development.
a.
Townhouse structures on common property:
(1)
Clusters of townhouse dwellings may be arranged on a tract subject to the applicable design standards contained in this chapter.
(2)
Maximum building length - 160 feet.
(3)
A structure shall not have more than two connected townhouse units on one facade without providing a variation in setback of at least two feet.
(4)
Maximum units per structure - six.
(5)
Minimum distance between buildings - 12 feet.
(6)
Minimum front yard setback - 25 feet from internal streets.
(7)
Minimum side yard setback (for end units) - six feet.
(8)
Minimum rear yard setback - 20 feet.
(9)
Minimum usable rear yard depth - 20 feet, 10 feet for rear yards adjacent to perimeter buffers. Decks shall be permitted within the usable yard area, but detention/retention facilities, drainage swales, or any easements which would inhibit the use of the rear yard are prohibited. For purposes of this section a drainage swale with side slopes exceeding 1:10 and a depth exceeding 18 inches shall be established as the limit which inhibits use of this yard and is therefore prohibited.
(10)
Maximum building height is 35 feet or 2.5 stories, whichever is less.
4.
Design Requirements.
a.
Off-street parking requirements as outlined in the Residential Site Improvement Standards (RSIS) for residential land uses shall apply to townhouse units. Including parking spaces available within nonresidential portions of a Mixed-Use Townhouse Development, a minimum of four parking spaces shall be provided per townhouse unit.
b.
Facilities to serve the recreational needs of the residents of the Mixed-Use Townhouse Development shall be appropriately sized to the scale and type of the development. A minimum recreational open space area equal to 5% of the tract area of a Mixed-Use Townhouse Development shall be provided, which may include passive and active recreation, or combination thereof.
c.
Construction, design, light, screening and landscaping of parking areas and streets shall conform to the applicable provisions of this chapter. To the extent that the Township's standards for the construction and design of parking facilities, including the size and number of parking spaces as well as the design of internal streets and circulation driveways, is inconsistent with the Residential Site Improvements Standards (RSIS), then the RSIS code standards shall govern the parking area and street design.
18-1016 Automobile Repairs and Service.
[Ord. No. 2012-4 § 3]
A.
Where permitted, any application for an automobile repair and service facility shall include a site plan that identifies the number or capacity of automobiles that may be garaged within the principal building and onsite.
B.
Any fuel tanks shall be installed underground.
C.
Driveways shall cross the sidewalk at right angles and shall not be more than 16 feet wide at any point thereof. Driveways must be at least 10 feet from any side lot line or from the intersection of street lines. There shall be no more than one driveway on any one street frontage unless the street frontage is in excess of 99 feet, in which case, there may be a maximum of two driveways on the street frontage provided the driveways are 10 feet apart.
D.
The entire area of the facility traversed by motor vehicles shall be hard surfaced.
E.
Illumination of the automobile repair facility and any parking areas shall be such that no direct glare from the lights used shall fall upon adjacent property.
F.
All automobile repairs and services shall be conducted indoors within the automobile repair facility.
18-1017 Mixed-Use Multifamily Development.
[Ord. No. 2012-52 § 3]
A.
Mixed-Use Multifamily Development shall be subject to the following conditions:
1.
Minimum Tract Size — 20 contiguous acres, excluding freshwater wetlands, associated NJDEP wetlands buffers, riparian buffers and flood hazard areas.
2.
Maximum Gross Residential Density — 18 units per acre.
3.
Maximum Building Coverage for the Entire Tract — 30%.
4.
Maximum Building Height — 55 feet.
5.
The tract shall have at least 500 feet of frontage on a State highway.
6.
The tract shall have a lot depth of 500 feet.
8.
A minimum of 15% of the tract shall be utilized for nonresidential uses, including nonresidential buildings, parking, infrastructure and open space.
C.
Permitted Accessory Uses.
D.
Bulk Requirements. The following bulk requirements shall apply to the permitted uses in a Mixed-Use Multifamily Development:
E.
Design Requirements.
1.
A mixed-use multifamily development shall be designed and planned as a single entity according to an overall site development plan. The entire development shall be constructed with a common architectural theme which shall be subject to the review of the board of proper jurisdiction. The architectural theme shall include all residential and nonresidential buildings, common elements, signage, fencing, lighting and other similar physical features.
2.
Off-Street Parking Requirements.
a.
Residential land uses shall comply with the off-street parking requirements as outlined in the New Jersey Residential Site Improvements Standards.
b.
The total off-street parking provided on the site for the residential and the nonresidential portions of the development may be reduced based on a shared parking analysis at the discretion of the Board. The determination shall be based on a shared parking analysis submitted by the applicant and prepared in accordance with Institute of Traffic Engineers' (ITE) standard methodology and subject to Board review.
c.
Separate off-street parking for the clubhouse/community center shall not be required.
3.
Recreation. Each Mixed-Use Multifamily Development shall contain active recreational facilities such as a tot lot, playground, sports court or play field and passive recreation such as sitting areas. The land area of the recreational facility shall be equal to 100 square feet for each proposed dwelling unit.
4.
Buffers. The Mixed-Use Multifamily Development shall provide a buffer to any adjoining lot which is zoned for single-family residences or currently developed as a single-family residence neighborhood. The buffer shall provide a vegetative screen between the two uses of at least two staggered rows of evergreen plantings. The minimum width of vegetation shall be 25 feet.
18-1018 Mixed Use Development.
[Ord. No. 2013-31 § 3]
A.
Mixed Use Developments shall be subject to the following conditions:
1.
Minimum Tract Size — 15 contiguous acres, excluding freshwater wetlands associated NJDEP wetlands buffers, riparian buffers and flood hazard areas.
2.
Maximum Gross Residential Density — 15 dwelling units per acre for multifamily dwellings, and seven dwelling units per acre for townhomes, where the maximum total combined gross density for the tract including townhomes and multifamily dwellings shall be 15 dwelling units per acre.
3.
Maximum Building Coverage for the Entire Tract — Maximum allowable under NJDEP/CAFRA regulations.
4.
Maximum Building Height — 35 feet for townhomes and 55 feet for commercial, multifamily and mixed-use buildings.
5.
The tract must have at least 400 feet of frontage on a State highway.
6.
The tract must have a minimum lot depth of 500 feet.
7.
Minimum Tract Setbacks:
a.
Building setbacks from State highway: 75 feet for residential buildings, 50 feet for mixed-use buildings, and 25 feet for nonresidential buildings.
b.
From tract boundary other than State highway: 35 feet for residential buildings and 50 feet for nonresidential and mixed-use buildings.
c.
Interior roadway/circulation driveway: 15 feet.
d.
Interior parking lot paved surface to building: 15 feet.
8.
A minimum of fifteen (15%) of the tract shall be utilized for nonresidential uses, including nonresidential buildings, parking, infrastructure and open space.
B.
Once applicable provisions of § 18-1018A are met, any subdivision to show ownership, responsibility, deed restrictions, or covenants shall only be subject to lot provisions set forth herewith; and the placement of any building on such lot shall be at the discretion of the developer of the Mixed Use Development. Restrictions and covenant requirements shall be established by the homeowners' association.
C.
If the tract meets the conditions as specified in Subsection 18-1018A above, the following uses shall be permitted in addition to the uses permitted in the Highway Development (B-5) Zone as part of a Mixed-Use Development as defined in this chapter.
1.
Principal Uses:
a.
Multifamily dwellings located in mixed-use or stand-alone buildings.
b.
Townhouse dwellings.
c.
Community facilities related to the cultural, social and recreational need of the residents of the development, including public or private parks, religious, ceremonial and ritual facilities, churches and other places of worship.
d.
Retail and commercial businesses, hotels, financial institutions and personal service establishments as specified herein.
D.
In addition to the conditions set forth in Subsection 18-1018A, Mixed Use Development shall be subject to the following bulk and yard regulations, design standards, and administrative requirements which shall not be deemed as required conditions for the proposed use:
1.
Bulk Requirements. The following bulk requirements shall apply to the residential dwelling unit types in a Mixed Use Development.
a.
Townhouse structures on common property:
(1)
Clusters of townhouse dwellings may be arranged on a tract subject to the applicable design standards contained in this chapter.
(2)
Maximum building length — 250 feet.
(3)
Minimum distance between buildings — 12 feet, unless part of a mixed-use commercial/residential building.
(4)
Minimum front yard setback— 25 feet from internal streets.
(5)
Minimum side yard setback (for end units) — 12 feet.
(6)
Minimum rear yard setback — 20 feet.
(7)
Minimum usable rear yard depth — 15 feet, 10 feet for rear yards adjacent to perimeter buffers. Decks shall be permitted within the usable yard area, but detention/retention facilities, drainage swales, or any easements which would inhibit the use of the rear yard are prohibited. For purposes of this section a drainage swale with side slopes exceeding 1:10 and a depth exceeding 18 inches shall be established as the limit which inhibits use of this yard and is therefore prohibited.
(8)
Maximum building height is 35 feet.
2.
Design Requirements.
a.
Off-street parking requirements as outlined in the Residential Site Improvement Standards (RSIS) for residential land uses shall apply to all residential units.
b.
Facilities to serve the recreational needs of the residents of the Mixed Use Townhouse Development shall be appropriately sized to the scale and type of the development. A minimum recreational open space area equal to 5% of the tract area of a Mixed Use Townhouse Development shall be provided, which may include passive and active recreation, or a combination thereof.
c.
Construction, design, lighting, screening and landscaping of parking areas and streets shall conform to the applicable provisions of this chapter. To the extent that the Township's standards for the construction and design of parking facilities, including the size and number of parking spaces as well as the design of internal streets and circulation driveways, is inconsistent with the Residential Site Improvements Standards (RSIS), then the RSIS code standards shall govern the parking area and street design.
18-1019 Digital Billboards.
[Ord. No. 2013-51 § 9; Ord. No. 2014-31; Ord. No. 2016-11 § 10]
Digital Billboards shall be permitted as conditional uses in the B-1, B-3, B-4, HD-6, HD-7 and M-1 zones subject to the following conditions:
A.
Up to five digital billboards shall be permitted to be constructed within the Township. All digital billboards must be in full compliance with all Federal, State and local regulations. This includes but is not limited to all building, zoning and land use permits.
B.
Each billboard is subject to a permitting process as established by this chapter. Each application for a billboard permit must be accompanied by $200 to be deposited with the Township Clerk. Permits may be issued by the Township Clerk after a public bidding process has been completed. Each billboard permit application shall require a separate public bid to be advertised in the Township's designated newspaper and website no less than 30 days before the scheduled opening of the bid.
C.
The successful bidder must pay an annual fee of $500 for each billboard and must comply with all of the terms and conditions of this chapter. No billboard may be constructed without the application for the billboard or permit without having first obtained a building permit from the construction official of the Township.
D.
Each operator or owner of a digital billboard shall provide the Township of Lakewood access up to a maximum of 10% of the static display panels in addition to an 18 inch high LED message board for public messages and public service announcements. This will include a minimum of two hours of total Township access time between the hours of 8:00 a.m. and 6:00 p.m. This time may be expanded during Federal or State declared emergencies in the interest of public safety.
F.
A digital billboard may only be located at least 3,000 feet from any other digital billboard located on the same roadway or highway and in the same direction of travel as measured from any part of the sign to any other digital billboard within the Township.
G.
Digital billboards must be located at least 500 feet from any residential property.
H.
Each face of each digital billboard shall not exceed a height of 14 feet, a length of 48 feet, and an area of 672 square feet along with the 18 inch LED message area along the bottom. The height shall not exceed 40 feet, and the display face shall be located not less than 15 feet above the adjacent street grade.
I.
Digital billboards shall have a frame hold time of visibility of no less than eight seconds. The use of streaming video, full motion video, animation or frame effects is prohibited.
J.
No digital billboard shall be permitted to operate unless it is equipped with the following:
K.
No billboard may be located on top of, cantilevered over or otherwise suspended above any building or structure.
L.
Digital display brightness shall be as follows:
1.
No digital billboard shall be permitted if its brightness is such that it interferes with the effectiveness of a traffic control device.
2.
Maximum brightness levels for each digital billboard shall not exceed 0.2 foot-candles over ambient light levels measured within 150 feet of the sign. Each billboard must guarantee that the sign has been preset to automatically adjust the brightness to these levels or lower. A certification of same shall be presented to the appropriate Township board for which the billboard is subject to approval. The Township shall have the right at any reasonable time to ensure that the specified brightness levels are maintained at all times.
3.
Brightness of the digital billboard must be measured as follows:
a.
At least 30 minutes following sunset, a foot candle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or dark. The reading shall be made with the meter aimed directly at the sign area at the pre-set location.
b.
The sign shall then be turned on to take another reading with the meter in the same location.
c.
If the difference between the two readings is 0.2 foot-candles or less, the brightness is properly adjusted.
18-1020 (Reserved) [1]
[1]
Editor's Note: Ordinance No. 2013-79 was repealed by Court Order on June 2, 2017 deleting commercial uses on properties with frontage County Route No. 526.
18-1021 Planned Unit Development.
[Ord. No. 2017-51 § 30; amended 9-2-2021 by Ord. No. 2021-50]
It having been determined that there is a need for housing in the Township of Lakewood that is comprehensively designed to meet the needs of Lakewood's residents, planned unit developments are hereby authorized to be developed as a conditional use in the R-40 (Residential) zone districts, upon compliance with the design criteria set forth in this section and approval of the general development plan, preliminary and final subdivision/site plan approvals from the planning board of the Township of Lakewood as hereinafter described:
A.
Planned unit development without any age-restriction requirements are permitted conditionally in the R-40 (Residential) zone district.
B.
Minimum Tract Size. A planned unit development may only be developed on one or more contiguous parcels of land having a total gross area of not less than 100 acres within the R-40 (Residential) zone district.
C.
Permitted Principal Uses. The principal uses of buildings in a planned unit development shall be limited to the following:
1.
Residential units of all types provided that they comply with the area and bulk zoning requirements of this subsection.
2.
Recreation facilities.
3.
Sales and administrative offices required for the construction, sale, resale and management of the planned community.
4.
Maintenance buildings.
5.
The commercial uses permitted under this subsection.
6.
Community centers and recreation buildings, which may include buildings for religious worship and related activities.
D.
Permitted Accessory Uses. The accessory uses of buildings and structures in a planned unit development shall be limited to the following:
1.
Master television antenna system and/or cable television antenna/reception facilities.
2.
Common parking areas for guest parking or dedicated for specific parking purposes such as a recreational vehicle and trailer parking.
3.
Buildings for storage of vehicles, equipment and supplies.
4.
Outbuildings and structures as part of recreation facilities.
E.
Area Requirements. The following area requirements shall apply to any planned unit development:
1.
Maximum building coverage: 25 percent of gross area of planned unit development tract.
2.
Maximum building density: 3.6 units per gross acre of planned unit development tract.
3.
Minimum open space: 50 percent of gross area of planned unit development tract. For purposes of this requirement "open space" shall mean those portions of the planned unit development tract not covered by buildings structures of any kind, streets or other surfaces paved with impervious materials.
F.
Bulk Requirements. The following bulk requirements shall apply to the applicable unit types in a planned unit development.
1.
For detached units on individual lots: All detached units to be constructed on individual lots in a planned unit development shall comply with and conform to the following requirements:
3.
For attached units on common property:
a.
Minimum setback from interior roadway or circulation driveway: 20 feet
5.
Minimum distance between multi-unit buildings:
a.
For multi-unit buildings oriented at 90 degrees to each other the minimum distance between same shall be equal to the building height.
b.
For multi-unit buildings oriented end-to-end to each other, the minimum distance between same shall be equal to one-half (0.5) the building height.
c.
For multi-unit buildings oriented with parallel axis facing each other, the minimum distance between same shall be one and one-half (1.5) times the building height.
6.
(Reserved)
7.
Maximum units per multi-unit building: 8 units
8.
Minimum parking requirements shall comply with § 18-807 and the following:
a.
Construction, design, lighting, screening and landscaping of parking areas and streets shall conform to the applicable provision of this chapter. To the extent that the Township's standards for the construction and design of parking facilities including the size and number of parking spaces as well as the design of internal streets and circulation driveways is inconsistent with the Residential Site Improvement Standards (RSIS), then the RSIS code standards shall govern the parking area and street design.
9.
Maximum building height: 35 feet or two and one-half (2.5) stories except as provided in Subsection L below.
G.
Utilities. A planned unit development must be fully serviced by central water transmission and sanitary sewerage facilities owned and operated by the Lakewood Township Municipal Utilities Authority or duly franchised public utility companies.
H.
Recreation Facilities. Any planned unit development shall contain and provide for the benefit, use and enjoyment of its residents, the following recreation facilities:
1.
Any planned unit development shall contain a recreation area which shall contain a recreation building comprised of at least 15 square feet of floor area (inclusive of basement area) for each unit intended to be developed in the planned community. If the developer proposes to develop the planned community in phases or sections with separate recreation facilities for each phase or section each building shall contain 15 square feet of floor area (inclusive of basement area) for each unit intended to be developed in the phase or section to be served by that recreation building.
2.
Active and passive recreation in compliance with the minimum open space requirement of § 18-1021E3.
3.
Parking facilities serving the recreation area with a minimum number of parking spaces equal to one space for each 50 square feet of area comprising the recreation building.
I.
Optional Recreation Facilities. A planned unit development may provide, in addition to the recreation facilities prescribed in Subsection H above any one or more of the following facilities for the use of the residents of the planned unit development and their guests:
1.
Golf course.
2.
Picnic-barbeque areas.
3.
Tennis courts.
4.
Jogging trail.
5.
Fitness-exercise courses.
6.
Gardening areas (including greenhouses).
7.
Playgrounds.
8.
Tot lots.
9.
Basketball courts.
10.
Shuffleboard courts.
11.
Bocce courts.
12.
Such other activities which the Planning Board shall find to be consistent with the lifestyle of residents of a planned unit development and which are subordinate to the residential character of a planned community.
J.
Ownership of Recreation Facilities. Except for a planned community golf course, recreation facilities shall be owned by the homeowners' association (defined below). Provided, however, that in the event that a planned community golf course is intended to be owned by other than the homeowners' association ("private ownership") the planned community golf course must be so identified in the application for preliminary subdivision or site plan approval and must satisfy the following criteria:
1.
The developer-applicant shall provide adequate assurances (through recorded deed restrictions or agreements) that the planned community golf course shall be available for use and enjoyment by all residents of the planned community upon terms and conditions no less favorable than offered to any person not a resident of the planned community and at a cost to the homeowners' association not greater than the homeowners' association would incur for its operation, upkeep, repair and maintenance if owned by the homeowners' association.
K.
Setback and Distance Measurements. Building setbacks and minimum distances between all buildings shall be measured to building foundation lines, excluding foundations for fireplaces, porches and other exterior protrusions of a building which do not protrude beyond six feet from the building foundation line.
L.
Perimeter Boundary Setbacks. No buildings or structures, other than entrance gate-houses, walls or fences, shall be located within 25 feet of any exterior boundary line of the planned community tract. The building height of any residential building adjacent to any perimeter boundary setback abutting an R-20 Residential zone shall not exceed 25 feet.
[Amended 9-2-2021 by Ord. No. 2021-50]
M.
Homeowners' Association; Recorded Covenants. Any planned unit development shall be governed and regulated by one or more recorded declaration of covenants and restrictions ("C&Rs") which shall provide for and create one or more incorporated membership organizations under Title 15 of the New Jersey Statutes in which all unit owners in the planned unit development shall be required to be members (the "homeowners' association"). The C&Rs shall provide for (i) the ownership, maintenance, operation and upkeep of all recreation facilities, open space, streets and other common areas within the planned community by the homeowners' association, (ii) the restrictions on unit occupancy set forth in Subsection A above, (iii) the procedure for creating, imposing and collecting assessments from each unit owner to finance the foregoing, and (iv) the organization, operation and management of the homeowners' association. A complete copy of the proposed C&Rs and all documents creating and organizing the homeowners' association shall be submitted to the Planning Board for review and approval with the first application for final subdivision and/or site plan approval submitted for the planned unit development or the first section thereof.
N.
Streets and Roads. All streets and roads in a planned unit development shall conform to the provisions of this chapter and the requirements of the Residential Site Improvement Standards except as hereinafter specifically provided.
1.
Provided that the developer-applicant of a planned unit development shall expressly condition the preliminary subdivision and/or site plan approval of the planned unit development upon all streets and roads within the planned community being privately owned and maintained by the homeowners' association in perpetuity, such streets and roads shall be constructed in accordance with this chapter, except as follows: (i) minor streets (i.e. streets of not more than 1,200 feet in length which shall be through streets or terminate in a cul-de-sac) shall have an overall paved roadway width of 22 feet; (ii) minor collector streets shall have a paved roadway width of 30 feet and (iii) major collector streets shall have a paved roadway of 40 feet. All planned community streets shall be constructed with a six inch road gravel base conforming to the New Jersey Highway Specifications Grade A or B, with a CABC-1 of one and one-half (1.5) inch thickness of bituminous concrete binder course and a one inch bituminous concrete surface course. If roll curbing is utilized, the measurement of the parcel roadway width shall include roll curb. Curbs shall be constructed in accordance with this chapter except as follows: (i) minor streets shall have a curb radius of 15 feet and minor collector and major collector streets shall have a curb radius of 20 feet; (ii) cul-de-sac of minor streets and minor collector shall have a minimum curb radius of 40 feet and no parking shall be allowed in the cul-de-sac. Sidewalks where proposed shall have a minimum width of four feet. Additional sidewalks may be required by the Planning Board.
2.
In the event a developer-applicant of a planned unit development intends to seek, or reserve unto the homeowners' association the option to seek, to have the Township accept for maintenance some or all of the streets and roads within the planned unit development at some future time, then all streets, roads, curbs and sidewalks shall strictly conform to the applicable design requirements of this chapter. Provided, however, that the Township shall be under no obligation to accept said streets and roads.
O.
Drainage. All on-site drainage shall be provided for in accordance with Lakewood Township storm drainage requirements and applicable Township ordinances pertaining to subdivision and development of lands.
P.
Driveways, Walks and Parking Areas. There shall be provided a safe and convenient system of driveways, walks and parking areas. Due consideration shall be given in planning walks, ramps and driveways to prevent slipping or stumbling. Gradients of walks shall not exceed 7% except where required to meet handicapped access requirements.
Q.
Commercial Uses. As part of a planned unit development, a developer-applicant may designate one or more parcels of the planned community tract for development of those commercial uses hereinafter designated as permitted commercial uses in a planned unit development, subject to the following requirements:
1.
The aggregate amount of land in the planned unit development tract designated for all commercial uses shall not exceed the lesser of 10 acres or 5% of the total area of the planned unit development tract.
2.
The aggregate finished floor area of all commercial uses in a planned unit development shall not exceed 20% of the aggregate land area of the planned unit development designated for commercial use.
3.
No commercial building shall exceed 30 feet in height. Provided, however, that any building originally constructed within a planned unit development for residential use and subsequently converted to commercial use shall not exceed 35 feet in height.
4.
Parking areas shall be provided to serve all commercial uses with per § 18-807. Provided, however, that the Planning Board may approve parking areas designed to serve both commercial uses and recreation facilities in the planned unit development upon finding that the proposed parking areas are adequate to serve both uses.
5.
No commercial use shall be located closer than (i) 35 feet from the curb line of any major or minor collector street, or (ii) 15 feet from the curb line of any minor street.
6.
No commercial use shall be located closer than 100 feet from any residential building and all commercial uses shall be screened from adjoining residential uses by landscaped buffer areas.
7.
Permitted business/commercial uses in a planned unit development shall be the same as those permitted in the B-1 zone, except for bus passenger stations, terminals, railroad stations, taxi stands, car/van rental agencies and combined business-residential uses.
18-1022 Mixed-Use Development-Cross Street Core.
[Ord. No. 2017-51 § 31]
A.
Mixed Use Developments shall be subject to the following conditions:
1.
Minimum Tract Size — three contiguous acres, excluding freshwater wetlands associated NJDEP wetlands buffers, riparian buffers and flood hazard areas.
2.
Maximum Gross Residential Density: 3.6 dwelling units per gross acre for all dwelling types.
3.
Maximum Building Coverage for the Entire Tract — Maximum allowable under NJDEP/CAFRA regulations.
4.
Maximum Building Height — 35 feet for townhomes and 55 feet for commercial, multi-family and mixed-use buildings.
5.
The property, parcel or tract is located wholly within the M-1 Industrial or R-M Multi-Family zone districts with the Cross and Prospect Street Core (CPSC) overlay zone as delineated.
6.
All ingress and egress to the proposed development will be on Prospect Street.
7.
Minimum Tract Setbacks:
a.
Building setbacks: 50 feet for residential buildings, 50 feet for mixed-use buildings, and 25 feet for nonresidential buildings.
b.
From tract boundary other than State highway: 35 feet for residential buildings and 50 feet for nonresidential and mixed-use buildings.
c.
Interior roadway/circulation driveway 15 feet.
d.
Interior parking lot paved surface to building: 15 feet.
8.
A minimum of 25% of the tract shall be utilized for nonresidential uses, including nonresidential buildings, parking, infrastructure and open space.
B.
Once applicable provisions of § 18-1022A (above) are met, any subdivision to show ownership, responsibility, deed restrictions, or covenants shall only be subject to lot provisions set forth herewith; and the placement of any building on such lot shall be at the discretion of the developer of the Mixed-Use Development. Restrictions and covenant requirements shall be established by the homeowners' association.
C.
If the tract meets the conditions as specified in § 18-1022A (above), the following uses shall be permitted:
1.
Principal Uses:
a.
Multifamily dwellings located in mixed-use or stand-alone buildings.
b.
Townhouse dwellings.
c.
Community facilities related to the cultural, social and recreational need of the residents of the development, including public or private parks, religious, ceremonial and ritual facilities, churches and other places of worship.
d.
Neighborhood-level retail and commercial sales and service businesses, financial institutions and office spaces with a maximum floor area of 5,000 square feet on the ground level.
D.
In addition to the conditions set forth in § 18-1022A (above), Mixed Use Development shall be subject to the following bulk and yard regulations, design standards, and administrative requirements which shall not be deemed as bulk standards and therefore subject to "c" variance relief:
1.
Bulk Requirements. The following bulk requirements shall apply to the residential dwelling unit types in a Mixed-Use Development.
a.
Townhouse structures on common property:
(1)
Clusters of townhouse dwellings may be arranged on a tract subject to the applicable design standards contained in this chapter.
(2)
Maximum building length — 250 feet.
(3)
Minimum distance between buildings — 12 feet, unless part of a mixed-use commercial/residential building.
(4)
Minimum front yard setback— 25 feet from internal streets.
(5)
Minimum side yard setback (for end units) — 12 feet.
(6)
Minimum rear yard setback — 20 feet.
(7)
Minimum usable rear yard depth — 15 feet, 10 feet for rear yards adjacent to perimeter buffers. Decks shall be permitted within the usable yard area, but detention/retention facilities, drainage swales, or any easements which would inhibit the use of the rear yard are prohibited. For purposes of this section a drainage swale with side slopes exceeding 1:10 and a depth exceeding 18 inches shall be established as the limit which inhibits use of this yard and is therefore prohibited.
(8)
Maximum building height is 35 feet.
2.
Design Requirements.
a.
Off-street parking requirements shall be provided as outlined in the Residential Site Improvement Standards (RSIS) for residential land uses or as provided in § 18-807, whichever standard requires a higher number of parking spaces. Non-residential land uses shall comply with the off-street parking requirements as provided in § 18-807B.
b.
Facilities to serve the recreational needs of the residents of the Mixed-Use Townhouse Development shall be appropriately sized to the scale and type of the development. A minimum recreational open space area equal to 5% of the tract area of a Mixed-Use Townhouse Development shall be provided, which may include passive and active recreation, or a combination thereof.
c.
Construction, design, lighting, screening and landscaping of parking areas and streets shall conform to the applicable provisions of this chapter. To the extent that the Township's standards for the construction and design of parking facilities, including the size and number of parking spaces as well as the design of internal streets and circulation driveways, is inconsistent with the Residential Site Improvements Standards (RSIS), then the RSIS code standards shall govern the parking area and street design.
d.
Residential structures and units which abut Cross and Prospect Streets shall be screened with a 20 foot-wide bermed year-round landscape screen. A fence shall not be substituted for the landscaping.
18-1023 Mixed-Use Development-Oak Street Core.
[Ord. No. 2017-51 § 31]
A.
Mixed Use Developments shall be subject to the following conditions:
1.
Minimum Tract Size — three contiguous acres, excluding freshwater wetlands associated NJDEP wetlands buffers, riparian buffers and flood hazard areas.
2.
Maximum Gross Residential Density — 4.36 dwelling units per gross acre for all dwelling types.
3.
Maximum Building Coverage for the Entire Tract — Maximum allowable under NJDEP/CAFRA regulations.
4.
Maximum Building Height — 35 feet for townhomes and 55 feet for commercial, multifamily and mixed-use buildings.
5.
The property, parcel or tract is located wholly within the R-10 A zone district and within the Mixed-Use Development area in the Oak Street Core, as outlined and delineated in the adopted 2013 Smart Growth Plan.
6.
All ingress and egress to the proposed development will be on a major or minor collector street.
8.
A minimum of 25% of the tract shall be utilized for nonresidential uses, including nonresidential buildings, parking, infrastructure and open space.
B.
Once applicable provisions of § 18-1023A (above) are met, any subdivision to show ownership, responsibility, deed restrictions, or covenants shall only be subject to lot provisions set forth herewith; and the placement of any building on such lot shall be at the discretion of the developer of the Mixed-Use Development. Restrictions and covenant requirements shall be established by the homeowners' association.
C.
If the tract meets the conditions as specified in § 18-1023A (above), the following uses shall be permitted:
1.
Principal Uses:
a.
Multifamily dwellings located in mixed-use or stand-alone buildings.
b.
Townhouse dwellings.
c.
Community facilities related to the cultural, social and recreational need of the residents of the development, including public or private parks, religious, ceremonial and ritual facilities, churches and other places of worship.
d.
Neighborhood-level retail and commercial sales and service businesses, financial institutions and office spaces with a maxim floor area of 5,000 square feet on the ground floor.
D.
In addition to the conditions set forth in § 18-1023A, mixed-use development shall be subject to the following bulk and yard regulations, design standards, and administrative requirements which shall not be deemed as bulk standards and therefore subject to "c" variance relief:
1.
Bulk Requirements. The following bulk requirements shall apply to the residential dwelling unit types in a Mixed-Use Development.
a.
Townhouse structures on common property:
(1)
Clusters of townhouse dwellings may be arranged on a tract subject to the applicable design standards contained in this chapter.
(2)
Maximum building length — 250 feet.
(3)
Minimum distance between buildings — 12 feet, unless part of a mixed-use commercial/residential building.
(4)
Minimum front yard setback— 25 feet from internal streets.
(5)
Minimum side yard setback (for end units) — 12 feet.
(6)
Minimum rear yard setback — 25 feet.
(7)
Minimum usable rear yard depth — 15 feet, 10 feet for rear yards adjacent to perimeter buffers. Decks shall be permitted within the usable yard area, but detention/retention facilities, drainage swales, or any easements which would restrict or inhibit the use of the rear yard are prohibited. For purposes of this section a drainage swale with side slopes exceeding 1:10 and a depth exceeding 18 inches shall be established as the limit which inhibits use of this yard and is therefore prohibited.
(8)
Maximum building height is 35 feet.
2.
Design Requirements.
a.
Off-street parking requirements shall be provided as outlined in the Residential Site Improvement Standards (RSIS) for residential land uses or as provided in § 18-807, whichever standard requires a higher number of parking spaces.
b.
Facilities to serve the recreational needs of the residents of the Mixed-Use Oak Street Development shall be appropriately sized to the scale and type of the development. A minimum recreational open space area equal to 5% of the tract area of a Mixed-Use Oak Street Core Development shall be provided, which may include passive and active recreation, or a combination thereof.
c.
Construction, design, lighting, screening and landscaping of parking areas and streets shall conform to the applicable provisions of this chapter. To the extent that the Township's standards for the construction and design of parking facilities, including the size and number of parking spaces as well as the design of internal streets and circulation driveways, is inconsistent with the Residential Site Improvements Standards (RSIS), then the RSIS code standards shall govern the parking area and street design.
d.
Residential structures and units which abut a major or minor collector street shall be screened with a 20 foot-wide berm with year-round landscape vegetative screen. A fence shall not be substituted for the landscaping.