A.
Except as previously or hereinafter provided, it shall
be unlawful to locate, relocate, erect, construct, reconstruct, enlarge
or structurally alter any building or structure, except in conformity
with the regulations of the zone in which such building or structure
is located.
B.
Except as previously or hereinafter provided, it shall
be unlawful to use or develop any land or building for any purpose
other than one which is permitted in the zone in which such land or
building is located.
[Amended 2-14-1991 by Ord. No. 5-91]
A.
No building shall be erected and no existing building
shall be altered, enlarged or rebuilt, nor shall any open space surrounding
any building be encroached upon or reduced in any manner, except in
conformity with the yard, lot area and building location regulations
designated for the zone in which such building or open space is located,
provided that, notwithstanding any provision of this chapter to the
contrary, accessory uses and additions may be constructed on nonconforming
lots in conjunction with an existing residential use if the proposed
accessory use or addition complies with the setback and yard requirements
designated for the zone in which such accessory use or addition is
located.
B.
All uses and development of land shall be in accordance
with all applicable provisions set forth under each Article of this
chapter.
[Amended 2-14-1991 by Ord. No. 5-91]
C.
Except as otherwise previously or hereinafter provided in this chapter, all uses and development of lands shall be in conformity with all applicable provisions of the schedules of limitations set forth under § 335-93, Schedules of limitations. [1]
[Amended 2-14-1991 by Ord. No. 5-91]
[1]
Editor's Note: Former Subsection D, relating
to single-family dwellings in the C-100 Marine Commercial Zone, added
5-26-1988 by Ord. No. 16-88, which immediately followed this subsection,
was repealed 12-22-1998 by Ord. No. 98-49.
[Amended 3-26-1992 by Ord. No. 92-18; 3-24-1994 by Ord. No. 94-16]
A.
No yard or other open space provided about any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other building,
and no yard or other space on one lot shall be considered as providing
a yard or open space for a building on any other lot.
B.
Eaves, chimney chases, bow windows and other such
architectural appurtenances may extend into a required yard a maximum
of two feet. Heat, venting air-conditioning or other mechanical equipment
which emits noise shall not be permitted within six feet of any property
line. Cantilevers which increase the floor area at any level of the
building will be prohibited in side yards. Any entrance which extends
into a required side setback shall be at ground level.
[Amended 12-22-1998 by Ord. No. 98-49; 10-26-2006 by Ord. No. 2006-51]
C.
Unroofed entrance porches which do not rise above
the height of floor level of the ground floor may extend into the
front yard, provided that the total area of all such porches, including
stairways, does not exceed 200 square feet and does not rise more
than three feet above the finished grade of the lot. Attached unroofed
rear yard decks may extend into rear yard setbacks, provided that
they do not exceed three feet in height and are not within six feet
of any property line. Exclusive of railings, the surface of unroofed
decks within rear yard setbacks on the waterfront shall not exceed
24 inches above the finished grade.
[Amended 12-22-1998 by Ord. No. 98-49]
D.
Where the owner or developer of a substandard-sized
lot owns adjacent lots or parcels of land, such lots or parcels shall
be considered as a single tract and shall be resubdivided to meet
the area and yard space provisions of this chapter.
[Amended 9-18-1980 by Ord. No. 25-80]
The maximum height limitations of this chapter
shall not apply to the following structures or parts of structures,
provided that the same neither interfere with aerial navigation nor
create a fire hazard:
A.
A parapet wall or cornice extending not more than
five feet above the height limit for the zone in which the same is
erected, provided that such parapet wall or cornice does not cover
more than 10% of the roof area.
B.
Noncommercial radio and television antennas, church
spires, belfries, cupolas and domes not used for human occupancy,
chimneys, ventilators, skylights, water tanks, bulkheads and other
necessary mechanical appurtenances usually carried above the roof
level, provided that such structures or parts of structures do not
cover more than 10% of the roof or ground area.
[Amended 9-18-1980 by Ord. No. 25-80; 12-22-1998 by Ord. No. 98-49]
All building lots shall abut a dedicated public street. No permit for the erection of any building or structure shall be issued unless at least 1/3, but not less than 40 feet, of the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the Official Map or shall be an existing state, county or municipal street or highway or a street shown upon a plat approved by the Planning Board or a street on a plot duly filed in the office of the county recording officer prior to the passage of Chapter 291 of the Laws of New Jersey, as amended, or other authorized body. Before any such permit shall be issued, such street shall have been suitably improved to the satisfaction of the governing body, or such suitable improvement shall have been assured by means of a performance guaranty, in accordance with standards and specifications for road improvements approved by the governing body.
[Amended 8-26-1982 by Ord. No. 25-82]
A.
Setback distance requirements from the face of any
structure to property lines, road, street and highway rights-of-way
and on major running streams and other bodies of water are herewith
established in this chapter for each zoning district as shown on the
Zoning Map[1] and as delineated in this chapter. Such setback distances shall be the minimum distance the face of any structure may be located from any right-of-way line, property line, stream or other body of water. Yard size as set forth and specified in § 335-93 herein and setback distances shall be synonymous.
[1]
Editor's Note: A copy of the Zoning Map is
included in the pocket at the end of this volume.
B.
Determination of the conformance of waterfront properties
with the setback requirements set forth herein for the zoning district
in which they lie shall be in the following manner:
[Amended 12-22-1998 by Ord. No. 98-49]
(1)
For bulkhead properties, the actual setback distance
provided shall be the distance as measured from the face of the structure
to be erected to the outbound face of the existing or approved bulkhead.
(2)
For properties in which no bulkheads or other suitable
means of shoreline embankment stabilization is provided, the setback
distance provided shall be as measured from the outbound face of the
proposed bulkhead as approved by the State of New Jersey or the mean
high-water line, as established by a certified survey and approved
by the State of New Jersey.
At the intersection of any two streets, or on
any corner lot, no hedge, fence, wall or other obstruction to vision,
other than a post or tree not exceeding one square foot in cross-sectional
area, shall be erected, placed, planted or allowed to grow in such
a manner as to obstruct vision between a height of two feet and 10
feet above the street line within the triangular area formed by the
two intersecting street lines bounding said lot and by a line connecting
points on each street line at a distance of 25 feet from their point
of intersection.
[Amended 12-22-1998 by Ord. No. 98-49]
On all corner lots, the depth of all yards abutting
on streets shall not be less than the minimum front yard setback required
on an adjoining interior lot fronting on such street.
[Amended 8-26-1982 by Ord. No. 25-82; 10-14-1993 by Ord. No. 93-82; 12-22-1998 by Ord. No.
98-49; 2-8-2001 by Ord. No. 01-07; 10-23-2008 by Ord. No. 2008-03; 2-9-2012 by Ord. No.
2012-06; 12-28-2017 by Ord. No. 2017-31]
Unless elsewhere specified in this chapter, accessory buildings
shall conform to the following regulations:
A.
Detached accessory buildings shall not exceed 16 feet in height or
the height of the principal structure, whichever is less. The floor
area of each building shall not exceed 50% of the footprint of the
principal structure.
B.
Detached accessory buildings on lots with a lot area of one acre
or less shall not exceed 16 feet in height or the height of the principal
structure, whichever is less, and the combined floor area of all detached
accessory buildings shall not exceed 50% of the footprint of the principal
structure.
C.
Zoning permit applications for detached accessory buildings with
a floor area of more than 250 square feet shall submit building plans
and a color rendering of the proposed detached accessory building.
Detached accessory buildings with a floor area of more than 250 square
feet shall match the roof and siding of the principal structure in
color, style and type. Additionally, the detached accessory building
shall be architecturally compatible with the principal structure.
The factors that shall be considered in determining whether the accessory
building is architecturally compatible shall include, but not be limited
to, rooflines and placement of windows and doors. The determination
of compatibility shall be made by the appropriate officials within
the Department of Community Development in connection with the issuance
of a zoning permit for the detached accessory building. An applicant
for a permit aggrieved by a determination made under this subsection
shall have the right to appeal to the Board of Adjustment pursuant
to N.J.S.A. 40:55D-70(a) or N.J.S.A. 40:55D-70(b).
D.
The minimum distance between any accessory building and adjoining
buildings shall be six feet.
E.
No permanent accessory structure shall be permitted in the front yard of any lot as defined in § 335-3.
F.
In the case of a lot abutting two or more streets, a permanent detached
accessory building shall not be located nearer the street line than
the required front yard setback on such street.
G.
An accessory building attached to a principal building shall comply
with all requirements for front yard, side yard, area and height requirements
for principal buildings.
H.
In the case of waterfront lots, the minimum distance an accessory
structure shall be erected, regardless of other regulations in this
chapter or other ordinances governing yard setbacks, from any stream,
lagoon or body of water shall be 15 feet.
[Added 10-23-2008 by Ord. No. 2008-30]
A storage structure may be utilized as a temporary
structure within the Township of Lacey when in compliance with the
standards in this section. Any use of such structures within the Township
of Lacey not in compliance with the section shall be unlawful and
subject to fines and penalties as permitted under this Code.
A.
Use of storage structures shall only be permitted
where a permit has been issued by the Township Zoning Officer.
(1)
Applications for the permitted use of a storage
structure may be obtained from the Zoning Office, and a zoning application
shall be submitted when requesting use of a storage structure, along
with a plot plan showing its location on the site and detailing the
distance of said structure from property lines, other buildings and
structures, fire hydrants, Fire Department connections and utilities.
(2)
All storage structures shall be placed in driveways
unless otherwise approved by the Zoning Officer.
(3)
No storage structures will be located within
the minimum setback of the zone unless otherwise approved by the Zoning
Official.
B.
Length of time structures may be on property; extensions.
(1)
A storage structure may be located as a temporary
structure on property within the Township of Lacey for a period not
exceeding 30 days in duration from time of delivery to time of removal
in circumstances where a construction permit for the property has
not been issued. Where exceptional circumstances exist, the Zoning
Office may alter the permit to extend the time where these structures
may be permitted on property.
(2)
In such circumstances where a construction permit
has been issued for the property, the storage structure may be located
as a temporary structure on property for a period not exceeding 90
days, with the right to three thirty-day extensions if deemed necessary
and appropriate by the Zoning Office. In no event may a storage structure
be located on property for a period in excess of 180 days in any twelve-month
period. Extensions beyond the 180 days may be granted by the Township
of Lacey Committee. The property owner seeking said extension must
apply to the Township of Lacey Committee at the time that the last
thirty-day extension is applied for.
C.
No more than two storage trailers may be located within
a residential zone of the Township of Lacey at one time. Such structures
shall be individually limited to the duration time period established
herein.
D.
No storage structures located within the Township
of Lacey shall contain toxic or hazardous materials.
[Amended 12-22-1998 by Ord. No. 98-49]
The minimum habitable floor area for each principal structure shall be in accordance with the minimum gross floor area established by § 335-93, setting forth the schedules of limitations. In the case of all principal structures having more than one habitable floor level, such structure shall have a minimum of 720 square feet of habitable floor area on the first floor level above grade, excluding garages, open porches, patios, breezeways and other similar appurtenances.
Except as elsewhere permitted in this chapter,
no more than one principal residential building shall be permitted
on any one lot.
[Amended 12-22-1998 by Ord. No. 98-49]
The architectural design of all new buildings,
except houses or dwellings, and of such buildings that may be renovated
or reconstructed shall be subject to the approval of the Planning
Board.
A.
Temporary construction buildings and trailers associated
with construction on a site for which site plan approval or subdivision
approval has been obtained may be maintained on said site, provided
that the location does not obstruct vision in such a manner as to
cause a traffic hazard. The construction building or trailer must
be removed prior to the issuance of a certificate of occupancy or
within 30 business days after construction is completed or abandoned,
whichever comes first.
[Amended 12-22-1998 by Ord. No. 98-49]
B.
Said temporary buildings and construction trailers
shall be used only for activities associated with the construction
on the site for which subdivision approval or site plan approval has
been obtained.
C.
Abandonment for the purposes of this section, shall
be where no construction of any buildings or improvements has been
actively prosecuted for a period of 30 business days.
D.
Should any statute or regulation of the State of New
Jersey or the County of Ocean impose a higher standard, the higher
standard shall govern.
[Amended 8-26-1982 by Ord. No. 25-82]
A.
No new lot may be created in which any portion of
the land area used to meet lot area requirements herein lies beyond
the mean high-water line, within a riparian grant or which lies underwater.
B.
In those cases where an existing waterfront lot which
was not bulkheaded but was in conformance with the minimum lot area
requirement of the Zoning Ordinance in effect at the time of the lot
creation and in which the lot area was reduced by the effects of erosion,
a reduction of lot area not greater than 10% of the original lot area
may be permitted without a variance. The Zoning Officer shall require,
in such cases, as a condition of issuance of any zoning permit to
such a lot, the submission of proofs that all state and local permits
required for bulkheading of this lot have been obtained, along with
a plan indicating the location of the proposed bulkhead on the lot.
The Zoning Officer may, as a condition to the issuance of a zoning
permit, modify the bulkheading requirements to include other suitable
means of shoreline stabilization as permitted by state and local agencies
having jurisdiction.
[Amended 12-22-1998 by Ord. No. 98-49]
C.
The Construction Official shall require that all bulkheading
or other suitable means of shoreline bank stabilization approved by
the Zoning Officer be completed as shown on the bulkheading plan prior
to the issuance of any certificate of occupancy. The purpose of the
bulkheading is to ensure the dimensional stability of the lot through
the prevention of erosion.
[Amended 12-22-1998 by Ord. No. 98-49]
Nothing in this chapter shall require any change
in the plans, construction, size or designated use of any building,
structure or part thereof for which any building permit has been granted
before the enactment of this chapter, provided that construction from
such plans shall have been started within 60 days of enactment of
this chapter and shall be diligently pursued to completion.
[Added 10-25-1984 by Ord. No. 57-84; amended 6-24-1993 by Ord. No. 93-57; 12-22-1998 by Ord. No. 98-49]
A.
Interior lots.
(1)
All fences and screens must be erected within the
property lines, and no fence or screen shall be erected or planted
so as to encroach upon a public right-of-way.
(2)
See-through fences shall not exceed six feet in height
when erected in the rear and side yards to the front building line
of the existing building. When erected from the front building line
of the existing building toward the front property line, such see-through
fence shall not exceed four feet in height.
(3)
Solid fences or screens shall not exceed six feet
in height and shall not be permitted in front yards.
(4)
Barbed wire shall not be used in a residential area.
(5)
Any fence in a residential zone shall have its most
pleasant or decorative side facing the adjacent lot with all posts
being in the owner's yard unless such posts or supports are an integral
part of the decorative design of the fence.
(6)
Maintenance standards.
(a)
Every fence or screen shall be maintained in
a safe, sound, upright condition.
(b)
If, upon inspection, any fence or screen or
portion of any fence or screen is not being maintained in a safe,
sound, upright condition or has been erected in violation of this
chapter, the owner shall be notified in writing to repair or remove
such fence or screen within 10 days of the date of written notice.
(7)
Aboveground electric fences shall not be used and are prohibited
in all residential areas.
[Added 9-14-2023 by Ord.
No. 2023-21]
B.
Corner lots.
(1)
All fences and screens must be erected within the
property lines, and no fence or screen shall be erected or planted
so as to encroach upon a public right-of-way.
(2)
See-through fences shall not exceed six feet in height
when erected in the rear and side yards to the front building line
of the existing building. When erected from the front building line
of the existing building toward the front property line or within
the fifteen-foot waterfront setback line, such see-through fence shall
not exceed four feet in height.
[Amended 6-23-2005 by Ord. No. 2005-51]
(3)
Solid fences or screens shall not exceed six feet
in height and shall not be permitted in front yards, side yards abutting
a street or the front setback as applied to adjoining interior lots
for rear yards abutting a street.
(4)
Barbed wire shall not be used in a residential area.
(6)
Any fence in a residential zone shall have its most
pleasant or decorative side facing the adjacent lot with all posts
being in the owner's yard unless such posts or supports are an integral
part of the decorative design of the fence.
(7)
Maintenance standards.
(a)
Every fence or screen shall be maintained in
a safe, sound, upright condition.
(b)
If, upon inspection, any fence or screen or
portion of any fence or screen is not being maintained in a safe,
sound, upright condition or has been erected in violation of this
chapter, the owner shall be notified in writing to repair or remove
such fence or screen within 10 days of the date of written notice.
(8)
Aboveground electric fences shall not be used and are prohibited
in all residential areas.
[Added 9-14-2023 by Ord.
No. 2023-21]
C.
Waterfront lots.
(1)
All fences and screens must be erected within the
property lines, and no fence or screen shall be erected or planted
so as to encroach upon a public right-of-way.
(2)
See-through fences shall not exceed six feet in height
when erected in the rear and side yards to the front building line
of the existing building. When erected from the front building line
of the existing building toward the front property line or within
the twenty-five-foot waterfront setback line, such see-through fence
shall not exceed four feet in height.
(3)
Solid fences or screens shall not exceed six feet
in height and shall not be permitted in front yards or within the
fifteen-foot waterfront setback line.
[Amended 5-27-2004 by Ord. No. 2004-31]
(4)
Barbed wire shall not be used in a residential area.
(5)
Any fence in a residential zone shall have its most
pleasant or decorative side facing the adjacent lot, with all posts
being in the owner's yard unless such posts or supports are an integral
part of the decorative design of the fence.
(6)
Maintenance standards.
(a)
Every fence or screen shall be maintained in
a safe, sound, upright condition.
(b)
If, upon inspection, any fence or screen or
portion of any fence or screen is not being maintained in a safe,
sound, upright condition or has been erected in violation of this
chapter, the owner shall be notified in writing to repair or remove
such fence or screen within 10 days of the date of written notice.
(7)
Aboveground electric fences shall not be used and are prohibited
in all residential areas.
[Added 9-14-2023 by Ord.
No. 2023-21]
D.
Any fence constructed prior to 1991, notwithstanding anything to the contrary, which does not conform to setback requirements may be repaired or replaced in accordance with original specifications at its present location, provided the Zoning Officer finds that said fence complies with the visual requirements of § 335-13 and does not unduly obstruct any driveway.
[Added 7-22-2004 by Ord. No. 2004-46]
E.
Residents with unimproved roads located adjacent to the side or rear of a single-family dwelling may erect a six-foot solid fence and/or a portable shed 100 square feet or less within the side or rear setback when the paper street has remained unimproved for more than five years and the resident agrees to bring the fence into compliance with § 335-22A and B if the paper road is improved to create an actual roadway accepted or constructed by the Township.
[Added 6-23-2005 by Ord. No. 2005-51]
F.
Any fence, paddock, corral or other enclosure constructed
to keep horses contained on the property must be set back a minimum
of 20 feet from any property line. Any fence, paddock, corral or other
enclosure to keep horses from leaving the property constructed prior
to September 18, 2007, may be rebuilt, replaced, or constructed by
the property owner for any reason, even if the structure is partially
or totally destroyed. An affidavit from the property owner stating
that the fence, paddock, corral or other type of enclosure existed
prior to September 18, 2007, will be sufficient for the issuance of
any permit required to rebuild, replace or construct the fence.
[Added 9-13-2007 by Ord. No. 2007-29]
[Added 12-22-1998 by Ord. No. 98-49]
Any residential or nonresidential driveway abutting collector or arterial streets, as defined in § 297-2 of the Municipal Code of the Township of Lacey, are to be designed and provided with turnarounds on the property to prevent backing out of the property onto the adjacent roadway.
[Added 6-28-2001 by Ord. No. 01-37]
A.
A "home occupation" is defined as an accessory use
conducted for commercial gain incidental to a dwelling and carried
on within the dwelling or an accessory building by members of the
family residing therein.
B.
Home occupations shall be permitted in residential
zones by obtaining a permit from the Zoning Officer under the following
conditions:
(1)
Those engaging in the home occupation must be
residents of the dwelling.
(2)
The space devoted to the home occupation must
be 25% or less of the total square footage of the dwelling and shall
not alter the character of the building's appearance from residential
to commercial.
(3)
Retail sales will not be conducted on the property.
(4)
Only one vehicle may be engaged in or used in support of the home occupation and shall be limited in size so that the exterior extremities of the vehicle will fit within the standard parking space, nine feet in width by 19 feet in depth, as defined in § 285-11A(1)(a) of Chapter 285, Site Plan Review. The vehicle used in support of the home occupation must be parked on site. The term "vehicle," as used in this subsection, includes any vehicle requiring registration, including but not limited to cars, trucks, trailers and boats.
(5)
The home occupation shall not constitute a nuisance
to adjacent residential properties for reasons of noise, vibration
and electrical interference or otherwise adversely affect the safe
and comfortable enjoyment of property rights in the residential zone.
C.
If the home occupation is to be located on the property
but outside the principle dwelling, application must be made to the
Planning Board for a conditional use approval. Home occupations shall
only be permitted if no activity in connection with home occupation
is conducted outside of the principal dwelling. Activities which will
result in a home occupation no longer being permitted in a residential
zone include but are not limited to storing of material or equipment
or engaging in any home occupation activity outside of the principle
dwelling. If any activity is conducted in connection with the home
occupation outside of the principal dwelling, conditional use approval
is necessary.
[Added 2-24-2022 by Ord.
No. 2022-03]
A.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and Make-Ready parking spaces through municipal parking regulations
and other standards. EVSE and Make-Ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and Make-Ready parking
spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
(1)
(2)
(3)
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three phase circuit with special
grounding equipment. DCFC stations can also be referred to as rapid
charging stations that are typically characterized by industrial grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make-Ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a "plug and play" basis. "Make-Ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
al.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
[Amended 10-12-2022 by Ord. No. 2022-33]
(1)
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
The Borough Zoning Official shall enforce all signage and installation
requirements described in this section. Failure to meet the requirements
in this section shall be subject to the same enforcement and penalty
provisions as other violations of Township of Lacey's land use regulations.
(5)
An application for development for the installation of EVSE
or Make-Ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met;
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations; and
(d)
Within the Pinelands Area, the proposed installation complies
with the minimum environmental standards of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-6.1 et seq.).
(6)
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Borough
Zoning Official within 20 days after filing of the application detailing
all deficiencies in the application and identifying any additional
information explicitly necessary to complete a review of the permit
application.
(d)
In the Pinelands Area, an application pursuant to Subsection C(5) above shall also require the submission of a certificate of filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of § 335-119B(7) of this chapter.
(7)
Upon deeming an application complete pursuant to Subsection C(6) above, the Administrative Officer shall issue a zoning permit in accordance with § 335-79 of this chapter, and the following:
(a)
In the Pinelands Area, said zoning permit shall not take effect and no development shall be carried out until the provisions of § 335-122 and § 335-123 have been met, unless the proposed development meets the criteria of § 335-119B(7) of this chapter.
(8)
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(9)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and Make-Ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of Make-Ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of Make-Ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
Make-Ready parking spaces.
(d)
Throughout the installation of EVSE in the Make-Ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one Make-Ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two Make-Ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three Make-Ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four Make-Ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as Make-Ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing Make-Ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 285 of the Township of Lacey Municipal Code.
[Amended 8-11-2022 by Ord. No. 2022-25]
(2)
A parking space prepared with EVSE or Make-Ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and Make-Ready parking spaces.
(1)
Location and layout of EVSE and Make-Ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation.
(a)
Installation of EVSE and Make-Ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or Make-Ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and Make-Ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or Make-Ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with Township of Lacey's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is set back a minimum of 24
inches from the face of the curb. Any standalone EVSE bollards should
be three to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
Township of Lacey shall require the owners/designee of publicly accessible
EVSE to provide information on the EVSE's geographic location, date
of installation, equipment type and model, and owner contact information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[1]
Hours of operation and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
[2]
Usage fees and parking fees, if applicable; and
[3]
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(6)
Usage fees.
[Amended 8-11-2022 by Ord. No. 2022-25]
(a)
For publicly accessible municipal EVSE. In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be established by resolution adopted by the governing
body.
(b)
This fee may be amended by a resolution adopted by the governing
body.
(c)
Private EVSE. Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
