Preview
OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 1 of 8 Trans ID: LCV2017703876
Paul H. Schneider, Esq., NJ-024601978
Afiyfa H. Ellington, Esq. NJ-030112003
GIORDANO, HALLERAN & CIESLA, P.C.
125 Half Mile Road, Suite 300
Red Bank, N.J. 07701-6777
(732) 741-3900
Attorneys for Plaintiff, New Jersey Shore Builders Association
NEW JERSEY SHORE BUILDERS | SUPERIOR COURT OF NEW JERSEY
ASSOCIATION, A Non-Profit New Jersey ! OCEAN COUNTY
Corporation i LAW DIVISION
i
Plaintiff ! DOCKET NO.
Vv.
COMPLAINT IN LIEU OF
TOWNSHIP OF LAKEWOOD and the PREROGATIVE WRITS
TOWNSHIP COMMITTEE OF THE
TOWNSHIP OF LAKEWOOD,
Defendants.
Plaintiff, New Jersey Shore Builders Association, with an address at 190 Oberlin Avenue
North, Lakewood, County of Ocean, State of New Jersey, by way of Complaint, says:
FIRST COUNT
1 Plaintiff New Jersey Shore Builders Association (NJSBA) is a non-profit
association comprised of homebuilders, subcontractors, vendors and suppliers of business
services to the home building industry and its allied trade throughout Ocean and Monmouth
Counties. NJSBA has members that are owners and prospective owners of property within the
Township of Lakewood, Ocean County that are subject to the Township’s Land Use and
Development Regulations.
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2. Defendant, Township of Lakewood (“Lakewood” or “Township”) is a Municipal
Corporation of the State of New Jersey with offices located at 231 Third Street, Lakewood, New
Jersey 08701.
3 Defendant, Township Committee of the Township of Lakewood (“Committee”),
constitutes the duly elected governing body of the Township of Lakewood, with offices located
at 231 Third Street, Lakewood, New Jersey 08701.
4 Lakewood, through its Township Committee, is empowered to regulate the use
and development of real property within its boundaries pursuant to the grant of authority from
the State of New Jersey as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163
(the “MLUL”).
5 On November 8, 2017, the Township adopted Ordinance #02017-27, modifying
Article IX, Chapter XVIII, §18-200-B, which establishes definitions of terms, of the Township
of Lakewood Unified Development Ordinance (“UDO”), by creating definitions for alleged
habitable attics. Attached hereto as Exhibit A is a copy of Ordinance #02017-27.
6. Ordinance #2017-27 creates the following definitions:
Attic: The unfinished space between the ceiling assembly
and the roof assembly.
Attic, Habitable: An attic that has a stairway as a means of
access and egress, and in which the ceiling area at a height of
seven feet above the attic floor is not more than one-third the area
of the next floor below.
7 Ordinance #2017-27 also provides for minimum off-street parking, loading and
circulation standards for the alleged habitable attics as being the equivalent of one (1) bedroom
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in determining the number of bedrooms in a dwelling for calculating the Residential Site
Improvement Standards (RSIS).
8 The Township’s definition of “attic, habitable” as a bedroom, simply because the
area is accessed by a stairway and has a ceiling area at a height of seven feet above the attic floor
that is no more than one-third the area of the next floor below is arbitrary, capricious and
unreasonable.
9. Under the Township’s definition there is no reasonable expectation that the attic
could reasonably be used as a bedroom where there is no heating, ventilation and air
conditioning standards, installation standards, finished walls, ceiling or floor and other standards
that may call for the space to be considered a bedroom.
10. Permitting the undefined and unscrupulous standard, would result in all rooms of
a dwelling, including but not limited to the garage and kitchen, to be considered a bedroom due
to the potential of a dwelling owner converting the space to a bedroom without the necessary
permit.
11. Thus, Ordinance #2017-27 is arbitrary, capricious and unreasonable, ultra vires,
void, unlawful and unenforceable.
12. The interest of justice requires that the Plaintiff be permitted to proceed with the
challenge to Ordinance #2017-27.
WHEREFORE, Plaintiff demands judgment as follows:
(a) Adjudging and declaring Ordinance #2017-27 to be arbitrary, capricious, ultra vires, 9
void, unlawful and unenforceable;
(b) For attorneys’ fees and costs of suit; and
(c) For such other relief as the court deems just and proper.
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SECOND COUNT.
13. Plaintiff repeats all the allegations of paragraphs 1 through 12 and incorporate
same herein as if fully stated herein:
14, By virtue of the foregoing, there is a dispute between the parties for which this
Court may grant declaratory relief pursuant to the Declaratory Judgment Act. N.J.S.A. 2A:16-50
et seq.
WHEREFORE, Plaintiff demands judgment as follows:
@) declaring that the Ordinance #02017-27 is arbitrary and capricious, ultra
vires, void, unlawful and unenforceable;
(b) for attorneys fees and costs of suit;
©) for such other relief as the court deems just and proper.
CERTIFICATION
Pursuant to R. 4:5-1, [hereby certify that the subject matter in controversy is not the subject
of any other action pending in any court or of a pending arbitration proceeding, and that no such
other action or arbitration proceeding is contemplated. I further certify that there is no other party
that should be joined in this action pursuant to R. 4:28 or that is subject to joinder pursuant to R.
4:29-1(b).
CERTIFICATION PURSUANT TO R. 4:69-4
I hereby certify that all necessary transcripts of the proceedings in this matter have been
ordered.
DESIGNATION OF TRIAL COUNSEL
Pursuant to R. 4:5-i(c), Paul H. Schneider, Esq. and Afiyfa E. Ellington, Esq. are hereby
designated as trial counsel in this action.
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CERTIFICATION PURSUANT TO R. 1:38-7(c)
I hereby certify that the confidential personal identifiers have been redacted from
documents now submitted to the court, and will be redacted from all documents submitted in the
future in accordance with R. 1:38-7(b).
GIORDANO, HALLERAN & CIESLA
A Professional Corporation
Attomeys for Plaintiff
New Jersey Shore Builders Association
» GEL
PAUL H. SCHNEIDER, ESQ.
AFIYFA H. ELLINGTON, ESQ.
Dated: December 2b 2017
Docs #3020242-v1
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EXHIBIT A —
OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 7 of 8 Trans ID: LCV2017703876
02017-27
ORDINANCE OF THE TOWNSHIP OF LAKEWOOD, COUNTY OF
OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING
ARTICLE Il (DEFINITIONS), SECTION 18-200-B (DEFINITION OF
TERMS) AND ARTICLE ill (DESIGN STANDARDS), SECTION 18-807
(OFF-STREET PARKING, LOADING AND CIRCULATION) OF GHAPTER
XVIII, UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, the Township of Lakewood has adopted an Ordinance to regulate the
nature and extent of the uses of land and of buildings and structures thereon for the
purposes set forth in the Municipal Land Use Law N.J.S.A. 40:55D et seq., and to exercise
the power to zone and regulate land development granted to municipalities of the State
of New Jersey; and
WHEREAS, the Township of Lakewood seeks to modify the Unified Development
Ordinance to include provisions for the definition of attics and habitable attics and off-
street parking therefor.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the
Township of Lakewood, County of Ocean, and State of New Jersey, that Chapter XVIII
of the Unified Development Ordinance is amended and supplemented as follows:
SECTION 1. Chapter XVIII of the Unified Development Ordinance of the Township
of Lakewood, Article I! (Definitions), Section 18-200-B (Definition of Terms), shall be
amended and supplemented by the addition of the following:
eee
Attic: The unfinished space between the ceiling assembly and the roof assembly.
Attic, Habitable: An attic that has a stairway as a means of access and egress
and in which the ceiling area at a height of seven feet above the attic floor is not more
than one-third the area of the next floor below.
eK
SECTION 2. Chapter XVIII of the Unified Development Ordinance of the Township
of Lakewood, Article VIIl (Design Standards), Section 18-807-A (Off-Street Parking,
Loading and Circulation) shall be amended and supplemented by the addition of the
following:
A Minimum Standards. Off-street parking space, together with appropriate
access thereto, shall be provided in accordance with the following minimum
standards:
1
Residential developments shall provide parking in accordance with
the requirements of the Residential Site Improvement Standards for single-family
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detached dwellings with up to five (5) bedrooms. The parking requirements for single-
family detached dwellings with six (6) or more bedrooms shall be as follows:
6 Bedroom — 3.5 (4 spaces)
7 Bedroom — 4.0 (4 spaces)
8 Bedroom — 4.5 (4 spaces)
9 Bedroom ~ 5.0 (5 spaces)
10 Bedroom — 5.5 (5 spaces)
Note: Basements shall be considered two (2) bedrooms in determining the
number of bedrooms in a dwelling: and Habitable Attics shall be considered one (1)
bedroom in determining the number of bedrooms in a dwelling.
SECTION 3. All ordinances or parts of ordinances inconsistent herewith are hereby
repealed to the extent of such inconsistency.
SECTION 4. If any section, subsection, paragraph, sentence or any part of this.
Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair
or invalidate the remainder of this ordinance not directly involved in the controversy in
which such judgment shall have been rendered.
SECTION 5. This ordinance shall take effect immediately upon final passage and
publication as required by law.
NOTICE
PUBLIC NOTICE is hereby given that the foregoing ordinance was introduced at
a meeting of the Township Committee of the Township of Lakewood, in the County of
Ocean and State of New Jersey on the 13" day of July, 2017, and was then read for the
first time. The said Ordinance will be further considered for final passage by the Township
Committee in the Town Hall at 7:30 p.m. on November 8, 2017. At such time and place
or any time or place to which said meeting may be adjourned, all persons interested will
be given an opportunity to be heard concerning said ordinance.
Kathryn Hutchinson, RMC
Township Clerk
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Appendix XTJ-B1
agen
CIvIL CASE INFORMATION STATEMENT PAYMENT TYPE: Lick Lles LIca
(OR COP (CIS) CHG/CK NO.
G
3 alea Use for initial Law Division AMOUNT:
ooo} BIS
/
%eoS eh!
is Civil Part pieadings (not motions) under Rule 4:5-1
Pleading will be rejected for filing, under Rule 1:5-6(c), OVERPAYMENT:
oe
if information above the black bar is not completed
or attorney’s signature is not affixed BATCH NUMBER:
ATTORNEY /PRO SE NAME TELEPHONE NUMBER COUNTY OF VENUE
Paul H. Schneider, Esq./Afiyfa H. Ellington, Esq. (732) 219-5487 Ocean
FIRM NAME (if applicable) DOCKET NUMBER (when available)
Giordano, Halleran & Ciesla, P.C.
OFFICE ADDRESS DOCUMENT TYPE
125 Haif Mile Road, Suite 300 Complaint
Red Bank, New Jersey 07701
JURY DEMAND O Yes No
NAME OF PARTY (eg., John Doe, Plaintiff) CAPTION
New Jersey Shore Builders New Jersey Shore Builders Association v. Township of Lakewood and
Association Township Committee of Township of Lakewood
CASE TYPE NUMBER HURRICANE SANDY
(See reverse side for listing) RELATED? |S THIS A PROFESSIONAL MALPRACTICE CASE? O Yes Hho
701 O Yes No IF YOU HAVE CHECKED “YES,” SEE N.J.S.A. 24:53 A -27 AND APPLICABLE CASE LAW
REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT.
RELATED CASES PENDING? IF YES, LIST DOCKET NUMBERS
O Yes HNo
DO YOU ANTICIPATE ADDING ANY PARTIES NAME OF DEFENDANT'S PRIMARY INSURANCE COMPANY (if known)
{arising out of same transaction or occurrence)?
N/A O None
O Yes No 1 Unknown
me ale ule aa ten eke Maes merOM M18) bie]
8] eee eeRAZ
le) =e
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
DO PARTIES HAVE A CURRENT, PAST OR IF YES, IS THAT RELATIONSHIP:
RECURRENT RELATIONSHIP? CO EMPLOYER/EMPLOYEE CO FRIEND/NEIGHBOR OO OTneR (explain)
O Yes No 1 Famiuiac C1 Business
DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING PARTY? OD Yes QO No
USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR
ACCELERATED DISPOSITION
Id. Do You OR YOUR CLIENT NEED ANY DISABILITY ACCOMMODATIONS?
O Yes No
WILL AN INTERPRETER BE NEEDED?
IF YES, PLEASE IDENTIFY THE REQUESTED ACCOMMODATION
IF YES, FOR WHAT LANGUAGE?
O Yes No
\ certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be
redacted from all documents submittgd-in
the future in accordance with Rule 1:38-7(b).
ATTORNEY SIGNATURE:
Effective 06/05/2017, CN 10517 page 1 of 2
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Sits (94
CIVIL CASE INFORMATION STATEMENT
aa (CIS)
Use for initial pleadings (not motions) under Rule 4:5-1
CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.)
Track | - 150 days’ discovery
151 NAME CHANGE
4175 FORFEITURE
302 TENANCY
399 REAL PROPERTY (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction)
502 BOOK ACCOUNT (debt collection matters only)
505 OTHER INSURANCE CLAIM (including declaratory judgment actions)
506 PIP COVERAGE
510 UM or UIM CLAIM (coverage issues only)
511 ACTION ON NEGOTIABLE INSTRUMENT
512 LEMON LAW
801 SUMMARY ACTION
802 OPEN PUBLIC RECORDS ACT (summary action)
999 OTHER (briefly describe nature of action)
Track li - 300 days’ discovery
305 CONSTRUCTION
508 EMPLOYMENT (other than CEPA or LAD)
599 CONTRACT/COMMERCIAL TRANSACTION
603N AUTO NEGLIGENCE ~ PERSONAL INJURY (non-verbal threshold)
603Y AUTO NEGLIGENCE — PERSONAL INJURY (verbal threshold)
605 PERSONAL INJURY
610 AUTO NEGLIGENCE - PROPERTY DAMAGE
621 UM or UIM CLAIM {includes bodily injury)
6399 TORT — OTHER
Track Ill - 450 days' discovery
005 CIVIL RIGHTS:
301 CONDEMNATION
602 ASSAULT AND BATTERY
604 MEDICAL MALPRACTICE
606 PRODUCT LIABILITY
607 PROFESSIONAL MALPRACTICE
608 TOXIC TORT
609 DEFAMATION
616 WHISTLEBLOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES.
617 INVERSE CONDEMNATION
618 LAW AGAINST DISCRIMINATION (LAD) CASES
Track IV - Active Case Management by individual Judge / 450 days' discovery
156 ENVIRONMENTALV/ENVIRONMENTAL COVERAGE LITIGATION
303 MT. LAUREL.
508 COMPLEX COMMERCIAL
513 MPLEX CONSTRUCTION
514 INSURANCE FRAUD
620 FALSE CLAIMS ACT
701 ACTIONS IN LIEU OF PREROGATIVE WRITS
Multicounty Litigation (Track 1V)
271 ACCUTANE/SOTRETINOIN 292 PELVIC MESH/BARD
274 RISPERDAL/ISEROQUEL/ZYPREXA 293 DEPUY ASR HIP IMPLANT LITIGATION
281 BRISTOL-MYERS SQUIBB ENVIRONMENTAL, 295 ALLODERM REGENERATIVE TISSUE MATRIX
282 FOSAMAX 296 STRYKER REJUVENATE/ABG I] MODULAR HIP STEM COMPONENTS.
285 STRYKER TRIDENT HIP IMPLANTS 297 MIRENA CONTRACEPTIVE DEVICE
286 LEV) 298 OLMESARTAN MEDOXOMIL MEDICATIONS/BENICAR
287 YAZNASMINIOCELLA 300 TALC-BASED BODY POWDERS
289 REGLAN ASBESTOS:
290 POMPTON LAKES ENVIRONMENTAL LITIGATION 623 PROPECIA
291 PELVIC MESH/GYNECARE STRYKER LFIT CoCr V40 FEMORAL HEADS
If you believe this case requires a track other than that provided above, please indicate the reason on Side 1,
in the space under "Case Characteristics.
Please check off each applicable category © Putative Class Action LH Title 59
Effective 06/05/2017, CN 10517 page2 of 2
OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 1 of 1 Trans ID: LCV2017703876
Civil Case Information Statement
Case Details: OCEAN | Civil Part Docket# L-003482-17
Case Caption: NEW JERSEY SHORE BUI LDERS ASS _ VS. Case Type: ACTIONS IN LIEU OF PREROGATIVE WRITS
TOWNSHIP OF LA Document Type: Complaint
Case Initiation Date: 12/26/2017 Jury Demand: NONE
Attorney Name: PAUL H SCHNEIDER: Hurricane Sandy related? NO
Firm Name: GIORDANO HALLERAN & CIESLA, PC Is this a professional malpractice case? NO
Address: 125 HALF MILE ROAD SUITE 300 Related cases pending: NO
RED BANK NJ 07701 If yes, list docket numbers:
Phone: Do you anticipate adding any parties (arising out of same
Name of Party: PLAINTIFF : NEW JERSEY SHORE transaction or occurrence)? NO
BUILDERS ASSN
Name of Defendant's Primary Insurance Company
(if known): None
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
| certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
12/26/2017 /s/ PAUL H SCHNEIDER
Dated Signed
Preview
OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 1 of 8 Trans ID: LCV2017703876 Paul H. Schneider, Esq., NJ-024601978 Afiyfa H. Ellington, Esq. NJ-030112003 GIORDANO, HALLERAN & CIESLA, P.C. 125 Half Mile Road, Suite 300 Red Bank, N.J. 07701-6777 (732) 741-3900 Attorneys for Plaintiff, New Jersey Shore Builders Association NEW JERSEY SHORE BUILDERS | SUPERIOR COURT OF NEW JERSEY ASSOCIATION, A Non-Profit New Jersey ! OCEAN COUNTY Corporation i LAW DIVISION i Plaintiff ! DOCKET NO. Vv. COMPLAINT IN LIEU OF TOWNSHIP OF LAKEWOOD and the PREROGATIVE WRITS TOWNSHIP COMMITTEE OF THE TOWNSHIP OF LAKEWOOD, Defendants. Plaintiff, New Jersey Shore Builders Association, with an address at 190 Oberlin Avenue North, Lakewood, County of Ocean, State of New Jersey, by way of Complaint, says: FIRST COUNT 1 Plaintiff New Jersey Shore Builders Association (NJSBA) is a non-profit association comprised of homebuilders, subcontractors, vendors and suppliers of business services to the home building industry and its allied trade throughout Ocean and Monmouth Counties. NJSBA has members that are owners and prospective owners of property within the Township of Lakewood, Ocean County that are subject to the Township’s Land Use and Development Regulations. OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 2 of 8 Trans ID: LCV2017703876 2. Defendant, Township of Lakewood (“Lakewood” or “Township”) is a Municipal Corporation of the State of New Jersey with offices located at 231 Third Street, Lakewood, New Jersey 08701. 3 Defendant, Township Committee of the Township of Lakewood (“Committee”), constitutes the duly elected governing body of the Township of Lakewood, with offices located at 231 Third Street, Lakewood, New Jersey 08701. 4 Lakewood, through its Township Committee, is empowered to regulate the use and development of real property within its boundaries pursuant to the grant of authority from the State of New Jersey as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163 (the “MLUL”). 5 On November 8, 2017, the Township adopted Ordinance #02017-27, modifying Article IX, Chapter XVIII, §18-200-B, which establishes definitions of terms, of the Township of Lakewood Unified Development Ordinance (“UDO”), by creating definitions for alleged habitable attics. Attached hereto as Exhibit A is a copy of Ordinance #02017-27. 6. Ordinance #2017-27 creates the following definitions: Attic: The unfinished space between the ceiling assembly and the roof assembly. Attic, Habitable: An attic that has a stairway as a means of access and egress, and in which the ceiling area at a height of seven feet above the attic floor is not more than one-third the area of the next floor below. 7 Ordinance #2017-27 also provides for minimum off-street parking, loading and circulation standards for the alleged habitable attics as being the equivalent of one (1) bedroom OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 3 of 8 Trans ID: LCV2017703876 in determining the number of bedrooms in a dwelling for calculating the Residential Site Improvement Standards (RSIS). 8 The Township’s definition of “attic, habitable” as a bedroom, simply because the area is accessed by a stairway and has a ceiling area at a height of seven feet above the attic floor that is no more than one-third the area of the next floor below is arbitrary, capricious and unreasonable. 9. Under the Township’s definition there is no reasonable expectation that the attic could reasonably be used as a bedroom where there is no heating, ventilation and air conditioning standards, installation standards, finished walls, ceiling or floor and other standards that may call for the space to be considered a bedroom. 10. Permitting the undefined and unscrupulous standard, would result in all rooms of a dwelling, including but not limited to the garage and kitchen, to be considered a bedroom due to the potential of a dwelling owner converting the space to a bedroom without the necessary permit. 11. Thus, Ordinance #2017-27 is arbitrary, capricious and unreasonable, ultra vires, void, unlawful and unenforceable. 12. The interest of justice requires that the Plaintiff be permitted to proceed with the challenge to Ordinance #2017-27. WHEREFORE, Plaintiff demands judgment as follows: (a) Adjudging and declaring Ordinance #2017-27 to be arbitrary, capricious, ultra vires, 9 void, unlawful and unenforceable; (b) For attorneys’ fees and costs of suit; and (c) For such other relief as the court deems just and proper. OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 4 of 8 Trans ID: LCV2017703876 SECOND COUNT. 13. Plaintiff repeats all the allegations of paragraphs 1 through 12 and incorporate same herein as if fully stated herein: 14, By virtue of the foregoing, there is a dispute between the parties for which this Court may grant declaratory relief pursuant to the Declaratory Judgment Act. N.J.S.A. 2A:16-50 et seq. WHEREFORE, Plaintiff demands judgment as follows: @) declaring that the Ordinance #02017-27 is arbitrary and capricious, ultra vires, void, unlawful and unenforceable; (b) for attorneys fees and costs of suit; ©) for such other relief as the court deems just and proper. CERTIFICATION Pursuant to R. 4:5-1, [hereby certify that the subject matter in controversy is not the subject of any other action pending in any court or of a pending arbitration proceeding, and that no such other action or arbitration proceeding is contemplated. I further certify that there is no other party that should be joined in this action pursuant to R. 4:28 or that is subject to joinder pursuant to R. 4:29-1(b). CERTIFICATION PURSUANT TO R. 4:69-4 I hereby certify that all necessary transcripts of the proceedings in this matter have been ordered. DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:5-i(c), Paul H. Schneider, Esq. and Afiyfa E. Ellington, Esq. are hereby designated as trial counsel in this action. OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 5 of 8 Trans ID: LCV2017703876 CERTIFICATION PURSUANT TO R. 1:38-7(c) I hereby certify that the confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with R. 1:38-7(b). GIORDANO, HALLERAN & CIESLA A Professional Corporation Attomeys for Plaintiff New Jersey Shore Builders Association » GEL PAUL H. SCHNEIDER, ESQ. AFIYFA H. ELLINGTON, ESQ. Dated: December 2b 2017 Docs #3020242-v1 OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 6 of 8 Trans ID: LCV2017703876 EXHIBIT A — OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 7 of 8 Trans ID: LCV2017703876 02017-27 ORDINANCE OF THE TOWNSHIP OF LAKEWOOD, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING ARTICLE Il (DEFINITIONS), SECTION 18-200-B (DEFINITION OF TERMS) AND ARTICLE ill (DESIGN STANDARDS), SECTION 18-807 (OFF-STREET PARKING, LOADING AND CIRCULATION) OF GHAPTER XVIII, UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Township of Lakewood has adopted an Ordinance to regulate the nature and extent of the uses of land and of buildings and structures thereon for the purposes set forth in the Municipal Land Use Law N.J.S.A. 40:55D et seq., and to exercise the power to zone and regulate land development granted to municipalities of the State of New Jersey; and WHEREAS, the Township of Lakewood seeks to modify the Unified Development Ordinance to include provisions for the definition of attics and habitable attics and off- street parking therefor. NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Lakewood, County of Ocean, and State of New Jersey, that Chapter XVIII of the Unified Development Ordinance is amended and supplemented as follows: SECTION 1. Chapter XVIII of the Unified Development Ordinance of the Township of Lakewood, Article I! (Definitions), Section 18-200-B (Definition of Terms), shall be amended and supplemented by the addition of the following: eee Attic: The unfinished space between the ceiling assembly and the roof assembly. Attic, Habitable: An attic that has a stairway as a means of access and egress and in which the ceiling area at a height of seven feet above the attic floor is not more than one-third the area of the next floor below. eK SECTION 2. Chapter XVIII of the Unified Development Ordinance of the Township of Lakewood, Article VIIl (Design Standards), Section 18-807-A (Off-Street Parking, Loading and Circulation) shall be amended and supplemented by the addition of the following: A Minimum Standards. Off-street parking space, together with appropriate access thereto, shall be provided in accordance with the following minimum standards: 1 Residential developments shall provide parking in accordance with the requirements of the Residential Site Improvement Standards for single-family OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 8 of 8 Trans ID: LCV2017703876 detached dwellings with up to five (5) bedrooms. The parking requirements for single- family detached dwellings with six (6) or more bedrooms shall be as follows: 6 Bedroom — 3.5 (4 spaces) 7 Bedroom — 4.0 (4 spaces) 8 Bedroom — 4.5 (4 spaces) 9 Bedroom ~ 5.0 (5 spaces) 10 Bedroom — 5.5 (5 spaces) Note: Basements shall be considered two (2) bedrooms in determining the number of bedrooms in a dwelling: and Habitable Attics shall be considered one (1) bedroom in determining the number of bedrooms in a dwelling. SECTION 3. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION 4. If any section, subsection, paragraph, sentence or any part of this. Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance not directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. This ordinance shall take effect immediately upon final passage and publication as required by law. NOTICE PUBLIC NOTICE is hereby given that the foregoing ordinance was introduced at a meeting of the Township Committee of the Township of Lakewood, in the County of Ocean and State of New Jersey on the 13" day of July, 2017, and was then read for the first time. The said Ordinance will be further considered for final passage by the Township Committee in the Town Hall at 7:30 p.m. on November 8, 2017. At such time and place or any time or place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance. Kathryn Hutchinson, RMC Township Clerk OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 1 of 2 Trans ID: LCV2017703876 Appendix XTJ-B1 agen CIvIL CASE INFORMATION STATEMENT PAYMENT TYPE: Lick Lles LIca (OR COP (CIS) CHG/CK NO. G 3 alea Use for initial Law Division AMOUNT: ooo} BIS / %eoS eh! is Civil Part pieadings (not motions) under Rule 4:5-1 Pleading will be rejected for filing, under Rule 1:5-6(c), OVERPAYMENT: oe if information above the black bar is not completed or attorney’s signature is not affixed BATCH NUMBER: ATTORNEY /PRO SE NAME TELEPHONE NUMBER COUNTY OF VENUE Paul H. Schneider, Esq./Afiyfa H. Ellington, Esq. (732) 219-5487 Ocean FIRM NAME (if applicable) DOCKET NUMBER (when available) Giordano, Halleran & Ciesla, P.C. OFFICE ADDRESS DOCUMENT TYPE 125 Haif Mile Road, Suite 300 Complaint Red Bank, New Jersey 07701 JURY DEMAND O Yes No NAME OF PARTY (eg., John Doe, Plaintiff) CAPTION New Jersey Shore Builders New Jersey Shore Builders Association v. Township of Lakewood and Association Township Committee of Township of Lakewood CASE TYPE NUMBER HURRICANE SANDY (See reverse side for listing) RELATED? |S THIS A PROFESSIONAL MALPRACTICE CASE? O Yes Hho 701 O Yes No IF YOU HAVE CHECKED “YES,” SEE N.J.S.A. 24:53 A -27 AND APPLICABLE CASE LAW REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT. RELATED CASES PENDING? IF YES, LIST DOCKET NUMBERS O Yes HNo DO YOU ANTICIPATE ADDING ANY PARTIES NAME OF DEFENDANT'S PRIMARY INSURANCE COMPANY (if known) {arising out of same transaction or occurrence)? N/A O None O Yes No 1 Unknown me ale ule aa ten eke Maes merOM M18) bie] 8] eee eeRAZ le) =e CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION DO PARTIES HAVE A CURRENT, PAST OR IF YES, IS THAT RELATIONSHIP: RECURRENT RELATIONSHIP? CO EMPLOYER/EMPLOYEE CO FRIEND/NEIGHBOR OO OTneR (explain) O Yes No 1 Famiuiac C1 Business DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING PARTY? OD Yes QO No USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR ACCELERATED DISPOSITION Id. Do You OR YOUR CLIENT NEED ANY DISABILITY ACCOMMODATIONS? O Yes No WILL AN INTERPRETER BE NEEDED? IF YES, PLEASE IDENTIFY THE REQUESTED ACCOMMODATION IF YES, FOR WHAT LANGUAGE? O Yes No \ certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submittgd-in the future in accordance with Rule 1:38-7(b). ATTORNEY SIGNATURE: Effective 06/05/2017, CN 10517 page 1 of 2 OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 2 of 2 Trans ID: LCV2017703876 Sits (94 CIVIL CASE INFORMATION STATEMENT aa (CIS) Use for initial pleadings (not motions) under Rule 4:5-1 CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.) Track | - 150 days’ discovery 151 NAME CHANGE 4175 FORFEITURE 302 TENANCY 399 REAL PROPERTY (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction) 502 BOOK ACCOUNT (debt collection matters only) 505 OTHER INSURANCE CLAIM (including declaratory judgment actions) 506 PIP COVERAGE 510 UM or UIM CLAIM (coverage issues only) 511 ACTION ON NEGOTIABLE INSTRUMENT 512 LEMON LAW 801 SUMMARY ACTION 802 OPEN PUBLIC RECORDS ACT (summary action) 999 OTHER (briefly describe nature of action) Track li - 300 days’ discovery 305 CONSTRUCTION 508 EMPLOYMENT (other than CEPA or LAD) 599 CONTRACT/COMMERCIAL TRANSACTION 603N AUTO NEGLIGENCE ~ PERSONAL INJURY (non-verbal threshold) 603Y AUTO NEGLIGENCE — PERSONAL INJURY (verbal threshold) 605 PERSONAL INJURY 610 AUTO NEGLIGENCE - PROPERTY DAMAGE 621 UM or UIM CLAIM {includes bodily injury) 6399 TORT — OTHER Track Ill - 450 days' discovery 005 CIVIL RIGHTS: 301 CONDEMNATION 602 ASSAULT AND BATTERY 604 MEDICAL MALPRACTICE 606 PRODUCT LIABILITY 607 PROFESSIONAL MALPRACTICE 608 TOXIC TORT 609 DEFAMATION 616 WHISTLEBLOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES. 617 INVERSE CONDEMNATION 618 LAW AGAINST DISCRIMINATION (LAD) CASES Track IV - Active Case Management by individual Judge / 450 days' discovery 156 ENVIRONMENTALV/ENVIRONMENTAL COVERAGE LITIGATION 303 MT. LAUREL. 508 COMPLEX COMMERCIAL 513 MPLEX CONSTRUCTION 514 INSURANCE FRAUD 620 FALSE CLAIMS ACT 701 ACTIONS IN LIEU OF PREROGATIVE WRITS Multicounty Litigation (Track 1V) 271 ACCUTANE/SOTRETINOIN 292 PELVIC MESH/BARD 274 RISPERDAL/ISEROQUEL/ZYPREXA 293 DEPUY ASR HIP IMPLANT LITIGATION 281 BRISTOL-MYERS SQUIBB ENVIRONMENTAL, 295 ALLODERM REGENERATIVE TISSUE MATRIX 282 FOSAMAX 296 STRYKER REJUVENATE/ABG I] MODULAR HIP STEM COMPONENTS. 285 STRYKER TRIDENT HIP IMPLANTS 297 MIRENA CONTRACEPTIVE DEVICE 286 LEV) 298 OLMESARTAN MEDOXOMIL MEDICATIONS/BENICAR 287 YAZNASMINIOCELLA 300 TALC-BASED BODY POWDERS 289 REGLAN ASBESTOS: 290 POMPTON LAKES ENVIRONMENTAL LITIGATION 623 PROPECIA 291 PELVIC MESH/GYNECARE STRYKER LFIT CoCr V40 FEMORAL HEADS If you believe this case requires a track other than that provided above, please indicate the reason on Side 1, in the space under "Case Characteristics. Please check off each applicable category © Putative Class Action LH Title 59 Effective 06/05/2017, CN 10517 page2 of 2 OCN-L-003482-17 12/26/2017 2:55:14 PM Pg 1 of 1 Trans ID: LCV2017703876 Civil Case Information Statement Case Details: OCEAN | Civil Part Docket# L-003482-17 Case Caption: NEW JERSEY SHORE BUI LDERS ASS _ VS. Case Type: ACTIONS IN LIEU OF PREROGATIVE WRITS TOWNSHIP OF LA Document Type: Complaint Case Initiation Date: 12/26/2017 Jury Demand: NONE Attorney Name: PAUL H SCHNEIDER: Hurricane Sandy related? NO Firm Name: GIORDANO HALLERAN & CIESLA, PC Is this a professional malpractice case? NO Address: 125 HALF MILE ROAD SUITE 300 Related cases pending: NO RED BANK NJ 07701 If yes, list docket numbers: Phone: Do you anticipate adding any parties (arising out of same Name of Party: PLAINTIFF : NEW JERSEY SHORE transaction or occurrence)? NO BUILDERS ASSN Name of Defendant's Primary Insurance Company (if known): None THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: | certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 12/26/2017 /s/ PAUL H SCHNEIDER Dated Signed