[HISTORY: Adopted by the Township Committee
of the Township of Manalapan by Ord. No. 94-23. Amendments noted where applicable.]
Attachment 1 - Irrevocable Standby Letter of Credit
Attachment 2 - Schedules of Area, Yard and Building RequirementsAttachment 3 - Schedule of Yard Requirements for Parking and LoadingAttachment 4 - Schedule of Minimum Required Buffer AreasAttachment 5 - Schedules of Permitted UsesAttachment 6 - Schedule A, Sign RegulationsAttachment 7 - Documents Required to be SubmittedAttachment 8 - Illustrations, Details and Drawings
Attachment 2 - Schedules of Area, Yard and Building RequirementsAttachment 3 - Schedule of Yard Requirements for Parking and LoadingAttachment 4 - Schedule of Minimum Required Buffer AreasAttachment 5 - Schedules of Permitted UsesAttachment 6 - Schedule A, Sign RegulationsAttachment 7 - Documents Required to be SubmittedAttachment 8 - Illustrations, Details and Drawings
This chapter shall be known and may be cited
as the "Development Regulations of the Township of Manalapan."
The purpose of this chapter is to exercise the
authority delegated to municipalities under N.J.S.A. 40:55D-1 et seq.
to regulate development and to promote good planning practice. The
chapter intent is:
A.
To guide the appropriate use or development of all
lands in the Township, in a manner which will promote the public health,
safety, morals, and general welfare;
B.
To secure safety from fire, flood, panic and other
natural and man-made disasters;
C.
To provide adequate light, air and open space;
D.
To ensure that the development of the Township does
not conflict with the development and general welfare of neighboring
municipalities, the county and the state as a whole;
E.
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and preservation
of the environment;
F.
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies;
G.
To provide sufficient space in appropriate locations
for a variety of residential, recreational, commercial uses and open
space, both public and private, according to their respective environmental
requirements in order to meet the needs of all New Jersey citizens;
H.
To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which result in congestion
or blight;
I.
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements;
J.
To promote the conservation of historic sites and
districts, open space, energy resources and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land;
K.
To encourage coordination of the various public and
private procedures and activities shaping land development with a
view of lessening the cost of such development and to the more efficient
use of land;
L.
To promote utilization of renewable energy sources;
M.
To promote the maximum practicable recovery and recycling
of recyclable materials from municipal solid waste;
N.
To encourage senior citizen community housing construction;
O.
To encourage planned developments which incorporate
the best features of design and relate the type, design, and layout
of residential, commercial, industrial, and recreational development
of the particular site.
Unless otherwise expressly stated, the following
terms shall, for the purposes of this chapter, have the meaning herein
indicated.
Wherever a term is defined in N.J.S.A. 40:55D-1
et seq., the Municipal Land Use Law, and/or in N.J.S.A. 52:27D-119
et seq., the Uniform Construction Code, and used in this article,
such term is intended to include and have the meaning set forth in
the definition of such term found in said statute and code in addition
to the definition for such term which may be included in this article,
unless the context clearly indicates a different meaning.
For the purpose of this chapter, certain terms
or words used herein shall be interpreted or defined as follows:
A.
Word usage.
(1)
Words used in the present tense include the future;
(2)
The singular number includes the plural and the plural,
the singular.
(3)
The word "lot" includes the word "plot."
(4)
The word building includes the word "structure."
(5)
The word "zone" includes the word "district."
(6)
The word "occupied" includes the phrase "intended
to be occupied."
(7)
The word "shall" is mandatory and not directory.
(8)
The word "may" indicates a permissive action.
(9)
The word "abut" shall include the words "directly
across from," "adjacent" and "next to."
(10)
The word "used" shall includes "arranged," "designed,"
"constructed," "altered," "converted," "rented," "leased" or "intended
to be used.
(11)
The term "such as," where used herein, shall
be considered as introducing typical or illustrative, rather than
an entirely exclusive or inclusive, designation of, permitted or prohibited
uses, activities, establishments or structures.
B.
Words or word groups which are not defined below shall
have the meaning set forth in the Municipal Land Use Law or the Uniform
Construction Code or as given in Webster's Unabridged Dictionary.
[Amended by Ord. No. 95-14; Ord. No. Ord. No. 95-29; Ord. No. 96-19; Ord. No. 97-13; Ord. No. 97-19; Ord. No. 98-03; Ord. No. 98-26; Ord. No. 98-32]
Certain words, phrases, and terms in this chapter
are defined for the purpose herein as follows:
A subordinate building, structure or use, the purpose of
which is incidental to that of a main building, structure or use on
the same lot.
The Zoning Officer of the Township or her designee, unless
a different municipal official or officials is intended or designated
by ordinance or statute.
[Amended 3-11-2015 by Ord. No. 2015-04]
The average number of cars per day that pass over a given
point.
An establishment devoted to sale, rental, or distribution
of pornographic books, magazines, pamphlets, photographs, motion pictures,
phonograph records and video and audio tapes devoted to the presentation,
and exploitation of illicit sex, lust, passion, depravity, violence,
brutality, nudity, immorality, and other obscene subjects, etc., used
in connection with the aforementioned purposes.[1]
A day-care facility for adults licensed by the State of New
Jersey Department of Health and Senior Services.
[Added 12-19-2012 by Ord. No. 2012-18]
Soils which may be corrosive to corrugated metal, concrete,
asbestos cement, cast-iron and ductile iron pipe. These soils represent
approximately 5% of the soils found within the United States and include
dump areas, swamps, marshes, alkaline soils, cinder beds, polluted
river bottoms, etc., which are considered to be potentially corrosive.
Any area of land or water or both, designed and set aside
for the landing and taking off of fixed wing aircraft, utilized or
to be utilized by the public for such purposes, publicly or privately
owned and licensed by the New Jersey Commissioner of Transportation
as a public use airport or landing strip, or a proposed facility for
which an application has been submitted in complete form pursuant
to N.J.A.C. 16:54-1.4 and which has been determined by the Commissioner
as likely to be so licensed within one year of such determination.
"Airport" shall not mean any facility which is owned and operated
by the Port Authority of New York and New Jersey or which is located
within the Port of New York District as defined in N.J.S.A. 32:1-3.
Any area of land or water, or both upon which an airport
hazard might be created or established if not prevented as provided
in the Air Safety and Zoning Act of 1983.
The traveled way by which cars enter and depart parking spaces.
A public or private street primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
As applied to a building or structure, a change or rearrangement
in the structural supports; or a change in the exterior appearance;
or a change in height, width or depth; or moving a building or structure
from one location or position to another on the same property; or
changing, adding to or removing from or otherwise affecting the exterior
appearance of a building or structure.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any place of business containing more than three amusement
devices.
Any machine, contrivance, or device, which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice, or
other openings, or by the payment of any price, is operated or may
be operated by the public generally for use as a game, entertainment,
or amusement, whether or not registering a score, and shall include
other types of electronically operated game devices, skillball, mechanical
games operations or transactions similar thereto, by whatever name
they may be called and shall not include pool or billiard tables.[2]
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.[3]
A dwelling unit in a multifamily building.
A developer submitting an application for development or
for a permit required in accordance with this chapter.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
The Municipal Planning Board unless a different agency is
designated by ordinance when acting pursuant to the authority of N.J.S.A.
40:55D-1 et seq.
The land in the floodplain within the community subject to
a one-percent or greater chance of flooding in any given year.
A building or portion thereof, in which sculpture, paintings,
or other artistic work is displayed but not for sale.
A facility manufacturing and/or assembling small products
primarily by hand such as jewelry, pottery, and other ceramics as
well as small glass, metal art and craft products. This use may include
an area for the retail sale of the items crafted on site.
[Added 12-19-2012 by Ord. No. 2012-18]
American Society of Civil Engineers.
American Society for Testing Materials.
An attic which has an approved stairway as a means of access
and egress and in which the ceiling area at a minimum height of 7 1/3
feet above the attic floor is not more than 1/3 the area of the next
floor below.
Any premises on which are held at periodic times, auction
or flea market sales of merchandise or any other personal property.
The same as motor vehicle repair garage.
The same as motor vehicle repair garage.
A place of business where the primary purpose is the sale
of new and used motor vehicles, having a building with either showrooms,
office space, repair and/or maintenance facilities with or without
outside sales on the same business premises or immediately adjacent
thereto.
The same as motor vehicle service station.
Any area and/or structure used or intended to be used for
the conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, cordage or any
used or disabled fixtures, vehicles or equipment of any kind.
American Water Works Association.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
A steep-faced curb intended to prevent encroachments.
A story partly underground and having more than 1/2 of its
cubic volume above the average level of the finished grade. A basement
shall be considered a story for the purpose of determining the number
of stories.
A room or portion of a structure with the principal function
of serving as sleeping quarters.
A type of solid granite paving stone generally cut in a three
dimensional rectangular shape, laid with the base of the rectangle
down in a bedding of 4,500 psi air-entrained concrete.
A mound of soil, either natural or man-made used as a view
obstruction.
A road designed to accommodate the shared use of the roadway
by bicycles and motor vehicles.
A lane at the edge of a roadway reserved and marked for the
exclusive use of bicycles.
A pathway usually separated from the roadway, designed specifically
to satisfy the physical requirements of bicycling.
A pathway designed to be used by bikers.
A structure utilized for advertising an establishment, an
activity, a product, a service or entertainment, which is sold, produced,
manufactured, available or furnished at a place other than on the
property on which the sign is located.
The length of a street between two street intersections.
A valved outlet in a pipe through which water or sediment
can be discharged.
The Board established pursuant to N.J.S.A. 40:55D-69 and
this chapter. The term "Board of Adjustment" as used in this chapter
also means the Planning Board when it is acting pursuant to N.J.S.A.
40:55D-60.
The licensed New Jersey professional engineer specifically
retained by the Board of Adjustment (or assigned by the Municipal
Engineer with the consent of the Board) to render engineering services
and advice to the Board. In the absence of the specific appointment
of the Board of Adjustment Engineer, the Municipal Engineer may assume
the duties of the office.
Any dwelling in which more than three persons unrelated by
family are housed or lodged for hire, with or without meals.
An open space area within a property or site, generally adjacent
to and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to continuously limit view of and/or sound
from the site to adjacent sites or properties.
That central portion of any lot between required yards and/or
setback lines.
A combination of materials to form a construction, having
a roof and adapted to permanent, temporary, or continuous occupancy.
The total of areas determined from outside dimensions on
a horizontal plane at ground level of all enclosed and roofed spaces
of the principal building and all accessory buildings.
The area of a tract covered by buildings and roofed areas.
Building coverage is expressed as a percentage of the total lot area.
For residential dwellings only, a screened porch may be omitted as
building coverage.
A building for community service such as emergency medical
or fire protection or for civic, social, educational, cultural or
recreational activities of a neighborhood or community not operated
primarily for monetary gain.
The vertical dimension measured to the highest point of a building (subject to the exceptions in § 95-7.12) from the proposed average lot grade immediately adjacent to the building wall as shown on the grading plan of a site plan application, subdivision application, or variance application that has been approved by the appropriate municipal agency (Township Planning Board or Township Zoning Board of Adjustment) or plot plan submitted for a building permit. Such finished grade shall meet the requirements of § 95-8.3 and shall not include mounding, terracing, or other devices designed to allow increased building height. When a rear walk-out basement is proposed conforming to § 95-8.3C(4), the proposed lot grade immediately adjacent to the rear building wall shall not be included in the calculation used to determine average lot grade.
[Amended 12-19-2007 by Ord. No. 07-30]
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
Materials that can be arranged, united, or joined to support,
frame, enclose, sheath, or be otherwise fashioned into a building
or structure. Such materials include, but are not limited to, rough
or dressed lumber, millwork, roofing, shingles, wallboard, molding,
plywood, sheetrock, bricks, doors, windows, paneling, or concrete
block.
A permit used for the alteration or erection of a building
or structure in accordance with the provisions of the Uniform Construction
Code.[4]
A structure in which is conducted the principal use of the
site on which it is situated. In any district, any dwelling shall
be deemed to be a principal building on the lot on which it is located.
The stockpiling or warehousing of materials, which may or
may not be enclosed within a structure, including, but not limited
to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation, agricultural and horticultural supplies
and products.
A business establishment which does not offer a product or
merchandise for sale to the public, but offers or provides a service,
primarily administrative or clerical in nature. Business offices are
all those offices which are not professional or medical offices and
includes but is not limited to the following:
Insurance companies.
Trade associations.
Real estate companies.
Investment brokerage houses.
Banks and trust companies.
Advertising or public relations agencies.
Computer and data processing.
Management and consulting services.
Adjustment and collecting services.
Consumer credit reporting agencies.
An establishment that provides services as a principal use
to other businesses such as blueprinting, copying, and quick printing
services; computer-related services; and repair services for computers,
electronics, and similar types of office business equipment.
[Added 12-19-2012 by Ord. No. 2012-18]
A cable television company as defined pursuant to Section
3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to four inches in diameter and measured
12 inches above ground level for trees over four inches in diameter.
A proposed schedule of all future Township sponsored projects
listed in order of construction priority, together with cost estimates
and the anticipated means of financing each project.
A governmental acquisition of real property or major construction
project.
A completed potable water supply and/or sewerage system put
in place for future use, rather than to meet immediate development
needs.
A covering or roof to allow the parking of automobiles underneath.
With the exception of supports, the carport shall have no sides unless
such sides are the exterior wall of an adjacent building.
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
A facility for the washing and cleaning of automobiles and
other motor vehicles using production line methods with a conveyor,
blower and other mechanical devices and/or providing space, material
and equipment to individuals for self-service washing and cleaning
of automobiles.
A story wholly or partly underground and having less than
1/2 of its cubic volume above the average level of the adjoining ground.
A cellar shall not be considered a story for the purpose of determining
the number of stories.
The gap between the center line of roads adjoining a common
road from opposite or same sides.
A certificate issued by the Administrative Officer after
all required submissions have been made in proper form, certifying
that an application for development is complete.
A document issued by the Zoning Officer for a nonconforming
use or structure existing at the time of passage of the zoning ordinance
or any amendment thereto which, pursuant to N.J.S.A. 40:55-48, may
be continued upon the lot or in the building so occupied. Such certificate
may be obtained at the owner's request upon any change of ownership
for nonconforming use, structure or lot.
A certificate issued upon completion of construction and/or
alteration of any building; or change in use of any building; or change
in occupancy of a nonresidential building. The certificate shall acknowledge
compliance with all requirements of this chapter, such adjustments
thereto granted by the Board of Adjustment or Planning Board and/or
all other applicable requirements.
Any increase in the number of dwelling units.
Any change from a residential use to any nonresidential
use.
Any change from one nonresidential use to another
nonresidential use, except that where there is a change in occupancy,
or change of ownership only, no change in use will have occurred.
Any change from a nonresidential use to a nonresidential
use of higher intensity.
Any change in use from any existing or permitted
use to any conditional use.
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
A facility which provides care for children, licensed by
the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A.
30:5B-1 et seq.).
See "place of worship."
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highway, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Added 7-14-2021 by Ord.
No. 2021-11]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 7-14-2021 by Ord.
No. 2021-11]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 7-14-2021 by Ord.
No. 2021-11]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
[Added 7-14-2021 by Ord.
No. 2021-11]
The premises at which cannabis items are retailed, which
may include purchase orders for off-premises delivery by a certified
cannabis handler working for or on behalf of the cannabis retailer,
or consumer purchases to be fulfilled from the retail premises that
are presented by a cannabis delivery service with a Class 6 cannabis
delivery service license and which will be delivered by the cannabis
delivery service to that consumer. The sale of anything, except cannabis,
as well as the service and sale of food are strictly prohibited.
[Added 7-14-2021 by Ord.
No. 2021-11]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
[Added 7-14-2021 by Ord.
No. 2021-11]
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
A farm with over 25 hogs.
The same as "parking area, public.: Also see "garage," "public
and vertical parking garage."
An integrated development planned, constructed, and operated
as a single unit, consisting of such uses as retail stores and shops,
personal service establishments, professional and business offices,
banks, post offices, and auditoriums, housed in an enclosed building
or buildings and utilizing such common facilities as customer parking,
pedestrian walkways, truck loading and unloading space, utilities,
and sanitary facilities.
A line within a tract or lot which designates the extent
of a proposed development or improvements, separate developments within
a single tract, or separate stages of development within the tract.
Proposed improvements within a tract or site plan shall be shown for
the entire tract, on both sides of any common development line.
A lateral serving more than one unit.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Any community residential facility housing up to 16 developmentally
disabled persons which provides food, shelter, and personal guidance
for developmentally disabled persons who require assistance, temporarily
or permanently, in order to live independently in the community. Such
residences shall not be considered health care facilities within the
meaning of the Health Care Facilities Planning Act, P.L. 1977, c.
136 (N.J.S.A. 26:2H-1 et seq.) and shall include, but not be limited
to, group homes, halfway houses, supervised apartment living arrangements
and hotels.
An application for development which complies in all respects
with the appropriate submission requirements set forth in this chapter,
including an application form and fees and escrows completed as specified
by this chapter and the rules and regulations of the municipal agency,
and all accompanying documents required by ordinance for approval
of the application for development, including where applicable, but
not limited to, a site plan or subdivision plat, provided that the
municipal agency may require such additional information not specified
in this chapter, or any revisions in the accompanying documents, as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the municipal agency. An application shall
be certified as complete immediately upon the meeting of all requirements
specified in this chapter and in the rules and regulations of the
municipal agency, and shall be deemed complete as of the day it is
so certified by the Administrative Officer for purposes of the commencement
of the time period for action by the municipal agency.
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
thereof by the Planning Board and/or Board of Adjustment to N.J.S.A.
40:55D-70d.
An ownership arrangement, not a land use; therefore, it is
allowed in any zone and under the same restrictions as the residential
land uses that it comprises. A condominium shall not negate lot nor
other requirements intended to provide adequate light, air, and privacy.
A condominium is a dwelling unit which has all of the following characteristics:
The unit (the interior and associated exterior
areas designated for private use in the development plan) is owned
by the occupant.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space
and any community interior spaces are owned and maintained in accordance
with the provisions for open space, roads, or other development features
as specified in this chapter.
An easement to protect and conserve natural resources, landmarks,
or other significant site features, including, but not limited to,
wetlands, stream corridors, specimen trees, and steep slopes. The
easement must be approved by the appropriate municipal agency and
incorporated into the deed for the parcel containing the easement.
Provisions for the maintenance and/or dedication of an approved conservation
easement shall be determined at the time of approval.
A designated location operated by a licensed cannabis retailer,
for which both a state and local endorsement has been obtained, that
is either: 1) an indoor, structurally enclosed area of the cannabis
retailer or permit holder that is separate from the area in which
retail sales of cannabis items or the dispensing of medical cannabis
occurs; or 2) an exterior structure on the same premises as the cannabis
retailer, either separate from or connected to the cannabis retailer,
at which cannabis items obtained from the retailer, or brought by
a person to the consumption area, may be consumed.
[Added 7-14-2021 by Ord.
No. 2021-11]
A use which shall contain at least 150 sleeping rooms, each
having its own bathroom but no cooking facilities. Such use shall
also contain meeting rooms, office and temporary office space and
restaurants, and further provided that in no event shall such supporting
uses (restaurants, office space, banquet facilities and meeting rooms)
be less than 1/3 of the total floor area of the structure of structures
comprising convention center use.
Development other than planned development as defined herein.
A valve which is placed in a building's water or gas service
pipe outside of the cartway near its junction with the public water
or gas main. It is also known as a corporation cock.
A facility for golf, tennis and related recreational uses
which may include a club house, restaurant, lounge, bar and incidental
lodging for members or guests.
A composite of the comprehensive plan or master plan for
the physical development of Monmouth County with the accompanying
maps, plats, charts, and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
The Planning Board of the County of Monmouth as defined in
N.J.S.A. 40:27-6.1.
An unoccupied open space on the same lot with a building,
which is bounded on three or more sides by building walls.
A single family dwelling unit attached to other court homes
only by garages, lanais, trellises, or fences all of which are grouped
around a central motor court serving not more than five such units.
The same as lot coverage.
Site features or characteristics having limited suitability
for development or disturbance. The following shall be considered
critical areas: floodways; areas of special flood hazard; wetlands
and their required transition areas; slope areas where the inclination
of the lands surface from the horizontal is 15% or greater over a
ten-foot interval; and stream corridors.
A structure designed to convey a water course not incorporated
in a closed drainage system under a road or pedestrian walk.
A local street with only one outlet and having the other
end for the reversal of traffic movement using a right hand tangent
circular cartway.
A vertical or sloping edge of a roadway. See also "Belgian
block curb," "barrier curb," and "mountable curb."
The officially established grade of the curb in front of
the midpoint of the front lot line.
Supportive or protective bedding materials placed underneath
piping.
A facility intended to house data and communication equipment
such as servers for computers and data processing, off-site redundant
data storage for corporations, and Internet service firms.
[Added 9-12-2012 by Ord. No. 2012-11]
Calendar day(s).
A licensed, organized and supervised day-time facility used
for recreational purposes.
The same as "child-care center."
The permitted number of dwelling units per gross area of
land to be developed.
The relative size or magnitude of a major flood of reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area, and the water surface elevations.
Standards that provide direction for sound planning.
A temporary water impoundment made by constructing a dam
or embankment by excavating a pit or dugout to collect surface water
in order to impede its flow and to release the same gradually at a
rate not greater than that prior to the development of the property,
into natural or man-made outlets and maintain or improve predevelopment
water quality.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension or use of
land, for which permission may be required pursuant to N.J.S.A. 40:55D-1
et seq. and this chapter.
Experiencing a disability which originates before 18 years
of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap, and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism, or other
conditions found by the Commissioner of Human Services to give rise
to an extended need for similar services.
See "zoning permit."
[Amended 5-25-2005 by Ord. No. 2005-16]
This chapter, official map ordinance, or other municipal
regulation of the use and development of land, or amendment thereto
adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
See "electronic sign."
[Added 9-10-2014 by Ord. No. 2014-11]
See "electronic sign."
[Added 9-10-2014 by Ord. No. 2014-11]
Any part of the territory of the Township which is designated
as a zone on the Official Zoning Map (on file in the Township Clerk's
office) and to which certain uniform regulations and requirements
of this chapter apply.
The removal of surface water or groundwater from land by
subsurface drains, piping, conduits, structures, and culverts, grading
or other means and includes control of runoff during and after construction
or development to minimize erosion and sedimentation, to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, to lessen nonpoint
pollution to maintain the integrity of stream channels for their biological
functions as well as for drainage and the means necessary for water
supply preservation or prevention or alleviation of flooding.
Any component of the drainage system.
The lands required for the installation of drainage or drainage
ditches, or required along a natural stream or watercourse for preserving
the channel and providing for the flow of water therein to safeguard
the public against flood damage in accordance with N.J.S.A. 58:1 et
seq.,[5] State Water Policy Commission.
The system through which water flows from the land, including
all watercourses, water bodies and wetlands.
The same as "restaurant, drive-in."
A paved or unpaved area used for ingress or egress of vehicles,
and allowing access from a street to a building or other structure
or facility.
See "capped system."
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
A building designed for, or containing three or more dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, unpierced, except for access to outside or a
common cellar.
A building designed for, or containing three or more dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, unpierced, except for access to outside or a
common cellar.
A building or part thereof having cooking, sleeping, and
sanitary facilities designed for, or occupied by one family, and which
is entirely separated from any other dwelling unit in the building
by vertical walls, or horizontal floors, unpierced, except for access
to the outside or a common cellar.
A detached building designed for or containing one dwelling
unit.
A detached building designed for, or containing two dwelling
units, which are entirely separated from each other except for access
to the outside or to a common cellar.
A right-of-way granted for limited use of private land for
a public or quasi-public purpose and within which the owner of the
property shall not erect any permanent structures.
The lower border of a roof that joins or overhangs the wall.
Public, parochial or private elementary or secondary schools,
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the state.
Summer day camps shall not be considered as educational uses or accessories
to such uses. Duly accredited colleges and universities shall also
be considered educational uses.
A sign or portion of a sign, that displays an electronic
image or video, which may or may not include text. Electronic display
screens include television screens, plasma screens, digital screens,
flat screens, LED screens, video boards, holographic displays, and/or
technologies of a similar nature.
[Added 9-10-2014 by Ord. No. 2014-11]
Any sign or portion of a sign that uses changing lights to
form a sign where the graphic content of the sign is electronically
programmed and can be modified by electronic processes.
[Added 9-10-2014 by Ord. No. 2014-11]
A sign that can be electronically or mechanically changed
by remote or automatic means and which may or may not contain an electronic
display screen or an electronic message center.
[Added 9-10-2014 by Ord. No. 2014-11]
The giving of money and/or services to a charitable or philanthropic
organization.
The Municipal Environmental Commission, a municipal advisory
body, created pursuant to N.J.S.A. 40:56A-1 et seq.[6]
Features, natural resources, or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.
For the purposes of this chapter, a compilation of studies,
reports, documents and finding of fact prepared by an applicant as
part of and for a development application.
Those areas of the Township which are particularly susceptible
to environmental damage or permanent change as a consequence of land
use or development. Such areas include:
Local and regional aquifers (recharge and discharge
areas);
Hydric soils;
Steep slopes;
Unsewered areas unsuitable or having limited
suitability for septic systems including the Navesink, Hornerstown,
and Marshalltown formations;
Wooded and semiwooded areas;
Historic or aesthetically valuable sites;
Freshwater wetlands, and wetland transition
areas as defined by N.J.S.A. 13:9B-1 et seq;
Stream corridors;
Floodways and areas of special flood hazard;
Watersheds of public water supply;
Category one watersheds designated by the NJDEP;
Habitats of threatened or endangered species.
The detachment and movement of soil or rock fragments by
water, wind, ice, and/or gravity.
A deed, bond, money or a piece of property delivered to a
third person to be delivered by him to the grantee only upon fulfillment
of a condition.
Underground gas, electrical, telephone, telegraph, sanitary
sewer collection systems, or water transmission or distribution systems,
including mains, drains, sewers, pipes, conduits, cables, and normal
aboveground appurtenances such as fire alarm boxes, police call boxes,
light standards, poles, traffic signals, and hydrants, and other similar
equipment and accessories in connection therewith, reasonably necessary
for the furnishing of adequate service by public utilities or municipal
or other governmental agencies for the public health or safety or
general welfare. Essential services shall not be deemed to include
wireless telecommunications towers and antennas.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The excavation, removal, replacement, repair, construction,
or other disturbance of any portion of the public improvements within
a public street or drainage right-of-way. These public improvements
include but are not limited to curb, sidewalk, driveway, and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guardrails,
or any other public improvement existing within the public right-of-way.
For the purposes of this chapter, that work which is being performed
outside of the public right-of-way, but which requires the storage
of materials or the operation of equipment within the public right-of-way,
in such a manner as may cause damage, will also be deemed excavation
work. Excavation work shall also include the construction, addition,
installation, or other provision of the whole or portions of the improvements
within a public street, drainage right-of-way or other public way
or public grounds by persons other than those exempted from the provisions
of this chapter including privately sponsored construction of curbing,
sidewalks, pavement extensions, aprons, drainage or any other portions
of the public improvements.
That site plan and/or subdivision approval shall not be required
prior to issuance of a development permit for the following:
Construction, additions, or alterations related
to single-family or two-family detached dwellings or their accessory
structures on individual lots.
Any change in occupancy which is not a change
in use (as herein defined).
Individual applications for accessory mechanical
or electrical equipment, whose operation and location conforms to
the design and performance standards of this chapter, and whose installation
is on a site already occupied by an active principal use for which
site plan approval is not otherwise required.
Sign(s) which installation is on a site already
occupied by a principal use for which site plan approval is not otherwise
required and provided such sign(s) conform to the applicable design
and zoning district regulations of this chapter.
Construction or installation of essential services.
Division of property and conveyances so as to
combine existing lots, which are not considered to be subdivisions
in accordance with the definition of "subdivision" contained within
this section.
Demolition of any structure or building not
listed on the State or National Register of Historic Places or identified
as a historic site on the Master Plan, provided that the demolition
does not involve changes to the site outside the limits of the structure
or building nor does it create any nonconformity.
Farm stands as defined in this chapter and which meet the requirements set forth in § 95-7.35.
A logo which occupies no greater than 20% of a sign face
as authorized by these regulations.
The Federal Aviation Administration.
One or more persons living together as a single entity or
nonprofit housekeeping unit, as distinguished from individuals or
groups occupying a hotel, club, fraternity or sorority house. The
family shall be deemed to include necessary servants when servants
share the common housekeeping facilities and services.
See definition under § 95-7.48, Right to Farm.
[Amended 10-13-2010 by Ord. No. 2010-16]
See definition under § 95-7.48, Right to Farm.
[Amended 10-13-2010 by Ord. No. 2010-16]
See definition under § 95-7.48, Right to Farm.
[Amended 10-13-2010 by Ord. No. 2010-16]
The Federal Communications Commission.
A structure constructed of wood, masonry, stone, wire, metal
or any other manufactured material or combination of materials serving
as an enclosure, barrier, or boundary.
A fence in which 2/3 of the area, between grade level and
the top cross member (wire, wood or other material), is open.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of the site plan or subdivision
which is presented to the Planning Board for final approval in accordance
with the provisions of this chapter, State of New Jersey Map Filing
Law, and when approved shall be filed with the proper county office.
A facility such as a fitness center, gymnasium, health or
athletic club, which provides training and/or equipment for aerobic
exercise, running and jogging, game courts, and similar activities.
[Added 9-12-2012 by Ord. No. 2012-11]
A roof having a continuous horizontal surface with a minimal
pitch and arranged to be essentially parallel to the floor plane.
A building occupied by two or more uses permitted in the
zone and/or two or more of the following uses: contractor's offices
and shops; establishments for production, processing, assembly, manufacturing,
compounding, preparation, cleaning, servicing, testing, or repair
of materials, goods or products, provided such activities or materials
create no hazard from fire or explosion, or produce toxic or corrosive
fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration,
glare, flashes, or objectionable effluent; and offices. Flex space
shall not include warehouse or distribution center uses.
[Added 9-12-2012 by Ord. No. 2012-11; amended 5-11-2022 by Ord. No. 2022-07]
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
That portion of the floodplain not designated as the floodway.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and risk premium
zones applicable to the community.
The official report in which the Federal Insurance Administration
has provided flood profiles as well as the Flood Hazard Boundary Floodway
Map and the water surface elevation of the base flood.
The relatively flat area adjoining any natural or man-made
stream, pond, lake, river, or any other body of water which has been
or may be hereafter covered by the floodwater.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
A story of a building.
The sum of the gross areas of the floor or floors of a building
or structure including parking levels, basements and cellars, measured
between the inside faces of exterior walls or from the center line
of walls common to two structures or uses. For the purpose of determining
required parking, enclosed parking levels will not be considered floor
area. In addition, the floor area of basements or cellars will be
used to determine parking only where a ceiling height of seven feet
or greater is used.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The sum of the gross horizontal areas of the floor or several
floors of a commercial building which are used for display of merchandise
to the general public and including any areas occupied by counters,
showcases, or display racks, and any aisles, entranceways, arcades,
or other such public areas.
The cleaning out of debris and sediment from pipes by force
of moving liquid, usually water.
A funeral home or mortuary operated by a licensed mortician
in accordance with N.J.S.A. 27:23-1 et seq.[7] A funeral home or mortuary shall not be considered a professional
office.
A detached accessory building or portion of a main building
for the parking or temporary storage of automobiles of the occupants
of the main building to which the garage is accessory.
An enclosed building used as an accessory to the main building
which provides for the storage of motor vehicles and in which no occupation,
business, or service for profit is carried on.
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles for profit,
including any sale of motor vehicle accessories, or where any such
vehicles are kept for hire. The rental of storage space for more than
two motor vehicles not owned by occupants of the premises shall be
deemed a public garage.
The same as motor vehicle service station.
A comprehensive plan for the development of a planned development.
A shape characterized as being either a circle, a semicircle,
an ellipse, a parallelogram or a trapezoid.
An area of 50 or more contiguous acres containing a full
size professional golf course, at least nine holes in length, together
with the necessary and usual accessory uses and structures such as,
but not limited to, clubhouse facilities, dining and refreshment facilities,
swimming pools, tennis courts, and the like, provided that the operation
of such facilities is incidental and subordinated to the operation
of a golf course.
A planned development of one or more contiguous parcels of
land having a total gross land area of 350 or more acres inclusive
of wetlands, flood hazard areas, stream corridors, hydric soils, and
steep slope areas, under common ownership or control, which is to
be developed with combined recreational and residential uses which
shall provide and be limited to residential dwelling units in detached,
semidetached, attached, groups of attached or clustered structures,
or any combination thereof, and developed in conjunction with certain
specified recreational entities including golf courses, and related
golf course or country club and club house facilities, which shall
be designed to maximize the preservation of recreational area, open
space and the environment.
The Township Committee of Manalapan.
The existing undisturbed elevation of land, ground, and topography
preexisting or existing on a lot, parcel or tract of land at the time
of the adoption of this chapter.
The completed surface of lawns, walks and roads brought to
grade(s) as shown on official plans or designs relating thereto or
as existing if no plans or designs have been approved.
All words, letters, numbers, symbols, colors, shapes, etc.,
which appear on the sign face and are intended to convey a visual
message. Total graphic content coverage of a sign shall be measured
by computing the area of the smallest geometric figure which can encompass
all words, letters, figures and other elements of the sign message.
The sum of the gross horizontal areas of the floor(s) of
a building which are enclosed and usable for human occupancy. The
areas shall be measured between the inside face of exteriors walls
or from the center line of walls separating two dwelling units. The
areas shall not include cellars, garage space, utility rooms, screened
porches or accessory building space. For a nonresidential use in the
RT Zone, it shall apply to all areas intended for human occupancy.
Low-growing plants or sod that in time form a dense mat covering
the area in which they are planted preventing soil from being blown
or washed away and the growth of unwanted plants.
Any sign supported by either uprights affixed to the ground
or supported by a base affixed to the ground.
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying off runoff water.
See "gross habitable floor area."
The gross habitable floor area of a residential building
compared to its lot area. The ratio is calculated by summing the gross
habitable floor area of all building floors and dividing by the lot
area.
Any room within a building used for the purpose of sleeping,
eating, preparation of food, offices, selling of merchandise, public
gatherings, or assembly lobbies. All habitable rooms within a dwelling
unit shall have natural light, ventilation, and heat. Garages, bathrooms,
closets, storage areas, hallways, stairs are not considered to be
habitable rooms.
Including, but not limited to, inorganic mineral acids of
sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium
and arsenic and their common salts; lead, nickel, and mercury and
their inorganic salts or metallo-organic derivatives; coal tar acids,
such as phenols and cresols, and their salts; petroleum products;
and radioactive materials and all materials identified as such by
the United States Environmental Protection Agency and the New Jersey
Department of Environmental Protection.
An area of defined dimensions, either at ground level or
elevated on a structure designated for the landing or takeoff of helicopters
but not limited in use to that sole purpose. Helistops have minimal
or no support facilities and may be located in multiple use areas,
such as parking lots or suitable open areas.
The facility or institution, whether public or private, engaged
principally in providing services for health maintenance organizations,
diagnosis, or treatment of human disease, pain, injury, deformity,
or physical condition, including, but not limited to, a general hospital,
special hospital, mental hospital, public health center, diagnostic
center, treatment center, rehabilitation center, extended care facility,
skilled nursing home, nursing home, intermediate bio-analytical laboratory
(except as specifically excluded hereunder) or central services facility
serving one or more such institutions but excluding institutions that
provide healing solely by prayer and excluding such bio-analytical
laboratories as are independently owned and operated, and are not
owned, operated, managed, or controlled, in whole or in part, directly
or indirectly, by any one or more health care facilities, and the
predominant source of business of which is not by contract with health
care facilities within the State of New Jersey and which solicit or
accept specimens and operate predominantly in interstate commerce.
When referring to a wireless telecommunications tower or
other structure, the distance measured from the finished grade to
the highest point on the tower or other structure, including the base
pad and any antenna. (See also the definition of "building height.")
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
formally designated in the Master Plan as being of historical, archaeological,
cultural, scenic or architectural significance.
Any use customarily conducted for profit entirely within
a dwelling and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the use of the dwelling for dwelling
purposes, and does not change the character thereof, provided that
no article is sold or offered for sale except such as may be produced
by members of the immediate family residing in the dwelling; and provided,
further, that no machinery or equipment used which will cause electrical
or other interference with radio and television reception in adjacent
residences, or cause offensive noise or vibration. Such activities
as clinics, hospitals, barbershops, beauty parlors, tea rooms, tourist
homes, animal hospitals, nursery schools, and music or dancing schools
other than for individual instruction shall not be deemed home occupations
under the terms of this chapter.
A building or series of buildings, primarily for treatment
of patients to be housed on the premises, and providing health, medical
and surgical care for sick or injured human beings, including as an
integral part of the building, such related facilities as laboratories,
outpatient departments, clinics, training facilities, central service
facilities and staff offices. The definition of "hospital" shall not
include nursing homes, medical care centers and the like.
A building providing a minimum of 100 rental units for overnight
accommodations for hire to the traveling public. Each rental unit
should contain at least one bathroom for the use of that rental unit.
The rental units shall not contain cooking facilities. Twenty percent
of the gross habitable floor area of the building shall be used for
restaurants, recreation facilities and meeting rooms.
A building meeting the definition of "hotel" herein but which
includes rental units intended and designated for the temporary extended
stay of travelers who have a permanent residence elsewhere. Each rental
unit for the extended stay of travelers shall have a private bathroom
and cooking facilities. The building shall be operated, maintained
and advertised as a hotel with extended-stay units, and it shall not
be maintained, operated, used or advertised as an apartment complex
or facility. The extended-stay hotel shall contain a central lobby,
a hotel reception desk that is open and staffed at all times, and
a restaurant.
[Added 12-19-2013 by Ord. No. 2013-11]
See "place of worship."
The person or persons occupying a dwelling unit.
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part.
The properties, distribution, and circulation of water.
Illuminating Engineering Society.
The surface area of a lot covered by buildings and structures
and by accessory buildings or structures. "Impervious area" shall
include all parking areas, sidewalks, walkways, patios, automobile
access driveways, and/or storage areas, whether or not covered by
an impervious surface, and all other impervious surfaces except as
indicated on the zoning district schedule of regulations. The impervious
area of a lot expressed as a percentage is equal to lot coverage.
A surface that has been compacted or covered with a layer
of man-made or natural material so that it is highly resistant to
infiltration of water.
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
The area of a lot for the placement of principal buildings,
off-street parking lots, and off-street loading areas which is located
within the envelope delineated by the required yards, or buffers of
the zone district and which is not encroached upon by any of the following
features:[8]
An existing or proposed public right-of-way.
Wetlands or any required wetlands transition
area pursuant to the New Jersey Freshwater Wetlands Protection Act
(N.J.S.A. 13:9B-1 et seq.), except where construction, fill, or disturbance
has been authorized pursuant to the Freshwater Wetlands Act.
Slope areas where the inclination of the land's
surface from the horizontal is 15% or greater for a ten-foot interval.
Stream corridors.
An area for the temporary location of motor vehicles which
has been modified from its natural condition by excavation, fill or
structures.
A street curbed and paved in accordance with the standards
set forth in this chapter for new streets or, alternately, a street
which has been improved to the standards specified by the Township
Engineer.
Any man-made, immovable item which becomes part of, placed
upon, or is affixed to, real estate.
A septic tank, seepage tile sewage disposal system, or any
other approved sewage treatment device serving a single unit.
A facility within a building, including, but not limited
to, tennis and racquetball courts, fitness/health clubs, bowling alleys,
accessory pro shops, snack bars, exercise, swimming or training facilities
and restaurants.
[Amended 12-19-2012 by Ord. No. 2012-18]
Facilities providing specialized education, training or instruction
to groups or individuals such as art schools, tutoring services, dance
schools, gymnastics, martial arts, language schools, music schools,
drama schools, business schools, and substantially similar types of
uses.
[Added 9-12-2012 by Ord. No. 2012-11]
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
rights to use, acquire, or enjoy property is or may be affected by
any action taken under N.J.S.A. 40:55D-1 et seq. or under any other
law of this state or of the United States have been denied, violated
or infringed by an action or failure to act under N.J.S.A. 40:55D-1
et seq. or this chapter.
A lot bounded by a street on one side only.
A street or road that is developed wholly within a parcel
under one ownership and meeting all municipal standards.
A street used for internal vehicular circulation within a
tract or development. Major internal streets are those internal streets
which have an entrance and/or exit on the access street or right-of-way
frontage of the tract. Internal streets may be private and not dedicated
or deeded to the public, but shall meet all municipal street design
standards, subject to approval by the Planning Board and by the Municipal
Engineer.
A raised area usually curbed, placed to guide traffic, separate
lanes, or used for landscaping, signing, or lighting.
Institute of Transportation Engineers.
A syllable of a word, an initial, a logo, an abbreviation,
a number, a symbol, or a geometric shape, provided that a name of
an activity shall never be counted as containing more than four items
of information regardless of the number of syllables.
The use of any area and/or structure for the keeping or abandonment
of junk, including scrap metal, glass, paper, cordage, or other scrap
material, or for the dismantling, demolition or abandonment of structures,
automobiles or other vehicles, equipment and machinery, or parts thereof;
provided, however, that this definition shall not be deemed to include
any of the foregoing uses which are accessory and incidental to any
agricultural use permitted in any zone or storage of hazardous materials.
The storage or other use of temporarily disabled licensed vehicles
in conjunction with a motor vehicle repair garage or motor vehicle
service station shall not be considered a junkyard.
An area used or designed to be used for the preparation of
food.
A facility that manufactures or customizes a variety of products
to assist in the provision of oral health care by a licensed dentist
such as crowns, bridges, or dentures.
[Added 12-19-2012 by Ord. No. 2012-18]
A facility for testing, analysis and/or research such as
medical labs or soils and materials testing labs.
[Added 12-19-2012 by Ord. No. 2012-18]
Natural or man-made bodies of water which normally contain
or retain water for extended periods. Ponds are bodies of water with
a surface area, measured under ten-year storm conditions, of two acres
or less. Lakes are bodies of water with a surface greater than two
acres, measured under ten-year storm conditions. The shoreline of
a lake or pond is measured at the perimeter of the surface of water
under ten-year storm conditions, as certified by the applicant's licensed
land surveyor, and approved by the Municipal Engineer.
Any real property including improvements and fixtures on,
above or below the surface.
Any activity involving the clearing, grading, transporting,
filling of land, and any other activity which causes land to be exposed
to the danger of erosion.
The same as "Historic District."
The same as "historic site."
The orderly, planned arrangement of shrubs, ground cover,
flowers, trees and other plant material, including incidental use
of berms and decorative mulches, gravel and similar materials to produce
an aesthetically pleasing appearance, to satisfy ground stabilization
requirements, and/or providing a visual screen, all arranged and implemented
in accordance with good landscaping and horticultural practices.
Light-emitting diode.
[Added 9-10-2014 by Ord. No. 2014-11]
See "electronic sign."
[Added 9-10-2014 by Ord. No. 2014-11]
Fabrication, assembly or processing of goods or materials,
or the storage of bulk goods and materials where such activities or
materials create no hazard from fire or explosion, or produce toxic
or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
Such space must have clear means of ingress and egress to a public
street at all times.
Any sewage authority created pursuant to the Sewerage Authorities
Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities
created pursuant to the Municipal and County Utilities Authority Law,
P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility, authority,
commission, special district or other corporate entity not regulated
by the Board of Regulatory Commissioners under Title 48 of the Revised
Statutes that provides gas, electricity, heat, power, water, or sewer
service to a municipality or the residents thereof.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The acreage and square footage of a lot contained within
the lot lines of the property.
Any lot at the junction of and fronting on two or more intersecting
streets.
The impervious area of a lot. Lot coverage is expressed as
a percentage of the total lot area.
The shortest distance between the front lot line and a line
parallel to the front lot line through the midpoint of the rear lot
line, provided that, in triangular lots having no rear lot line, the
distance shall be measured to the midpoint of a line parallel to the
front lot line which shall not be less than 10 feet in length measured
between its intersections with the side lot lines. On corner lots,
one side lot line shall be considered a rear lot line for the purpose
of determining lot depth.
The distance measured on a horizontal plane between the side
lot lines measured along the street line. The minimum lot frontage
shall not be less than the required lot frontage except that on curved
alignments with an outside radius of less than 500 feet, the minimum
distance between the side lot lines measured at the street line shall
not be less than 70% of the required minimum lot frontage. Where the
lot frontage is so permitted to be reduced, the lot width at the building
setback line shall not be less than the required minimum frontage
of the zone district and further provided that no lot shall have a
frontage less than 75 feet, unless specifically provided for by the
zone district regulations. For the purpose of this chapter, only continuous
uninterrupted lot lines shall be accepted as meeting the frontage
requirements.
A lot other than a corner lot.
Any line designating the extent or boundary of a lot which
shall further be defined as follows:
FRONT LOT LINE, INTERIOR LOTA lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
FRONT LOT LINE, CORNER LOTA lot line along the street or road which is most nearly parallel to that part of the building where the main entrance is located, provided however, that where this cannot be determined, the municipal agency can choose to designate the front lot line as the line running along the street named in the property's postal address, where applicable.
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
The distance between the property side lines measured along
the front yard setback line. Unless otherwise specified, lot width
shall not be less than the minimum required lot frontage.
A household whose income is within the current moderate or
low income limits for the housing region as established by the New
Jersey Council on Affordable Housing.
Any security that is acceptable to the governing body to
assure the maintenance of approved installations by developers.
Any security, which may be accepted by the Township for the
maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq.
and this chapter, including, but not limited to, surety bonds, letters
of credit, under the circumstances specified in N.J.S.A. 40:55D-53.5,
and cash.
Any site plan not classified as a minor site plan or exempt
site development.
Any subdivision not classified as a minor subdivision.
An inspection chamber whose dimensions allow easy entry and
exit and working room for a person inside.
A method for calculating the hydraulic capacity of a conduit,
culvert or waterway to convey water.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities.
The treatment or processing of raw products, and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
Any establishment devoted to the providing of massage services
to persons not in connection with any medical, osteopathic, chiropractic,
prescribed therapeutic or athletic or calisthenic activities.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted by
the Planning Board pursuant to N.J.S.A. 40:55D-28.
The Mayor of Manalapan.
That portion of a divided highway separating the traveled
ways of traffic proceeding in opposite directions.
Facilities for motion picture, television, sound, computer,
and other media communications production.
[Added 12-19-2012 by Ord. No. 2012-18]
A person afflicted with mental disease to such an extent
that a person so afflicted requires care and treatment for his own
welfare, or the welfare of others, or of the community, but shall
not include a person who has been committed after having been found
not guilty of a criminal charge or unfit to be tried on a criminal
charge by reason of insanity.
Housing facilities for farm workers, provided that such housing
facilities for transient or migratory farm workers shall be occupied
only during that period of time when workers are engaged in agricultural
pursuits and that the facilities for transient or migratory farm workers
shall not be occupied during those periods when agricultural growing
and harvesting activities are not in progress. Nothing in this section
shall be deemed to permit the establishment of housing facilities
for labor not engaged in activities of an agricultural nature. Housing
facilities shall be located not closer than 200 feet to any property
line. In no event shall such facilities be occupied more than six
months in any calendar year.[9]
A development plan for one or more lots which is (are) subject
to development which:
Requires site plan approval; and
Meets the requirements set forth in Article
XII of this chapter and contains the information needed to make an
informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met, and
Meets the following conditions:
New building construction and/or building additions
do not exceed 1,000 square feet of gross floor area.
The proposed development does not increase parking
requirements by more than five spaces.
The proposed development conforms to the performance
standards set forth in Article VII.
The proposed development does not involve planned
development.
The proposed development does not involve any
new street or the extension of any existing street.
The proposed development does not involve the
extension or construction of any off-tract improvement, the cost of
which is to be prorated pursuant to N.J.S.A. 40:55D-42.
The proposed development does not involve the
disturbance of 5,000 square feet or more of ground area.
A subdivision of land for the creation of not more than two
lots plus the remainder of the original lot provided such subdivision
does not involve a planned development, any new street, or the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42 and provided that the municipal agency
or the Subdivision Committee of the Planning Board finds that all
the following conditions have been met:
That curbs and sidewalks have been installed
or that the developer agrees to install and post performance guarantees
for curbs and sidewalks, or that curbs and sidewalks are not required
due to specific conditions in the area.
That the subdivision does not require the extension
of municipal facilities at the expense of the municipality.
That the subdivision and construction resulting
therefrom will not adversely affect drainage patterns of the basin
in which the lots are situated.
That the subdivision will not adversely affect
the development of the remainder of the parcel or the adjoining property.
That the subdivision is not in conflict with
any provision or portion of the Master Plan, Official Map or this
chapter or that appropriate variances have been obtained (or must
be obtained as a condition of approval).
That no portion of the lands involved represent
a further subdivision of an original tract of land for which one or
more previous minor subdivisions have been approved by the municipal
agency and the combination of the number of lots under the proposed
and previously approved minor subdivision(s) would have constituted
a major subdivision if filed together. The "original tract of land"
shall be defined as any tract of land in existence as of November
12, 1968.
Municipal Land Use Law.
See "manufactured home."
A hotel providing individual entrances from the exterior
of the building to each unit used for overnight accommodations and
providing parking spaces convenient to each individual entrance.
A building or portion of a building or land, or portion thereof,
which is not primarily devoted to the retail sale of gasoline or new
or used automobiles or trucks, in which auto body work or the overhauling
or replacement of automobiles, automobile parts, or any portion thereof,
is conducted as a business for profit.
Any area of land, including structures thereon, which is
used for the retail sale of gasoline or any other motor vehicle fuel
and oil and other lubricating substances, including any sale of motor
vehicle accessories and which may include facilities for lubricating,
washing or servicing of motor vehicles, except that auto body work
of any nature and retail sales unrelated to motor vehicle uses shall
be prohibited.
A layer of wood chips, dry leaves, straw, hay, plastic, or
other materials placed on the surface of the soil around plants to
retain moisture, prevent weeds from growing, hold the soil in place,
and aid plant growth.
Any building containing three or more dwelling units, including
townhouses within a lot. Dwelling units within multifamily buildings
are classified as multifamily dwellings.
The Planning Board or Board of Adjustment when acting pursuant
to N.J.S.A. 40:55D-1 et seq. and this chapter.
N.J.S.A. 40:55D-1 et seq (Chapter 291, Laws of New Jersey
1975, as amended).
The Township of Manalapan.
An integrated development planned, constructed, and operated
as a single unit consisting of retail stores and shops, personal service
establishments, professional and business offices, and banks in an
enclosed building or buildings and utilizing such common facilities
as customer parking, pedestrian walkways, truck loading and unloading
space, utilities, and sanitary facilities. A neighborhood shopping
center is designed to provide convenient shopping for the general
neighborhoods in which it is located without attracting regional traffic.
National Fire Protection Association.
New Jersey Department of Environmental Protection.
New Jersey Department of Transportation.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision, or amendment.
A use or activity which was lawful prior to the adoption,
revision, or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvacultural, mining, construction,
subsurface disposal and urban runoff sources.
A school designed to provide daytime care of three or more
children from two to six years of age inclusive, and operated on a
regular basis.
The specific purpose for which land or a building is used,
designed or maintained.
The same as certificate of occupancy.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance by the governing body pursuant
to N.J.S.A. 40:55D-32 et seq.
Located outside the lot lines of the lot in question, but
within the property limits (of which the lot is a part) which is the
subject of a development application. Off-site areas shall include
any contiguous portion of a street or right-of-way.
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle, and that is not located on a dedicated
street right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
A temporary storage area for a motor vehicle which is located
on a dedicated street right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
An open space unoccupied by buildings or streets in which
improvements are limited to walkways, paths, living trees and other
living landscape materials.
A porch or steps with a fixed roof no larger than six feet
wide by four feet deep and with no sidewalk other than the wall of
the structure to which it is attached.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and other improvements that are designed to be incidental to the natural
openness of the land.
The total area of open space in a development divided by
the total site area of the development. Detention basins shall not
be calculated as open space.
An accessory structure placed year round in a fixed location
in a yard or open space to provide a decorative or ornamental element
to the grounds and gardens of the principal use. Ornamental landscape
structures shall include, but are not necessarily be limited to, fountains,
reflecting ponds, trellis, entry posts or stanchions, lampposts, and
other such structures.
See "zone overlay area."
Any individual, family group, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in land which is the subject of a development proposal.
An open area used for the open storage of motor vehicles
and includes any driveways and access drives, as well as accessory
incidental structures or improvements such as curbing, drainage, lighting,
landscaping, and signing.
An area, other than a street, intended for the same use as
a private garage, is accessory to a residential or nonresidential
building or use and not used by the general public.
A paved open area, other than a street or other public way,
used for the parking of motor vehicles and available to the public,
whether for a fee, free, or as an accommodation of clients or customers.
The same as "garage, public."
An off-street space provided for the parking of a motor vehicle
exclusive of driveways or access drives, either within a structure
or garage or in the open or as may be otherwise defined in this chapter.
A private street with perpendicular parking.
For purposes of notice any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
An area of land not used for receiving and storing material
where the grounds have been surfaced with construction material such
as brick, stone, concrete or lumber, which does not project above
grade level and which is entirely uncovered by a roof or any superstructure.
Two or more single-family dwellings, either attached or detached,
located on individual lots, and which are functionally and architecturally
connected by patio area(s).
See "cartway."
Any establishment showing to patrons in private or semiprivate
viewing areas the live or photographic or magnetically recorded depictions
of persons engaged in the presentation and exploitation of illicit
sex, lust, passion, depravity, violence, brutality, nudity, immorality
and other obscene subjects.
Any security, which may be accepted by the municipality,
including, but not limited to, surety bonds, letters of credit under
circumstances specified in N.J.S.A. 40:55D-53.5 and cash.
An act by which skills of one person are utilized for the
benefit of another, provided no function involves manufacture, cleaning,
repair, storage or distribution of products or goods except for cleaning
and repairing of clothing and similar personal accessories.
Any material that permits full or partial absorption of stormwater
runoff and precipitation into previously unimproved land.
Any substance or mixture of substance labeled, designed,
or intended for use in preventing, destroying, repelling, sterilizing
or mitigating any insects, rodents, nematodes, predatory animals,
fungi, weeds and other forms of plant or animal life or viruses, except
viruses on or in living man or other animals. The term pesticide shall
also include any substance or mixture of substances labeled, designed
or intended for use as a defoliant, desiccant, or plant regulator.
Oil or petroleum of any kind and in any form including crude
oils and derivatives of crude oils, whether alone, as sludge, oil
refuse or oil mixed with other wastes.
A building or group of buildings for public worship including
cathedrals, chapels, churches, meeting houses, synagogues, temples,
and similarly used buildings, as well as accessory uses such as Sunday
schools, social halls, parish houses, and similar type buildings.
An area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses or both and any residential and other uses
incidental to the predominant use as may be permitted by ordinance.
Planned unit development, planned residential development,
residential cluster, planned commercial development or planned industrial
development.
An area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by ordinance.
The same as planned unit residential development.
One or more contiguous parcels of land having a total land
area of 25 or more acres under common ownership or control which is
planned for development with residential dwelling units and other
structures and facilities designed and limited to occupancy by persons
55 years of age or older and children 19 years of age or over. The
ownership of the residential units and an area comprising the PRC
shall be in accordance with the provisions of N.J.S.A. 46:8B-1 et
seq. or in fee simple in conjunction with a homeowners' association,
and all sale, resale, rental leasing or occupancy of the units or
any of the structures comprising the PRC shall be subject to and must
comply with the terms and conditions of this chapter.
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial, or
industrial areas in such ranges of ratios of nonresidential uses to
residential uses as shall be specified in the zoning ordinance.
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial, or public or quasi-public uses, all primarily for the
benefit of the residential development.
The municipal Planning Board established pursuant to N.J.S.A.
40:55D-23. The term "Planning Board" as used in this chapter also
means the Board of Adjustment when it is acting pursuant to N.J.S.A.
40:55D-76.
The licensed New Jersey professional engineer specifically
retained by the Planning Board or assigned by the Municipal Engineer
(with the consent of the Board) to render engineering services and
advice to the Board. In the absence of the specific appointment of
a Planning Board Engineer, the Municipal Engineer may assume the duties
of the office.
A map or maps of a subdivision or site plan.
The map or maps of all or a portion of the development prepared
and submitted to the approving authority for final approval. Final
plat shall also include and be synonymous with the term final site
plan.
The plat prepared and submitted to the approving authority
as a part of the application for preliminary approval. Preliminary
plat shall also include and be synonymous with the term preliminary
site plan.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48, and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
Architectural drawings prepared by a New Jersey registered
architect during early and introductory stages of the design of a
project illustrating in a schematic form, its scope, scale, relationship
to its site and immediate environs and exterior colors and finishes.
A lot or tract of land or any combination thereof held under
a single ownership or control.
The primary or principal purpose for which a building, structure
or lot is used.
An area of land within a lot or lots having specific dimensions
and metes and bounds, which shall be a part of the area of a lot or
lots to which same provides a means of access. Such private access
easements when approved according to law shall be recorded.
An area of land having specific dimensions and metes and
bounds, which area may be a part or separate part of a lot or lots
to which same provides a means of access. Such private street(s) when
approved according to law shall be recorded.
The office of a member of a recognized profession, which
shall only include the office of doctors or physicians, psychologists,
dentists, optometrists, ministers, architects, professional engineers,
professional planners, land surveyors, lawyers, artists, authors,
attorneys, musicians, accountants, and insurance agents and real estate
brokers with five or fewer brokers or sales agents. An animal hospital
or veterinarian's office shall not be considered a professional office
for the purpose of this chapter.
A building, the occupancy of which is limited to professional
offices.
That use which is not specifically allowed or permitted in
a particular zone and for which the granting of a variance of N.J.S.A.
40:55D-70d would be necessary, in order to provide that use in that
particular zone.
A sign, other than a wall sign, suspended from or attached
to a building or wall in a manner which is other than parallel to
the building or wall, including a sign hung under the canopy.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater'
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation, and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to the
Township, a municipal agency, Board of Education, federal, state,
or county agency, or other public body for recreational or conservational
uses.
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 40:2-13.[10]
The majority of the full authorized membership of a municipal
agency.
Any natural or artificially produced substance or combination
of substances which emits radiation spontaneously.
A method of runoff calculation.
A wall sign which is affixed to any exterior wall of any
building where such wall does not front a public street but contains
a means of public pedestrian access into the building.
The replenishment of underground water reserves.
Facilities and open space areas set aside, designed and/or
improved, and used for recreation purposes, and may include, but shall
not be limited to, playfields, golf courses, playgrounds, swimming
pools, tennis courts, and other court games, tot lots, parks, picnic
areas, nature preserves, boating and fishing areas and facilities.
A vehicular type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic entities are travel trailer, camping trailer, truck camper,
and motor home.
A four sided plane figure with four right angles.
Facilities for the production of solar energy or wind energy.
[Added 12-19-2012 by Ord. No. 2012-18]
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space as an appurtenance.
The number of dwelling units per gross acre of residential
land including areas used for streets, easements and/or open space
portions of a development.
The resulting number of dwelling units which may be or are
developed on a site or lot after public access and required open spaces
are provided.
A dwelling unit on one floor of a multifamily building.
A yard space that has been prepared and improved with a playing
surface designed to serve as a multipurpose recreational structure
that accommodates yard games and outdoor recreation equipment and
activities and which is accessory to a residential dwelling.
Any establishment, however designated, at which food is sold
for consumption on the premises, normally to patrons seated within
an enclosed building. However, a snack bar at a public or community
playground, playfield, park, or swimming pool operated solely by the
agency or group operating the recreation facilities, and for the convenience
of patrons of the facility, shall not be deemed to be a restaurant.
A restaurant which is designed for and whose primary function
and operation is the preparation and service by employees of meals
to a customer or customers seated at the table at which the meal is
consumed. A category one restaurant operates without substantial carry-out
service; with no delivery service; with no drive-through, drive-in,
or service in vehicles; and without service at counters or bars unless
the restaurant is licensed to serve alcoholic beverages.
A restaurant whose primary function is the preparation and
service by employees of food or drink to customers as part of an operation
which may be designed with carry-out service; delivery service; self-service;
or on-premises consumption, except that no drive-in, drive-through,
or service in vehicles is permitted.
A restaurant whose primary function is the preparation and
service by employees of food or drink to customers as part of an operation
which may be designed with carry-out service; delivery service; self-service;
on-premises consumption; or customer pickup service utilizing a vehicular
drive-through.
An establishment where the majority of the patrons purchase
food, soft drinks, ice cream, and similar confections for takeout
or consumption on the premises but outside the confines of the principal
building, or in automobiles parked upon the premises, regardless of
whether or not, in addition thereto, seats or other accommodations
are provided for the patrons.
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or by other instrument so long
as only one use exists on the combined lot.
Relating to the sale of goods in small quantities to ultimate
consumers for personal or household consumption and not bulk sale
of goods to customers engaged in the business of reselling goods.
A retail use is open to the general public and its patronage is not
restricted by a membership requirement.
A retail use that stocks an inventory of goods in large quantities
for the purpose of selling retail from a building in which the goods
are held and which utilizes warehouse stack storage techniques on
the sales floor area. A retail stack storage use is open to the general
public and its patronage is not restricted by a membership requirement.
A structure more than 18 inches high erected between lands
of different elevation to protect structures and/or to prevent the
washing down or erosion of earth from the upper slope level.
A pond, pool or basin used for the permanent storage of stormwater
runoff.
A facing of stone, concrete, etc., built to protect a scarp,
embankment, or shore structure against erosion by wave action or current.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade trees, or
for another special use.
The same as "boarding or lodging house."
A parabolic reflector antenna which is designed for the purpose
of receiving signals from and/or transmitting signals to a transmitter
relay located in planetary orbit.
The same as educational use.
A structure or planting consisting of fencing, berms, and/or
evergreen trees or shrubs providing a continuous view obstruction
within a site or property.
Soil Conservation Service.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water or gravity as a product of erosion.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other materials.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity, or other natural means
as a product of erosion.
An underground system with a septic tank and piping used
for the decomposition of domestic wastes and subsurface disposal septic
tank effluent.
A watertight receptacle that receives the discharge of sewage.
The same as "accessory use."
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
Any pipe conduit used to collect and carry away sewage or
stormwater runoff from the generating source to treatment plants or
receiving streams.
A tree in a public place, street, special easement, or right-of-way
adjoining a street.
See "lot shape requirement."
The graded part of the right-of-way that lies between the
edge of the main pavement (main traveled way) and the curbline.
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
The triangular area intended to remain free of visual obstructions
to prevent potential traffic hazards formed by two intersecting street
lines or the projection of such lines which border a corner property,
and by a line connecting a point on each such line located a designated
distance from the intersection of the street right-of-way lines.
Any writing (including letter, word or numeral), pictorial
presentation (including illustration), decoration (including any material
or color forming an integral part of other sign elements or used to
differentiate such decoration from its background), emblem (including
device, symbol or trademark), flag (including banner, balloon or pennant),
or any other device, figure, logo, or similar character which:
Is located and maintained as a freestanding
structure or any part of a structure, or located and maintained on
a building or other structure or device by being placed, installed,
attached, affixed, fastened, pasted, posted, painted, printed, nailed,
tacked or in any other manner thereon or thereto; and
Is used to announce, direct attention to, identify
or advertise; and
Is visible from outside any building or structure;
and
Is illuminated or nonilluminated.
That portion of a building fronting on a public roadway or
public parking facility, free of any projection, relief, cornice,
column, change of building material, window or door opening extending
from the finished grade of the building to the bottom of the lowest
second floor window sill or to a height of 20 feet, whichever is less,
and along the entire length of the building which fronts the public
street or public parking facility.
The area made available by a sign structure for the purpose
of displaying a message.
The horizontal distance between a sign measured from the
nearest portion of the sign, and any front, side or rear lot line.
Any sign that is displayed upon, against or through any material
or color surface or backing that forms an integral part of such display
and differentiates the total display from the background against which
it is placed.
Any word, letter, emblem, insignia, figure or similar character,
or group thereof, that is neither backed by, incorporated in or otherwise
made part of any larger display area.
Any plot, parcel or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes, and waterways;
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and
Any other information that may be reasonably
required in order to make an informed determination pursuant to the
provisions of this chapter requiring review and approval of site plans
by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
See "concept plan."
All unconsolidated mineral and organic material of any origin
which overlies bedrock and which can be readily excavated.
The Freehold Soil Conservation District, a governmental subdivision
of the state which was organized in accordance with the provisions
of Chapter 24, Title 4, N.J.S.A. 4:24-2 et seq.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Committee and administered by the Freehold
Soil Conservation District in conformance with N.J.S.A. 40:55-120.[12]
Garbage, sludge, refuse, trash, rubbish, debris or other
discarded solid materials.
Turf, or earth (soil), strengthened usually by the mixing
of cement or lime with the original material to achieve increased
strength, thereby reducing shrinkage and movement.
The Standard Specifications for Road and Bridge Construction
as promulgated and revised by the New Jersey Department of Transportation.
Standards, requirements, rules and regulations
adopted by this chapter pursuant to N.J.S.A. 40:55D-65(d) regulating
noise levels, glare, airborne or sonic vibrations, heat, electronic
or atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke, and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the municipal; or
Required by applicable federal or state laws
or municipal agencies.
The plan established pursuant to P.L. 1985, c. 398, designed
for use as a tool for assessing suitable locations for infrastructure,
housing, economic growth and conservation in the State of New Jersey.
The commission established pursuant to P.L. 1985, c. 398.
Areas where the average slope exceeds 15% at ten-foot intervals
which, because of this slope, are subject to high rates of stormwater
runoff and erosion.
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
That portion of a building between a floor and ceiling, excluding
cellars.
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half-story.
Any pond or lake or perennial or intermittent waterway depicted
on any of the following: the most recent United States Geological
Survey 7.5 minute topographic map quadrangles; the Monmouth County
Soils Report prepared by the U.S. Soil Conservation Service; the Natural
Resource Inventory for the Township of Manalapan.
[Added 9-18-2002 by Ord. No. 02-24]
The stream channel (the bed and banks of a stream that confine
and conduct continuously or intermittently flowing water or the bed
and banks of a pond or lake), the area within the one-hundred-year
floodline, and the stream corridor buffer. Where no one-hundred-year
floodline has been delineated, the stream corridor shall consist of
the stream channel and stream corridor buffer area.
[Added 9-18-2002 by Ord. No. 02-24]
An area extending a minimum of 75 feet and an average distance of 100 feet from the one-hundred-year floodline or from the boundary of the flood hazard overlay district established pursuant to § 95-5.6B of this chapter. If there is no one-hundred-year floodline delineated, the distance shall be measured outward from the bank of the stream channel, lake, or pond. If slopes greater than 10%, or wetlands, or wetland transition areas abut the outer boundary of the stream corridor, the area of such slopes, wetlands and wetland transition areas shall also be included within the boundaries of the stream corridor buffer area.
[Added 9-18-2002 by Ord. No. 02-24]
Any street, highway, avenue, boulevard, road, parkway, viaduct,
alley, drive, or other way:
Which is an existing state, county or municipal
roadway; or
Which is shown upon a plat heretofore approved
pursuant to law; or
Which is approved by official action as provided
by N.J.S.A. 40:55D-1 et seq.; or
Which is shown on a plat duly filed and recorded
in the office of the county recording officer prior to the appointment
of a Planning Board and grant to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
Roadways with a high volume of traffic flow. Arterial street
may include state and county roadways.
Any street that collects traffic from local streets and channels
it onto the system of arterial streets.
A local street providing access to residential lots.
Man-made, aboveground items that are usually found in street
rights-of-way, including benches, kiosks, plants, canopies, shelters,
and phone booths.
The mechanical and utility systems within a street right-of-way
such as hydrants, manhole covers, traffic lights and signs, utility
poles and lines, parking meters and the like.
The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifies streets according
to function, from high-traffic arterial roads down to streets whose
function is residential access. Systematizing street design into a
road hierarchy promotes safety, efficient land use, and residential
quality.
See "improved street."
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street; as distinct from a sidewalk line, curb line, or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
Township of Manalapan, the street line shall be considered to be the
proposed right-of-way line for the street. Where a definite right-of-way
has not been established, the street line shall be assumed to be at
a point 25 feet from the center line of the existing pavement.
Any street that provides access to lots and carries traffic
having a destination or origin on the street itself.
A street that has its only ingress and egress at two points
on the same subcollector or collector street.
A street that does not have an all-weather pavement. An unimproved
street could be constructed of loose gravel, any type of loose stone,
or generally, any type of material that is not solidified and will
not repel water or maintain a stable cross-section under all weather
conditions. In the event that the Construction Official or other Township
official has any question as to whether a road is improved, unimproved,
or potential drainage problems exist with regard to the issuance of
a development permit, building permit or certificate of occupancy,
such official shall contact the Township Engineer for his evaluation
and written determination.
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
The same as "alterations."
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
Any person or legal entity commencing proceedings under this
chapter to effect the subdivision of land hereunder.
The division of a lot, tract, or parcel of land into two
or more lots, tracts, parcels or other divisions of land for sale
or development. The following shall not be considered subdivisions
within the meaning of this act, if no new streets are created:
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size;
Divisions of property by testamentary or intestate
provisions;
Division of property upon court order including,
but not limited to, judgments of foreclosure;
Consolidation of existing lots by deed or other
recorded instrument; and
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the Zoning Officer to conform
to the requirements of the development regulations contained in this
chapter for frontage on an improved street, zoning district regulations,
and for design standards and improvement specifications; and further
provided that each lot, tract, or parcel of land is shown and designated
as separate lots, tracts, or parcels on the official Tax Map of the
Township. Those adjoining lots, tracts, or parcels of land shown on
the official Tax Map of the Township which are owned by the same person
or persons but which individually do not conform to the zoning district
regulations and/or which do not meet the required frontage on an improved
street shall be treated under this chapter as a single parcel of land
no portion of which may be conveyed without subdivision approval as
prescribed by this chapter. The term "subdivision" shall also include
the term "resubdivision."
A committee appointed by the chairperson of the Planning
Board for the purpose of reviewing, commenting and making recommendations
with respect to subdivision and site plan applications.
The natural ground lying beneath a road.
Those waters that fall on land or arise from springs and
diffuse themselves over the surface of the ground following no defined
course or channel.
See "swimming pool, public."
A swimming pool located on a single family lot with a residence
on it and used as an accessory to the residence, and the pool is utilized
with no admission charges and not for the purpose of profit.[13]
A swimming pool that is open to the public or to a limited
number of members and their guests or operated as a service rendered
by a hotel, motel, or apartment or planned residential development.
The original upper layer of soil material to a depth of six
inches which is usually darker and richer than the subsoil.
See "wireless telecommunications tower."
An integrated scheme of townhouse dwelling structures and
common lands or facilities.
A structure containing two or more townhouse dwelling units.
A dwelling unit occupied by a single family, which unit is
attached to another by a common bearing structural element, together
with perpetual access and use of the open space designed as an integral
part of each unit provided either by fee simple ownership, owners'
association or other means ensuring perpetual access and use, and
having been constructed in conformity with applicable rules, regulations
and ordinances of the Township of Manalapan.
A parcel of land created by master deed in accordance with
N.J.S.A. 46:8A-1 et seq. (Horizontal Property Act).
An area of land consisting of one or more contiguous lots
under single ownership or control, used for development or for a common
purpose. Tract is interchangeable with the words, development area,
site and property.
A vehicle used or so constructed as to permit its being used
as a licensed conveyance upon the public streets or highways and constructed
in such a manner as will permit its occupancy as a place of day-to-day
habitation for one or more persons. This term shall also include automobile
trailers and house trailers; however, travel trailers which are under
eight feet in width and under 25 feet in length and are not used for
purposes of day-to-day habitation shall not be included.
A typed or printed verbatim record, or reproduction thereof,
of the proceedings of the municipal agency.
An area of land adjacent to a freshwater wetland which minimizes
adverse impacts on the wetland or serves as an integral component
of the wetlands ecosystem and which is regulated pursuant to N.J.S.A.
13:9B-1 et seq.
A single or one-way vehicle movement to or from a property
or study area. Trips can be added together to calculate the total
number of vehicles expected to enter and leave a specific land use
or site over a designated period of time.
The New Jersey Uniform Construction Code, N.J.S.A. 40A:12-27
(N.J.A.C. 5.23-1.1 et seq.).[14]
Urban Land Institute.
United States Coast and Geodetic Survey.
The specific purposes for which a parcel of land or a building
or a portion of a building is designed, arranged, intended, occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
The sum of the gross horizontal area of each floor of a nonresidential
building exclusive of the following: major vertical penetrations (such
as stairwells and elevator shafts); floor space used for mechanical
equipment needed in the operation of the building; cellar, basement,
or attic space not intended for human occupancy and having a clear
standing headroom of seven feet or less; and architectural amenities
such as atrium or lobby space or common spaces designed for the public
convenience such as covered walkways or colonnades.
Essential services including, but not limited to sanitary
and storm sewers, water, electricity, gas, cable television and telephone,
regulated by the Board of Public Utility Commissioners.
Permission to depart from the literal requirements of zoning
regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, N.J.S.A.
40:55D-60 and N.J.S.A. 40:55D-70c and 40:55D-70d.
Any sign which is affixed to an exterior wall of any building,
not projecting more than one foot beyond the building wall.
Any structure designed for or utilized primarily for the
storage of goods and materials. The term shall include self-storage,
mini, or other form of commercial warehouse activities.
Channel, brook, stream, river or canal for the conveyance
of water, particularly drainage lands.
An area regulated by the New Jersey Freshwater Wetlands Act
(N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
The sale of goods primarily to customers engaged in the business
of reselling the goods.
A sign which is part of or affixed or attached to the interior
or exterior of a window or otherwise part of a window and located
within 18 inches of the interior of the window and which can be seen
from a public street or public parking facility.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
An area of contiguous wooded vegetation where trees are at
a density of at least one six-inch or greater caliper tree per 325
square feet of land and where the branches and leaves form a contiguous
canopy.
A wooded area where 30% or more of the trees have a sixteen-inch
caliper or greater.
The space which lies between a principal building or structure
and the nearest lot line. A yard is to be unoccupied and unobstructed
from the ground upward except as herein permitted. Yards will be identified
as either front yard, side yard, or rear yard.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of a building
or structure. The depth of the front yard shall be measured at right
angles to the front line of the lot.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of a building
or structure. The depth of a rear yard shall be measured between the
rear line of the lot or the entire line of the alley, if there is
an alley, and the rear line of the building.
An open, unoccupied space between the side line of the lot
and the nearest line of a building and extending from the front yard
to the rear yard, or in the absence of either of such yards, to the
front or rear lot lines as the case may be. The width of a side yard
shall be measured at right angles to the side line of the lot.
The same as district.
An area designated by the Zoning Ordinance of the Township
which covers a portion of, or all of, one or more underlying zone
districts. Within a zone overlay area, development is subject to the
control of certain additional uniform regulations and requirements
which supplement the underlying zone requirements and standards.
The municipal official designated to enforce the provisions
of this chapter.
A document signed by the Zoning Officer:
[Amended 5-25-2005 by Ord. No. 2005-16]
A.
Which is required by ordinance as a condition precedent
to the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building;
and
B.
Which acknowledges that such use, structure or building
complies with the provisions of this chapter or variance therefrom
duly authorized by a municipal agency.
[5]
Editor's Note: Repealed by L. 1945, c. 22;
L. 1979, c. 359; L. 1981, c. 262. See N.J.S.A. 58:1A-1 et seq.
[7]
Editor's Note: Apparently should be N.J.S.A.
45:7-32 et seq.
[8]
Editor's Note: See Exhibit 5-5 at the end
of this chapter.
[10]
Editor's Note: No section denoted N.J.S.A.
40:2-13 exists. See N.J.S.A. 40:62-1 et seq.
[12]
Editor's Note: No section denoted N.J.S.A.
40:55-120 exists. See N.J.S.A. 4:24-17.1 et seq.
[14]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
A.
Establishment. The Planning Board presently in existence
pursuant to N.J.S.A. 40:55D-23 is hereby continued to consist of nine
members of the following four classes and two alternates:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the Township other
than the Mayor or a member of the Township Committee to be appointed
by the Mayor, provided that if there is an Environmental Commission,
the member of the Environmental Commission who is also a member of
the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed
to be the Class II Planning Board member if there is both a member
of the Zoning Board of Adjustment and a member of the Board of Education
among the Class IV members or alternate members.
(3)
Class III: a member of the Township Committee to be
appointed by it.
(4)
Class IV: six other citizens of the Township to be
appointed by the Mayor. The members of Class IV shall hold no other
municipal office, position or employment except that one member may
be a member of the Zoning Board of Adjustment and one may be a member
of either the Board of Education of either the Freehold Regional High
Schools or the Manalapan-Englishtown Regional Schools. A member of
the Environmental Commission who is also a member of the Planning
Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning
Board member unless there be among the Class IV or alternate members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education, in which case the member of
the Environmental Commission shall be deemed to be the Class II member
of the Planning Board. For the purpose of this section, membership
on a municipal board or commission whose function is advisory in nature,
and the establishment of which is discretionary and not required by
statute, shall not be considered the holding of municipal office.
(5)
Alternates.: The Mayor shall also appoint two alternate
members who shall meet the qualifications of Class IV members. Alternate
members shall be designated by the Mayor at the time of appointment
as "Alternate No. 1" and "Alternate No. 2."
B.
Terms.
(1)
The term of the member composing Class I shall correspond
to his official tenure. The terms of the members composing Class II
and Class III shall be for one year or terminate at the completion
of their respective terms of office whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or a Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever comes first.
(2)
The term of a Class IV member who is also a member
of the Zoning Board of Adjustment or the Board of Education shall
terminate whenever he is no longer a member of such other body or
at the completion of his Class IV term, whichever occurs first.
(3)
The terms of all Class IV members first appointed
pursuant to N.J.S.A. 40:55D-23 shall be so determined that to the
greatest practicable extent the expiration of such term shall be evenly
distributed over the first four years after their appointment as determined
by resolution of the Township Committee; provided, however, that no
term of any member shall exceed four years and further provided that
nothing herein shall affect the term of any present member of the
Planning Board, all of whom shall continue in office until the completion
of the term for which they were appointed. Thereafter, all Class IV
members shall be appointed for terms of four years, except as otherwise
herein provided. All terms shall run from January 1 of the year in
which the appointment was made.
(4)
The terms of alternate members shall be two years,
except that the terms of the alternate members shall be such that
the term of not more than one alternate member shall expire in any
one year; provided, however, that in no instance shall the terms of
the alternate members first appointed exceed two years. A vacancy
occurring otherwise than by expiration of term shall be filled by
the appointing authority for the unexpired term only.
(5)
Alternate members may participate in discussions of
the proceedings, but may not vote except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
C.
Conflicts.
(1)
No member or alternate member of the Planning Board
shall be permitted to act on any matter in which he has, either directly
or indirectly, any personal or financial interest.
(2)
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by Subsection C(1) above from acting on a matter due to the member's personal or financial matter therein, regular members of the board of adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.
D.
Vacancies. If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment, as
above provided, for the unexpired term only.
E.
Removal. Any member other than a Class I member, after
a public hearing if he requests one, may be removed by the Township
Committee for cause.
F.
Organization of Board. The Planning Board shall elect
a Chairman and Vice Chairman from the members of Class IV and select
a Secretary who may be either a member of the Planning Board or a
municipal employee designated by it.
G.
Planning Board Attorney. There is hereby created the
office of Planning Board Attorney. The Planning Board may annually
appoint, fix the compensation of or agree upon the rate of compensation
of the Planning Board Attorney who shall be an attorney other than
the Township Attorney. The Board shall not expend an amount, exclusive
of gifts or grants, in excess of the amount appropriated by the Committee
for its use.
H.
Expenses, experts and staff. The Township Committee
shall make provisions in its budget and appropriate funds for the
expenses of the Planning Board. The Planning Board may employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Planning Board shall not, however, exceed, exclusive
of gifts or grants, the amount appropriated by the Township Committee
for its use.
I.
Powers and duties. The Planning Board shall adopt
such rules and regulations as may be necessary to carry into effect
the provisions and purposes of this chapter. In the issuance of subpoenas,
administration of oaths and taking of testimony, the provisions of
the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply. The Planning Board shall have the following
powers and duties:
(1)
To prepare, and after public hearing, adopt or amend
a Master Plan or component parts thereof, to guide the use of lands
within the Township in a manner which protects public health and safety
and promotes the general welfare, in accordance with the provisions
of N.J.S.A. 40:55D-28.
(2)
To administer site plan and land subdivision review
in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37
through 40:55D-59.
(3)
To grant exceptions from certain requirements for
subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.
(4)
To approve conditional use applications in accordance
with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
(5)
To consider and make report to the Township Committee
within 35 days after referral as to any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a).
The report shall include identification of any provisions in the proposed
development regulation, revision or amendment which are inconsistent
with the Master Plan and recommendations concerning these inconsistencies
and any other matters as the Board deems appropriate. The Township
Committee, when considering the adoption of a development regulation,
revision or amendment thereto, shall review the report of the Planning
Board and may disapprove or change any recommendation by a vote of
a majority of its full authorized membership and shall record in its
minutes the reasons for not following such recommendation. Failure
of the Planning Board to transmit its report within the thirty-five-day
period provided herein shall relieve the Township Committee from the
requirements of this subsection in regard to the proposed development
regulation, revision or amendment thereto referred to the Planning
Board. Nothing in this section shall be construed as diminishing the
application of the provisions of N.J.S.A. 40:55D-32 to any official
map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to
any zoning ordinance or any amendment or revision thereto.
(6)
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(7)
To assemble data on a continuing basis as part of
a continuing planning process.
(8)
To annually prepare a program of municipal capital
improvement projects over a term of six years, and amendments thereto,
and recommend same to the Township Committee pursuant to the provisions
of N.J.S.A. 40:55D-29.
(9)
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70(c).
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for
issuance of permit for building or structure in the bed of a mapped
street or public drainage way, flood control basin or public area
reserved pursuant to N.J.S.A. 40:55D-32.
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for
issuance of a permit for a building or structure not related to a
street.
|
Whenever relief is requested pursuant to this
subsection, notice of a hearing on the application for development
shall include reference to the request for a variance or direction
for issuance of a permit as the case may be.
|
(10)
Review of capital projects pursuant to N.J.S.A.
40:55D-31.
(11)
To perform such other advisory duties as are
assigned to it by ordinance or resolution of the Township Committee
for the aid and assistance of the Township Committee or other Township
bodies, agencies, or officers.
(12)
The Township Committee may, by ordinance, provide
for the reference of any matters or class of matters to the Planning
Board before final action thereon by a municipal body or municipal
officer having final authority hereon except for any matter under
the jurisdiction of the Board of Adjustment. Whenever the Planning
Board shall have made a recommendation regarding a matter authorized
by ordinance to another municipal body, such recommendation may be
rejected only by a majority of the full authorized membership of such
other body.
J.
Citizens Advisory Committee. The Mayor may appoint
one or more persons as a Citizens Advisory Committee to assist or
collaborate with the Planning Board in its duties, but such person
or persons shall have no power to vote or take other action required
by the Board. Such person or persons shall serve at the pleasure of
the Mayor.
K.
Environmental Commission. Whenever the Environmental
Commission has prepared and submitted to the Planning Board an index
of the natural resources of the municipality, the Planning Board shall
make available to the Environmental Commission an informational copy
of every application for development to the Planning Board. Failure
of the Planning Board to make such informational copy available to
the Environmental Commission shall not invalidate any hearing or proceeding.
L.
Simultaneous review. The Planning Board shall have
the power to review and approve or deny conditional uses or site plans
simultaneously with review for subdivision approval without the developer
being required to make further application to the Planning Board,
or the Planning Board being required to hold further hearings. The
longest time period for action by the Planning Board, whether it be
for subdivision, conditional use or site plan approval, shall apply.
Whenever approval of a conditional use is requested by the developer,
notice of the hearing on the plat shall include reference to the request
for such conditional use.
M.
Referrals from Zoning Board of Adjustment.
(1)
The Planning Board shall receive and act on all referrals
from the Zoning Board of Adjustment in a timely manner so that the
Zoning Board will receive the advice of the Planning Board within
45 days of the referral.
(2)
The Planning Board shall review the material referred
and may make recommendations to the Zoning Board of Adjustment in
writing and/or at the public hearing on the application. The Planning
Board's recommendations may contain the Planning Board's opinion as
to the compatibility of the proposal to the Master Plan; applications
which may have been or are currently being processed by the Planning
Board for similar uses; land use, traffic and other data relevant
to the application which the Planning Board has in its files; and
what conditions, if any, the Planning Board recommends be imposed
on the applicant to improve compatibility with the Master Plan and
this chapter should the Zoning Board of Adjustment grant the variance.
A.
Establishment. The Zoning Board of Adjustment presently
in existence pursuant to N.J.S.A. 40:55D-69 is hereby continued to
consist of seven regular members and two alternate members who shall
be residents of the Township and appointed by the Mayor and confirmed
by the Township Committee.
B.
Terms. The members of the Board of Adjustment shall
continue until their respective terms expire. Thereafter, the term
of each member shall be four years from January 1 of the year of their
appointment. The terms of members first appointed under this chapter
shall be so determined that, to the greatest practicable extent, the
expiration of such terms shall be distributed, in the case of regular
members, evenly over the first four years after their appointment
and, in the case of alternate members, evenly over the first two years
after their appointment; provided that the initial term of no regular
member shall exceed four years and that the initial term of no alternate
member shall exceed two years. Thereafter, the term of each regular
member shall be four years and the term of each alternate member shall
be two years.
C.
Alternates.
[Amended 7-26-2017 by Ord. No. 2017-16]
(1)
The Mayor may appoint and the Committee confirm four alternate members
who shall be designated at the time of their appointment as "Alternate
No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4."
Alternate members shall meet the same qualifications as regular members.
(2)
Alternate members may participate in discussions of the proceedings,
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, alternate members
shall vote in order of their numerical designations.
D.
Conflicts.
(1)
No member of the Board of Adjustment shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest. No member may hold elective office
or position under the municipality.
(2)
If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited by N.J.S.A.
40:55D-69 from acting on a matter due to the member's personal or
financial interest therein, Class IV members of the Planning Board
shall be called upon to serve, for that matter only, as temporary
members of the Board of Adjustment. The Class IV members of the Planning
Board shall be called upon to serve in order of seniority of continuous
service to the Planning Board until there are the minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between Class IV members of equal seniority,
the chairman of the Planning Board shall make the choice.
E.
Vacancies. A vacancy occurring otherwise than by expiration
of term shall be filled for the unexpired term only, as here and above
provided.
F.
Removal. A member may, after public hearing if he
requests it, be removed by the Township Committee for cause.
G.
Officers. The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall select a Secretary who
may or may not be a Board member or another municipal employee.
H.
Board of Adjustment Attorney. There is hereby created
the office of Attorney to the Zoning Board of Adjustment. The Zoning
Board of Adjustment may annually appoint, fix the compensation of
or agree upon the rate of compensation of the Zoning Board of Adjustment
Attorney, who shall be an attorney other than the Township Attorney.
The Board shall not, however, expend an amount exclusive of gifts
or grants, in excess of the amount appropriate by the Township Committee
for its use.
I.
Expenses, experts and staff. The Township Committee
shall make provision in its budget and appropriate funds for the expenses
of the Board of Adjustment. The Zoning Board of Adjustment may also
employ or contract for and fix the compensation of such experts and
other staff and services as it may deem necessary. The Board shall
not authorize expenditures which exceed, exclusive of gifts or grants,
the amount appropriated by the Township Committee for its use.
J.
Rules and regulations. The Board shall adopt such
rules and regulations as may be necessary to carry into effect the
provisions and purposes of this chapter.
K.
Powers of the Zoning Board of Adjustment.
(1)
The Board of Adjustment shall have the power to:
(a)
Hear and decide appeals where it is alleged
by the appellant that there is error in any order, requirement, decision
or refusal made by an administrative official or agency based on or
made in the enforcement of the provisions of this chapter adopted
pursuant to N.J.S.A. 40:55D-62 through 40:55D-68.
[1]
Appeals to the Board of Adjustment may be taken
by an interested party. Each appeal shall be taken within the 20 days
prescribed by N.J.S.A. 40:55D-72 by filing a notice of appeal with
the officer from whom the appeal was taken, together with three copies
of the notice with the Secretary of the Board of Adjustment. The notice
of appeal shall specify the grounds for the appeal. The officer from
whom the appeal is taken shall immediately transmit to the Board all
the papers constituting the record upon which the action appealed
from was taken.
[2]
An appeal stays all proceedings in furtherance
of the action in respect of which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Board of Adjustment after the notice of appeal shall have been filed
with him that by reason of facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life or property. In
such cases, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Adjustment or by the Superior
Court of New Jersey on application or notice to the officer from whom
the appeal is taken and on due cause shown.
[3]
The Board of Adjustment may, in conformity with
the provisions of N.J.S.A. 40:55D-1 et seq., reverse or affirm wholly
or partly or may modify the order, requirement, decision or determination
appealed from, and make such other requirement, decision or determination
as ought to be made, and to that end have all the powers of the Administrative
Officer from whom the appeal was taken.
(b)
Hear and decide requests for interpretation
of the zoning map or zoning provisions of this chapter adopted pursuant
to N.J.S.A. 40:55D-62 through 40:55D-68, or for decisions upon other
special questions upon which such Board is authorized by this chapter
to pass.
(c)
Grant, upon an application or an appeal, relief
from regulations pursuant to N.J.S.A. 40:55D-62 through 40:55D-68,
except those departures enumerated in N.J.S.A. 40:55D-70d, where:
[1]
The strict application of such regulation would
result in peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon the developer of a property for any of the
following reasons:
[a]
By reason of exceptional narrowness,
shallowness or shape of the specific piece of property; or
[b]
By reasons of exceptional topographic
conditions or physical features uniquely affecting the specific piece
of property; or
[c]
By reason of an extraordinary and
exceptional situation uniquely affecting a specific piece of property
or the structures lawfully existing thereon; or
[2]
The purposes of N.J.S.A. 40:55D-1 et seq. would
be advanced by a deviation from the zoning ordinance requirements
and the benefits of the deviation would substantially outweigh any
detriment.
(d)
Grant, upon an application or an appeal, in
particular cases and for special reasons, by affirmative vote of at
least five members, a variance to allow departures from regulations
pursuant to N.J.S.A. 40:55D-62 through 40:55D-68 to permit the following:
[1]
A use or principal structure in a district restricted
against such use or principal structure;
[2]
An expansion of a nonconforming use;
[3]
Deviation from a specification or standard pertaining
solely to a conditional use;
[4]
An increase in the permitted floor area ratio;
[5]
An increase in the permitted density except
as applied to the required lot area for a lot or lots for detached
one or two dwelling unit buildings which lot or lots are either an
isolated undersized lot or lots resulting from a minor subdivision;
or
[6]
A height of a principal structure which exceeds
by 10 feet or 10% the maximum height permitted in the district for
a principal structure.
|
No variance or other relief may be granted under
the terms of N.J.S.A. 40:55D-70d unless such variance or other relief
can be granted without substantial detriment to the public good and
will not substantially impair the intent and purpose of the zone plan
and this chapter. In respect to any airport safety zones delineated
under the Air Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A.
6:1-80 et seq.), no variance or other relief may be granted under
the terms of this section, permitting the creation or establishment
of a nonconforming use which would be prohibited under standards promulgated
pursuant to that act, except upon issuance of a permit by the Commissioner
of Transportation. An application under this section may be referred
to any appropriate person or agency, provided that such reference
shall not extend the period of time within which the Board of Adjustment
shall act.
|
(2)
The Board of Adjustment shall have the power to grant
to the same extent and subject to the same restrictions as the Planning
Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37
through 40:55D-59 or conditional use approval pursuant to N.J.S.A.
40:55D-67 whenever the proposed development requires approval by the
Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d.
The developer may elect to submit a separate application requesting
approval of the variance and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance shall be conditioned upon grant of all required
subsequent approvals by the Board of Adjustment. No such subsequent
approval shall be granted unless such approval can be granted without
substantial detriment to the public good and without substantial impairment
of the intent and purpose of the zone plan and zoning regulations.
The number of votes of the Board members required to grant any such
subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1
et seq. for the approval in question, and the special vote pursuant
to the aforesaid Subsection d of N.J.S.A. 40:55D-70 shall not be required.
(3)
The Board of Adjustment shall have the power to direct
issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building
or structure in the bed of a mapped street or public drainage way,
flood control basin or public area reserved on the Official Map.
(4)
The Board of Adjustment shall have the power to direct
issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building
or structure not related to a street.
L.
Annual report on variances heard by Zoning Board of
Adjustment. The Zoning Board of Adjustment shall, at least once a
year, review its decision on applications and appeals for variances
and prepare and adopt by resolution a report on its findings on zoning
ordinance provisions which were the subject of variance requests and
its recommendations for zoning ordinance amendment or revision, if
any. The Zoning Board shall send copies of the report and resolution
to the Township Committee and the Planning Board.
M.
Appeals from the Zoning Board of Adjustment to the
Township Committee. Any interested party may appeal to the Township
Committee any final decision of the Board of Adjustment approving
an application for development pursuant to N.J.S.A. 40:55D-70. Such
appeal shall be made and processed in accordance with N.J.S.A. 40:55D-17.
A.
Meetings.
(1)
Every municipal agency shall by its rules fix the
time and place for holding its regular meetings for business authorized
to be conducted by such agency. Regular meetings of the municipal
agency shall be scheduled not less than once a month and shall be
held as scheduled unless canceled for lack of applications for development
to process.
(2)
The municipal agency may provide for special meetings,
at the call of the Chairman, or on the request of any two of its members,
which shall be held on notice to its members and the public in accordance
with municipal regulations and N.J.S.A. 10:4-6 et seq.
(3)
No action shall be taken at any meeting without a
quorum being present.
(4)
All action shall be taken by a majority vote of members
of the municipal agency present at the meeting except as otherwise
required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and
N.J.S.A. 40:55D-17e, 40:55D-26a and b and 40:55D-70d. Failure of a
motion to receive the number of votes required to approve an application
for development shall be deemed an action denying the application.
Nothing herein shall be construed to contravene any act providing
for procedures for governing bodies.
(5)
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meeting Law,
N.J.S.A. 10:4-6 et seq.
(6)
An executive session for the purpose of discussing
and studying any matters to come before the agency shall not be deemed
a regular or special meeting within the meaning of N.J.S.A. 40:55D-1
et seq.
B.
Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the municipal agency and of the persons appearing by
attorney, the action taken by the municipal agency, the findings,
if any, made by it and reasons therefor. The minutes shall thereafter
be made available for public inspection during normal business hours
at the office of the Administrative Officer (Planning Board or Board
of Adjustment Secretary). Any interested party shall have the right
to compel production of the minutes for use as evidence in any legal
proceedings concerning the subject matter of such minutes. Such interested
party may be charged a reasonable fee for reproduction of the minutes
in an amount sufficient to cover the cost of such reproduction of
the minutes for his use.
C.
Hearings.
(1)
Required hearings. The Planning Board and Zoning Board
of Adjustment shall hold a hearing on each application for development.
(2)
Rules for conducting hearings. The Planning Board
and Board of Adjustment shall make rules governing the conduct of
hearings before such bodies which rules shall not be inconsistent
with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
(3)
Filing of documents. Any maps and documents for which
approval is sought at a hearing shall be on file and available for
public inspection at least 10 days before the date of the hearing
during normal business hours in the office of the Administrative Officer
(Planning Board or Board of Adjustment Secretary). The applicant may
produce other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
(4)
Oaths. The officer presiding at the hearing or such
person as he may designate shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, N.J.S.A. 2A:67A-1 et seq. shall apply.
(5)
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witness.
(6)
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(7)
Verbatim recording. The municipal agency shall provide
for the verbatim recording of the proceedings by either a stenographer
or by mechanical or electronic means. The municipal agency shall furnish
a transcript or duplicate recording in lieu thereof, on request to
any interested party at his expense, provided that the Township Committee
may provide by ordinance for the municipality to assume the expense
of any transcripts necessary for approval to the Township Committee
pursuant to N.J.S.A. 40:55D-17 of decisions by the Zoning Board of
Adjustment pursuant to N.J.S.A. 40:55D-70d, up to a maximum amount
as specified by the ordinance.
(8)
Transcript charge. The municipal agency in furnishing
a transcript of the proceeding to an interested party at his expense
shall not charge such interested party more than the maximum permitted
in N.J.S.A. 2A:11-15 as amended.[1] The transcript shall be certified in writing by the transcriber
to be accurate.[2]
(9)
Voting eligibility. A member or alternate member of
a municipal agency who was absent for one or more of the meetings
at which a hearing was held shall be eligible to vote on the matter
upon which the hearing was conducted, notwithstanding his or her absence
from one or more of the meetings; provided, however, that such Board
member or alternate member has available to him or her the transcript
or recordings of all of the hearing from which he or she was absent,
and certifies in writing to the municipal agency that he or she has
read such transcript or listened to such recording.
D.
Notice requirements for hearing. Whenever public notice
of a hearing is required on an application for development, the applicant
shall give notice thereof at least 10 days prior to the date of the
hearing in accordance with the following:
(1)
Public notice of a hearing on an application for development
shall be given for all of the following:
(a)
Appeal or variance pursuant to N.J.S.A. 40:55D-70.
(b)
Directive for issuance of a building permit
pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
(c)
Conditional uses pursuant to N.J.S.A. 40:55D-67.
(d)
Preliminary major subdivision plats.
(e)
Preliminary major site plans.
(f)
General development plan.
(g)
Final major site plan pursuant to N.J.S.A. 40:55D-50.
[Added 7-26-2006 by Ord. No. 2006-05]
(2)
Public notice shall be given by publication in the
official newspaper of the Township, if there be one, or in a newspaper
of general circulation in the Township.
(3)
Manner of giving notice.
(a)
Notice of a hearing requiring public notice
shall be given to the owners of all real property as shown on the
current tax duplicate or duplicates located within 200 feet in all
directions of the property which is the subject of such hearing, provided
that this requirement shall be deemed satisfied by notice to:
(b)
Notice shall be given by:
(c)
Notice to a partnership owner may be made by
service upon any partner. Notice to a corporate owner may be made
by service upon its president, a vice president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Notice to a condominium association, horizontal
property regime, community trust or homeowners' association, because
of its ownership of common elements or areas located within 200 feet
of the property which is the subject of the hearing, may be made in
the same manner as to a corporation without further notice to unit
owners, co-owners, or homeowners on account of such common elements
or areas.
(4)
Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality, which notice shall be in addition to the notice
required to be given to the owners of lands in such adjoining municipality
which are located within 200 feet of the subject premises.
(5)
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on all applications
for development of property adjacent to an existing county road or
proposed road shown on the official County Map or on the County Master
Plan, adjoining other county land or situated within 200 feet of a
municipal boundary.
(6)
Notice shall be given by personal service or certified
mail to the Commissioner of the New Jersey Department of Transportation
of a hearing on any application for development of property adjacent
to a state highway.
(7)
Notice shall be given by personal service or certified
mail to the State Planning Commission of any hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. The notice shall include a copy of any maps or documents required
to be on file with the Administrative Officer pursuant to N.J.S.A.
40:55D-10b.
(8)
Notice to public utilities and cable television companies
shall be provided as follows: Notice of hearings on applications for
approval of a major subdivision or a site plan not defined as a minor
site plan requiring public notice pursuant to this chapter shall be
given, in the case of a public utility, cable television company,
or local utility which possesses a right-of-way or easement within
the municipality and which have registered with the municipality in
accordance with Section 5 of P.L. 1991, c. 412 (N.J.S.A. 40:55D-12),
by:
(a)
Serving a copy of the notice on the person whose
name appears on the registration form on behalf of the public utility,
cable television company, or local utility; or
(b)
Mailing a copy thereof by certified mail to
the person whose name appears on the registration form at the address
shown on that form.
(9)
The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing on the application
for the development in the event that the applicant is required to
give notice pursuant to N.J.S.A. 40:55D-12 and of this chapter.
(10)
Any notice made by certified mail as hereinabove
required shall be deemed to be complete upon mailing in accordance
with the provisions of N.J.S.A. 40:55D-14.
(11)
Form of notice. All notices required to be given
pursuant to the terms of this chapter shall state the date, time and
place of the hearing, the nature of the matters to be considered and
identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the Township Tax Assessor's office
and the location and times at which any maps and documents for which
approval is sought are available for public inspection as required
by law.
(13)
List of property owners furnished. Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this chapter. In addition, the Tax Assessor shall include on the list the names, addresses and position of those persons who, no less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection D(8) above, notice to the public utilities, local utilities and cable television companies. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee shall be charged for such list.
E.
Decisions. Each decision on any application for development
shall be reduced to writing and shall include findings of facts and
conclusions based thereon.
(1)
Reduction to writing.
(a)
Reduction to writing shall be accomplished through:
[1]
A resolution adopted at a meeting held within
the applicable time period for taking action on the application for
development; or
[2]
A resolution adopted at a meeting held not later
than 45 days after the date of the meeting at which action to grant
or deny approval was taken memorializing the action.
(b)
Where the agency fails to adopt a resolution,
any interested party may apply to Superior Court in a summary manner
for an order compelling the agency to reduce its findings and conclusions
to writing within a stated time and the cost of the application, including
attorney's fees, shall be assessed against the municipality.
(2)
The following members shall be eligible to vote on
the resolution:
(a)
Where the action taken resulted from the failure
of a motion to approve an application those members voting against
the motion for approval shall be the members eligible to vote on the
resolution.
(b)
In all other circumstances, only the members
who voted for the action taken shall be eligible to vote on the resolution.
(3)
The following shall apply to adoption of the resolution:
(a)
The vote on a resolution shall be deemed to
be a memorialization of the action of the agency and not to be an
action of the agency.
(b)
The vote of a majority of those eligible members
who are present at the meeting at which the resolution is presented
for adoption shall be sufficient to adopt the resolution.
(c)
The date of the adoption of the resolution shall
constitute the date of the decision for purposes of the mailings,
filings, and publications required.
(4)
Copies of the decision shall be distributed by the
Administrative Officer (Planning Board or Board of Adjustment Secretary)
as follows:
(a)
A copy shall be mailed within 10 days of the
date of decision to the applicant, or if represented then to his attorney,
without separate charge.
(b)
A copy shall be filed in the office of the Administrative
Officer and be made available for public inspection during reasonable
hours.
(c)
A copy shall be made available to any interested
party for a reasonable fee in an amount sufficient to cover the cost
of such copy.
(5)
A brief notice of the decision shall be published
in the official newspaper(s) of the Township.
(a)
Such publication shall be arranged and proof
of publication shall be obtained by the Administrative Officer (Planning
Board or Board of Adjustment Secretary). The period of time in which
an appeal of the decision may be made shall run from the first publication
of the decision.
(b)
Such notice shall be published within 30 days
of the date of decision, or 20 days of the date of mailing of a copy
of the decision by the Administrative Officer (Planning Board or Board
of Adjustment Secretary), whichever is later, or within such other
appropriate period as may be determined by the municipal agency at
the time of decision.
(c)
Failure to publish as herein required shall
render any approvals null and void.
F.
Conditional approvals.
(1)
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by legal action instituted by any state agency,
political subdivision or other party to protect the public health
and welfare or by a directive or order issued by any state agency,
political subdivision or court of competent jurisdiction to protect
the public health and welfare, the municipal agency shall process
such application for development in accordance with the provisions
of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application
for development complies with the provisions of this chapter, the
municipal agency shall approve such application conditioned on removal
of such legal barrier to development.
(2)
In the event that development proposed by an application
for development requires an approval of a governmental agency other
than the municipal agency, the municipal agency shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the municipal agency shall
make a decision on any application for development within the time
period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within
an extension of such period as has been agreed to by the applicant
unless the municipal agency is prevented or relieved from so acting
by the operation of law. Any significant change required by a regulatory
agency will require resubmission for municipal agency approval.
(3)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, in the
case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site
plan, the municipal agency shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
(4)
The municipal agency may impose such other conditions
as it deems appropriate.
(5)
In all cases the municipal agency shall include a
condition of approval setting forth the time within which all conditions
of approval must be satisfied by the applicant. Failure of the applicant
to meet all conditions of approval within the time specified or within
such extensions thereof as the municipal agency may, from time to
time, grant upon the request of the applicant shall render any approvals
null and void.
G.
Tolling of running of period of approval. In the event
that, during the period of approval heretofore or hereafter granted
to an application for development, the developer is barred or prevented,
directly or indirectly, from proceeding with the development otherwise
permitted under such approval by a legal action instituted by any
state agency, political subdivision or other party to protect the
public health and welfare or by a directive or order issued by any
state agency, political subdivision or court of competent jurisdiction
to protect the public health or welfare and the developer is otherwise
ready, willing and able to proceed with the development, the running
of the period of approval shall be suspended for the period of time
the legal action is pending or such directive or order is in effect.
H.
Payment of taxes. Pursuant to the provisions of N.J.S.A.
40:55D-39 and N.J.S.A. 40:55D-65, every application for development
submitted to the Planning Board or to the Zoning Board of Adjustment
shall be accompanied by proof that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of such application; or if it is shown that taxes or assessments are
delinquent on the property, any approvals or other relief granted
by either Board shall be conditioned upon either the prompt payment
of such taxes or assessments, or the making of adequate provision
for the payment thereof in such manner that the municipality will
be adequately protected.
I.
Time for decision. After the date an appeal is taken
from the decision of a municipal officer or the submission of a complete
application for development to the Administrative Officer, the approving
authority shall render its decision within the maximum number of days
as specified below or within such further time as may be consented
to by the applicant. Where more than one type of application is involved,
the longer time period shall apply.
|
Type of Application
|
Time Period
(days)
| |||
|---|---|---|---|---|
|
Site plans
| ||||
|
Minor
|
45
| |||
|
Preliminary approval
|
45
| |||
|
(10 acres or less, 10 units or less)
| ||||
|
Preliminary approval
|
95
| |||
|
(more than 10 acres or 10 units)
| ||||
|
Final approval
|
45
| |||
|
Subdivisions
| ||||
|
Minor
|
45
| |||
|
Preliminary approval
|
45
| |||
|
(10 lots or less)
| ||||
|
Preliminary approval
|
95
| |||
|
(more than 10 lots)
| ||||
|
Final approval
|
45
| |||
|
Conditional use authorization
|
95
| |||
|
Variance
|
120
| |||
|
Appeal from the decision of a municipal officer
|
120
| |||
|
Direction for issuance of a building permit
|
120
| |||
|
General development plan
|
95
| |||
J.
Separation of applications. A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in Subsection H above.
K.
Time for exercise of variance. Any variance from the
terms of any ordinance hereafter granted permitting the erection or
alteration of any building, structure or structures or permitting
a specified use of any premises, shall expire by limitation, unless
such construction or alteration shall have been actually commenced
on each and every structure permitted by the variance, or unless such
permitted use has actually been commenced within 12 months from the
date of entry of the decision provided, however, that the running
of the period of limitation herein provided shall be suspended from
the date of filing and appeal from the decision to the Township Committee
or to a court of competent jurisdiction until the termination in any
manner of such appeal or proceeding. Where the variance is part of
a subdivision or site plan approval, the period of limitation shall
coincide with the approval specified in Article IV.
A.
Zoning permit.
[Amended 5-25-2005 by Ord. No. 2005-16]
(1)
Zoning permits or approval shall hereafter be secured
from the Zoning Officer prior to:
(a)
Application for and/or issuance of any building
permit except for minor work or ordinary repairs as defined in the
Uniform Construction Code.
(b)
The erection, construction, alteration, repair,
remodeling, conversion, removal or destruction of any building or
structure.
(c)
Application for and/or issuance of any permit
for a new or expanded or relocated sign.
(d)
Application for and/or issuance of any permit
for erection of a fence.
(e)
Any change in use or change in nonresidential
occupancy.
(f)
The excavation, removal, or addition of soil
or fill to or from any site exceeding 20 cubic yards or any alteration
exceeding 5,000 square feet in the natural condition of any undeveloped
parcel of land, including but not limited to the alteration of drainage
patterns, removal of soil, regrading, and removal of trees and ground
cover; provided, however, that such alterations located on and necessary
to the operation of a farm as defined in this chapter shall not require
a zoning permit.
[Amended 6-10-2020 by Ord. No. 2020-09]
(g)
Any use of any portion of any parcel of land
for any activity regulated by this chapter.
(h)
The construction of any site improvement either
above or below ground.
(i)
The issuance of any certificate of occupancy
where no building permit was previously required.
(2)
An application for zoning permit shall be in writing
by the owner or his authorized agent and include the following unless
the Administrative Officer determines that a particular item is not
needed in order to make a decision:
(a)
A statement of the use or intended use or uses
of the building, structure or land.
(b)
An elevation drawn to scale of the building
or structure to be erected including signs to be placed thereon and
their content and manner of construction.
(c)
A plan drawn to scale no smaller than one inch
equals 50 feet showing all proposed and/or existing buildings, signs,
parking areas, setbacks, and yard distances in exact location to street
and lot lines. The plan should be prepared by a New Jersey licensed
engineer, surveyor, architect or planner or be based on a plan prepared
by the same.
(d)
The proportion of existing and proposed lot
coverage.
(e)
The location of any wetlands, easements, or
floodplains.
(f)
Should the Zoning Officer determine that the work proposed would
substantially alter the existing grading or drainage of the property,
a grading and drainage plan showing all proposed and/or existing buildings,
signs, parking areas, setbacks, and yard distances in exact location
in relation to street and lot lines may be required prior to the issuance
of a zoning permit. The plan shall be submitted to the Township Engineer
for review and approval. An engineering review fee of $200 shall be
paid by the applicant for the initial review, and a review fee of
$100 shall be paid for each review of a revised plan. The plan should
be prepared by a New Jersey licensed engineer, surveyor, architect
or planner or be based on a plan prepared by the same.
[Added 12-19-2013 by Ord. No. 2013-11]
(3)
The Zoning Officer shall take action on a complete
application for a zoning permit or approval within 10 days of its
submission.
(4)
Prior to issuance of a zoning permit, the applicant
shall have, where applicable, secured all other required permits including,
but not limited to:
(a)
Access permit from the New Jersey Department
of Transportation and/or Monmouth County Highway Department.
(b)
Drainage permits from the New Jersey Department
of Transportation and/or Monmouth County Highway Department.
(c)
Stream encroachment permit from the New Jersey
Department of Environmental Protection.
(d)
Wetlands permit from the New Jersey Department
of Environmental Protection.
(e)
Sewerage and/or industrial waste treatment permit
from the New Jersey Department of Environmental Protection.
(f)
Land disturbance permit from the Freehold Area
Soil Conservation District.
(5)
Prior to the issuance of a zoning permit, the applicant
shall have secured all approvals required by this chapter, posted
and made current all escrow and inspection fees, and shall have met
any and all conditions of any municipal agency approval.
(6)
The zoning permit fees shall be $100 for the following,
except as otherwise noted:
[Amended 9-9-2015 by Ord.
No. 2015-13; 7-10-2019 by Ord. No. 2019-11; 4-27-2022 by Ord. No. 2022-04]
(a)
Residential alterations/additions;
(b)
Decks;
(c)
Certificate of continued occupancy;
(d)
Certificate of nonconformity;
(e)
Fences;
(f)
Sheds;
(g)
Ornamental landscape structures;
(h)
Pools;
(i)
Driveways;
(j)
Patios/flat work;
(k)
Garage/yard sales: $20;
(l)
Accessory structures;
(m)
Sports courts;
(n)
Tennis courts;
(o)
Demolition;
(p)
Excavation, removal or addition of soil or fill
exceeding 10 cubic yards, or alteration exceeding 5,000 square feet
on any undeveloped parcel of land;
(q)
Temporary sales of outdoor holiday items or
trees;
(r)
Temporary trailers;
(s)
Generators.
(t)
The minimum zoning fee for anything not specifically
listed above which may be subject to zoning review and/or permit shall
be $100.
B.
Certificates as to approval of subdivision of land.
(1)
The prospective purchaser, prospective mortgagee,
or any other person interested in any land which forms part of a subdivision,
or which formed part of such a subdivision three years preceding the
effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing
to the Administrative Officer for issuance of a certificate certifying
whether or not such subdivision has been approved by the Planning
Board. Such application shall contain a diagram showing the location
and dimension of the land to be covered by the certificate and the
name and the owner thereof.
(2)
The Administrative Officer shall make and issue such
certificate within 15 days after the receipt of such written application
and the fees therefor. The officer shall keep a duplicate copy of
each certificate, consecutively numbered, including a statement of
the fee charged, in a binder as a permanent record of his office.
(3)
Each such certificate shall be designated as "Certificate
as to Approval of Subdivision of Land," and shall certify:
(a)
Whether there exists in the Township a duly
established Planning Board and whether there is an ordinance controlling
subdivision of and adopted under the authority of N.J.S.A. 40:55D-1
et seq.
(b)
Whether the subdivision, as it relates to the
land shown in the application, has been approved by the Planning Board,
and, if so, the date of such approval and any extensions and terms
thereof, showing the subdivision of which the lands are a part is
a validly existing subdivision.
(c)
Whether such subdivision, if the same has not
been approved, is statutorily exempt from the requirement of approval
as provided by N.J.S.A. 40:55D-1 et seq.
(4)
The Administrative Officer shall be entitled to demand
and receive for such certificate issued by him a reasonable fee in
accordance with the fee schedule.
(5)
Any person who shall acquire for a valuable consideration
an interest in the lands covered by such certificates of approval
of a subdivision in reliance upon the information therein contained
shall hold such interest free of any right, remedy or action which
could be prosecuted or maintained by the Township pursuant to the
provisions of N.J.S.A. 40:55D-55.
(6)
If the Administrative Officer designated to issue
any such certificate fails to issue the same within 15 days after
receipt of an application and the fees therefor, any person acquiring
an interest in the lands described in such application shall hold
such interest free of any right, remedy or action which could be prosecuted
or maintained by the Township pursuant to N.J.S.A. 40:55D-55.
(7)
Any such application addressed to the Township Clerk
shall be deemed to be addressed to the proper designated officer and
the Township shall be bound thereby to the same extent as though the
same was addressed to the designated official.
C.
Construction permit.
(1)
No construction permit shall be issued unless the
applicant shall have first secured a zoning permit or approval and
posted all required escrows and fees.
[Amended 5-25-2005 by Ord. No. 2005-16]
(2)
No building or structure shall be erected, added to,
or structurally altered until a permit thereon has been issued by
the Construction Official. All applications for such permits shall
be in accordance with the requirements of the New Jersey State Uniform
Construction Code (N.J.A.C. 5:23-2.14).
D.
Certificate of occupancy.
(1)
Zoning permit required. No certificate of occupancy
shall be issued for the use of any building, structure or land unless
a zoning permit or approval shall have first been issued for the use
of such building, structure, or land and all fees and escrows associated
with the zoning permit are posted and current.
[Amended 5-25-2005 by Ord. No. 2005-16]
(2)
Uses and occupancies after the effective date of this
chapter. No building, structure or land shall be occupied or used
until such time as a certificate of occupancy is issued by the Construction
Official.
(a)
Such certificates shall be issued upon application
by the owner, prospective occupant, or purchaser only after the Construction
Official determines that the facts represented on the application
are correct and that the building, structure or use is in conformance
with the provisions of the Uniform Construction Code and other codes
and ordinances affecting construction and occupancy, including a favorable
report from the Township Engineer as to public improvements, quasi-public
improvements, site access, grading, and other conditions subject to
engineering inspection.
(b)
Temporary certificate of occupancy may be issued
pursuant to the provisions of this chapter for any structure or use
for which site plan approval has been secured, but not all conditions
of approval have been complied with.
(3)
Existing uses at the time of passage of this chapter
or any amendments thereto. The prospective purchaser, prospective
mortgagee, or any other person interested in any land or structure
may apply in writing for the issuance of a certificate certifying
that the use or structure legally existed before the adoption of the
ordinance or the amendment and certifying the extent and kind of use.
The applicant shall have the burden of proof. Application pursuant
hereto shall be made to the Zoning Officer within one year of the
adoption of the chapter or the amendment or at any time to the Board
of Adjustment and shall be accompanied by the established fee. A denial
by the Zoning Officer shall be appealable to the Board of Adjustment
pursuant to N.J.S.A. 40:55D-72 et seq.
(4)
Change of nonresidential occupancy. Whenever there occurs a change in the occupancy or use of a nonresidential building, structure or land, a new certificate of continued occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such certificate if the Administrative Officer determines such change in occupancy is not a "change in use," as defined in subsection 95-2.4 of this chapter, and that the applicant has met the requirements of the applicable regulations.
(5)
Scope of certificate of continued occupancy. The certificate
of continued occupancy shall contain sufficient information as to
the extent and kind of use or uses, such that any future investigation
of the premises would disclose the extent to which a use was altered.
It shall also indicate whether such use is a permitted or nonconforming
use and the extent to which the use does not conform to the provisions
of this chapter.
[Amended 12-12-2018 by Ord. No. 2018-14; 4-24-2019 by Ord. No. 2019-08]
(a)
In the event that a noncompliant feature exists and the owner
wishes to sell the property, if the owner can demonstrate that said
noncompliance has existed for at least 10 years and the purchaser
offers a written statement acknowledging the noncompliance and certifies
that it will not be expanded, a certificate of continued occupancy
may be issued by the Construction and Zoning Offices. In the event
that the noncompliant feature is modified, it shall be brought into
compliance with the applicable provisions of this chapter.
(b)
A certificate of continued occupancy does not constitute a certification
of a preexisting nonconforming use which can only be obtained in accordance
with the provisions of N.J.S.A. 40:55D-68.
(6)
Improvement required. No permanent certificate of
occupancy shall be issued until all required improvements have been
installed in accordance with the provisions of this chapter as reported
to the Construction Official by the Township Engineer. A temporary
certificate of occupancy may be issued to permit occupancy for a period
not to exceed one year. If at the end of that period the required
improvements have not been completed, the occupancy permit becomes
null and void and the owner may be subject to the penalties herein
defined by this chapter.
E.
Certificate of continued occupancy.
[Added 12-18-2019 by Ord.
No. 2019-20[1]]
(1)
Change of nonresidential occupancy. Whenever there occurs a change in the occupancy or use of a nonresidential building, structure or land, a new certificate of continued occupancy shall be applied for to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such a certificate if the Administrative Officer determines such change in occupancy is not a "change in use," as defined in § 95-2.4 of this chapter, and that the applicant has met the requirements of the applicable regulations.
(a)
The certificate of continued occupancy shall contain sufficient
information as to the extent and kind of use or uses, such that any
future investigation of the premises would disclose the extent to
which a use was altered. It shall also indicate whether such use is
a permitted or nonconforming use and the extent to which the use does
not conform to the provisions of this chapter.
(2)
Change of residential ownership. An application for a certificate
of continued occupancy pertaining to the transfer of ownership of
a residential structure shall be accompanied by a survey, prepared
by a New Jersey licensed engineer or surveyor, which includes all
easements of record, certified to the property owner and dated within
six months of the date of application. The survey shall be drawn to
a scale no smaller than one inch equals 50 feet and shall show the
setbacks to all existing structures and improvements, sight triangles,
parking areas, wetlands, floodplains and yard distances in exact location
to street and lot lines. The property owner shall also provide a certification
that no changes have been made to the property since the date of the
survey or detailing any changes to the property since the date of
the survey.
[Amended 6-10-2020 by Ord. No. 2020-09; 9-13-2023 by Ord. No. 2023-16]
(a)
The zoning certificate of continued occupancy shall contain
sufficient information as to the extent and kind of use or uses, including
all accessory uses and structures, such that any future investigation
of the premises would disclose the extent to which a use or structure
was altered. It shall also indicate whether such use is a permitted
or nonconforming use and the extent to which the property does not
conform to the provisions of this chapter.
(b)
In the event that a noncompliant feature exists, and the owner
wishes to sell the property, if the owner can demonstrate that said
noncompliance has existed for least 10 years and the purchaser submits
a written statement acknowledging the noncompliance and certifies
that it will not be expanded, a certificate of continued occupancy
may be issued by the Zoning Officer. In the event that the noncompliant
feature is later modified, it shall be brought into compliance with
the applicable provisions of this chapter.
(c)
A certificate of continued occupancy does not constitute a certification
of a preexisting nonconforming use which can only be obtained in accordance
with the provisions of N.J.S.A. 40:55D-68.
[1]
Editor's Note: This ordinance also redesignated former Subsection
E as Subsection G.
F.
Improvements required. No permanent certificate of occupancy for
new construction shall be issued until all required improvements have
been installed in accordance with the provisions of this chapter as
reported to the Construction Official or the Zoning Officer by the
Township Engineer. A temporary certificate of occupancy may be issued
to permit occupancy for a period not to exceed one year. If at the
end of that period the required improvements have not been completed,
the temporary occupancy permit becomes null and void and the owner
may be subject to the penalties defined by this chapter.
[Added 12-18-2019 by Ord.
No. 2019-20]
G.
Soil erosion and sediment control plan certification. Where required, a soil erosion and sediment control plan certification shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a development permit shall have first been issued for the subdivision, building, structure or use. See Chapter 192, Soil Erosion and Sediment Control, for details of the certification process.
A.
Records kept by Administrative Officer. It shall be
the duty of the Administrative Officer or his designee to keep a record
of all applications, all actions of the municipal agencies, all complaints,
all violations noted and a record or any action taken thereon and
all development permits issued together with a notation of all special
conditions involved. He shall file and safely keep all copies of all
plans submitted, and the same shall form a part of the records of
his office and shall be available for the use of the Township Committee
and of other officials of the Township.
B.
Monthly report of Administrative Officer. The Administrative
Officer or his designee shall prepare a monthly report for the Township
Committee, summarizing for a period since his last previous report
all development permits issued and all complaints of violations and
the action taken by him consequent thereon. A copy of each such report
shall be filed with the Township Administrator, Tax Assessor, Planning
Board, Zoning Board of Adjustment, Code Enforcement Officer, Construction
Official and Engineer at the same time it is filed with the Township
Committee.
The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Zoning Officer,
who shall have such powers as are conferred by this chapter, and as
reasonably may be implied. In no case shall a development permit be
granted for a subdivision or the construction of or alteration of
any building or site where the proposed construction, alteration or
use thereof would be in violation of any provisions of this chapter.
It shall be the duty of the Zoning Officer or his designee to cause
any building, plans or premises to be inspected or examined and to
order in writing the remedying of any conditions found to exist in
violation of this chapter, and the Officer shall have the right to
enter any buildings or premises during the daytime, or other normal
business hours of the premises, in the course of performing these
duties.
In the application and interpretation of this
chapter, all provisions hereof shall be held to be minimum standards
or requirements adopted for the promotion of the public health, safety,
convenience, and general welfare of the Township. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the most restrictive
of those imposing the higher standard shall govern.
Former Chapter 130, Land Use and Development,
and Chapter 184, Signs,[1] are hereby repealed in their entirety and any portions
of other ordinances which contain provisions inconsistent with this
chapter are hereby repealed to the extent of such inconsistency, except
as provided, and, except that any building permit, variance, special
use permit, occupancy permit or other permit validly issued pursuant
to any such ordinance shall remain valid and effective and shall continue
to be governed by the terms and conditions of such ordinance.
[1]
Editor's Note: Chapters 130 and 184 appeared
as such in the 1993 Code of the Township of Manalapan.
A.
For any and every violation of the provisions of this
chapter, the applicant, subdivider, developer, owner, general agent
or contractor of a building or premises where such violation has been
committed or shall exist, and the lessee or tenant of an entire building
or entire premises where such violations have been committed or shall
exist, and the owner, general agency, contractor, lessee or tenant
of any part of a building or premises in which part such violation
has been committed or shall exist, and the general agent, architect,
building contractor or any other person who commits, takes part or
assists in such violation or who maintains any building or premises
in which any such violation shall exist, shall, for each and every
day that such violation shall exist, shall for each and every day
that such violation continues, be subject to a fine of not more than
$1,000 or be imprisoned for a term not exceeding 90 days, or both.
B.
It shall be a violation of the provisions of this
chapter to:
(1)
Engage in any of the activities referred to in § 95-3.4A prior to issuance of a development permit.
(3)
Engage in any of the activities referred to in § 95-7.3A(1), (2) and (3) prior to issuance of a development permit.
(4)
After approval of a development permit, fail to follow,
during construction, the approved site or subdivision plans and/or
observe any and all conditions of approval contained in any resolution
of the municipal agency.
(5)
Fail to observe the provisions of Article VII.
(6)
Fail to observe any direction of the Administrative
Officer or his designee with regard to the suspension of any work
not in conformance with approved plans or the conditions of any resolution
of the municipal agency or of the development permit.
(7)
Fail to observe any direction of the Administrative
Officer or his designee with regard to the correction, including any
time limits imposed for such correction, of any work not in conformance
with the approved plans or the conditions of any resolution of the
municipal agency or of the development permit.
(8)
After completion of a development, fail to operate
and maintain the site in conformance with the approved plans, any
condition of resolution of the municipal agency or of the development
permit and/or any of the provisions or applicable design standards
set forth in Articles VII, VIII and IX of this chapter. The above
shall not be construed to be an exhaustive list of those activities
or actions or omissions which constitute violations of this chapter.
Engaging in other activities prohibited by, or failure to engage in
other activities required by, this chapter shall also be considered
violations.
C.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which municipal approval is required by this chapter pursuant
to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty
not to exceed $1,000 and each lot so made may be deemed a separate
violation.
(1)
In addition to the foregoing, the municipality may
institute and maintain a civil action:
(2)
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land, from which
the subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
D.
If, after final approval, it is discovered that there
was any misrepresentation of any statements or proofs contained in
any plat or in any application for approval or in any representations
made to induce approval, the municipal agency or the Township Committee
may, in addition to such other sanctions as are available in the law,
revoke the approval of any plat and proceed as if final approval had
not been obtained.
E.
If the developer or agent of the developer shall,
after notification by certified mail from the Zoning Officer or Township
Engineer to cease the construction of improvements, cease the use
of certain construction methods and procedures, or cease the use of
or lack of use of site maintenance methods and procedures which may
result in hazards to life, health or property; continue to carry on
the activities specifically included in cessation order(s) from the
Zoning Officer or Township Engineer; then any such developer or agent
of such developer shall be subject to a fine not to exceed $500 or
to imprisonment for not more than 90 days. Each and every day that
a developer or agent of a developer operates in violation of this
chapter after issuance of a cessation order shall be considered a
separate and specific violation.
All amendments to this chapter and to the Zoning
Map, which forms a part hereof, shall be adopted in accordance with
the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented.
The map and schedule of area, yard and building requirements may be
amended and supplemented by description and reference thereto, without
republication of the entire map or detailed test of the schedule.
If any section, paragraph, subdivision, clause
or provision of this chapter shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause or
provision so adjudged, and the remainder of this chapter shall be
deemed valid and effective.
A.
Effect on new applications. After the effective date of this chapter, all new applications, and any pending applications which have not been approved, shall be subject to all the provisions of this chapter, except as provided by Subsection B.
B.
Effect on pending applications.
(1)
If the provisions of this chapter cause there
to be a change in the classification of a pending application or require
additional variances or result in greater deviations from the standards
for a pending variance application, the pending application shall
be denied. The applicant may submit a new application subject to all
the provisions of this chapter.
(2)
If the provisions of this chapter require additional
design exceptions or waivers or create greater deviations from standards
for a pending design waiver or design exception, the pending application
shall be considered denied, and the Administrative Officer shall so
notify the applicant. However, the pending application may be continued,
provided that:
(a)
The applicant submits within 30 days of the
effective date of this chapter an amended application including a
statement justifying the waivers or exceptions; and
(b)
The Board shall be required to act within 60
days of the effective date of this chapter or within the time limits
originally applicable to the pending application, whichever is later.
(3)
If the provisions of this chapter do not cause
there to be a change in the classification of a pending application
or require additional variances or result in greater deviations from
the standards for a pending variance application or require additional
design exceptions or waivers or create greater deviations from standards
for a pending design waiver or exception application, the pending
application may be continued subject to the provisions of the regulations
in effect prior to the adoption of this chapter and to the time limits
originally applicable to the pending application.
C.
Approvals granted after the effective date of this
chapter. All approvals granted after the effective date of this chapter
shall confer upon the applicant all the rights set forth in this chapter.
Upon adoption of this chapter, and any amendments,
the Township Clerk shall file a copy with the Monmouth County Planning
Board as required by N.J.S.A. 40:55D-16. Any zoning ordinance or amendment
or revision which in whole or in part is inconsistent with or not
designed to effectuate the land use plan element and housing plan
element of the Master Plan shall not take effect until a copy of the
resolution required by N.J.S.A. 40:55D-62 shall be filed with the
Monmouth County Planning Board.
[Amended by Ord. No. 95-12; Ord. No. 95-20, Ord. No. 95-21; Ord. No. 98-21; Ord. No. 2000-07; 5-25-2005 by Ord. No. 2005-16; 9-9-2015 by Ord. No. 2015-13; 4-24-2019 by Ord. No. 2019-06]
A.
Fees due at time of filing. The fees, escrow deposits and other charges
contained in this section shall be due and payable to the Township
of Manalapan at the time of filing the application for development
or appeal. Prior to the Planning Board, Zoning Board of Adjustment
or Township Committee rendering a decision on an application for development
or appeal, the Secretary or Clerk of the Board or of the Committee
shall certify on the record that all of the required fees, deposits
required and other charges have been paid. If not previously paid,
the Board or Committee shall not render a final decision granting
the relief requested until the applicant or appellant has paid the
required deficient fees or given his assurance of payment to the Board
or Committee in a form satisfactory to the Board or Committee.
B.
All fees and escrow deposits set forth herein are for various application
types, and if an application has a request for approval of more than
one type, the fee to be paid shall be equal to the sum of the fee
for each type of relief sought or application made.
(1)
Minor subdivision and major subdivision application fees shall
be as follows:
(b)
Preliminary major subdivision. The fee shall be $1,000 plus
$100 per unit.
(c)
The fee for final major subdivision approval shall be 1/2 of
the preliminary major subdivision application fee.
(d)
The fee for an extension of time of a minor subdivision, preliminary
or final major subdivision shall be $500.
[Amended 6-10-2020 by Ord. No. 2020-09]
(e)
The fee for an amended minor subdivision or amended preliminary
or final major subdivision shall be 1/2 of the original filing fee.
(f)
The fee for a waiver pursuant to N.J.S.A. 40:55D-51 that is
requested as part of the application: $150 for first waiver, $50 for
each additional waiver.
(2)
Site plan application fees are as follows:
(a)
Minor site plan or preliminary major site plan application.
[1]
Nonresidential use. A fee shall be paid at the time of filing
an application for site plan approval as follows:
[a]
Five hundred dollars for change of use and/or any
site improvements not including building addition.
[b]
Seven hundred fifty dollars for any application
proposing a new building or addition to an existing building having
a gross floor area of less than 5,000 square feet.
[c]
One thousand five hundred dollars for any application
proposing a new building or addition to an existing building having
a gross floor area of 5,000 square feet or more but less than 10,000
square feet.
[d]
For applications proposing a new building larger
than 10,000 square feet or an addition to an existing building having
a gross floor area of 10,000 square feet or more: $1,500, plus $375
for each 5,000 square feet or fraction thereof of building or addition.
[2]
Residential use fee shall be $750, plus $50 per unit up to 500
units and $20 per unit thereafter. This fee shall apply to any development
application proposing residential use which requires site plan approval.
(b)
Final site plan application. The fee shall be 1/2 the original
filing fee for a preliminary site plan application.
(c)
Submission of amended site plan. The fee shall be 1/2 of the
original application fee for the stage of application (preliminary
or final).
(d)
Extension of site plan approval as set forth and defined in
N.J.S.A. 40:55D-49 and 40:55D-52: The fee shall be $500 for the stage
of application (preliminary, minor or final).
[Amended 6-10-2020 by Ord. No. 2020-09]
(e)
The fee for a waiver pursuant to N.J.S.A. 40:55D-51 that is
requested as part of the application: $150 for the first waiver, $50
for each additional waiver.
(f)
Minor accessory improvement application: $500.
(3)
Conditional use permits: $500.
(4)
Applications for variances (per building lot for which variances
are required):
(a)
Existing one- or multifamily residential use in a residential
zone permitting such use (N.J.S.A. 40:55D-70c): $300.
(b)
Existing one- or multifamily residential use in a zone not permitting
such residential use (N.J.S.A. 40:55D-70d): $400.
(c)
New one- or multifamily residential use in a residential zone
permitting such use (N.J.S.A. 40:55D-70c): $400.
(d)
New one- or multifamily residential use in a zone not permitting
such use (N.J.S.A. 40:55D-70d): $600.
(e)
For nonresidential variances applied for pursuant to N.J.S.A.
40:55D-70c other than as covered by Subsection B(6)(a) through (d)
above: $400.
(f)
Variances for nonresidential uses applied for pursuant to N.J.S.A.
40:55D-70d other than as covered by Subsection B(6)(a) through (d)
above: $600.
(g)
Application for new construction pursuant to N.J.S.A. 40:55D-36:
$500 per lot structure.
(5)
Application to hear and decide application pursuant to N.J.S.A.
40:55D-70a: $300.
(6)
Requests for interpretations pursuant to N.J.S.A. 40:55D-70b:
$350.
(7)
Variance applications for signs where no site plan review is
involved, upon filing the application or appeal: $500.
(8)
Fee for providing each list of property owners within 200 feet:
$10.
(9)
Publication of notice of decision on application for development
if requested by the applicant: $50.
(10)
The municipal agency's expert witness hired in accordance with
this chapter: deposit amount determined by municipal agency. Fee shall
be the actual amount billed to the Township of Manalapan by the expert
witness. Copies of stenographic transcripts of proceedings before
the municipal board or agency: actual cost billed to the Township.
(11)
Certificate of approval, subdivision, preexisting nonconforming
use: $350.
(12)
Duplicate recording of proceedings before municipal board or agency: fees as established by Chapter 102 of Township Code.
(13)
Copies of any final decisions or other public documents: fees as established by Chapter 102, Township Code, for copies of public documents and services.
(14)
Informal review of site plan or subdivision concept plan: $500
per application or resubmission.
[Amended 4-27-2022 by Ord. No. 2022-05]
(15)
Certified copy of Zoning or Official Tax Map: $5 per sheet.
(16)
Copy of development regulations: $80 each.
(17)
Amended plans and applications. Amended plans and applications
shall not include:
(a)
A submission of a site plan or subdivision plan which previously
received Board approval and the revision is submitted to conform to
condition(s) of approval provided escrows have not been released:
$350.
(b)
A submission for a pending site plan or subdivision application
which has been revised to comply with technical requirements such
as, but not limited to, lighting specifications, paving specifications,
drainage facility specifications, landscaping specifications or other
minor changes, provided escrows have not been released: $350.
(18)
General development plan application: $2,500.
(19)
Master plan or zone change request: $500.
(20)
Fee for special meetings of Planning or Zoning Boards: $1,500.
C.
Escrow funds deposit.
[Amended 6-10-2020 by Ord. No. 2020-09; 4-27-2022 by Ord. No. 2022-05; 7-12-2023 by Ord. No. 2023-10]
(1)
General.
(a)
The fees, deposits and charges for applications to the Planning
Board and Board of Adjustment as provided for by law and established
above are nonrefundable and are for purposes of offsetting administrative
and clerical costs, exclusive of the legal, planning, engineering
and other professional fees, costs and expenses which may be incurred
and which are provided for hereinafter.
(b)
In addition to the payment of the nonrefundable fees, deposits
and charges, applications for site plan or subdivision or general
development plan approval or applications for conditional use approval
or for variances pursuant to N.J.S.A. 40:55D-70d where nonresidential
use is proposed shall be accompanied by a deposit or escrow funds
in accordance with the provisions of this subsection.
(c)
All costs, expenses and fees incurred by the Planning Board,
Board of Adjustment or Township, or other board, commission or agency
of the Township, for the services of a planner, engineer, attorney
or other professional consultant or expert incurred during the development
review process shall be paid by the Planning Board, Board of Adjustment
or Township from the escrow funds.
(d)
Escrow funds deposited under this subsection shall not be utilized
to pay inspection costs required during the construction process.
(2)
Applicability of escrow funds and escrow amounts. Escrow funds
in the amount specified herein shall be required at the time of filing
of the following applications:
(a)
Preliminary major subdivision application or preliminary major
site plan application, conditional use and/or use variance for residential
use or an amended application for any of the aforementioned categories.
|
Number of Lots or Units
|
Escrow Amount
|
|---|---|
|
10 or fewer
|
$6,000 plus $200 per lot or unit
|
|
11 to 25
|
$6,000 plus $150 per lot or unit
|
|
26 to 100
|
$10,000 plus $120 per lot or unit
|
|
In excess of 100
|
$15,000 plus $100 per lot or unit
|
(b)
Final major subdivision application or final site plan application
for residential use or an amended application for any of the aforementioned
categories.
|
Number of Lots or Units
|
Escrow Amount
|
|---|---|
|
10 or fewer
|
$6,000 plus $150 per lot or unit
|
|
11 to 25
|
$6,000 plus $120 per lot or unit
|
|
26 to 100
|
$6,000 plus $100 per lot or unit
|
|
In excess of 100
|
$6,000 plus $80 per lot or unit
|
(c)
A final major subdivision or final subdivision or final major
site plan application may be filed simultaneously with the application
for preliminary approval.
(d)
If a development application contains lots or units restricted
to low- or moderate-income households, as generally defined by the
zoning ordinances of the Township of Manalapan, those lots or units
so restricted shall not be included in the computation of the required
escrow amount.
(e)
Nonresidential preliminary site plan approval:
|
Gross Floor Area
(square feet)
|
Escrow Amount
|
|---|---|
|
Less than 10,001
|
$6,000 plus $100 per each 1,000 square feet of floor area or
fraction thereof
|
|
10,001 to 50,000
|
$6,000 plus $800 for each 10,000 square feet of floor area or
fraction thereof over 10,001 square feet
|
|
In excess of 50,000
|
$8,000 plus $600 for each 10,000 square feet of floor area or
fraction thereof over 50,001 square feet
|
(f)
Variance and other applications.
[1]
Variance applications pursuant to N.J.S.A. 40:55D-70d: $6,000
($3,000 if included as part of a preliminary or final major site plan
or subdivision application).
[2]
Other applications:
[a]
Conditional uses: $2,000.
[b]
Interpretation of Zoning Map or Ordinance: $2,000.
[c]
Hear and decide appeal of administrative official:
$2,000.
[d]
Certificate of nonconformity: $2,000.
[e]
Variance pursuant to 40:55D-70c: $1,000 (not part
of a site plan or subdivision application).
[f]
Minor accessory improvements: $400 for initial
review and $200 for each review of resubmission.
[g]
Nonresidential final site plan approval: 1/2 the
original escrow fee paid at the time of filing the preliminary site
plan application or 1/2 the escrow fee required for a preliminary
site plan application if filed simultaneously with the preliminary
site plan application.
[h]
Minor subdivision and minor site applications shall
require an escrow fund deposited in the amount of $6,000, except that
the amount of $3,000 shall be required for a resubdivision in which
lot lines are moved and no new lots are created.
[i]
Applications involving more than one of the above
categories shall deposit the appropriate escrow amounts required under
each category.
[j]
Review of a general development plan: $10,000.
[k]
Master Plan or zoning change request: $2,000.
[l]
Informal professional review of concept plan for
a subdivision or site plan: $2,000.
D.
Procedural requirements.
(1)
Prior to an application which requires the deposit of escrow
funds being determined complete by the Planning Board or Board of
Adjustment, the applicant shall post the required escrow amount with
the Planning Board Administrative Officer in the form of cash, certified
check or money order, and the applicant and the property owner shall
execute an escrow agreement in the form approved by the Township Attorney.
(2)
The applicant shall be required to deposit additional escrow
funds when the escrow has been depleted to 20% of the original escrow
amount. When escrow funds have been so depleted, the Township Finance
Officer shall notify the appropriate Board and the consultants and
experts. The consultants and experts shall notify the Township Finance
Officer as to additional costs anticipated. The Board shall not take
action on the application until additional escrow funds adequate to
cover anticipated costs have been deposited by the applicant.
(3)
All billing by and disbursements to professional or experts
shall be governed by procedures set forth in N.J.S.A. 40:55D-53-2.
(4)
No plans or application shall be reviewed, commented on nor
work performed by the Township's professional staff in the absence
of adequate escrows. No work may be performed or services rendered
after the release of an applicant's or developer's escrows. Post release
services may only be performed after the posting of new escrows sufficient
to cover the services.
E.
The fees, deposits and other charges stated above are to be cumulative,
inasmuch as where an application or appeal to a Board contains requests
for relief or review of more than one type and/or other charges and
deposits are required, the total fees, other charges and deposits
to be paid by the applicant or appellant shall be the cumulative total
of the separate charges for each such application subsection.
F.
For any plat or plan on which the fees were paid prior to the effective
date of this subsection and for which an amendment to the preliminary
or final plat or plan is hereinafter applied for, the fees to be charged
shall be 1/2 the fees as determined by this subsection as if the applicant
had filed his original application as of a date one day following
the effective date of this subsection.
G.
Where an application for development is deemed incomplete by the
municipal agencies to which the application has been made, due to
the drawings and/or sketch plans not conforming to the Manalapan Township
Development Regulations, then, for purposes of defraying the costs
and fees incurred by the agency in reprocessing the application, the
agency may require, upon resubmission of the application, the payment
by the applicant of additional application fees not to exceed 50%
of the fees charged for the application when originally submitted.
H.
Waiver. The Board shall waive or exempt those charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] from the payment of those application fees established by this chapter. The Board shall not waive the escrow fees required hereunder. This waiver or exemption as created by Subsection G above shall apply to only those applications for development which are directly related to a nonprofit purpose or activity.
I.
The fee for individual residential lots without subdivision approval,
minor subdivision approval or lacking escrow fees posted as a part
of a major subdivision approval shall be $500 for review of plot grading
plan, driveway/sidewalk inspection, engineering inspection and certificate
of occupancy inspection. If and in the event the cost of the inspection
shall exceed $500, the applicant shall pay such additional costs based
upon the hourly charge to the Township.
J.
The fee for irrevocable license permit application pursuant to § 95-7.24D shall be $100 for review of the plan and processing of the application.
K.
Engineering and inspection escrow fees shall be paid by all applicants
prior to the work commencing on the site. The fee shall be based upon
the Engineer's estimate of all standard outside improvements, including,
but not limited to, storm drainage, parking areas, access driveways,
traffic signage and striping, fencing, curbing, sidewalk, site lighting,
landscaping, etc. The inspection fees to be paid shall be equal to
5% of the cost of the improvements as estimated by the Engineer.
See § 95-9.3F(11) for fees and escrows
for the maintenance of detention and retention basins.
A.
The purpose of this article is to establish the procedure
for review and action on applications requiring subdivision, site
plan, conditional use, or variance approval. The procedure is intended
to provide orderly and expeditious processing of such applications.
B.
In all zones for all proposed uses, subdivision, site
development or construction other than an "exempt development," site
plan and/or subdivision approval shall be required prior to:
(1)
Subdivision or resubdivision of land.
(2)
Issuance of a development permit or building permit.
(3)
Commencement of any regulated use or activity, which
includes:
(a)
The erection, construction, alteration, repair,
remodeling, or conversion of any building or structures;
(b)
The use or occupancy of any building, structure
or land;
(c)
Any activity which entails the construction
of any improvements or the alteration of the natural condition of
any land;
(d)
Demolition or removal of any historic structure
or any historic building or historic structure within a historic district
as designated on the Master Plan, except that site plan approval shall
not be required for individual lot applications for one- or two-dwelling-unit
buildings pursuant to N.J.S.A. 40:55D-37.
A.
Informal review by Planning Board. At the request
of the applicant, the Planning Board shall grant an informal review
of a concept plan for a development for which the applicant intends
to prepare and submit an application for development. The purpose
of the concept plan is to provide Planning Board or Subdivision and
Site Plan Committee input in the formative stages of subdivision and
site plan design.
B.
Applicants seeking concept plan informal review shall
submit the items stipulated in Article XII of this chapter 14 days
before the concept plan meeting. These items provide the developer
and Planning Board or Subdivision and Site Plan Committee with an
opportunity to discuss the development proposal in its formative stages.
C.
A brief written summary of the concept plan review
shall be provided within 30 working days after the meeting.
D.
The applicant will be charged the fee established
for concept plan review. The amount of any fee for such informal review
shall be a credit towards fees for review of the application for development.
Only one concept plan review fee shall be credited.
E.
The applicant shall not be bound by any concept plan
for which review is requested, nor shall the Planning Board or Subdivision
and Site Plan Committee be bound by any such review.
A.
Assignment. The applicant shall have the option of
filing an application for development with the Administrative Officer
or his designee as to which approvals are required and the appropriate
board for hearing same, or of filing an application and proceeding
before the board which the applicant believes to be appropriate. The
Administrative Officer's or his designee's determination shall be
presumed to be correct. The following applications may be filed:
B.
Content. An application for development shall include
the items specified in Article XII of this chapter which constitutes
a checklist of items to be submitted for subdivision and site plan
review. A copy of this checklist shall be completed by the applicant,
and submitted with the application form.
C.
Complete application.
(1)
A subdivision and site plan application shall be complete
for purposes of commencing the applicable time period for action when
so certified by the Administrative Officer or designee. In the event
that the Administrative Officer or designee does not certify the application
to be complete within 45 days of the date of its submission, the application
shall be deemed complete upon the expiration of the forty-five-day
period for purposes of commencing the applicable time period unless
the application lacks information indicated on the checklist of items
specified in Article XII, the checklist has been provided in writing
to the applicant, and the municipal agency or its authorized committee
or designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the municipal agency or its authorized committee
shall grant or deny the request within 45 days of the date of its
submission. Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that the applicant
is entitled to approval of the application. The municipal agency may
subsequently require correction of any information found to be in
error and submission of additional information not specified in the
chapter or any revisions in the accompanying documents, as are reasonably
necessary to make an informed decision as to whether the requirements
necessary to approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
required by the municipal agency.
(2)
An applicant may appeal the Administrative Officer's
decision concerning completeness of an application to the municipal
agency which has jurisdiction to hear the application. The municipal
agency shall have 45 days after the receipt of the written request
to schedule a public hearing and determine if the application is complete.
The Board shall affirm, modify, or reverse the decision of the Administrative
Officer.
A.
In cases where a proposed development requires Board
of Adjustment action on an application for the grant of a variance
pursuant to N.J.S.A. 40:55D-70d or does not involve a site plan or
subdivision but requires a variance pursuant to N.J.S.A. 40:55D-70c
or requires the direction for issuance of a building permit pursuant
to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 or where a party requests
Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70a
or on an interpretation pursuant to N.J.S.A. 40:55D-70b the applicant
shall submit to the Administrative Officer 20 copies of the items
required in Article XII of this chapter, together with an executed
application form, the prescribed fee, and evidence that no taxes or
assessments are outstanding against the property.
B.
The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provision of § 95-4.3C of this chapter.
C.
The Board of Adjustment shall render a decision not
later than 120 days after the date an appeal is taken from the decision
of an Administrative Officer or the submission of a complete application
for development to the Board of Adjustment. Failure of the Board to
render a decision within a one-hundred-twenty-day period or within
such further time as may be consented to by the applicant shall constitute
a decision favorable to the applicant.
A.
Any applicant requesting approval of a proposed minor
subdivision or minor site plan as defined in this chapter shall submit
to the Administrative Officer 20 copies of the items required in Article
XII of this chapter, together with five copies of the executed application
form, the prescribed fee, and evidence that no taxes or assessments
are outstanding against the property.
B.
The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of § 95-4.3C of this chapter.
C.
All applications for minor subdivisions and minor
site plans shall first be reviewed by the Subdivision and Site Plan
Review Committee and then referred to the Planning Board for decision.
D.
The action of the municipal agency under this section
must be taken within 45 days, or 120 days if a variance is required
or within such further time as is agreed to by the applicant and the
municipal agency. Failure of the municipal agency to act within the
period prescribed shall constitute minor subdivision or site plan
approval, and a certificate of the Administrative Officer as to the
failure of the municipal agency to act shall be issued on request
of the applicant; and it shall be sufficient in lieu of the written
endorsement or other evidence of approval herein required and shall
be so accepted by the county recording officer for purposes of filing
subdivision plats.
E.
Except as provided in Subsection E(1) below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor as specified by N.J.S.A. 40:55D-1 et seq. Two Mylar, two linen, and 15 paper copies of the minor subdivision plat shall be submitted for execution. Any such plat or deed accepted for such filing shall have been signed by the chairperson and secretary of the municipal agency after confirmation by the Township Finance Officer that all fees and escrows are filed and current.
(1)
Extension of one-hundred-ninety-day period for filing minor subdivision. The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection E above if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(2)
The Planning Board shall grant an extension of minor
subdivision approval for a period determined by the Board but not
exceeding one year from what would otherwise be the expiration date,
if the developer provides to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals.
(3)
A developer shall apply for the extension before what
would otherwise be the expiration date of the minor subdivision approval
or the 91st day after the developer receives the last legally required
approval from other governmental agencies, whichever occurs later.
F.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision and site plan approval was granted, shall not be changed for a period of two years after the date of site plan approval or the date on which the resolution of minor subdivision approval is adopted; provided that the approved minor subdivision has been duly filed as set forth in Subsection E above.
(1)
Extension of zoning requirements and general terms
and conditions for minor site plan. The Planning Board shall grant
an extension of the two-year period for a period determined by the
Board but not exceeding one year from what would otherwise be the
expiration date, if the developer proves to the reasonable satisfaction
of the Board that the developer was barred or prevented, directly
or indirectly, from proceeding with the development because of delays
in obtaining legally required approvals from other governmental agencies
and that the developer applied promptly for and diligently pursued
the approvals. A developer shall apply for this extension before what
would otherwise be the expiration date, or the 91st day after the
date on which the developer receives the last of the legally acquired
approvals from the other governmental agencies, whichever occurs later.
G.
If the owner of a commercial property is seeking to make minor accessory
improvements, a concept or other plan may be submitted in lieu of
a full site plan at the discretion of the Zoning Officer. The submitted
plan shall be reviewed by the appropriate Board and its professionals.
[Added 12-12-2018 by Ord.
No. 2018-14]
[Amended by Ord. No. 95-14]
A.
Preliminary approval of major subdivisions and major
site plans.
(1)
The Subdivision and Site Plan Committee, if established,
shall review the application and shall comment and make recommendations
to the Board.
(2)
The applicant seeking preliminary major subdivision
or preliminary major site plan approval shall submit to the Administrative
Officer 20 copies of the materials stipulated in Article XII of this
chapter.
(3)
The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of § 95-4.3C of this chapter.
(4)
A complete application for a subdivision of 10 or
fewer lots, or for a site plan of 10 acres of land or less or 10 dwelling
units or less, shall be acted upon within 45 days of the date of such
submission, or 120 days if a variance is required, or within such
further time as may be consented to by the developer. A subdivision
of more than 10 lots, or a site plan that involves more than 10 acres
of land or more than 10 dwelling units, shall be acted upon within
more than 10 dwelling units, shall be acted upon within 95 days of
the date of such submissions, or 120 days if a variance is required,
or within such further time as may be consented to by the developer.
Otherwise, the municipal agency shall be deemed to have granted preliminary
subdivision or site plan approval.
B.
Effect of preliminary approval of major subdivisions and major site plans. Preliminary approval of a major subdivision and major site plan shall, except as provided in Subsection B(4), confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted as specified by N.J.S.A. 40:55D-1 et seq.:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including, but not limited
to, use requirements; layout and design standards for streets, curbs
and sidewalks; lot sizes; yard dimensions and off-tract improvements;
and in the case of a site plan, any requirements peculiar to site
plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing
herein shall be construed to prevent the municipality from modifying
by ordinance such general terms and conditions of preliminary approval
as related to public health and safety;
(2)
That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary subdivision plat or site
plan, as the case may be; and
(3)
That the applicant may apply for and the Planning
Board may grant extension on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design and improvement standards have
been revised by ordinance, such revised standards may govern;
(4)
In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights referred to in Subsections B(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions, and the comprehensiveness of the development, provided that if the design and improvement standards have been revised, such revised standards may govern.
(5)
Where a developer plans to install the improvements prior to final approval, the developer shall submit the engineering plans and specifications for the improvements to the Municipal Engineer and the required fees and insurance certificate to the Municipal Clerk, who shall act upon them within 35 days. Two Mylar and eight paper copies of the final construction plans are to be signed by the Planning Board. In the event of a denial, the specific reasons must be enumerated in a letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirements as previously imposed for a denial. After the plans are approved and filed with the Planning Board, the developer may install the improvements prior to final approval in accordance with § 95-10.2. In addition to or as part of the performance guarantees, the developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with Article X.
(6)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection B(3) or (4) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(7)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer receives the last legally required approval from other government entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant to Subsection B(3) or (4) of this section.
C.
Final approval of major subdivisions and major site
plans.
(1)
An applicant requesting final approval of a proposed
major subdivision and site plan shall submit to the Administrative
Officer or other designee, 20 copies of the items specified in Article
XII of this chapter. Unless the preliminary plat was approved without
changes, the final plat shall have incorporated all changes or modifications
required by the municipal agency. The final plat shall also be accompanied
by a statement from the Municipal Engineer that the municipality is
in receipt of as-built plans showing all streets and utilities in
exact location and elevation and identifying those portions already
installed and those to be installed, and/or certified in the amount
of performance guarantees required to assure completion of those improvements
not yet installed as stipulated in Article X of this chapter.
(2)
The application for final subdivision or site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of § 95-4.3C of this chapter.
(3)
Final approval shall be granted or denied within 95
days after submission of a complete application to the Administrative
Officer, or other designee, or within such further time as may be
consented to by the applicant. Failure of the municipal agency to
act within the period prescribed shall constitute final approval and
a certificate of the Administrative Officer as to the failure of the
municipal agency to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the county recording officer for purpose of filing subdivision plats.
(4)
Within 95 days of the adoption of the resolution of
final approval, the applicant shall comply with the conditions set
forth therein. If the conditions are not satisfied, then the approval
shall expire. The Board may for good cause shown, extend this time
period.
(5)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat by the chairman and secretary
of the municipal agency unless within such period the plat shall have
been duly filed by the developer with the county recording officer.
The municipal agency may for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
(6)
Two Mylar, two linen, and 15 paper copies of the final
plat of the major subdivision shall be submitted to the Planning Board.
No subdivision plat shall be accepted for filing by the county recording
officer until it has been approved by the municipal agency as indicated
on the instrument by the signature of the chairman and secretary of
the municipal agency of a certificate has been issued. The signatures
of the chairman and secretary of the municipal agency shall not be
affixed until the developer has posted the guarantees required pursuant
to Article X of this chapter and the Township Finance Officer confirms
that all fees and escrows are posted and current.
D.
Effect of final approval of major subdivisions and
major site plans.
(1)
The zoning requirements applicable to the preliminary
approval granted and all other rights conferred upon the developer
pursuant to preliminary approval whether conditionally or otherwise
shall not be changed for a period of two years after the date on which
the resolution of final approval is adopted, provided that in the
case of major subdivision the rights conferred by this subsection
shall expire if the plat has not been duly recorded within the time
period provided in N.J.S.A. 40:55D-54.
(2)
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the municipal agency may grant the rights referred to in Subsection D(1) of this section for such period of time, longer than two years, as shall be determined by the municipal agency to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions, and the comprehensiveness of the development. The developer may apply for thereafter and the municipal agency may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the municipal agency to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units, economic conditions, and the comprehensiveness of the development.
(3)
Whenever the Planning Board grants an extension of approval pursuant to Subsection D(1) and (2) approval has expired before the date on which the extension is granted, the extensions shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer provides to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection D(1) and (2) of this section.
A.
Submittal.
(1)
Any developer of a parcel of land greater than 100
acres in size for which the developer is seeking approval of a planned
development pursuant to N.J.S.A. 40:55D-1 et seq. may submit a general
development plan for the entire parcel to the Planning Board prior
to the granting of preliminary approval of that development by the
Planning Board pursuant to N.J.S.A. 40:55D-46 or N.J.S.A. 40:55D-48.
(2)
The Planning Board shall grant or deny general development
plan approval within 95 days after submission of a complete application
to the Administrative Officer, or within such further time as may
be consented to by the applicant. Failure of the Planning Board to
act within the period prescribed shall constitute general development
plan approval of the planned development.
B.
Duration.
(1)
The general development plan shall set forth for the
entire tract or parcel, the permitted number of dwelling units, the
amount of nonresidential floor space, the residential density and
the nonresidential floor area ratio for the planned development, in
its entirety, according to a schedule which sets forth the timing
of the various sections of the development. The planned development
shall be developed in accordance with the general development plan
approved by the Planning Board notwithstanding any provision of N.J.S.A.
50:55D-1 et seq., or an ordinance or regulation adopted pursuant thereto
after the effective date of the approval.
(2)
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection B(3) of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to N.J.S.A. 40:55D-1 et seq.
(3)
In making its determination regarding the duration
of the effect of approval of the development plan, the Planning Board
shall consider the number of dwelling units or amount of nonresidential
floor area to be constructed, prevailing economic conditions, the
timing schedule to be followed in completing the development and the
likelihood of its fulfillment, the developer's capability of completing
the proposed development, and the contents of the general development
plan and any conditions which the Planning Board attaches to the approval
thereof.
C.
Modification of timing schedule. In the event that
the developer seeks to modify the proposed timing schedule, such modification
shall require the approval of the Planning Board. The Planning Board
shall, in deciding whether or not to grant approval of the modification,
take into consideration prevailing economic and market conditions,
anticipated and actual needs for residential units and nonresidential
space within the municipality and the region, and the availability
and capacity of public facilities to accommodate the proposed development.
D.
Approval of plan modifications required. Except as
provided hereunder, the developer shall be required to gain the prior
approval of the Planning Board if, after approval of the general development
plan, the developer wishes to make any variation in the location of
land uses within the planned development or to increase the density
of residential development or the floor area ratio of nonresidential
development in any section of the planned development.
E.
Approval of plan modifications not required.
(1)
Except as provided hereunder, once a general development
plan has been approved by the Planning Board, it may be amended or
revised only upon application by the developer approved by the Planning
Board.
(2)
A developer, without violating the terms of the approval,
may, in undertaking any section of the planned development, reduce
the number of residential units or amount of nonresidential floor
space by no more than 15% or reduce the residential density or nonresidential
floor area ratio by no more than 15%; provided, however, that a developer
may not reduce the number of residential units to be provided pursuant
to N.J.S.A. 52:27D-301 et seq. without prior municipal approval.
F.
Notification and termination of approval.
(1)
Upon the completion of each section of the development
as set forth in the approved general development plan, the developer
shall notify the Administrative Officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purpose of this section, "completion" of any section
of the development shall mean that the developer has acquired a certificate
of occupancy for every residential unit or every nonresidential structure,
as set forth in the approved general development plan and pursuant
to N.J.S.A. 52:27D-133. If the municipality does not receive such
notification at the completion of any section of the development,
the municipality shall notify the developer, by certified mail, in
order to determine whether or not the terms of the approved plan are
being complied with.
(2)
If a developer does not complete any section of the
development within eight months of the date provided for in the approved
plan, or if at any time the municipality has cause to believe that
the developer is not fulfilling his obligations pursuant to the approved
plan, the municipality shall notify the developer, by certified mail,
and the developer shall have 10 days within which to give evidence
that he is fulfilling his obligations pursuant to the approved plan.
The municipality thereafter shall conduct a hearing to determine whether
or not the developer is in violation of the approved plan. If, after
such a hearing, the municipality finds good cause to terminate the
approval, it shall provide written notice of same to the developer,
and the approval shall be terminated 30 days thereafter.
(3)
In the event that a developer who has general development
plan approval does not apply for preliminary approval for the planned
development which is the subject of that general development plan
approval within five years of the date upon which the general development
plan has been approved by the Planning Board, the approval of the
general development plan shall terminate.
G.
General development plan satisfactory completion.
In the event that a development which is the subject of an approved
general development plan is completed before the end of the term of
the approval, the approval shall terminate with the completion of
the development. For the purposes of this section, a development shall
be considered complete on the date upon which a certificate of occupancy
has been issued for the final residential or nonresidential structure
in the last section of the development in accordance with the timing
schedule set forth in the approved general development plan and the
developer has fulfilled all of his obligations pursuant to the approval.
H.
General development plan content. A general development
plan shall include the applicable contents specified pursuant to Article
XII of this chapter.
A.
Whenever an application for approval of a subdivision
plat, site plan, or conditional use includes a request for relief
pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or
deny approval of the application within 120 days after submission
by a developer of a complete application to the Administrative Officer
or within such further time as may be consented to by the applicant.
In the event that the developer elects to submit separate consecutive
applications, the aforesaid provision shall apply to the application
for approval of the variance or direction for issuance of a permit.
The period for granting or denying any subsequent approval shall be
as otherwise provided in this chapter. Failure of the Planning Board
to act within the period prescribed shall constitute approval of the
application and a certificate of the Administrative Officer as to
the failure of the Planning Board to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval, herein required, and shall
be so accepted by the county recording officer for purposes of filing
subdivision plats.
B.
Whenever relief is requested pursuant to this subsection,
notice of the hearing on the application for development shall include
reference to the request for a variance, or direction for issuance
of a permit, as the case may be.
C.
The developer may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval of
a subdivision, site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditioned upon grant of all required subsequent approvals by the
Planning Board. No such subsequent approval shall be granted unless
the approval can be granted without substantial detriment to the public
good and without substantial impairment of the intent and purpose
of the zone plan and zoning ordinance.
D.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Borough Planning Board shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
A.
From Planning Board to Zoning Board of Adjustment.
(1)
In the event that a developer files his complete application
with supporting documentation in accordance with the applicable provisions
of this chapter with the Planning Board, and it is determined either
before or after notice and at the public hearing that the application
should have been initially filed with the Board of Adjustment and
that the Planning Board does not have the statutory jurisdiction to
grant the complete relief requested by the applicant/developer, the
applicant may elect to do one of the following:
(2)
Nothing stated herein shall relieve the applicant
of the notice provisions of the statute and this chapter or estop
the Board of Adjustment from handling the transferred application
as a new application before the Board.
(3)
In the event that an application is transferred to
the Board of Adjustment, the Board shall have 120 days from the date
that the new application is filed or the transferred application is
received by the Board of Adjustment to render its decision, the refiling
date or effective transfer date being deemed to be the amended complete
application date if the application is in fact complete.
B.
From Zoning Board of Adjustment to Planning Board.
(1)
In the event that a developer files his complete application
with supporting documentation in accordance with the applicable provisions
of this chapter with the Board of Adjustment, and it is determined
either before or after notice and at the public hearing that the application
should have been initially filed with the Planning Board and that
the Board of Adjustment does not have the statutory jurisdiction to
grant the complete relief requested by the applicant/developer, the
applicant may elect to do one of the following:
(2)
Nothing stated herein shall relieve the applicant
of the notice provisions of the statute and this chapter or estop
the Planning Board from handling the transferred application as a
new application before the Board.
(3)
In the event that an application is transferred to
the Planning Board, the Board shall have the time periods prescribed
by this chapter and the New Jersey statutes from the date that the
new application is filed or the transferred application is received
by the Planning Board to render its decision; the refiling date or
effective transfer date being deemed to be the amended complete application
date if the application is in fact complete.
An applicant may claim approval of his application
for development by reason of the failure of the approving authority
to act within the time period prescribed by complying with the following
provisions:
A.
The applicant shall provide notice of the default
approval to the municipal agency and to all those entitled to notice
by personal service or certified mail of the hearing on the application
for development, but for purposes of determining who is entitled to
notice, the hearing on the application for development shall be deemed
to have required public notice pursuant to N.J.S.A. 40:55D-12.
B.
The applicant shall arrange publication of a notice
of the default approval in the official newspaper of the Township,
if there be one, or in a newspaper of general circulation in the Township.
C.
The applicant shall file an affidavit of proof of
service and publication with the Administrative Officer.
D.
Upon satisfaction of these requirements by the applicant,
the Administrative Officer shall, if he or she agrees with the facts
as set forth by the applicant in the notice of default approval, issue
a certificate of default approval and it shall be sufficient in lieu
of the written endorsement or other evidence of approval, herein required,
and shall be so accepted by the county recording officer for purposes
of filing subdivision plats.
E.
If the Administrative Officer does not agree with the facts as set forth by the applicant in the notice of default approval, he or she shall so notify the applicant and the municipal agency, setting forth the specific items of disagreement, within 30 days of the date the applicant submits the proof of service and publication as required by § 95-4.8C hereof. Unless appealed pursuant to § 95-3.2K(1)(a) hereof, the decision of the Administrative Officer shall be conclusive.
[Amended by Ord. No. 95-12; Ord. No. 95-14; Ord. No. 95-24; Ord. No. 95-29; Ord. No. 96-19; Ord. No. 97-19; Ord. No. 98-04; Ord. No. 98-26; Ord. No. 98-32; Ord. No. 99-06; Ord. No. 2001-09]
A.
Establishment, authentication, maintenance, and revision.
(1)
Zoning Map. The locations and boundaries of the districts
of the Township are hereby established as shown on the Zoning Map
of the Township of Manalapan, New Jersey which is attached hereto
and is hereby made a part of this chapter, together with all notations,
references and designations shown thereon.[1]
[1]
Editor's Note: Pursuant to Ord. No. 99-06,
adopted 7-14-1999, a map, dated October 12, 1998, was adopted as the
Zoning Map of the Township pursuant to this section. The current Zoning
Map is on file in the Township offices.
(2)
Schedules. The Schedule of Permitted Uses; the Schedule
of Area, Yard and Building Requirements; the Schedule of Yard Requirements
for Parking and Loading Areas; and the Schedule of Minimum Required
Buffer Area for zone districts within the Township of Manalapan are
hereby established and are attached hereto and are hereby made a part
of this chapter, together with all notations, references and designations
shown thereon.[2] Requirements related to off-street parking and off-street loading are set forth in § 95-9.2B and C. Requirements related to signs are set forth in § 95-8.7.
[2]
Editor's Note: The schedules are included
at the end of this chapter.
(3)
Date of Official Zoning Map. Subsequent to the adoption
of this chapter, the Zoning Map shall be annotated with the date of
adoption.
(4)
Maintenance of the Official Zoning Map. A copy of
the Official Zoning Map shall be maintained in the office of the Township
Clerk and shall be made available for public reference. Copies of
all or a part of the Official Zoning Map may be reproduced for public
distribution. The Zone Map shall be forwarded to the Monmouth County
Planning Board in accordance with N.J.S.A. 40:55D-16. However, the
Official Zoning Map maintained by the Township Clerk shall be the
final authority as to the current status of zoning districts in the
Township of Manalapan.
(5)
Revisions to the Official Zoning Map.
(a)
When, in accordance with the provisions of this
chapter and of state law, revisions are made in district boundaries
or other matters portrayed in the Zoning Map, such changes will be
made to the Zoning Map with an entry bearing the date of adoption,
ordinance number, and a brief description of the change(s).
(b)
No changes of any nature shall be made to the
Official Zoning Map except in conformity with the above procedure.
Any unauthorized changes to the map or its contents by any person
or persons shall be considered a violation of this chapter.
B.
Interpretation of district boundaries.
(1)
Zone district boundaries are intended to follow street,
lot or property lines, or other natural lines such as the center line
of water courses, ditches or lagoons, unless such district or zone
boundaries are fixed by dimension on the Zoning Map or by description,
and shall include contiguous lands acquired by the accretion or stream
diversion by natural causes.
(2)
In constructing the Official Zoning Map, the following
rules shall apply:
(a)
Boundaries indicated as following the center
lines of streets, highways or alleys or streams, rivers or other bodies
of water shall be construed to follow such center lines.
(b)
Boundaries indicated as approximately following
plotted lot lines shall be construed as following such lot lines.
(c)
Boundaries indicated as parallel to or extensions
of features indicated above shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be determined by the use
of the scale appearing thereon.
(d)
Where a zone boundary fixed by dimensions approximately
follows and is not more than 20 feet distant from a lot line, such
lot line shall be construed to be the zone boundary.
(e)
Boundaries of zone overlay areas are to be interpreted
in accordance with the reference cited by the applicable overlay regulations.
[Amended by Ord. No. 96-19; Ord. No. 98-04; Ord. No. 2000-02; 5-23-2001 by Ord. No. 2001-09]
A.
The Township of Manalapan is hereby organized into
zone districts as follows:
|
Suburban Residential Zones
| ||
|---|---|---|
|
R-40
|
Single Family
| |
|
R-40/20
|
Single Family
| |
|
R-30
|
Single Family
| |
|
R-20
|
Single Family
| |
|
R-4
|
Single Family
| |
|
R-5
|
Single Family Affordable Housing
| |
|
R-T
|
Residential Transition
| |
|
R-TF/TH
|
Two-Family and Townhouses
| |
|
Suburban Conservation Zones
[Added 5-22-2002 by Ord. No. 2002-16] | ||
|---|---|---|
|
RE
|
Residential Environmental
| |
|
Planned Development Zones
| ||
|---|---|---|
|
R-20/PRC
|
Planned Retirement Community
| |
|
R-20/PD
|
Planned Development Option
| |
|
C2-M
|
Neighborhood Business/Multifamily Option
| |
|
ML-TH
|
Mount Laurel Townhouse
| |
|
Commercial Zones
| ||
|---|---|---|
|
C-1
|
Regional Commercial Shopping Center
| |
|
C-2
|
Neighborhood Shopping Center
| |
|
C-3
|
General Commercial
| |
|
C-4
|
Commercial
| |
|
LB
|
Limited Business (Tennent/Millhurst/Wilson Avenue/Smithburg)
| |
|
LI
|
Light Industrial
| |
|
OP
|
Office Professional
| |
|
OP-3
|
Office Park
| |
|
OP-10
|
Office Park
| |
|
OP-10/ PRC-MLC
|
Planned Retirement Community - Mount Laurel
Contribution
| |
|
OP-10A
|
Office Park
| |
|
NJSH 33 Corridor Development Zones
| ||
|---|---|---|
|
GCRC
|
Golf Course Residential Community
| |
|
CD-FS
|
Four Seasons Consent District
[Added 12-15-2004 by Ord. No. 2004-32] | |
|
CD-KH
|
Knob Hill Consent District
[Added 12-15-2004 by Ord. No. 2004-32]_ | |
|
CD-M
|
Meadows Consent District
[Added 12-15-2004 by Ord. No. 2004-32] | |
|
SED-5
|
Special Economic Development
| |
|
SED-20
|
Special Economic Development
| |
|
SED-20/W
|
Warehouse Distribution
| |
|
VC
|
Village Commercial
| |
|
Rural Conservation Zones
[Amended 5-22-2002 by Ord. No. 2002-16] | ||
|---|---|---|
|
R-AG/4
|
Rural Agricultural
| |
|
R-AG
|
Rural Agricultural
| |
|
R-R
|
Rural Residential
| |
|
Public Zones
| ||
|---|---|---|
|
PB
|
Public Use
| |
|
Zone Overlay Areas
| |
|---|---|
|
Airport Safety Overlay Zone
| |
|
Flood Hazard Area
| |
|
Freehold Road-Tennent Road Landmark Corridor
| |
|
Route 33 Overlay Zone
[Added 12-15-2004 by Ord. No. 2004-24] | |
|
Affordable Housing Overlay Zone-1 (AH-1)
[Added 12-16-2009 by Ord. No. 2009-29] |
B.
The regulations set forth in this chapter for each
district shall be minimum regulations and shall apply uniformly to
each class of structure or land within the district.
C.
No building or structure shall hereafter be erected
and no existing building or structure shall be moved, altered, added
to or enlarged, nor shall any land or building or portion of a building
or structure to be used, designed, or arranged to be used for any
purpose unless in conformity with the Schedule of Permitted Uses;
the Schedule of Area, Yard, and Building Requirements; the Schedule
of Minimum Yard Requirements for Parking and Loading Areas; and the
Schedule of Minimum Required Buffer Areas and with all of the regulations
herein specified for the district in which it is located.[1]
[1]
Editor's Note: The schedules are included
at the end of this chapter.
D.
Every principal building shall be located on a lot
as defined in this chapter. Except for multifamily and nonresidential
development no more than one principal building and its accessory
buildings shall hereafter be erected on any one lot.
E.
Yards or lots created after the effective date of
this chapter shall meet the minimum requirements established by this
chapter as set forth in this section and in the Schedule of Area,
Yard, and Building Requirements for Residential Districts and Commercial,
Industrial, and Office Districts.[2]
[2]
Editor's Note: The schedules are included
at the end of this chapter.
F.
In any zone, all yard requirements, open space, off-street
parking, and landscaping must be contained within that zone.
G.
In each zone district, each use shall provide off-street parking as specified in § 95-9.2B, parking location shall adhere to the Schedule of Minimum Yard Requirements for Parking and Loading Areas.
H.
In each zone district, each use shall provide off-street loading and unloading as specified in § 95-9.2C. In nonresidential zones, loading locations shall adhere to the Schedule of Minimum Yard Requirements for Parking, and Loading Areas.
J.
Standards for conditional uses are set forth in Article
VI.
K.
Additional direction regarding the administration
and application of development requirements and restrictions within
the Township's zone districts is provided in Article VII, General
Zoning Provisions.
L.
Buffers shall be provided in the zones specified in
accordance with the Schedule of Minimum Required Buffer Areas.
A.
Permitted principal uses, accessory uses, and conditional
uses within each zone district are set forth in the Schedules of Permitted
Uses. The letter "P" means that the use is a permitted principal use
in the zone. The letter "C" means the use is a permitted conditional
use. The letter "A" means that the use is a permitted accessory use
in the zone. Any use, except for essential services, which is not
specifically listed as a permitted use, an accessory use or a conditional
use on the Schedule of Permitted Uses[1] shall be deemed a prohibited use.
[1]
Editor's Note: The Schedule of Permitted Uses is included at the end of this chapter.
B.
Prohibited uses shall include but not be limited to
the following:
(1)
All billboards (except where permitted as a conditional
use), signboards, advertising signs and devices not expressly related
to the business being conducted on the premises or otherwise specifically
permitted by this chapter.
[Amended 4-7-2009 by Ord. No. 2009-05]
(2)
Trailer courts or trailer coaches used as dwellings,
offices or storage facilities or commercial activities related to
the outdoor storage or display of trailer coaches, except that during
development construction trailers may be permitted specifically limited
as to the extent of time such use and requiring the payment of an
annual fee to the municipality for the granting of such license of
such use.
(3)
Auction markets.
(4)
Junkyards, automobile wrecking yards or disassembly
yards, or the sorting or baling of scrap metal, paper, rags, or other
scrap or waste material, except for recycling operations operated
by or with the approval of the Township.
(5)
Privately operated dumps for the disposal of garbage,
trash, refuse, junk, or other such material.
(6)
Adult bookstores.
(7)
Peep shows.
(8)
Massage parlors.
(9)
Amusement arcade.
(10)
Explosive storage, except small arms ammunition,
or by special permit, where explosives are to be used on the premises.
(11)
Incineration, reduction, storage or dumping
of slaughterhouse refuse, rancid fats, garbage, or dead animals.
(12)
Slaughtering and slaughterhouses for fowl or
animals not raised on premises, except as incidental to general farming
operation.
(13)
Any use of any building or premises in such
a manner that the health, morals, safety or general welfare of the
community may be endangered.
(14)
Keeping or raising of hogs except as otherwise
provided for farms.
(15)
Asphalt plants, concrete plants, asphalt batching
plants, concrete batching plants, asphalt mixing plants, concrete
mixing plants, asphalt manufacturing plants, concrete manufacturing
plants.
(16)
Auto, horse or dog racetracks.
(17)
Keeping or raising of mink, fox or similar fur
bearing animals.
(18)
Open air drive-in motion picture theaters.
(19)
Seasonal resort cottages.
(20)
Any use which emits excessive and objectionable
amounts of dust, fumes, noise, odor, vibration, smoke, glare or waste
products.
(21)
The use of boats or vehicles as residential
dwellings.
(22)
All cannabis cultivators; cannabis manufacturers; cannabis wholesalers;
cannabis distributors; cannabis retail stores and cannabis delivery
services, except for the delivery of cannabis items by a licensed
cannabis delivery service located outside of the Township.
[Added 7-14-2021 by Ord. No. 2021-11]
[Amended by Ord. No. 95-24; Ord. No. 96-19; Ord. No. 98-03; Ord. No. 98-04; Ord. No. 2000-02]
The following standards shall apply as indicated within specified zone districts to planned development or to variable lot size development. All planned development shall adhere to § 95-7.38, Planned development, and open space design shall adhere to § 95-8.9, Open Space design requirements.
A.
Variable lot size development in the R-20 Residential
District.
(1)
Variable lot size development shall be permitted in
the R-20 Zone District. The maximum number of residential building
lots for the variable lot size development shall be no greater than
the number of lots of the subdivided area if developed as a conforming
subdivision under the standard R-20 requirements as set forth in the
Schedule of Area, Yard, and Building Requirements[1] in compliance with other applicable ordinance standards.
The applicant shall submit a yield map showing a conventional conforming
layout and such other information as may be required by the approving
agency to demonstrate the number of lots permitted.
[1]
Editor's Note: The schedule is included at the end of this chapter.
(2)
Development standards.
(a)
No lot shall be less than 15,000 square feet
in size.
(b)
No more than 50% of the total lots shall contain
at least 15,000 square feet with minimum frontage of 85 feet.
(c)
No less than 35% of the total lots shall contain
at least 20,000 square feet with minimum frontage of 100 feet.
(d)
No less than 15% of the total lots shall contain
at least 30,000 square feet with minimum frontage of 150 feet.
(e)
The minimum area dimensions for all proposed
lots in a variable lot development within 200 feet of existing lots
developed for single-family development shall be equal to adjacent
lot size, except that no lot in the variable lot size development
shall be required to be more than 40,000 square feet in size.
(f)
The height and building requirements shall be
as specified in the R-20 Residential District provisions in the schedule,
except that where a lot fronts on an existing road, the minimum front
yard setback shall conform to the setbacks on the existing roads,
but shall in no event be less than 60 feet.
B.
Planned Development in the R-20 (PD) District. In
an R-20 (PD) District only, a planned development application classified
as a major subdivision (and major site plan, if applicable) shall
be permitted in accordance with the following standards and regulations.
The planned development shall consist of townhouses and patio homes.
(1)
The tract of lands shall have a minimum of 50 acres.
(2)
The maximum allowed density of development shall be
five units per gross acre of development subject to:
(a)
Such development shall contribute its prorated
share for the improvement of the Craig Road-Symmes Road intersection
and the Craig Road - Tennent Road intersection.
(b)
The development application shall result in
a zero increase in the rate of stormwater runoff, calculated from
a base line of an undeveloped condition. The evaluation of calculation
shall be based upon the Engineering Field Manual for Conservation
Practices, issued by the United States Department of Soil Conservation
Service or equivalent standards approved by the Township Engineer.
(c)
No townhouse or patio unit or accessory parking
area thereto shall be located within 50 feet of the tract boundaries
of the development nor within 100 feet of the perimeter boundaries
of any single-family residential unit with an area size of two or
less acres.
(3)
All other standards and requirements for townhouse
and patio dwellings shall be as specified below.
(a)
A minimum of 20% of the total area of the tract,
not including land designated as floodway by the New Jersey Department
of Environmental Protection shall be set aside as permanent open space.
The land so established shall comprise one or more areas of not less
than three contiguous acres each and will be used by the Township
or homeowners' association for general open space, recreation or education.
The Planning Board may accept, in lieu of open space areas established
by individual lot, designation in ownership by an owner's association
or the Township, all or portion of the required open space and included
in one or more individual, privately owned lots with a servient conservation
easement.
(b)
No townhouse or patio home structure shall be
closer than 50 feet to any public street.
(c)
Off-street parking facilities for the use of
residents and guests shall be provided in accordance with the provisions
of Article XI of this chapter.
(d)
The minimum floor area per unit shall be 750
square feet.
(e)
The maximum permitted building coverage is 20%.
(f)
Deck, patio and fence standards. Single level
decks and patios at the first floor shall be permitted of a maximum
depth of 12 feet from the outermost exterior wall of all premier units
and from the outermost exterior wall in the classics, which is the
fireplace wall. The deck and patios shall have a maximum width of
20 feet; however, in no case shall the width exceed the projection
of the sidewall lines of each individual dwelling unit. Decks and
patios shall be wood, brick paver or flat stone construction with
sand packed joints. No overhead construction or enclosures of decks
or patios shall be permitted. Shadow box board on board wood privacy
fences shall be permitted at a height of six feet above the surface
level of the deck or patio and a projection of not more than eight
feet from the rear wall of the dwelling unit. Only one privacy fence
shall be permitted between adjoining dwelling units.
C.
Planned retirement community in the R-20 (PRC) District.
(1)
A townhouse or patio home residential cluster development
shall be permitted as a planned retirement community in the R-20 (PRC)
District, subject to the following standards and requirements.
(a)
Minimum lot requirements. The minimum area for
a planned retirement community (PRC) shall be 25 acres.
(b)
The site shall have direct access and frontage
on a major road as designated on the Township Master Plan of roads.
(c)
The amount of frontage on major roads shall
be sufficient to provide not less than two distinct and different
means of access to the entire tract.
(d)
The development shall be serviced by public
water supply and public sanitary sewer facilities.
(e)
The tract shall be situated so as to provide
convenient access to shopping facilities for residents.
(f)
The residential density of the PRC shall not
exceed six units per gross acre.
(g)
There shall be not more than 10 dwelling units
in one building or structure.
(h)
Not more than 20% of the gross area of the entire
PRC shall be covered by residential buildings.
(i)
All residential buildings shall be set back
at least 25 feet from an interior roadway and at least 15 feet from
a driveway or off-street parking area. All nonresidential buildings
shall be set back at least 40 feet from any interior roadway.
(j)
In no case shall the distance between any buildings
and structures be less than 25 feet at the closest point of separation.
(k)
No buildings or structures, other than entrance
gate-houses, walls or fences, shall be located within 50 feet of any
exterior boundary line of the tract, except that along a state highway
right-of-way, the minimum setback shall be 300 feet for any dwelling
unit, except that the Planning Board may reduce this distance if man-made
sound barriers are provided.
(l)
Private interior roads and driveways shall have
the following minimum widths as measured from the face of curb to
face of curb: two-way traffic, 24 feet; and one-way traffic, 20 feet.
All public roads shall be designed in accordance with requirements
for local streets. The land area contained within the public road
right-of-way shall not be included in the area determining density
of development.
(m)
Off-street parking facilities shall be provided
in accordance with Article XI of this chapter.
(n)
There should be provided a safe and convenient
system of walks accessible to all occupants. Due consideration should
be given in planning walks and ramps to prevent slipping or stumbling.
Handrails and ample place for rest should be provided. Grading of
walks shall not exceed 10%; single-riser grade changes in walks shall
not be permitted; all walks adjacent to streets or driveways shall
have a minimum width of four feet.
(o)
Artificial lighting shall be provided along
all walks and interior roads and driveways and in all off-street parking
areas which is sufficient for the safety and convenience of the residents.
(p)
Not less than 20% of the gross area shall be
devoted to open green area.
(q)
There shall be not less than 10 square feet
of floor space per dwelling unit provided in community buildings.
Such facilities shall be designed and equipped to meet the social
and recreational needs of the anticipated residents. This may include
hobby and craft rooms, lounge areas, meeting rooms, card rooms or
other similar facilities.
(r)
Not less than 5% of the gross area of the tract
shall be developed for outdoor recreational use. This may include
swimming pools and related facilities, shuffleboard and horseshoe
courts, tennis courts and other appropriate facilities.
(s)
Fire alarms. Fire alarms shall be installed
in each dwelling unit in accordance with the requirements of the Uniform
Construction Code, which became effective January 1, 1977 (N.J.S.A.
52:27D-119 et seq.). With regard to any planned retirement community
already under construction as of the effective date of the Uniform
Construction Code, installation in such planned retirement community
of a fire alarm system containing both smoke and heat detectors and
which also contains an external horn and beacon service for each particular
condominium building shall be deemed to satisfy all previous requirements
of the Planned Retirement Community Ordinance as to fire alarms, provided
that such system, including an externally mounted horn and beacon
for each building, shall be installed throughout the entire community.
D.
Single-family detached residential cluster development
in the R-40/20 District. A single-family residential cluster shall
be permitted in the R-40/20 District subject to the following standards
and regulations:
(1)
The minimum gross area proposed for development shall
not be less than 30 contiguous acres.
(2)
A minimum of 25% of the total land area of the tract,
not including land areas classified as floodway area, or area of special
flood hazard, or as a wetland by the New Jersey Department of Environmental
Protection, shall be set aside as permanent open space. The land so
established shall comprise one or more areas of not less than five
contiguous acres each and will be used by the Township or homeowners'
association for general open space, or other such municipal purposes.
The Planning Board may accept, in lieu of open space areas established
by individual lot, designation in ownership by an owner's association
or the Township, all or a portion of the required open space land
included in one or more individual privately owned lots with a servient
conservation easement.
(3)
Height, area and building requirements shall be as
specified for R-40/20 Clusters on the Schedule of Area, Yard and Building
Requirements Exhibit 5-1, Residential Districts.[2]
[2]
Editor's Note: Exhibit 5-1 is included at the end of this chapter.
E.
Golf Course Residential Community District.
(1)
Purpose. The purpose of the Golf Course Residential
Community District is to continue the golf course character of the
area through the employment of combined recreational and residential
uses in order to maximize open space, recreational area, the preservation
of the environment, and designed to minimize the impact on Monmouth
Battlefield State Park. Within this zone a combination of dwellings,
as well as certain golf course recreational and maintenance structures,
may be permitted as a golf course residential community. The issuance
of building permits shall be contingent upon prior approval of an
overall development plan that satisfies the special requirements and
standards established for this zone to insure adequate open space,
site buffering, appropriate densities, proper ingress, egress and
circulation of traffic, stormwater detention, grading, and drainage.
The intent of this zone is to encourage the use of imaginative design,
to provide adequate open space, recreational area and preservation
of the environment.
(2)
In order to encourage and enable a golf course residential
community of desirable and imaginative design to maintain the standards
of this section, it is required that all sections or phases be developed
in accordance with a comprehensive plan for the overall development
of the property as approved by the Planning Board. Development successors
in title, if any, shall be bound by commitments made by this overall
development plan.
(a)
If developed in sections or phases, the first
section or phase shall include, at a minimum, the golf course and
all improvements necessary to serve the golf course, as well as all
improvements to serve the individual section or phase of residential
development. This is to ensure that not less than an eighteen-hole
golf course will be dedicated and that each section or phase can be
self supported and complete.
(b)
The development shall include single-family
detached age-restricted adult housing units with such units comprising
a minimum of 20% and a maximum of 25% of the total permitted residential
units.
(3)
Area, height and building requirements for a golf
course residential community shall be as follows:
(a)
Maximum area of building and impervious coverage.
The maximum area of land coverage by all structures in a golf course
residential community shall not exceed 30% of the total site area.
(b)
Minimum open area and recreation space. The
minimum open space and recreation space area required in a golf course
residential community shall not be less than 60% of the total gross
acreage of the site. Not more than 20% of the recreation area and
open space shall be wetlands and related buffers. "Open area" shall
be defined as that area of land which is permanently set aside and
designated on the site plan as dedicated open space, conservation
easement or in such other form as will insure that such property shall
remain open and undeveloped. "Recreation space" shall be defined as
that area of land permanently set aside and designated on the site
plan as open space being devoted to recreational use for golf or associated
recreational activities. The provisions for the organization to maintain
and own recreation space shall be subject to the review and approval
of the Township Attorney.
(c)
The golf course shall as a minimum, be an eighteen-hole
standard golf course which shall be integrated into the residential
community through the design of a linear fairway system that maximizes
the number of dwelling units which border the golf course. The majority
of the residential units shall be designed to be clustered along the
system of fairways and greens in order for the Planning Board to conclude
that the purpose and location of the common open space and the amenities
of recreation and visual enjoyment are adequate pursuant to N.J.S.A.
40:55D-45.
(d)
Maximum density and area requirements: The maximum
gross residential density shall not exceed 1.1 units per acre. This
figure shall be calculated by multiplying the gross acreage of the
tract by 1.1. That portion of the land developed to residential use
(exclusive of open area and recreation space) shall never exceed a
density of six units on any acre exclusive of wetlands, flood hazard
areas and stream corridors.
(e)
The residential development must be serviced
by a municipal or public water supply and sanitary sewer system which
shall be installed by and at the expense of the developer. It is recognized,
subject to the rules and regulations of the State of New Jersey, that
private wells may be utilized for the operation and maintenance of
nonpotable water demand for facilities such as the golf course and
common lawn area irrigation.
(f)
Minimum standards for residential development.
[1]
All residential lots for single-family detached
dwellings in the golf course residential community shall conform to
the following schedule:
[a]
Minimum lot area: 8,000 square
feet.
[b]
Minimum lot frontage: 80 feet except
that on a cul-de-sac or street with a curved alignment having an outside
radius of 500 feet or less, lot frontage shall not be less than 70%
of the required lot frontage.
[c]
Minimum lot width: 80 feet.
[d]
Minimum front setback: 25 feet.
[e]
Minimum side yard: 10 feet; total
both sides 25 feet.
[f]
Minimum rear yard: 25 feet.
[g]
Maximum building height: 2 1/2
stories and 35 feet in height.
[h]
Accessory building: same as principal
structures except rear setback, 10 feet.
[i]
Minimum building size: one-story
dwelling, 1,900 square feet; two-story dwelling, first floor 1,200
square feet, second floor 1,100 square feet.
[i]
All residential lots for age-restricted
single-family detached dwelling units shall conform to the following
schedule:
[A]
Minimum lot area: 6,000 square
feet.
[B]
Minimum lot frontage: 50 feet,
except that on a cul-de-sac or street with a curved alignment having
an outside radius of 500 feet or less, lot frontage shall not be less
than 75% of the required lot frontage.
[C]
Minimum lot depth: 120 feet.
[D]
Minimum lot width: 55 feet at the
front building setback line.
[E]
Minimum front setback line: 25
feet.
[F]
Minimum side yard: five feet one
side; 15 feet total for both sides. The five-foot requirement shall
apply to driveways, except that on a cul-de-sac or street with a curved
alignment, the side yard setback for the driveway may be reduced to
two feet at the front lot line.
[G]
Minimum rear yard: 20 feet.
[H]
Maximum building height: 35 feet
and 2 1/2 stories.
[I]
Maximum impervious lot coverage:
60%.
[J]
Accessory building: same as principal
structures except rear yard setback: 10 feet.
[K]
Minimum building size: 1,300 square
feet of habitable floor area, with a minimum of an attached one car
garage.
[ii]
There shall be not less than 15
square feet of floor space per age-restricted dwelling unit provided
in a community or clubhouse building, which building shall have a
minimum floor area of at least 3,000 square feet. Such facility shall
be designed and equipped to meet the social and recreational needs
of persons 55 years of age and older.
[iii]
Deed restrictions: Approval of
age-restricted adult housing units in the Golf Course Residential
Community District shall be conditioned upon the placement of restrictive
covenants on the deeds to any and all portions of the tract so developed
to insure that:
[A]
The age-restricted units qualify
as "55 or over housing" within the meaning of the Federal Fair Housing
Act.
[B]
Open space and recreation areas
shall be located in appropriate locations and arranged in such a manner
and with such facilities so as to further and foster the purposes
of the age-restricted adult housing.
[C]
Residents of the age-restricted
adult housing component of the golf course residential community shall
have the same access and opportunities to utilize the golf course
and community amenities as other residents of the community.
[D]
Prohibiting the conversion of garage
space to living space.
|
The age-restrictive covenants shall be subject
to review and approval of the Township Attorney.
|
[2]
All residential lots for attached townhouse
dwellings in the golf course shall conform to the following schedule:
[a]
Minimum lot area: 1,500 square
feet.
[b]
Minimum lot width: 24 feet.
[c]
Minimum lot depth: 75 feet.
[d]
Minimum front setback: 25 feet.
[e]
Minimum rear yard: 20 feet.
[f]
Maximum building height: 2 1/2
stories and 35 feet.
[g]
Minimum floor area: 1,000 square
feet for one story, 1,600 square feet for two-story structures.
[i]
A maximum of 25% of the total residential
units may be townhouse type units.
[ii]
All buildings shall be of designs
which are compatible with other residential structures in the community
to achieve a maximum of architectural harmony. In siting rows of townhouses,
dwelling units contained within each row must be staggered to avoid
a monotonous uniform appearance.
[iii]
There shall not be more than
eight nor less than four attached townhouses in any row. There shall
not be more than two contiguous units located in a row without a horizontal
offset of at least six feet unless the Planning Board determines that
the architectural treatment of the building location provides sufficient
visual interest and does not create a monotonous appearance.
[iv]
No structure containing a group
of attached townhouses shall exceed a length of 200 feet.
[v]
Townhouse buildings shall be spaced
as follows:
[A]
Front to front: 75 feet.
[B]
Rear to rear: 75 feet.
[C]
End to end (window wall to windowless
wall): 30 feet.
[D]
End to end (windowless wall to
windowless wall): 25 feet.
[E]
Any building face to the cartway
of a residential access street: 25 feet.
[F]
Any garage face to the cartway
of a residential access street: 30 feet.
[G]
Any garage face to the sidewalk
of a residential access street: 30 feet.
[3]
All residential lots for semidetached (patio
home/duplex) dwellings shall conform to the following schedule:
[a]
Minimum lot area: 3,000 square
feet
[b]
Minimum lot frontage: 40 feet.
[c]
Minimum lot width: 40 feet.
[d]
Minimum lot depth: 75 feet.
[e]
Minimum front setback: 25 feet.
[f]
Minimum rear yard: 20 feet.
[g]
Maximum building height: 2 1/2
stories and 35 feet.
[i]
A maximum of 30% of the total residential
units may be patio home type units.
[ii]
All semidetached units shall have
a minimum side requirement of zero feet on one side and 10 feet on
the other side.
[iii]
Semidetached buildings shall
be spaced as follows:
[A]
Front to front: 75 feet.
[B]
End to end (window wall to windowless
wall): 30 feet.
[C]
End to end (windowless wall to
windowless wall): 25 feet.
[D]
Any building face to the cartway
of a residential access street: 25 feet.
[E]
Any garage face to the cartway
of a residential access street: 30 feet.
[F]
Any garage face to the sidewalk
of a residential access street: 30 feet.
[4]
Parking requirements. Each dwelling unit shall provide off-street parking as specified by § 95-9.2B of this chapter. Not less than one of the parking spaces shall be contained in a fully enclosed garage. Convenient locations shall be provided throughout the community to incorporate visitors parking spaces.
[5]
Perimeter. No building or structure, other than
entrance gatehouses, walls or fences shall be located within 50 feet
of any exterior boundary line of the tract.
[6]
Streets and other requirements. Interior streets
shall be based on the projected needs of the full community development
of all land itself as proposed in the development plans submitted
to the Planning Board, as well as the need for fire-fighting and other
emergency vehicles. Interior roads shall be constructed to Township
standards and specifications. Where no on-street parking is anticipated,
the Planning Board may relax these standards and the interior roads
shall have the following minimum widths as measured from edge of pavement
to edge of pavement: two-way traffic, 26 feet; one-way traffic, 20
feet. Associated with the interior roads, a minimum right-of-way width
of 40 feet shall be provided. A safe and convenient system of continuous
walkways shall be provided. Artificial lighting shall be provided
along all interior roads and walkways which lighting shall be sufficient
for the safety and convenience of the residents and in accordance
with Planning Board recommendations.
(4)
Open space.
(a)
The developer shall provide for an organization
for the ownership and maintenance of any open space, inclusive of
open space devoted to recreational use for golf associated activities,
for the benefit of owners or residents of the development. Such organization
shall not be dissolved and shall not dispose of any open space except
to an organization conceived and established to own and maintain open
space for the benefit of such development, and thereafter such organization
shall not be dissolved or dispose of any open space without first
offering to dedicate the same to the Township of Manalapan.
(b)
In addition to the open space set aside for
recreational use, inclusive of the golf course, there shall be provided
an overall area of at least 1,000 square feet per unit for common
open space designed and intended for the exclusive use of the residential
areas of the development. Such open space shall not be within a wetland,
wetland transition area, or flood hazard area. The person or organization
having responsibility for maintenance of such open space shall be
the homeowners' association. All such space shall be protected by
fully recorded covenants or dedications running with the land. Homeowners'
open space shall be convenient to the dwelling units and shall be
interconnected. Linking passageways shall not be less than 20 feet
wide.
(c)
In the event that the organization with the
responsibility for open space fails to maintain it in reasonable order
and condition, then the Township of Manalapan, in accordance with
N.J.S.A. 40:55D-43, may correct such deficiencies and assess the cost
of maintenance against the properties within the development.
(5)
Homeowners' association.
(a)
Prior to receipt of final approval of the golf
course residential community or any section thereof, the applicant
shall submit to the Township Attorney for review, and reasonable approval
a copy of the proposed master deed, articles of incorporation, covenants,
bylaws and related documents concerning the homeowners' association.
(b)
A homeowners' association shall be established
for the purposes of owning and maintaining common property designed
as part of a golf course residential community in a manner enabling
the association to meet its obligations and responsibilities. A homeowners'
association shall incorporate the following provisions:
[1]
That the homeowners' association shall consist
of the owners of each of the residential units created as part of
the development. Required membership and responsibilities upon the
members shall be in writing between the association and each property
owner in the form of a covenant with each agreeing to liability for
his pro rata share of the association's costs.
[2]
That the association shall be responsible for
liability insurance, taxes, maintenance and other obligations assumed
by the association and shall hold the Township of Manalapan harmless
from any liability.
[3]
That the assessment levied by the association
upon each property owner may become a lien upon each property owner's
property.
[4]
That the association shall clearly describe
in its bylaws all the rights and obligations of each occupant and
property owner including a copy of any covenants, dedications, deeds
and articles of incorporation of the association and the fact that
every occupant and property owner shall have the right to use all
common properties.
[5]
That each of the members of the homeowners'
association shall have the right to become a member of the golf club
for the standard fees and dues charged to nonhomeowner association
members.
(6)
Application procedure.
(a)
Review and approval of an application for a
golf course residential community development, which development contemplates
construction over a period of years, shall be in accordance with site
plan and major subdivision procedures as contained in Article IV of
this chapter.
(7)
Responsibility for utilities and services. Within
the golf course residential community, except as otherwise provided
by law and any other public agency having jurisdiction over this matter,
all private roads, walkways, services, utilities, maintenance and
expenses which are comprised of or incurred in any of the interior
sections of the golf course residential community shall be the obligation
of the unit owners.
(8)
Development standards. The minimum design and construction
requirements for streets, roads, sidewalks, sewer facilities, utility
use and drainage shall be in compliance with appropriate Manalapan
Township regulations and ordinances.
(9)
Facilities and structures related and appurtenant
to the recreational uses, including a clubhouse which may include
a banquet facility, central dining room, lounge, pro shop, locker
and shower areas, and a central office area and similar uses related
to the activities of the golf course and the planned recreational
community shall be permitted as accessory uses. Existing clubhouse
facilities comprise a structure of 2 1/2 stories with 26,276
square feet of floor area. Along with this are banquet facilities
with a seating capacity of 400, and dining facilities with a seating
capacity of 135. Any expansion beyond these facilities will be allowed
only at the discretion of the Planning Board, with subsequent site
plan approval. Off-street parking and loading facilities shall be
provided at the clubhouse sufficient to meet the parking requirements
of all the activities at the clubhouse without shared use of parking
stalls.
F.
Planned office parks in the OP-10 and OP-10A Districts.
(1)
The area, yard and building requirements for the OP-10
and OP-10A Districts shall be as specified in the Schedule of Area,
Yard and Building Requirements, Exhibit 5-2, Commercial, Industrial
and Office Districts,[3] except that the minimum requirements may be modified as
permitted hereinafter for lots created by major subdivision for a
Planned Office Park within the OP-10 or OP-10A District as follows:
(a)
Planned office park. A planned office park in the OP-10 District shall consist of a tract or parcel of land having a total area of not less than 25 acres. In the OP-10A Zoning District the minimum tract area shall be 20 acres. Any office park which is proposed to be phased shall be based upon an overall concept plan in accordance with § 95-8.2B, General requirements, of the Township design requirements of Article VIII.
(b)
Lot area. Individual sites or lots shall be
of such size that the development will have architectural unity and
flexibility in arrangement and be of such size that all space requirements
provided in this chapter are satisfied; however, no lot shall have
an area of less than 1.5 acres.
(c)
Minimum yard depth: 50 feet from the lot line
forming the boundary of the park development and a minimum of 100
feet from a public street.
(d)
Lot coverage: 25% by buildings(s).
(e)
Maximum building height: one foot of building
for each one foot of yard depth measured from the lot lines forming
the boundaries of the park development, except that no building shall
exceed 50 feet in height.
(f)
Minimum gross floor area per lot: 5,000 square
feet.
[3]
Editor's Note: Exhibit 5-2 is included at the end of this chapter.
(2)
Permitted uses.
(a)
A planned office park of 300,000 square feet
or more of gross floor area may be permitted to include the following
uses within the development, provided that such uses do not exceed
5% of the maximum usable building area permitted for the planned development.
[1]
Banks or financial institutions;
[2]
Restaurants, provided that there is no drive-through
service or service in vehicles;
[3]
Pharmacies;
[4]
Card, gift or florist shop;
[5]
Dry cleaning pickup/dropoff service;
[6]
Barber/beauty shop; and
[7]
Child recovery center for the day care of sick
children of employees of the planned development.
(b)
Uses enumerated above shall only be permitted
as part of the planned development when designed and located primarily
for the convenience of the employees of the planned development and
to minimize vehicular trip generation within the development.
G.
Planned office/industrial parks in the SED-20 and
SED-20/W Districts.
(1)
Planned office/industrial park. A planned office and industrial park shall consist of a tract or parcel of land having a total area of not less than 20 acres. Any planned office industrial park which is proposed to be phased should be based upon an overall concept plan in accordance with § 95-8.2B, General requirements, of the Township design requirements in Article VIII.
(a)
Lot area. Individual sites or lots shall be
of such size that the development will have architectural unity and
flexibility in arrangements and be of such size that all space requirements
specified in the Schedule of Area, Yard and Building Requirements,
Exhibit 5-2, Commercial, Industrial and Office Districts[4] are satisfied, and further provided that no lot shall
have an area less than five acres.
[4]
Editor's Note: Exhibit 5-2 is included at the end of this chapter.
(b)
Lot width: 200 feet minimum.
(c)
Front yard: 50 feet, except for a lot fronting
Route 33, which shall have a minimum front yard depth of 200 feet.
(d)
Side yard: There shall be two side yards, the
sum of which shall equal at least 20% of the lot width as measured
at the front of the building line. No side yard shall be less than
30 feet.
(e)
Rear yard: 60 feet.
(f)
Lot coverage: 25%.
(g)
Maximum building height: 35 feet.
(h)
Minimum gross floor area per lot: 10,000 square
feet.
(i)
Within a planned office/industrial park, a helistop
shall be permitted as an accessory use, provided that the minimum
setback from any residential district shall be 1,000 feet.
(2)
Permitted uses.
(a)
A planned office/industrial park of 300,000
square feet or more of gross floor area may be permitted to include
the following uses within the development, provided that such uses
do not exceed 5% of the maximum usable building area permitted for
the planned development:
[1]
Banks or financial institutions;
[2]
Restaurants, provided there is no drive-through
service or service in vehicles;
[3]
Pharmacies;
[4]
Card, gift or florist shop;
[5]
Dry cleaning pickup/dropoff service;
[6]
Barber/beauty shop; and
[7]
Child recovery center for the day care of sick
children of employees of the planned development.
(b)
Uses enumerated shall only be permitted as part
of the planned development when designed and located primarily for
the convenience of the employees of the planned development and to
minimize vehicular trip generation within the development.
H.
Planned development in the R-5, Single-Family Affordable
Housing Residential District.
(1)
Planned development to facilitate the production of
affordable housing for low- and moderate-income households in the
R-5 Zone District is permitted on tracts of five or more contiguous
acres in accordance with the development standards and provisions
of this subsection.
(2)
Dwelling units within the planned development shall
be single-family dwelling units only.
(3)
The maximum density of the planned development shall
be 6.5 dwelling units per acre.
(4)
Each dwelling unit shall be properly connected with
an approved and functioning public sanitary sewer system and community
water system.
(5)
Notwithstanding the provisions of § 95-5.8, R-5, affordable housing requirements, a maximum of 23% of the dwelling units in the planned development may be dwelling units that are not restricted or subject to controls on occupancy and affordability by low- and moderate-income households as established by the rules and regulations of the New Jersey Council on Affordable Housing and with any fair-share housing plan adopted by the Township of Manalapan.
(6)
At least 77% of the total number of dwelling units
in the planned development but not less than 67 dwelling units total
shall be limited to occupancy by low- and moderate-income households
and be subject to affordability controls as established by the rules
and regulations of the New Jersey Council on Affordable Housing and
with any applicable Fair-Share Housing Plan and affordable housing
regulations adopted by the Township of Manalapan.
(7)
Area and yard requirements.
(a)
(d)
Maximum lot coverage (percent): 50.
(e)
Maximum habitable floor area ratio: 0.45.
(8)
Streets shall be constructed in accordance with the
Township standards for public streets except as follows:
(9)
A minimum of 2.0 off-street parking spaces shall be
provided per dwelling unit.
(10)
The minimum driveway setback required from a
side lot line shall be five feet.
(11)
Where a garage and driveway combination is proposed
to satisfy the off-street parking requirement for a dwelling, the
conversion of the garage to other uses is prohibited, and such prohibition
shall run with the land as a restrictive deed covenant approved by
the Township.
(12)
The following standards apply to fences, sheds,
and swimming pools:
(a)
Private swimming pools may be located within
five feet of a side or rear property line.
(b)
Sheds or storage buildings shall not exceed
100 square feet in area or 10 feet in height and shall be located
in a rear yard area only.
(c)
Fences shall not be permitted in the front yard
area. Fence height shall not exceed six feet in the side yard and
rear yard areas.
[Amended 12-19-2013 by Ord. No. 2013-11]
(14)
The minimum frontage required along the end
of a cul-de-sac may be reduced to 28 feet.
(15)
Each building lot shall have an improvable area
suitable for the placement of the dwelling and related improvements.
I.
Planned development in the ML-TH Mount Laurel Townhouse
Residential District.
(1)
Permitted use. Planned residential development in
the ML-TH District is a permitted use and shall be designed as a townhouse
complex which shall include affordable housing for low- and moderate-income
households. Commercial uses shall not be permitted. All dwellings
shall be constructed as townhouse dwellings except that low- and moderate-income
dwellings may be constructed as residential flats.
(2)
Area, yard and building requirements. Planned residential
development for the production of affordable housing for low- and
moderate-income households is permitted in the ML-TH Zone District
in accordance with the following standards and requirements.
(a)
Minimum contiguous lot area: 10 acres.
(b)
Maximum density: 10 dwelling units per acre.
(c)
Minimum lot frontage: 350 feet.
(d)
Minimum lot depth: 700 feet.
(e)
Minimum perimeter buffer: 25 feet.
(f)
Minimum building setback from tract boundary:
40 feet.
(h)
Minimum open space ratio: 0.25.
(i)
Maximum building coverage: 25%.
(j)
Maximum lot coverage: 65%.
(k)
Maximum habitable floor area ratio: .50.
(3)
Low- and moderate-income housing requirement.
(a)
Low- and moderate-income dwelling units shall
be constructed as part of the townhouse buildings and shall be distributed
among the market units.
(b)
A minimum of 20% of the total number of dwelling
units in the planned development shall be affordable to low- and moderate-income
households. Affordable units shall be limited to occupancy by low-
and moderate-income households and shall be subject to pricing, occupancy,
and affordability controls as established by the rules and regulations
of the New Jersey Council on Affordable Housing and by the affordable
housing regulations of the Township of Manalapan.
(c)
The development shall provide an affordable
housing plan for the low- and moderate-income units which plan shall
be subject to the approval of the Township Committee. The plan shall
be drawn to meet the requirements of the Township affordable housing
regulations and the requirements of the New Jersey Council on Affordable
Housing.
(4)
Multifamily and attached residential design requirements. Development design should adhere to § 95-8.6C, Multifamily and attached residential design requirements, except the following standards shall apply within the development to control the minimum building spacing, maximum number of dwelling units within a building and minimum dwelling unit size. Decks or porches shall not encroach into the minimum spaces set forth below.
(a)
The spacing of residential buildings in the
ML-TH zone shall adhere to the following minimums:
[1]
Windowless wall to windowless wall: 20 feet.
[2]
Windowed wall to windowless wall: 30 feet.
[4]
Any building face to a right-of-way: 25 feet.
[5]
Any building face to a common parking area:
12 feet.
[6]
Any building face to a street curb: 30 feet.
[7]
Any front entry garage door to a street sidewalk:
30 feet.
(b)
There shall be no more than 10 dwelling units
in a building. No principal building when viewed from any elevation
shall be greater than 180 feet in length.
(5)
Open space design requirements.
(a)
The total area of open space in the development
shall not be less than the minimum required by the open space ratio
for the ML-TH District.
(b)
Each ground floor residential unit shall have
a rear yard of at least 400 square feet. Each second floor residential
flat shall have a balcony of at least 60 square feet.
(c)
The planned development shall provide a common
open space area suitably improved for recreation.
(d)
The area, dimensions, and location of the common space shall be appropriate to its purpose and are subject to approval by the approving authority, but the area and dimensions on-site are not required to meet the open space design and area specifications of § 95-8.9A, B and D. To ensure that recreation activities are adequate, the approving authority may, however, require that recreation open space is provided on noncontiguous acreage.
(6)
Circulation design requirements.
(a)
Streets within the development shall be constructed
in accordance with the Township standards for residential access streets
provided that ADT does not exceed 1,500. Where ADT exceeds 1,500 collector
street standards shall apply.
(b)
Parking shall be provided in accordance with
the requirements of Article IX.
(c)
Where a garage and driveway combination is proposed
to satisfy the off-street parking requirement for a dwelling, the
conversion of the garage to other uses is prohibited and such prohibition
shall run with the land as a restrictive deed covenant approved by
the Township.
(d)
The use of parking loops to satisfy the parking
requirement is permissible, provided that the traveled way is constructed
in accordance with the Township standards for residential access street.
(7)
Requirement for sewer and water. Each dwelling unit
shall be properly connected with an approved and functioning public
sanitary sewer system and community water system.
(8)
The following standards apply to fences, sheds, decks,
and swimming pools:
(a)
Private swimming pools are prohibited. A pool
as part of a common recreation area is permitted, subject to the setback
standards for principal buildings.
(b)
Private sheds or storage buildings are prohibited.
Sheds or storage buildings are permitted as accessory buildings to
a common recreation area, subject to the setback standards for principal
buildings.
(c)
Fences shall not be permitted in front of a
dwelling unit or within a perimeter buffer.
(d)
Fences shall be permitted as a privacy screen
for the rear yards of dwelling units or for decks, provided that a
standard detail for such fencing has been approved as part of the
site plan.
(e)
Decks shall be permitted provided that the standard
details of the deck design have been submitted and approved as part
of the site plan.
J.
OP-10/Planned Retirement Community-Mount Laurel Contribution
Zone District. In the OP-10/PRC-MLC Zone District, single family detached
residential cluster development shall be permitted in a Planned Retirement
Community (PRC), consisting of single-family detached age-restricted
adult housing units and community amenities as provided for herein,
subject to the following standards and requirements:
(1)
General tract requirements.
(a)
The minimum tract area for a planned retirement
community shall be 50 acres.
(b)
The development shall be serviced by public
water supply and public sanitary sewer facilities.
(c)
The density of development in the PRC Zone District
shall not exceed 2.3 units per gross acre.
(d)
Not more than 20% of the entire tract shall
be covered by buildings.
(e)
Not more than 40% of the entire tract shall
be covered by impervious surface.
(2)
Recreation and common elements. A PRC shall provide
developed and undeveloped open space and common recreational or community
facilities for the exclusive use of its residents, in accordance with
the following standards:
(a)
Not less than 30% of the gross tract area shall be devoted to common open space, and such common open space shall be restricted, owned and maintained in accordance with § 95-8.9E, F, G, H and I of this chapter, except as modified by this subsection. All critical areas on the site, including wetlands, floodplains and the like, shall be encompassed within the common open space provided.
(b)
There shall be not less than 15 square feet
of floor space per dwelling unit provided in a community or clubhouse
building, which building shall have a minimum floor area of at least
3,000 square feet. Such facility shall be designed and equipped to
meet the social and recreational needs of the anticipated residents.
This may include hobby and craft rooms, lounge areas, meeting rooms,
card rooms, rooms providing support facilities for outdoor recreation
facilities or other similar facilities, as required to meet the needs
of persons 55 years of age and older.
(c)
Within the common open space, facilities shall
be included for outdoor recreational use. These facilities shall include,
as a minimum, a tennis court and an in-ground swimming pool and their
related improvements and may also include, but not by way of limitation,
shuffleboard, boccie and horseshoe courts, other racquet sports courts,
chipping and putting greens, and other appropriate facilities.
(3)
Building requirements. Only age-restricted single-family
detached dwelling units shall be permitted and all residential lots
shall conform to the following schedule:
(a)
Minimum lot area: 6,000 square feet.
(b)
Minimum lot frontage: 50 feet, except that on
a cul-de-sac or street with a curved alignment having an outside radius
of 500 feet or less, lot frontage shall not be less than 75% of the
required lot frontage.
(c)
Minimum lot depth: 120 feet.
(d)
Minimum lot width: 55 feet at the front building
setback line.
(e)
Minimum front setback line: 25 feet.
(f)
Minimum side yard: five feet one side; 15 feet
total for both sides. The five-foot requirement shall apply to driveways,
except that on a cul-de-sac or street with a curved alignment, the
side yard setback for the driveway may be reduced to two feet at the
front lot line.
(g)
Minimum rear yard: 20 feet.
(h)
Maximum building height: 35 feet and 2 1/2
stories.
(i)
Maximum impervious lot coverage: 60%.
(j)
Accessory building: same as principal structures
except rear yard setback: 10 feet.
(k)
Minimum building size; 1,300 square feet of
habitable floor area, with a minimum of an attached one car garage.
(4)
Perimeter setback requirements: No buildings or structures,
other than access drives, walkways, entrance gatehouses, walls, fences,
or drainage/utility structures, shall be located within 40 feet of
any exterior tract boundary, and the outer 25 feet of the perimeter
setback shall be designated as a landscape/conservation easement.
The perimeter setback shall be increased to 75 feet where the exterior
tract boundary abuts a collector road, and the outer 50 feet of the
perimeter setback shall be designated as a landscape/ conservation
easement.
(5)
Deed restrictions. Approval of a planned retirement
community shall be conditioned upon the placement of restrictive covenants
on the deeds to any and all portions of the tract so developed to
insure that the age-restricted units qualify as "55 or over housing"
within the meaning of the Federal Fair Housing Act and prohibiting
the conversion of garage space to living space. The age restrictive
covenants shall be subject to review by the Township Attorney.
(6)
Affordable housing contribution. The development fee to be paid in accordance with § 95-14.1 et seq. for a planned retirement community in the OP-10/PRC-MLC zone district shall be 1/2 of 1% of the equalized assessed value or $2,000 per approved unit, whichever is greater. The developer shall enter into an agreement with the Township in accordance with § 95-14.3A(3) for the payment of a voluntary housing fee in recognition of the incentive provided by the zone in allowing development of a planned retirement community.
K.
Village commercial development in the VC District.
(1)
Purpose. The purpose of the Village Commercial District
(VC) shall be to permit the development of a village-center-type of
project which will contain a variety of retail and office uses, clustered
around a village green. This district shall also have a defined open
space and/or recreational component which may or may not consist of
lands dedicated to the Township of Manalapan. Such a district is intended
to be developed in proximity to local and regional residential populations,
whether existing or proposed, in order to provide shopping, employment
and personal service opportunities to large residential population,
thereby reducing traffic impacts.
(2)
Permitted uses. The following uses shall be permitted
in the Village Center District:
(a)
Restaurant, Category One, Two and/or Three.
(b)
Professional offices, medical offices and clinics.
(c)
Business offices for clerical, research and
services.
(d)
Commercial shopping centers, consisting of the
following uses or such other nonresidential uses permitted in this
zone district: retail stores, shops and food markets.
(e)
Retail stacked storage.
(f)
Lumber or building materials stores.
(g)
Garden supply and nursery center.
(h)
Personal services, stores and offices.
(i)
Banks, including drive-through facilities and
fiduciary institutions.
(j)
Pharmacies, including drive-through facilities.
(l)
Child-care centers.
(m)
Municipal facilities operated by Manalapan Township.
(n)
Municipal, county or state parks, playgrounds
and ballfields.
(o)
Post office, library and similar public buildings.
(3)
Conditional uses. The following conditional uses shall
be permitted upon issuance of a conditional use permit:
(5)
Mixed use standards for the Village Center. The Village
Center shall include a variety of nonresidential uses and activities
intended to create an attractive open space setting and sense of community
for both the residents of the Township and the surrounding region.
To achieve this goal, the Village Center shall:
(a)
Include a minimum of 15% of its total lot area,
exclusive of public road rights-of-way, in public or semipublic use,
including but not limited to open space and outdoor public recreation
areas.
(b)
Provide for 50,000 square feet or 10% of the
total development gross floor area, whichever is less, of nonretail
commercial uses allowed as permitted uses under this chapter.
(c)
There shall be no more than one single user
or tenant in the VC District in excess of 100,000 square feet.
(d)
There shall be no more than one single user
or tenant in the VC District over 50,000 square feet, but less than
100,000 square feet.
(6)
Area, yard and building requirements.
(a)
Tract area. The tract may contain one or more
parcels of contiguous land with a total acreage of at least 100 acres.
For the purpose of calculating parcel acreage or any bulk requirements,
public and private streets and/or rights-of-way within the parcel
shall not constitute a division of the property.
(b)
Floor area. The minimum gross floor area of
the total tract shall be 50,000 square feet and the maximum floor
area ratio (FAR) for the total tract shall not exceed 0.75, excluding
public and quasi-public use buildings and structures. The total gross
floor area of buildings in the development shall not exceed 500,000
square feet, excluding public use buildings. Development land dedicated
to or restricted for public purpose use shall be utilized in the calculation
of maximum FAR.
(c)
Lot coverage. The maximum lot coverage for buildings,
computed as the ground floor gross floor area, shall not exceed 20%.
The maximum lot coverage for buildings and structures shall not exceed
a total of 75%. The calculations for maximum lot coverage shall exclude
public use buildings and structures. Development land dedicated to
or restricted for public purpose use, shall be utilized in the calculations
for maximum lot coverage.
(7)
Minimum building setbacks.
(8)
Maximum building and structure height.
(a)
Principal building: 50 feet from finished grade
including roof-mounted equipment and its screening, antennas and parapets.
(b)
Accessory building: 30 feet.
(c)
Architectural and aesthetic structures, such
as clock towers, flagpoles and the like: 50 feet.
(d)
In no case shall any structure within this district
exceed two stories.
(10)
Parking standards.
(a)
Parking for the Village Center buildings and
uses shall be in accordance with Exhibit 9-2, Off-Street Parking Requirements
for Nonresidential Land User of this chapter of the Code of the Township
of Manalapan.[5]
[5]
Editor's Note: Exhibit 9-2 is included at the end of this chapter.
(c)
Indoor athletic or recreation facilities and
leisure time uses at one space per 200 square feet of gross floor
area plus one space for each four seats in food service and audience
seating areas.
(d)
Permitted use in Subsection K(3)(a) (nonpublic schools) at the rate of one space per 150 square feet of gross floor area.
(e)
Parking for all public or semipublic uses shall be provided in accordance with § 95-9.2B or by agreement of the applicant and the Board allowing for the benefit of shared parking between the various uses.
(f)
Off-street parking setback:
(11)
Public water and sewer service. All building
and uses shall be serviced by public water and sewer systems.
(12)
Comprehensive design standards.
(a)
A comprehensive design plan for the entire tract
must be approved as part of the preliminary site plan approval. Phasing
of construction of the development is permitted consistent with the
preliminary development site plan approval.
(b)
The design of the planned commercial development
must be based upon a common architectural and landscaping theme. This
provision shall apply to lots created by subdivision within this district.
(c)
Exterior materials shall be selected for suitability
to the type of buildings and the design for which they are to be used
and shall be compatible between buildings.
(d)
Mechanical equipment and other utility hardware
placed on the roof of any buildings shall be properly screened from
the point of view of a person sitting in a car from the nearest point
on a public roadway.
(e)
Ground level utility cabinets shall be landscaped
and fenced where permitted.
(f)
Exterior down lighting affixed to buildings
shall be part of the architectural concept and the light source shall
be shielded from public view.
(g)
The approving authority may consider the benefits
of shared parking for different uses when approving the comprehensive
development plan, in order to reduce unneeded imperious coverage.
(h)
The approving authority may permit structures
intended for architectural and aesthetic improvements to be placed
within setback areas and buffers.
(13)
Subdivision of individual lots. The subsequent subdivision of individual lots within the development site is permitted, provided that the lots are created in conformance with an approved overall preliminary development site plan and the subdivided parcel has received final site plan approval. So long as the overall approved development had preliminary site plan approval, there shall be no maximum floor area ratio (FAR) or limitation on maximum building and building and structure coverage requirements for individual lots. Area, yard, building, loading and parking requirements contained in this subsection and approved on the final site plan shall not apply to the subdivided lot. A lot need not front on a public or private street, and no minimum distances between individual buildings are required. The intent of this provision is to permit individual buildings to exist as separate lots. However, each subdivided lot and any proposed improvement on that lot shall be subject to and may only be improved in accordance with the approved plan for the Village Center and shall not cause the overall development to exceed the standards set forth in this Subsection K.
(14)
Conditions of subdivision approval.
(a)
The Planning Board shall condition subdivision
approval upon the submission by the applicant and review by the Board
attorney of common usage and maintenance reciprocal easement agreements
providing for continued provision of common parking areas, roadways,
accessways, utility services, drainage facilities, common facilities,
landscaped areas, signage, site security, snow removal, maintenance
and upkeep. Such agreement shall not be amended or modified without
approval of the approving authority.
(b)
The reciprocal easement agreement shall be recorded
in the Monmouth County Clerk's office prior to the first development
certificate of occupancy being issued.
(c)
Subdivision of a lot after final site plan approval
shall be a minor subdivision without further public notice.
L.
Lot size averaging in the R-AG, R-AG/4, and RE Districts.
The purpose of this subsection is to provide an alternative design
technique in specific zone districts to promote the goals of the Master
Plan. The overall planning for a tract may better respond to the intent
and purpose of the Master Plan to protect the environment and conserve
open space if flexibility in the design of a major subdivision is
permitted. In particular, the conservation zoning goals and objectives
included in the Master Plan, and the goal of maintaining large, contiguous
open areas, may be better addressed if some modification of the minimum
lot size requirement is allowed, provided the overall intensity of
permitted development is no greater than the maximum number of lots
that would result from a conforming conventional development.
[Added 5-22-2002 by Ord. No. 2002-16]
(1)
Lot size averaging is permitted in the R-AG, R-AG/4,
and RE Zone Districts in a major subdivision of a contiguous tract
of land that is 15 acres or greater in area.
(2)
Building area requirements.
(a)
Lots in the R-AG and the R-AG/4 Districts shall
conform to the requirements of the zone district in which they are
located as established in the Schedule of Area, Yard and Building
Requirements,[6] except that the minimum lot area required may be reduced in accordance with § 95-5.4L(5) below.
[6]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
(b)
Within the RE District, the approving authority may approve the varying of lot areas and dimensions, and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the RE Zone District as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with § 95-5.4L(5) below, and further provided that no dimension, yard, setback, or other dimensional requirement shall be less than the minimum requirements of the R-40 Residential Zone District.
(3)
Maximum permitted number of lots. The use of lot size
averaging in a subdivision plan shall not result in a greater number
of lots than would result if a parcel were developed as a fully conforming
conventional subdivision of lots. For purposes of determining the
maximum number of lots permitted under lot size averaging, the applicant
shall submit a lot yield map of a conforming conventional subdivision
layout. The conforming lot yield map shall be in a sufficient detail
to permit the approving authority to make an informed decision that
the subdivision satisfies all ordinance requirements and would be
approvable by the approving authority as a conventional subdivision
without the need for any lot area or lot dimension variances or exceptions
to subdivision design standards. The number of lots shown on an accepted
lot yield map shall be the maximum number of lots permitted for subdivision
under lot size averaging.
(4)
Design criteria. Lot size averaging will be permitted
where the approving authority determines that the resource conservation
and/or farmland preservation goals and objectives of the Master Plan
are better served by the lot size averaging plan than by the conventional
plan for development. The applicant shall demonstrate to the approving
authority that the lot size averaging plan is clearly preferable to
the conventional plan with respect to one or more of the following
factors; stream corridor protection, steep slope protection, agricultural
retention, preservation of forests and woodlands, preservation of
habitat for native flora and fauna, protection of scenic views, protection
of landmarks, reduction in site disturbance from clearing and grading,
reduction in impervious surface, conservation of the site's natural
features and topography, and relationship to open spaces on neighboring
parcels.
(5)
Minimum lot area. The minimum lot area may be reduced to the minimum permissible lot size for lot size averaging as shown in the table below, provided that the average lot area in the development shall be at least the conventional lot size required for the respective zone district, and, further provided, that the total number of lots then shall be no greater than the maximum permitted number of lots established in accordance with § 95-5.4L(3) above.
|
Zone District
|
Minimum Permissible Lot Size
(acre)
|
Average Lot Size Required
(acre)
| |
|---|---|---|---|
|
R-AG/4 Rural Agricultural
|
1.5
|
4
| |
|
R-AG Rural Agriculture
|
1.5
|
2.76
| |
|
RE Residential Environmental
|
1
|
3
|
(6)
Distribution of lot sizes. At least 20% of the lots
proposed for lot size averaging shall be six acres or greater in area.
(7)
Deed restrictions. Each lot that is part of a lot
averaging plan shall be permanently deed restricted from any future
subdivision of that lot. When only a portion of a tract is to be developed
in a lot averaging plan, deed restrictions against further subdivision
shall be required only for the portion of the tract devoted to the
lot averaging plan.
M.
Farmland preservation subdivision. The purpose of
this subsection is to provide an alternative design technique in specific
zone districts to promote the goal of the Master Plan to maintain
the rural features of the community and preserve farmland. The overall
planning for a tract may better respond to the intent and purpose
of the Master Plan if flexibility in the design of a major subdivision
of farmland is permitted in conjunction with state, county and Township
programs that will preserve a substantial portion of the land in farm
use. In particular, the farmland preservation goal may be better achieved
if some modification of the minimum lot size requirement for development
is permitted where a substantial portion of the farmland can be permanently
preserved for farm use in conjunction with the farmland and open space
programs established pursuant to the Garden State Preservation Trust
Act.
[Added 5-22-2002 by Ord. No. 2002-16]
(1)
A farmland preservation subdivision is permitted in
the R-AG, R-AG/4, and RE Zone Districts on a farm that is 20 acres
or greater in area and where at least 70% of the farm is to be permanently
preserved for farm use only through a farmland or open space preservation
program established pursuant to the Garden State Preservation Trust
Act.
(2)
Building area requirements. Lots shall conform to the requirements of the zone district in which they are located as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required may be reduced in accordance with § 95-5.4M(5) below.
(a)
Within the R-AG and the R-AG/4 Districts, the approving authority may approve the varying of lot areas and dimensions, and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the R-AG and the R-AG/4 Districts as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with § 95-5.4M(5) below, and further provided that no dimension, yard, setback, or other dimensional requirement shall be less than the minimum requirements of the R-40 Residential Zone District.
(b)
Within the RE District, the approving authority may approve the varying of lot areas and dimensions, and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the RE Zone District as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with § 95-5.4M(5) below, and further provided that no dimension, yard, setback, or other dimensional requirement shall be less than the minimum requirements of the R-20 Residential Zone District.
(3)
Maximum permitted number of dwelling units.
(a)
A farmland subdivision plan shall not result
in more than 50% of the maximum number of lots for single-family dwellings
than would have resulted from a conforming conventional subdivision
of the farm based upon the greater of:
(b)
For the purpose of determining the maximum number
of lots permitted as the farmland subdivision, the applicant shall
submit a lot yield map of a conforming conventional subdivision layout
based upon either the current zoning or the zoning in effect on November
3, 1998. The conforming lot yield map shall be in a sufficient detail
to permit the approving authority to make an informed decision that
the subdivision satisfies the applicable ordinance requirements. The
number of lots permitted for the farmland subdivision shall not exceed
50% of the number of lots shown on the accepted lot yield map.
(4)
Approval criteria. A farmland subdivision will be
permitted where the approving authority determines that the farmland
preservation goals and objectives of the Master Plan are better served
by the farmland subdivision plan and that it meets the standards and
requirements for approval as a farmland subdivision.
(a)
The applicant shall provide a subdivision plan
identifying the total farm area proposed for subdivision, and clearly
identifying the farm lot that will be permanently preserved and maintained
for farm and/or open space use in conjunction with the farmland and
open space programs established pursuant to the Garden State Preservation
Trust Act and/or the Township of Manalapan. At least 70% of the tract
shall be permanently preserved and maintained as a farm lot for farm
and/or open space use.
(b)
The farmland subdivision plan shall identify the area to be further subdivided for single-family residential development as provided in the approval criteria under § 95-5.4M above. The area for further subdivision shall not exceed 30% of the total farm area and shall be shown by the applicant to be suitable for residential development.
(c)
The farmland subdivision plan will be permitted
where the approving authority determines that the farmland preservation
goals of the Master Plan will be better served by the farmland subdivision
and that the farmland subdivision proposed is acceptable to the state,
county, or Township agency that will be responsible for securing a
property interest that ensures the permanent preservation of at least
70% of the total farm area proposed for subdivision in farm/open space
use; and further determines that the farmland subdivision plan is
preferable to the conventional plan with respect to any of the following
factors: stream corridor protection, steep slope protection, preservation
of forests and woodlands, preservation of habitat for native flora
and fauna, protection of scenic views, protection of landmarks, reduction
in site disturbance from clearing and grading, reduction in impervious
surface, conservation of the site's natural features and topography,
and relationship to open spaces on neighboring parcels.
(5)
Minimum lot area. The minimum lot size for the area to be further subdivided for single-family residential development may be reduced to the minimum permissible lot size as shown in the table below, provided that the average lot area of the farmland subdivision, inclusive of the lot preserved for farm use, shall be at least the conventional lot size required for the respective zone district, and, further provided that the total number of dwelling units shall be no greater than the maximum permitted number established in accordance with § 95-5.4M(3) above.
|
Zone District
|
Minimum Permissible Lot Size
(acre)
|
Average Lot Size Required
(acre)
| |
|---|---|---|---|
|
R-AG/4 Rural Agricultural
|
1.0
|
4
| |
|
R-AG Rural Agriculture
|
1.0
|
2.76
| |
|
RE Residential Environmental
|
0.46
|
3
|
(6)
Deed restrictions. Each lot created by the farmland
subdivision plan shall be permanently deed restricted from any future
subdivision that would reduce the lot area. If all or part of the
30% of the farm designated for further residential development is
being reserved for future subdivision as building lots in accordance
with the farmland subdivision approval, then the maximum number of
lots and dwellings that can be created from the tract shall be restricted
by deed.
(7)
Other requirements.
(a)
A farmland preservation subdivision application
requires subdivision review and approval in accordance with the other
applicable requirements for subdivision set forth in the Manalapan
Township Development Regulations.
(b)
A demarcation shall be provided along the border of any residential lot and any farmland to be preserved. The demarcation shall consist either of trees, shrubbery, fencing, or a combination of the same acceptable to the approving authority. The demarcation shall be recited in the deed restriction required by § 95-5.4M(6).
(c)
Any resolution granting approval to a farmland
subdivision shall include a specific condition that the acreage to
be permanently preserved for farm and/or open space use is duly accepted
into a farmland and/or open space program established pursuant to
the Garden State Preservation Trust Act and/or the Township of Manalapan
that perpetually restricts the use of the property to farmland and/or
conservation use; and on the recording of a deed of easement with
the County Clerk. The deed of easement shall be in a form approved
by the agency responsible for preservation of the farm and/or open
space acreage.
(d)
Any contract, deed, or plat resulting from a farmland subdivision approval shall conform to the notice of farm use provisions of § 95-7.48 of the Township Development Regulations.
(e)
The resolution adopted by the approving authority
granting farmland subdivision approval shall be recorded by the applicant
in the office of the Monmouth County Clerk.
N.
Single-family detached residential clusters in the R-AG, R-AG/4 and RE Districts. The development and use of land within the R-AG, R-AG/4, and RE Districts may better respond to the intent and purpose of the Master Plan for the protection of the environment and the conservation of open space through the design of residential clusters whose overall intensity does not exceed the intensity of a permitted conventional development. Accordingly, a residential cluster of single-family dwellings may be permitted as an alternative form of development in the R-AG, R-AG/4 and the RE Zone Districts on a contiguous or noncontiguous land area that is to be developed as a single entity according to a plan that preserves a significant area of open space, as provided below in § 95-5.4N(7), Open space design requirements. The Township approving authority may approve a residential cluster in the R-AG, R-AG/4, or RE Districts where it determines that the following requisite standards and criteria for the residential cluster option are met.
(1)
Cluster option. The Township will favor cluster design
where an applicant for the cluster option demonstrates that, compared
to a conventional layout, the cluster design will benefit the community
by conserving resources, preserving open space, and by reducing the
need for additional infrastructure. For purposes of evaluating the
cluster option, the applicant shall submit a lot yield map of a conforming
conventional subdivision layout. The approving authority shall compare
the benefit of the cluster subdivision plan to the conventional subdivision
plan by considering the following factors: reduction in the total
area of land disturbance; reduction in the total area of impervious
coverage; reduction in the total length of new streets; reduction
in the construction of new drainage facilities; and the preservation
of trees and woodland.
(2)
Required location.
(a)
A residential cluster of single-family dwellings may be located on contiguous or on noncontiguous land in the R-AG and/or R-AG/4 Zone Districts, with the single-family dwellings located so that higher densities result in one area or in part of one area of the land in the R-AG or R-AG/4 Zone Districts, thereby enabling the preservation of common or public open space on the remaining area of land in the R-AG or R-AG/4 Districts. The single-family dwellings and the open space of an R-AG or R-AG/4 cluster shall be located in no other zone district except as provided in § 95-5.4N(9) below.
(b)
A residential cluster of single-family dwellings may be located on contiguous or on noncontiguous land in the RE Zone District, with the dwelling units located so that higher densities result in one area or in part of one area of the land in the RE Zone District, thereby enabling the preservation of common or public open space on the remaining area of land in the RE Zone District. The dwelling units and the open space of an RE cluster shall be located in no other zone district except as provided in § 95-5.4N(9) below.
(3)
Minimum total land area required. The minimum total
land area required for development as a residential cluster is 40
acres. At least 65% of the total minimum land area requirement for
a residential cluster shall be unencumbered by any of the following:
wetlands or wetlands transition areas; areas of special flood hazard;
existing easements for utilities or drainage; rights-of-way; surface
waters. Land that is already permanently protected from development
as open space through a conservation easement or other means cannot
be used to satisfy the minimum area requirement.
(4)
Minimum tract size required for noncontiguous land. No individual tract of land proposed for development as a noncontiguous residential cluster shall be less than 15 acres. At least 65% of this minimum area requirement shall be land unencumbered by any of the following: wetlands or wetlands transition areas; existing easement areas for utilities or drainage; rights-of-way; areas of special flood hazard; surface waters. Land that is already permanently protected from development as open space through a conservation easement or other means shall not satisfy the minimum land area requirement. The total of all noncontiguous tracts in the cluster shall not be less than the minimum total land area required in § 95-5.4N(3) above.
(5)
Maximum permitted number of dwelling units. The residential
cluster shall not yield a greater number of dwelling units than would
result from the development of the land as a fully conforming conventional
subdivision of single-family lots. For purposes of determining the
maximum number of dwellings permitted under the residential cluster
alternative, the applicant shall submit a lot yield map of a conforming
conventional subdivision layout. The conforming lot yield map shall
be in a sufficient detail to permit the approving authority to make
an informed decision that the subdivision satisfies all ordinance
requirements in every respect and would be approvable as a conventional
subdivision without the need for any variances, waivers, or exceptions
from the Township Development Regulations. The number of dwellings
shown on an accepted lot yield map of a conforming subdivision shall
be the maximum number of lots permitted in the residential cluster.
(6)
Minimum area and bulk standards for residential lots.
(a)
The number of dwellings shown on an accepted
lot yield map of a conforming subdivision shall be the maximum number
of lots permitted in the residential cluster. The minimum size for
a residential lot in a cluster development in the R-AG and the R-AG/4
Zone Districts shall be 1 1/2 acres with a minimum improvable
area of 15,000 square feet. The residential cluster lot shall otherwise
conform to the yard and bulk standards of the R-R Residential Zone.
The density of the cluster development based on its total land area
shall not exceed the maximum permitted density of the zone district.
(b)
The number of dwellings shown on an accepted
lot yield map of a conforming subdivision shall be the maximum number
of lots permitted in the residential cluster. The minimum size for
a residential lot in a cluster development in the RE Zone District
shall be 3/4 of an acre with minimum lot frontage and width of 150
feet. The residential cluster lot shall otherwise conform to the yard
and bulk standards of the R-20 Residential Zone. The density of the
cluster development based on its total land area shall not exceed
the maximum permitted density of the zone district.
|
Zone District
|
Minimum Cluster Lot Size
(acres)
|
Maximum Permitted Density In Dwelling
Units Per Acre
| |
|---|---|---|---|
|
R-AG/4 Rural Agricultural
|
1.5
|
0.25
| |
|
R-AG Rural Agriculture
|
1.5
|
0.36
| |
|
RE Residential Environmental
|
0.75
|
0.33
|
(7)
Open space design requirements. The cluster design
for open space should be arranged to preserve land as public or common
open space in accordance with the following criteria.
(a)
A minimum of 60% of the gross land area of the
cluster shall be preserved as common or public open space. If the
residential cluster includes an existing farm, the continued use of
preserved open space as a farm may be permitted, subject to approving
authority acceptance of the continued farm operation as part of the
overall cluster design.
(b)
All areas to be preserved as public or as common
open space shall be clearly identified and reserved on the plans submitted
for approval. The existing and planned use of the open space shall
be indicated on the plans.
(c)
The minimum land area required to be preserved
as common or public open space shall be land that is not already preserved
as open space or preserved as farmland, or is the subject of an application
or contract of sale to be preserved as open space or farmland.
(d)
The area proposed as public or private open
space shall be suitable for enjoyment and use as open space. The approving
authority may require that the applicant submit a Phase I and, if
deemed necessary, a Phase II environmental report. The approving authority
may withhold approval of any area that it deems unsuitable as open
space.
(e)
At least 65% of the minimum land area required
to be preserved as common or public open space shall be land unencumbered
by any of the following: wetlands or wetlands transition areas; areas
of special flood hazard; existing easement areas for utilities or
drainage; rights-of-way; surface waters.
(f)
Stormwater management basins are structures
and do not qualify as open space for the purpose of meeting the public
or common open space requirements.
(g)
Any common or public open space area shall be
at least 10 acres in area and have a minimum width of 200 feet and
a minimum depth of 200 feet unless the approving authority determines
that the proposed open space area is contiguous with and/or expands
or extends an existing common open space or a public open space; or
that the proposed open space is contiguous with a land area in other
ownership that has been permanently preserved as open space or as
farmland pursuant to a federal, state, county, or Township open space
acquisition or farmland preservation program. In such cases, or for
other reasons that would advance the public interest, the approving
authority may approve a smaller area where it determines that such
action would be beneficial to the open space design of the cluster.
(h)
An open space lot shall have a minimum road
frontage of at least 200 feet.
(8)
Open space ownership. The application for development shall identify the existing and proposed ownership of all proposed open space areas. The Township, or federal, state, or county agency, may accept the dedication of open space land or any interest therein for public use and maintenance. In the event that the developer does not dedicate the open space to the Township, or the Township declines the dedication of the open space, the developer shall provide for the preservation, ownership, and maintenance of the open space in accordance with the applicable requirements of § 95-8.9 of the Township Development Regulations and N.J.S.A. 40:55D-43.
(9)
Relationship to single-family detached residential cluster development in the R-40/20 District. The developer of a single-family detached residential cluster development in the R-40/20 District that is permitted under § 95-5.4D of the Township Development Regulations, may propose that the open space required for the R-40/20 cluster be provided in the R-AG, or the R-AG/4, or the RE Districts. The approving authority may allow the open space requirement of an R-40/20 residential cluster to be provided in the R-AG or the R-AG/4 or the RE Districts where it determines that preservation of open space presents a significant opportunity for improved community planning that better conserves natural and cultural resources, preserves open space and farm areas, or reduces the need for additional infrastructure. The approving authority may permit the residential lot yield attributable to a conforming conventional subdivision of the open space land preserved in the R-AG or the R-AG/4 or the RE Zone Districts to be located in the R-40/20 Residential Zone District as part of the R-40/20 residential cluster development.
O.
Planned commercial development in the OP-10 District. A developer
may choose planned commercial development with retail uses in the
OP-10 Office Park District as an alternative to other permitted uses
of the zone, subject to the following requirements:
[Added 2-25-2015 by Ord.
No. 2015-05]
(1)
Minimum tract area and location. The minimum tract area required
for development as a planned commercial development in the OP-10 District
shall be 35 contiguous acres. The tract shall front on N.J.S.H. 9
and on Symmes Drive.
(2)
Planning. A site plan for the development and operation of the entire tract proposed for use as a planned commercial development shall be submitted for Planning Board approval. The site plan shall show how the planned commercial development will be designed, developed, and operated as a single entity to satisfactorily address the requirements of the Township development regulations. The site plan shall include plans for utilities, landscaping, and stormwater management and other site plan information as required by the Township development regulations. The design of individual buildings shall be coordinated to address the requirements of § 95-8.6, Architectural and building design requirements.
(3)
Maximum building floor area. The maximum permitted floor area within
the planned commercial development shall be 105,000 square feet.
(4)
Permitted uses. Any use permitted within the OP-10 Office Park District
and/or within the C-1 Regional Commercial Shopping Center District
shall be a permitted use within the planned commercial development.
(5)
Required mix of uses. The planned commercial development shall provide
for a mix of uses which shall include restaurant use and public use.
The public use shall provide an area for public access as an off-street
parking area for commuter parking with a minimum of 300 parking spaces.
(6)
Minimum open space. A minimum of 45% of the planned commercial development
shall be designed and maintained as open space. Open space may include
areas of freshwater wetlands and freshwater wetlands transition areas.
(7)
Area, yard, and building requirements. The planned commercial development
shall meet the requirements of the OP-10 District for area, yard,
and building; buffers; and parking and loading setbacks, except as
specified below.
(a)
The dedicated area for public off-street commuter parking shall
not be subject to the minimum required setbacks. The Planning Board
may approve a reduced setback for the public off-street commuter parking
area as determined to be appropriate by the Board based upon Board
review of the site plan for the design and operation of the entire
tract.
(b)
The applicant may provide an averaging plan to reduce the minimum
yard provided for parking areas, loading areas, buildings, and structures
provided that the minimum yard provided is not less than 50 feet and
further provided that any reduced yard areas and any areas planned
to offset the reduction are approved by the Planning Board as part
of the site plan for the planned commercial development.
(8)
Signage. Signs permitted in the C-1 District and/or the OP-10 District shall be permitted within the planned commercial development. The site plan shall include a program for signs meeting the requirements of § 95-8.7I, Planning requirements for shopping centers, industrial parks, and office parks. The program for signs shall be subject to Planning Board review and approval.
A.
Permitted uses. In all limited business districts
(LB-T, LB-M, LB-S, and LB-W), the following uses shall be permitted,
subject to any additional regulations provided for in the particular
district.
C.
Accessory uses.
(1)
Off-street parking and loading shall be a required
accessory use in the Limited Business District.
(2)
Fences, signs and walls should be permitted as an
accessory use in the Limited Business District.
(3)
Private swimming pool accessory to a detached single-family residence.
[Added 9-13-2023 by Ord.
No. 2023-14]
D.
Limited Business/Tennent.
(1)
In addition to the uses permitted in Subsection A above, the following shall be permitted in the Limited Business/Tennent District:
(a)
Single-family detached residential uses provided
the lot fronts upon Main Street.
(b)
Home occupations, as an accessory use to any single-family detached residential use with frontage along Main Street subject to § 95-7.16B of this chapter.
(c)
Office, retail and restaurant uses, provided
that they are located no closer than 300 feet to a single-family residential
district.
(d)
Pet cemeteries, provided that no cremation facilities shall be permitted.
[Added 12-3-2014 by Ord.
No. 2014-14]
(e)
Funeral homes.
[Added 12-3-2014 by Ord.
No. 2014-14]
(2)
The required area, building and yard requirements
for the LB/Tennent District shall be as provided in the Schedule of
Area, Yard and Building Requirements, Exhibit 5-2, Commercial, Industrial
and Office Districts.[1]
[1]
Editor's Note: Exhibit 5-2 is included at the end of this chapter.
E.
Limited Business/Millhurst. The Township Master Plan identifies Millhurst as an historic place of the early settlement of the Township. Consequently, the design standards of § 95-8.4, Landmark design requirements, shall apply to applications for site plan approval in the Limited Business/Millhurst District. In addition to the uses listed in Subsection A, the following shall be permitted uses in the Limited Business/Millhurst District:
[Amended 9-12-2012 by Ord. No. 2012-11]
(1)
Nursery schools.
(2)
Lumber and building materials dealers, provided that
such a use is located on a minimum lot size of 12 acres and fronts
upon a county road.
(3)
A Category One restaurant, provided that such a use
fronts on Sweetmans Lane (CR 527) or on NJSH 33.
(4)
Data centers.
(5)
Retail uses limited to 30% of the building area of all buildings
on a site, and provided that all retail uses on a site shall front
on Sweetmans Lane (CR 527).
(6)
Instructional and vocational uses.
(7)
Fitness/health clubs.
(8)
Flex space.
[Added 12-19-2012 by Ord. No. 2012-18]
The public health, safety, and general welfare
requires that development in specified areas must be subject to the
control of additional uniform regulations and requirements. These
specified areas may overlay a portion or all of one or more underlying
zone districts. Within an overlay area, the requirements of the overlay
zone shall govern.
A.
Airport Safety Overlay Zone.
(1)
The Airport Safety Overlay Zone is established in
conformance with the general requirements and provisions of the Air
Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A.
27:1 and 6:1 et seq.[1]) and in accordance with N.J.A.C. 16:62 (16 N.J.R. 977-83,
17 N.J.R. November 4, 1985 2673-2674) and N.J.A.C. 16:62 (21 N.J.R.
1378 May 15, 1989).
[1]
Editor's Note: No sections denoted 27:1 and
6:1 et seq. See N.J.S.A. 6:1-81 et seq.
(2)
The location of the Old Bridge Airport, adjacent to
Manalapan Township, requires the delineation of an Airport Safety
Zone, including runway subzones, runway end zones, and clear zones,
pursuant to N.J.A.C. 16:62 et seq.
(3)
Delineation of airport safety areas.
(a)
Areas within the Airport Safety Zone shall include
any area of land or water, or both upon which an airport hazard might
be created or established if not prevented as provided by N.J.A.C.
16:62. The boundaries of the Airport Safety Zone established for the
Old Bridge Airport shall be utilized as the boundaries of the Airport
Safety Overlay Zone in Manalapan Township.
(b)
The delineation of the Airport Safety Overlay
Zone is shown on the Manalapan Township Zoning Map and the overlay
boundaries and these regulations shall be interpreted and applied
in accordance with the N.J.A.C. 16:62 et seq.
(4)
Development activity within delineated Airport Safety
Overlay Zone is hereby restricted and constrained in accordance with
the provisions of this subsection.
(5)
No person shall establish an airport hazard which
is constituted by either:
(a)
Any use of land or water, or both, which may
create a dangerous condition for persons or property in or about an
airport or aircraft during landing or taking off at an airport; or
(b)
Any structure or tree which obstructs the airspace
required for the flight of aircraft in landing or taking-off at an
airport.
(6)
No person shall build, rebuild, create or cause to
be built, rebuilt, or created any object or structure, or plant, or
cause to be planted or permit to grow a tree or vegetation, which
will interfere with, diminish, change or obstruct the airspace or
landing and takeoff area available for the landing and takeoff of
aircraft at public use airports except that this chapter shall not
require the removal of or lowering of, or other change or alteration
of any structure or tree not conforming to the rules when this subsection
was adopted.
(7)
Minimum development standards. Within the Airport
Safety Overlay Zone the following standards are hereby established:
(8)
Vertical height obstruction. No person shall establish
a vertical height obstruction which shall include construction, reconstruction,
creation or establishment of any vertical structure or planting of
a tree which would violate the provisions of N.J.A.C. 16:62-4.2, Methodology
used to define the vertical development allowed within an Airport
Safety Area. Interstate highways shall be considered to be a seventeen-foot
vertical obstruction; public roads other than an interstate highway
shall be considered to be a fifteen-foot vertical obstruction; private
roads shall be considered to be a ten-foot vertical obstruction and
railroads shall be considered to be a twenty-three-foot vertical obstruction.
(9)
Specifically prohibited land uses. No person shall
establish within the Airport Safety Overlay Zone any of the prohibited
land uses specifically enumerated in this subsection without the written
approval of the New Jersey Commissioner of Transportation, provided
that such uses are permitted within the underlying zone district.
(a)
Residential dwelling units not situated on a
lot of at least three acres in size, except that lawful preexisting
single-family residential structures that are permitted by the underlying
zone district, but which are not situated on a lot of at least three
acres, shall not be deemed to be prohibited.
(b)
Planned unit developments and multifamily dwellings.
(c)
Hospitals.
(d)
Schools.
(e)
Aboveground bulk tank storage of compressed
flammable or compressed toxic gases and liquids.
(f)
Within the runway end subzones only, the aboveground
bulk tank storage of flammable or toxic gases and liquids.
(g)
Uses that may attract massing birds, including
landfills.
(h)
Above-grade major utility transmission lines
and/or mains.
(10)
Permits. Creation or expansion of a prohibited
land use or vertical height obstruction within the Airport Safety
Overlay Zone shall require a permit as follows:
(a)
An application for a project requiring creation
or establishment of a prohibited land use, or creation or establishment
of a vertical height obstruction shall first apply for approval from
the appropriate municipal agency.
(b)
If the municipal agency approves the application,
that approval shall be conditioned on the applicant applying for and
receiving a permit from the New Jersey Commissioner of Transportation
in accordance with N.J.A.C. 16:62-6.1.
(c)
An application for a permit will only be considered
by the NJDOT if accompanied by a resolution of approval from the municipal
agency requesting the permit.
(d)
Construction, development or creation of any
prohibited land use or vertical height obstruction shall not commence
until a permit has been issued by the New Jersey Commissioner of Transportation.
(11)
Conditions not conforming to the standards of
this chapter.
(a)
A preexisting structure or use located in a
clear zone and not in conformance with the standards of the chapter
shall be classified as nonconforming.
(b)
Variances. No variance, subdivision or other
relief from the standards promulgated by or under N.J.A.C. 16:62-2
within the Airport Safety Overlay Zone may be granted by the Township
to itself or any person except upon the condition that the variance
or relief is contingent upon the issuance of a permit allowing the
variance or relief by the Commissioner of the New Jersey Department
of Transportation.
(12)
Permitted uses. Land use within the Airport
Safety Overlay Zone shall be limited to the following, subject to
the provisions and requirements of the underlying zone district:
(a)
Residential single-family dwellings situated
on lots of at least three acres and not located in a clear zone, provided
that single-family residential uses are permitted in the underlying
zone districts. Lawful preexisting single-family residential dwellings
which are on lots of less than three acres and are located outside
a clear zone may be expanded in accordance with the underlying zone
district regulations.
(b)
Open space, where permitted by the underlying
zone district.
(c)
Agriculture, where permitted by the underlying
zone district.
(13)
Ordinance and Master Plan notice requirements
to Division of Aeronautics. The Township Clerk shall transmit at the
time of adoption, amendment or when requested, a valid copy of the
Airport Safety Overlay Zone (§ 95-5A of this chapter), and
other applicable sections of this chapter as may affect the Airport
Safety Overlay Zone or the operation of the Old Bridge Township Airport,
and the Planning Board Secretary shall transmit at the time of adoption,
amendment or when requested, a valid copy of the Master Plan to the
New Jersey Department of Transportation, Division of Aeronautics,
Air Safety and Hazardous Zoning Permits.
(14)
Chapter and Master Plan notice requirements
to Division of Aeronautics. The Township Clerk shall transmit at the
time of adoption, amendment or when requested, a valid copy of the
Airport Safety Overlay Zone subsection of this section as may affect
the Airport Safety Overlay Zone or the operation of the Old Bridge
Township Airport, and the Planning Board Secretary shall transmit
at the time of adoption, amendment or when requested, a valid copy
of the Master Plan, to the New Jersey Department of Transportation,
Division of Aeronautics, Air Safety and Hazardous Zoning Permits.
(a)
The Township shall notify, in writing, each
owner of record of property located within the Airport Safety Overlay
Zone of the boundaries of the Airport Safety Overlay Zone, and a duly
authenticated copy of this notification shall be filed with the county
recording officer in the same manner as a deed or other instrument
of conveyance. No cause of action against the state, any county or
municipality shall arise out of a failure to give the notice required
by this subsection.
(b)
A metes and bounds description of the Airport
Safety Overlay Zone shall be incorporated into the municipal maps
used for tax purposes and prepared pursuant to N.J.S.A. 54:1-15 and
P.L. 1939, c. 167 (N.J.S.A. 40:146-27 et seq.[2]).
[2]
Editor's Note: Repealed by L. 1989, c. 117.
See N.J.S.A. 40A:63-6 et seq.
(15)
Any person who sells or transfers a property
in an Airport Safety Overlay Zone delineated under the Air Safety
and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.)
and appearing in a map used for tax purposes pursuant to Subsection
b of Section 12 of the Air Safety and Hazardous Zoning Act of 1983,
shall provide notice to a prospective buyer that the property is located
in an Airport Safety Overlay Zone prior to the signing of a contract
for sale. Failure to provide notice required by this section may,
pursuant to the Act, result in the suspension or revocation of the
person's license to engage in real estate sales in this state or other
appropriate disciplinary action by the New Jersey Real Estate Commission
in the case of a person subject to the jurisdiction of the Commission.[3]
B.
Flood Hazard Overlay District.[4]
(1)
The flood hazard areas of Manalapan Township are subject
to periodic inundation which threatens life and property, disrupts
commerce, and requires expenditures for flood protection and relief.
The purpose of this chapter is to discourage construction and fill
or regrading in flood hazard areas, to prevent encroachments which
would obstruct or constrict the area through which water must pass,
to prevent damage to property and loss of life, to prevent pollution
of water courses by preventing the placing or storing of unsanitary
or dangerous substances in the flood hazard areas, and to support
the conservation, protection and maintenance of the stream corridors
within the Township.
[Amended 9-18-2002 by Ord. No. 02-24]
(2)
Any and all lands or portions of land within Manalapan Township which are classified as a floodway, flood fringe, or one-hundred-year floodplain by the New Jersey Department of Environmental Protection, and/or by the Federal Emergency Management Administration, or as an area of special flood hazard or floodway pursuant to § 113-4, Definitions, of Chapter 113, Flood Damage Prevention, of the Manalapan Township Code is hereby designated as the Flood Hazard Area Overlay District. The Overlay District shall operate in conjunction with the underlying zone district such that the overlay provisions, where more restrictive or imposing a higher standard, shall govern.
(3)
Permitted uses. Land use within the Flood Hazard Overlay
District shall be limited to the following:
(a)
Open space.
(b)
Cultivation of the soil for agricultural or
horticultural production, pasture, outdoor plant nurseries, wildlife
sanctuary, game farm, and other similar agricultural, wildlife and
related uses provided such uses are permitted by the underlying zone
district.
(c)
Essential services, provided that they are located
and constructed to minimize or eliminate flood damage.
C.
Freehold Road - Tennent Road Landmark Corridor Overlay District. The Freehold Road - Tennent Road Landmark Corridor Overlay District encompasses landmark sites of national significance including the Old Tennent Church and Monmouth Battlefield State Park. Any development within the corridor area which requires site plan or subdivision review shall be subject to § 95-8.4, Landmark design requirements, of this chapter.
D.
Route 33 Overlay Zone. The purpose of the Route 33
Overlay Zone is to secure, protect and maintain a greenbelt along
properties fronting on Route 33 in Manalapan Township. The subsection
intent is to promote a desirable visual environment, establish a positive
image of the corridor, provide landscaped open space along the highway
frontage to complement the corridor's natural and man-made features
and to promote connectivity and a more distinctive sense of place
and identity for the Township. Within the Route 33 Overlay Zone, the
following standards and requirements shall apply, except that where
the underlying zoning requires a greater yard or setback requirement
or is more restrictive than the provisions of the overlay zone, then
the more restrictive provisions shall govern.
(1)
All parking areas, loading areas and detention basins
shall be set back a minimum of 35 feet from the N.J.S.H. 33 right-of-way.
(2)
All buildings shall be set back a minimum of 60 feet
from the N.J.S.H. 33 right-of-way.
(3)
A curb shall be provided along the property frontage
at the edge of the roadway as part of any application for major subdivision
or site plan approval.
(4)
There shall be no outdoor display or storage of merchandise
within 60 feet of the N.J.S.H. 33 right-of-way.
(5)
Retention basins may be permitted within the required
front yard area along Route 33, provided such basins are designed
to serve as aesthetic landscape features that will maintain or accentuate
the visual continuity of the landscaped greenbelt along the highway
frontage.
(6)
As part of any application for major subdivision or site plan approval, a landscaped open space shall be established and maintained as a greenbelt along the frontage of property adjacent to the N.J.S.H. 33 right-of-way. The greenbelt shall maintain a minimum width of 35 feet. Driveway access across the greenbelt to N.J.S.H. 33 is permitted subject to the approval of an access permit by the New Jersey Department of Transportation pursuant to the State Highway Access Management Act. Any application for site plan or subdivision approval for lands with frontage on N.J.S.H. 33 shall include a landscape plan drawn in accordance with § 95-8.5D, Buffering and screening; § 95-8.5A, Design principles; and § 95-8.5F. Street trees, of the Development Regulations of the Township. The landscaping in the greenbelt shall be arranged to screen or create views, to create a desirable visual environment, to enhance open space and natural features, to provide seasonal color and interest and to accent driveway access and site circulation. The municipal agency may require additional landscaping or modifications to better achieve the intent and purpose of the Route 33 Overlay Zone. Specific consideration in the landscape design shall be given to the following:
(a)
Preserving mature and healthy trees, woodlands
and specimen plantings as part of the landscaped greenbelt.
(b)
Supplementing understory areas with shade-tolerant,
naturalistic massed plantings of evergreen and/or ornamental vegetation.
(c)
Berms shall be provided as part of the landscape
plan for the greenbelt. Such berms shall be arranged to screen the
view of the site from Route 33. Any berms shall blend topographically
with other landscape elements and shall be planted with masses and
groupings of trees, shrubs and ground cover. In its sole discretion
the municipal agency may approve alternative designs to the use of
berms if it determines that the alternative will be as or more effective
than berms in promoting a desirable visual environment, establishing
a greenbelt along the frontage of Route 33 and screening views.
(7)
Parking and loading areas, storage tanks, holding
areas for solid waste or recvclables, outdoor storage or display areas,
mechanical equipment and similar features shall be screened from view
from N.J.S.H. 33.
(8)
An application for site plan or major subdivision
approval shall include a circulation plan for pedestrians and vehicles.
To facilitate circulation between adjoining sites and reduce traffic
movements onto Route 33, the municipal agency may require a site to
directly interconnect with other development sites in the zone district.
The municipal agency may require stub connections between a proposed
development and neighboring sites that are not yet developed or are
underdeveloped or capable of being further subdivided.
(9)
Signs. Any application for site plan approval shall include a program for signs consistent with the requirements outlined in § 95-8.7.I, Signs within the overlay zone shall comply with the sign requirements as provided by § 95-8.7, Signs, of the Township Development Regulations, with the following exceptions for ground signs and wall signs.
(a)
The only type of ground sign permitted shall
be type G-4 as modified herein. The ground sign message shall be limited
to the name of the business, the business logo, and the street address.
No part of the ground sign shall be used for the display of a changeable
message. For the purpose of the Route 33 Overlay Zone, a G-4 ground
sign shall be permitted as provided below:
[Amended 10-7-2008 by Ord. No. 2008-20]
[1]
The ground sign shall have a maximum area of
0.3 square feet for every foot of lot frontage up to a maximum of
80 square feet.
[2]
The sign shall have a maximum height of six
feet and may be either rectangular or geometric in shape; and may
be constructed without the minimum required ground clearance for sign
type G-4.
[3]
Landscaping, consisting of a floral bed, ornamental
ground cover or shrubbery, or a combination of the same, shall be
provided and maintained in a bed at the base of the sign in accordance
with a landscaping plan approved by the municipal agency.
(b)
The wall signage for an individual establishment
shall be limited as follows:
[1]
The maximum area of any wall sign shall not
exceed 10% of the area of the wail upon which the sign is located,
and in no case shall any sign exceed 200 square feet.
[2]
The maximum width of any wall sign shall not
exceed 75% of the width of the wall upon which the sign is located.
[3]
The maximum letter height shall be based upon
the floor area of the establishment as follows:
|
Floor Area
(square feet)
|
Maximum Letter Height
(feet)
| |
|---|---|---|
|
Greater than 35,000
|
4
| |
|
5,000 to less than 35,000
|
3
| |
|
Less than 5,000
|
2
|
|
Where any part of a development falls within
the boundaries of the Route 33 Overlay Zone, then the above limitations
and exceptions on signage shall apply to the ground and wall signs
for all areas of the development.
|
(10)
Applicability to existing conforming development.
Any existing lot in the Route 33 Overlay Zone on which a building
or structure is located that does not conform to the requirements
of the overlay zone (but which otherwise conforms to the requirements
of the underlying zone district) may have additions made to the principal
building and/or construction of any accessory building or structures
without a variance from the overlay zone standards and requirements,
provided that:
E.
Affordable
Housing Overlay Zone-1 (AH-1). The purpose of the Affordable Housing
Overlay Zone-1 is to implement the recommendations of the Township
Master Plan Housing Element and Fair Share Plan for the development
of one or more municipally sponsored one-hundred-percent affordable
housing developments to address the third-round housing obligation
of the Township for the period of 2004 to 2018. The AH-1 overlay provides
for the development of affordable housing for very-low-, low-, and
moderate-income housing, in a suitable location in conformance with
the requirements of the New Jersey Council on Affordable Housing (COAH).
[Added 12-16-2009 by Ord. No. 2009-29]
(1)
Applicability. The Affordable Housing Overlay Zone-1 shall be applied
to Block 47, Lot 17, which is shown on the Official Tax Map of the
Township. The Official Zoning Map of the Township of Manalapan is
hereby amended in accordance with the foregoing and is incorporated
by reference.[5] The Affordable Housing Overlay Zone-1 shall be permitted
to be developed by a Township-approved affordable housing developer
for affordable housing in accordance with these provisions. For the
purpose of permitting the development of a municipally sponsored one-hundred-percent-affordable
housing development, the provisions and requirements of the Affordable
Housing Overlay Zone-1 shall supersede the provisions and restrictions
of the underlying single-family zone district. In the event of a conflict
between the provisions of this section and other sections of the Township
development regulations with respect to the development of multi-family
housing, the provisions of the Affordable Housing Overlay Zone-1 shall
govern.
[5]
Editor's Note: The Zoning Map is on file in the Township offices.
(2)
Minimum tract size. The Affordable Housing Overlay Zone-1 shall require
a minimum tract size of 20 acres for development.
(3)
Principal permitted uses. The permitted use of the Affordable Housing
Overlay Zone-1 shall be the residential development of multi-family
buildings. All dwelling units within the development shall be affordable
rental units, and all units shall be developed and marketed in accordance
with COAH rules and regulations.
(4)
Accessory uses. The following shall be permitted:
(a)
Off-street parking facilities.
(c)
Recreation areas, recreational facilities, and buildings for
the common use and enjoyment of residents of the Affordable Housing
Overlay Zone-1 such as, but not limited to, community centers; clubhouses;
tennis courts; tot-lots; playgrounds; swimming pools; trails; putting
greens; and passive open space.
(d)
Minor signs and Type A signs.
(e)
Other uses which are customarily incidental and accessory to
the principal use.
(6)
Bulk, area and building requirements. The following requirements
shall apply:
(a)
Maximum lot coverage (buildings): 20%.
(b)
Maximum building height: 48 feet (three stories).
(c)
Minimum unoccupied open space: 60%.
[1]
Wetlands, floodplains, and statutory buffers shall be considered
unoccupied open space.
(e)
Setback from Wood Avenue (County Route 522): 75 feet.
(f)
Setback from internal streets: 50 feet.
(g)
Setback from property lines other than Wood Avenue (County Route
522): 100 feet.
(i)
Maximum building length: 145 feet.
(j)
Minimum distance between principal buildings and internal drives:
20 feet.
(k)
Minimum distance between principal buildings and parking areas:
20 feet.
(l)
Maximum number of dwelling units within a building: 14.
(7)
Bedrooms per unit. The number of bedrooms per unit and the bedroom
distribution shall be in accordance with COAH regulations.
(8)
Density requirements. Not more than 80 dwelling units shall be permitted
within the Affordable Housing Overlay Zone-1.
(9)
Site improvement standards.
(a)
The residential development shall be served by sanitary sewers
and by public water service.
(b)
The residential development shall be planned and designed to
meet the New Jersey Residential Site Improvement Standards (N.J.A.C.
5:21 et seq.).
(c)
Adequate provision shall be made for the location and placement
and screening of areas for the holding and collection of solid waste
and recyclable materials.
(d)
Adequate provision shall be made for exterior lighting.
(e)
Adequate landscaping shall be provided, but the requirements of § 95-8.5 shall be applied only as guidelines in order to facilitate a one-hundred-percent-affordable housing development.
(f)
Off-street parking shall be provided for the community center.
At least one parking space per 342 square feet of building floor area
shall be provided.
(10)
Income restrictions.
(a)
All units must be affordable to very-low-, low-, or moderate-income
households and subject to affordability and occupancy controls in
accordance with the rules and regulations of the Council on Affordable
Housing.
(b)
No less than 10 of the total number of units shall be affordable
to very-low-income households, as defined by the Council on Affordable
Housing.
(c)
At least 50% of the total number of units shall be affordable
to low-income households, as defined by the Council on Affordable
Housing. For the purpose of this regulation, all units that are affordable
to very-low-income households shall also be considered to be affordable
to low-income households.
(11)
Replacement trees. In order to facilitate the development of housing that is affordable to very-low-, low-, and moderate-income households, the standards of § 222-26 are waived when the development fully complies with the requirements of the AH-1 Zone overlay.
(13)
Marketing. All dwelling units shall be affirmatively marketed
in accordance with the Council on Affordable Housing regulations.
All rental units shall be rented in accordance with the Council on
Affordable Housing regulations.
(14)
Accessibility. All applicable regulations of the Council on
Affordable Housing shall apply.
(15)
Management. The affordable housing developer shall provide a
plan acceptable to the Township for the management and maintenance
of the residential development.
F.
Senior Housing Overlay Zone (SH-O). The purpose of the Senior Housing
Overlay Zone is to implement the Township Housing Plan Element and
Fair Share Plan by providing for the opportunity to develop an age-restricted
residential development that incorporates an appropriate affordable
housing set-aside or results in the development of an accompanying
one-hundred-percent-affordable housing development to address the
Third Round obligation of the Township for the period 2015 through
2025. The SH-O overlay provides for the development of affordable
housing for very-low, low- and moderate-income housing in a suitable
location.
[Added 8-10-2016 by Ord.
No. 2016-06]
(1)
Applicability. The Senior Housing Overlay Zone shall be applied to
Block 72, Lot 6.01, which is shown on the Official Tax Map of the
Township. The Official Zoning Map of the Township of Manalapan is
hereby amended in accordance with the foregoing and is incorporated
by reference. For the purpose of permitting the development of an
age-restricted inclusionary development or combination market-rate
age-restricted development and municipally sponsored one-hundred-percent-affordable
housing development, the provisions and requirements of the Senior
Housing Overlay Zone shall supersede the provisions and restrictions
of the underlying Special Economic Development (SED) Zone District.
In the event of a conflict between the provisions of this section
and other sections of the Township development regulations with respect
to the development of age-restricted and affordable housing, the provisions
of the Senior Housing Overlay Zone shall govern.
(3)
Principal permitted uses. The permitted uses in the Senior Housing
Overlay Zone shall be as follows:
(a)
Age-restricted inclusionary residential development that qualifies as "55 and over housing" within the meaning of the Federal Fair Housing Act. Such age-restricted residential development shall be limited to single-family dwellings, with a mandatory minimum affordable set-aside of 15% for rental units and 20% for for-sale units in lieu of an affordable set aside, a dedication of land may be made in accordance with Subsection F(3)(c) herein;
(b)
Market-rate, age-restricted residential development; provided, however, that a dedication of land is made to the Township pursuant to Subsection F(3)(c) herein.
(c)
One-hundred-percent-affordable multifamily development, provided
that a minimum of 14 acres of land is dedicated to the Township for
said housing development.
(4)
Accessory uses. The following shall be permitted:
(a)
Recreation area(s) and recreation facilities and buildings for
the common use and enjoyment of residents of the development, including
but not limited to clubhouses, tennis courts, swimming pools, walking
trails, putting greens, passive open space, or other community element
deemed by the Planning Board to be consistent with the above.
(b)
Off-street parking facilities.
(d)
Minor signs and Type A signs.
(e)
Other uses which are customarily incidental and accessory to
the principal use.
(6)
Bulk, area, and building requirements. The following requirements
shall apply:
(a)
Maximum tract-wide impervious coverage: 35%.
(b)
Age-restricted residential development:
|
Interior Lot
|
Corner Lot
| ||
|---|---|---|---|
|
Minimum lot area
|
6,000 sq. ft.
|
6,500 sq. ft.
| |
|
Minimum lot frontage
|
50 ft.*
|
50 ft.
| |
|
Minimum lot width
|
50 ft.
|
60 ft.
| |
|
Minimum lot depth
|
120 ft.
|
120 ft.
| |
|
Minimum front yard setback
|
10 ft. dwelling, 20 ft. garage**
| ||
|
Minimum one side yard setback
|
6.5 ft.
| ||
|
Minimum both side yard setback
|
13 ft.
| ||
|
Minimum rear yard setback
|
20 ft.^
| ||
|
Minimum accessory structure side yard setback
|
5 ft.
| ||
|
Minimum accessory structure rear yard setback
|
5 ft.
| ||
|
Maximum impervious coverage
|
65%
| ||
|
Maximum building coverage
|
55%
| ||
|
Maximum principal building height
|
35 ft./2.5 stories
| ||
|
Minimum perimeter buffer
|
50 ft.^^
| ||
|
NOTES:
| ||
|---|---|---|
|
*
|
A frontage of 35 feet is permitted along the street line with
a curve alignment having an outside radius of less than 500 feet.
The minimum frontage will be maintained along the front setback line.
| |
|
**
|
Measured from the garage door to the street right-of-way.
| |
|
^
|
Patios or decks with a surface no higher than the elevation
of the first floor may encroach up to 10 feet into the rear yard setback.
| |
|
^^
|
Measured from the tract boundary to the lot line of single-family
dwellings.
| |
(7)
Site improvement standards.
(a)
The proposed development(s) shall be served by public water
and sewer. The phasing of utility improvements, if necessary, shall
be subject to the review and approval of the Planning Board.
(b)
The proposed development(s) shall be planned and designed to
meet the New Jersey Residential Site Improvement Standards (N.J.A.C.
5:21 et seq.).
[1]
Phasing of construction of circulation improvements shall follow
a logical progression concurrent with sales and construction progress
of the development.
[2]
All roadways, parking areas, and landscaped islands shall be
private and maintained by a homeowners' association, except that access
roads across lands dedicated to and accepted by the Township for public
use may be public roads.
[3]
The street lighting plan shall be designed to provide that any future lighting costs incurred by the Township shall be based upon the contribution fixtures rate and the agreement with the local utility and shall be reviewed and approved by the Township Engineer and the Township Attorney as provided in § 95-9.3C(4).
[4]
As part of final approval, the development shall provide a municipal
services agreement with the Township for the contribution by the Township
for maintenance, snow plowing, refuse removal and lighting in accordance
with the municipal policies in effect at the time of approval.
[5]
Each single-family detached dwelling shall be constructed with
and shall maintain a two-car garage served by a driveway with a width
of at least 20 feet and a length of at least 20 feet between the face
of the garage door and the right-of-way. The conversion of such garages
shall be prohibited by the bylaws and regulations of the established
homeowners' association.
[6]
Clubhouse parking for the age-restricted development, as required in accordance with § 95-9.2B, may be used for commuter parking for residents of the age-restricted development subject to restrictions or limitations described in the public offering statement (POS) for the community. The POS for the development shall disclose to potential homeowners that the parking lot may be used for commuter parking; however, the homeowners' association may limit the number of parking spaces available for commuters to reduce the potential impact on those who intend to use the clubhouse parking area for clubhouse and other related recreational purposes.
(c)
The development(s) shall provide for stormwater management in
accordance with all applicable regulations. Stormwater management
basins shall be owned and maintained by a homeowners' association
to be established by the developer. Stormwater management facilities
provided as part of a one-hundred-percent-affordable development shall
be maintained by a property management entity. The phasing of stormwater
management improvements, if necessary, shall be subject to the review
and approval of the Planning Board and shall be completed in a manner
that services the development areas as construction progresses.
(d)
The development(s) shall provide separate common open space,
recreation areas and improvement for the benefits of each development's
respective residents in accordance with the following:
[1]
Each development shall maintain at least 30% of the property
as open space and recreation areas, inclusive of wetlands, wetlands
transition areas, floodplains, steep slopes and lands dedicated to
public use.
[2]
Any age-restricted affordable development developed under the
provisions of the SH-O overlay shall include an active recreation
area for the use and enjoyment of the residents of the development.
The active recreation area shall be a minimum of 1.5 acres in area
and shall, at a minimum, be developed to provide the following improvements
and meet the following minimum requirements:
[a]
A clubhouse/community center building with at least
20 square feet per home of floor area, including a multipurpose room
and other indoor activity areas. The clubhouse/community center building
shall be set back at least 50 feet from any street, at least 25 feet
from any residential lot, and shall not exceed 2.5 stories or 40 feet
in height. The building design shall be coordinated with the design
of the single-family dwellings and the perimeter of the area shall
be appropriately landscaped as required by the Planning Board. The
clubhouse building shall be constructed, completed, and in receipt
of a certificate of occupancy by the issuance of building permits
for 40% of the dwelling units within the development.
[b]
Outdoor recreation facilities, including swimming
pools and at least one other outdoor activity (i.e., tennis, bocce,
etc.).
[c]
Walking trails. Such walking trails shall be routed
through or around a portion of the development to create the opportunity
for walking, jogging, and pedestrian circulation. The trail shall
be at least six feet in width and shall be owned and maintained by
the homeowners' association of the planned development unless dedicated
to and accented by a public entity. The walking trails shall be completed
by the issuance of building permits for 75% of the dwelling units
within the development.
[d]
Other appropriate active recreation facilities
as approved by the Planning Board.
[e]
All recreational buildings and facilities shall
be subordinate to the residential character of the community, and
no advertising or commercial enterprise shall be permitted.
[3]
The recreation facilities shall be owned and maintained by the
appropriate homeowners' association or property management entity.
All owners of single-family dwelling units within an age-restricted
housing development developed under the provisions of the Senior Housing
Overlay District shall be members of the homeowners' association.
[4]
Lands dedicated for open spaces shall include, wherever feasible,
natural features such as streams, brooks, wooded areas, steep slopes
and other natural features of scenic and conservation value. The developer
shall plant trees or make complete similar landscaping improvements
subject to the review and approval of the Planning Board to ensure
the attractiveness and suitability of the area as open space.
(e)
Affordable housing requirements. Residential development projects
developed under the provisions of the Senior Housing Overlay Zone
shall provide for the development of affordable housing as outlined
herein. Such affordable housing shall be provided through an affordable
housing set-aside or through the dedication of a tract of land within
500 feet of Route 33 in accordance with the provisions herein. If
a dedication is proposed, the developer shall be under no obligation
to construct the affordable units, but rather is limited to subdividing
and conveying to the Township such lands suitable for use as an affordable
housing site.
(f)
Provision of land for public use. The Township shall have the
right to accept the dedication of land for the purposes of providing
affordable housing, and the developer shall dedicate such lands at
the time of the first final subdivision or final site plan approval
granted by the Township to the development.
G.
Mixed-Use Inclusionary Overlay Zone. The purpose of the Mixed-Use
Inclusionary Overlay Zone (VC-MUI) is to facilitate the development
of distinctive, mixed-use development that offers a variety of nonresidential
uses, combined with a mix of single-family age-restricted market-rate
housing and special needs and other types of affordable housing. The
provisions of the Mixed Use Inclusionary Overlay Zone shall be applied
only to the Village Commercial zone district as shown on the attached
"Land Use Map, Block 66.01 - Lot 8.01.[6] The Township of Manalapan Zoning Map is hereby amended
in accordance with the foregoing and is incorporated by reference.
Within the Mixed-Use Inclusionary Overlay Zone, the following standards
and requirements shall supersede the provisions of the underlying
zoning relating to the use, bulk and design standards for the area
governed herein:
[Added 3-8-2017 by Ord.
No. 2017-01; 4-11-2018 by Ord. No. 2018-03]
(1)
Permitted uses. The following uses shall be permitted:
(a)
Detached single-family dwellings consisting of age-restricted
residential development that qualifies as "55 and over housing" within
the meaning of the Fair Housing Act. There is a mandatory minimum
affordable set-aside of 15% for special needs and/or other types of
affordable rental housing based on the total number of residential
units.
(b)
Special needs affordable residential multifamily dwelling units.
The special needs affordable housing units shall be reserved for special
needs, and shall be affordable to low- and moderate-income households,
with at least 50% of said dwelling units affordable to low-income
households and the remainder to moderate-income households. Units
shall be developed and rented in accordance with the applicable COAH
and Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1
et seq. Dwelling units to serve as special needs housing shall be
located in multifamily buildings or mixed-use commercial and residential
buildings and provide supportive services for individuals with special
needs who can benefit from housing with services. Special needs affordable
housing shall be provided in a minimum amount equal to 15% of the
total number of residential units; provided, however, that no less
than 50 units and no more than 70 units shall be constructed.
[1]
Should state regulations preclude the development of a one-hundred-percent
affordable, special needs project, then one-hundred-percent affordable
housing developments where the maximum permissible number of the dwelling
units are deed restricted as special needs units for persons eligible
to receive residential services from the New Jersey Division of Developmental
Disabilities and the balance of the units are deed restricted for
other persons with disabilities, shall be permitted. No less than
50 units and no more than 70 units shall be constructed. All units
must be ADA compliant and accessible and suitable for occupancy by
persons with physical disabilities and other special needs. All units
must comply with applicable provisions of UHAC and other applicable
affordable housing regulations.
(c)
Hotels, which shall contain a minimum of 100 guest rooms, and
which may contain ancillary restaurant, meeting, banquet, fitness
and other guest service facilities.
(d)
Medical research facilities.
(e)
Urgent care facilities with a maximum of 10 examination rooms.
(f)
Outpatient surgery centers designed to accommodate a maximum
of 10 patients at a given time.
(g)
Fitness/health clubs.
(h)
Retail stores.
(i)
Personal services.
(j)
Supermarkets.
(l)
Pharmacies, including drive-through facilities.
(m)
Funeral homes.
(n)
Banks, including drive-through facilities, and fiduciary institutions.
(o)
Restaurants, category one, two and three.
(p)
Professional, business and medical offices.
(q)
Gasoline filling stations with convenience stores, provided
that no direct access to or from a state or county road is provided;
convenience stores contain no more than 5,500 square feet of gross
floor area; there are a minimum of 55 parking spaces in close proximity
to the convenience store; and the location and access to the convenience
store does not impede or interfere with vehicular or pedestrian circulation
to and from the filling station pumps. The convenience store and gasoline
filling station may operate 24 hours per day and seven days per week.
(r)
Municipal facilities operated by Manalapan Township.
(s)
Post office, library and similar public buildings.
(t)
Child care centers and adult day-care facilities.
(2)
Accessory uses. The following accessory uses shall be permitted:
(b)
Recreation facilities and clubhouses, designed for use by residents
of on-tract residential dwellings.
(c)
Off-street parking facilities.
(d)
Signs.
(e)
Public utilities.
(f)
Gatehouse.
(g)
Essential services.
(h)
Other uses which are customarily incidental and accessory to
the principal uses.
(3)
Bulk, area, and building requirements are as follows:
(a)
Tract requirements.
[1]
The minimum tract area for a mixed-use project is 115 acres.
[2]
The maximum tract area for age-restricted residential development
is 96 acres. This shall not include the area of the stormwater management
basin located on the tract.
[3]
The minimum tract area for mixed-use commercial and affordable
housing (special needs and units for persons with disabilities) development
is 21 acres. The maximum tract area for such uses is 25 acres.
(b)
Density; number of units.
[1]
The maximum permitted number of detached single-family age-restricted
residential units shall be 280 units.
[2]
The minimum number of special needs affordable housing units
and/or other affordable housing units for persons with disabilities
shall be 15% of the total number of residential units or 50 units,
whichever is greater.
[3]
The maximum number of special needs affordable housing units
and/or other affordable housing units for persons with disabilities
shall be 70.
(c)
Buffers. Buffers conforming to § 95-8.5D(1) and (4) will be provided as follows:
(d)
Signs.
[1]
All signage shall be provided in accordance with the requirements
of § 95.8.7 with the following exception/modifications:
[a]
A total of six development identification signs
are permitted consisting of one ground sign comprised of three nonparallel
sides which may be electronic, having a maximum height of 30 feet
to the top of the signable area with an additional seven feet in height
permitted for an architectural feature. The ground sign shall have
a maximum area of 210 square feet per side, comprised of 150 square
feet of digital area and 60 square feet of static area, to be located
at the intersection of Route 33 and Millhurst Road with one side facing
each roadway. The third side may have a video screen facing the interior
of the site; provided, however, that the screen is not visible from
any public roadway or from the age-restricted or affordable housing
developments. Permitted signs shall also include two illuminated monument
signs without a minimum ground clearance for the commercial and age-restricted
developments, one at the Route 33 entrance and one at the Millhurst
Road entrance, with a maximum height of 10 feet and maximum sign area
of 150 square feet; two illuminated signs without a minimum ground
clearance for the age-restricted residential development, one at the
main residential tract entrance with a maximum height of six feet
and maximum sign area of 48 square feet, and one sign at the secondary
residential entrance with a maximum height of five feet and maximum
sign area of 25 square feet; and one illuminated sign without a minimum
ground clearance for the affordable housing development, a maximum
of five feet in height and maximum sign area of 25 square feet.
[b]
A maximum of seven identification signs are permitted
for the gasoline service station and convenience store, consisting
of one freestanding sign which may be digital, not exceeding 20 feet
in height, 10 feet in length and 120 square feet in area, inclusive
of a maximum of 55 square feet of digital area, to be located along
Route 33; three wall signs (one per side) on the convenience store
building, each not to exceed 105 square feet; and three gasoline service
station canopy signs (one per side), each not to exceed 20% of the
canopy facade area. Two additional directional signs may be permitted,
provided that the signs not exceed three square feet in area and four
feet in height. All signs may be internally illuminated.
[c]
The minimum front setback for all signs is 20 feet,
except that the freestanding sign associated with the gasoline service
station and convenience store may have a front setback of not less
than 10 feet.
(e)
Age-restricted housing lot and building requirements.
|
Interior Lot
|
Corner Lot
| |
|---|---|---|
|
Minimum lot area
|
5,000 square feet
|
5,500 square feet
|
|
Minimum lot frontage
|
50 feet*
|
50 feet
|
|
Minimum lot width
|
50 feet
|
60 feet
|
|
Minimum lot depth
|
110 feet
|
110 feet
|
|
Minimum front yard setback
|
10 feet dwelling
|
20 feet garage**
|
|
Minimum one side yard setback
|
5 feet
| |
|
Minimum both side yard setback
|
10 feet
| |
|
Minimum rear yard setback
|
20 feet
| |
|
Minimum accessory structure side yard setback
|
5 feet
| |
|
Minimum accessory structure rear yard setback
|
5 feet
| |
|
Maximum impervious coverage
|
65%
| |
|
Maximum building coverage
|
60%
| |
|
Maximum principal building height
|
35 feet/2.5 stories
|
|
*
|
A frontage of 35 feet is permitted along the street line with
a curve alignment having an outside radius of less than 500 feet.
The minimum frontage will be maintained along the front setback line.
|
|
**
|
Measured from the garage door to the street right-of-way.
|
|
^
|
Patios or decks with a surface no higher than the elevation
of the first floor may encroach up to 10 feet into the rear yard setback.
|
(f)
Affordable multifamily residential dwelling units.
|
Maximum number of dwelling units
|
70
|
|
Minimum front yard setback
|
100 feet
|
|
Minimum one side yard setback
|
25 feet
|
|
Minimum both side yard setback
|
75 feet
|
|
Minimum rear yard setback
|
40 feet
|
|
Maximum principal building height
|
50 feet/3 stories
|
|
Minimum distance between buildings
|
25 feet
|
(g)
Commercial development.
|
Minimum floor area (total of all uses)
|
50,000 square feet
| |
|
Maximum floor area ratio*
|
0.75
| |
|
Maximum building lot coverage
|
20%
| |
|
Minimum front yard setback
| ||
|
Route 33
|
120 feet
| |
|
Millhurst Road
|
100 feet
| |
|
Minimum parking setback
| ||
|
Route 33
|
50 feet
| |
|
Millhurst Road
|
50 feet
| |
|
Residential Tract Boundary
|
60 feet
| |
|
Maximum principal building height
|
50 feet
| |
|
Maximum accessory building height
|
30 feet
| |
|
Minimum perimeter buffer
|
50 feet
| |
|
Minimum open space/recreation
|
15%
| |
|
*
|
The floor area ratio for the commercial lot shall exclude the
area of impervious coverage from the access road and the right-of-way
dedication area. However, the area of the access road and right-of-way
dedication shall be included in the acreage of total land area.
|
(4)
Site improvements standards: age-restricted housing.
(a)
The proposed development(s) shall be served by public water
and sewer. The phasing of utility improvements, if necessary, shall
be subject to the review and approval of the Planning Board.
(b)
All residential development(s) shall be planned and designed
to meet the New Jersey Residential Site Improvement Standards (N.J.A.C.
5:21 et seq.).
(c)
Phasing of construction and roadway improvements shall follow
a logical progression concurrent with sales and construction progress
of development.
(d)
All roadways, parking areas, and landscaped islands shall be
private and maintained by a homeowners' association, except that access
roads across lands dedicated to and accepted by the Township for public
use may be public roads.
(e)
The street lighting plan shall be designed to provide that any future lighting costs incurred by the Township shall be based upon the contribution fixtures rate and the agreement with the local utility and shall be reviewed and approved by the Township Engineer and the Township Attorney as provided in § 95-9.3C(4).
(f)
As part of final approval, the development shall provide a municipal
services agreement with the Township for the contribution by that
Township for maintenance, snow plowing, refuse removal and lighting
in accordance with the municipal policies in effect at the time of
approval.
(g)
Each single-family detached dwelling shall be constructed with
and shall maintain a two-car garage served by a driveway with a width
of at least 20 feet and a length of at least 20 feet between the face
of the garage door and the right-of-way. The conversion of such garage
shall be prohibited by the bylaws and regulations of the established
homeowners' association.
(h)
Clubhouse parking for the age-restricted development, as required in accordance with § 95-9.2B, may be used for commuter parking for residents of the age-restricted development subject to restriction or limitations described in the public offering statement (POS) for the community. Up to a maximum of 30% of the required parking spaces for the clubhouse may be provided by designating on-street parallel parking spaces on the roadways that abut the recreation area lot. The POS for the development shall disclose to potential homeowners that the parking lot may be used for commuter parking; however, the homeowners' association may limit the number of parking spaces available for commuters to reduce the potential impact on those who intend to use the clubhouse parking area for clubhouse and other related recreation purposes.
(i)
Any senior housing development shall include an active recreation
area for the use and enjoyment of the residents of the development.
The active recreation area shall be a minimum of 1.5 acres in area
and shall, at a minimum, be developed to provide the following improvements
and meet the following minimum requirements:
[1]
A clubhouse/community center building with at least 20 square
feet per home of floor area, including a multipurpose room and other
indoor activity areas. The clubhouse/community center building shall
be set back at least 50 feet from any street, at least 25 feet from
any residential lot, and shall not exceed 2.5 stories or 40 feet in
height. The building design shall be coordinated with the design of
the single-family dwellings and the perimeter of the area shall be
appropriately landscaped as required by the Planning Board. The clubhouse
building shall be constructed, completed, and in receipt of a certificate
of occupancy by the issuance of building permits for 40% of the dwelling
units within the development.
[2]
Outdoor recreation facilities, including swimming pools and
at least one other outdoor activity (i.e., tennis, bocce, etc.) shall
be provided.
[3]
All recreational buildings and facilities shall be subordinate
to the residential character of the community, and no advertising
or commercial enterprise shall be permitted.
[4]
The recreation facilities shall be owned and maintained by the
appropriate homeowners' association or property management entity.
All owners of single-family dwelling units within an age-restricted
housing development shall be member of the homeowners' association.
(5)
General standards, commercial development; affordable housing.
(a)
Any application for a subdivision or site plan approval shall include a traffic access and impact study in accordance with the provisions of § 95-8.8D.
(b)
Off-street parking for special needs and other affordable housing
shall be provided in accordance with the provisions of RSIS. Pursuant
to N.J.A.C. 5:21-4.14(c), the planning board may approve alternative
parking requirements taking into account relevant local standards.
(c)
Off-street parking shall be provided for nonresidential uses
at a rate of five spaces per 1,000 square feet of gross floor area
of all nonresidential uses, except as noted in § 95-5.6G(2)(p).
(d)
All buildings shall be constructed in accordance with an overall unified architectural plan and shall conform to the requirements of § 95-8.6, Architectural and building design requirements.
(e)
The phasing and required completion dates for the affordable
housing units shall be in accordance with all applicable affordable
housing regulations and shall be set forth in a developer's agreement
with the Township, compliance with which shall be a condition of any
approval granted under this section.
(f)
Any application for a site plan approval must comply with the Route 33 Overlay Zone requirements contained in § 95-5.6D with the exception of the sign requirements in § 95-5.6D(9)(a) which are superseded by the sign requirements contained in this subsection.
(g)
Retention basins may be permitted where necessary for stormwater
management purposes, provided that such basins are designed to serve
as aesthetic landscape features that will maintain or accentuate the
visual continuity of the landscaped area and shall be maintained by
the developer.
(6)
Technical subdivision.
(a)
It is acknowledged that a project to be developed pursuant to
this subsection may be of such a size or type so as to make sectionalization
by subdivision and the use of different forms of ownership a practical
necessity. Therefore, a technical subdivision for such a project may
be required for marketing or financing purposes.
(b)
An application for technical subdivision approval may be submitted
with an application for approval of a nonresidential site plan, or
subsequent to the issuance of such an approval.
(c)
Such an application shall be considered as a technical subdivision
and treated as a minor subdivision application without the necessity
to obtain bulk variances that would technically be required.
[1]
The purpose of the application is to create a new lot for the
purpose of financing or transfer of ownership within a development
which is, or has been, the subject of site plan approval.
[2]
A technical subdivision may not substantially modify or otherwise
adversely impact on the integrity of a previously approved development
plan.
[3]
A technical subdivision must not reduce, limit or modify parking
or access to parking.
[4]
If a technical subdivision includes the division of parking
or other common areas or facilities, the subdivision shall be conditioned
upon appropriate easements for parking, access, drainage and/or utilities
where necessary.
[6]
Editor's Note: Said map is on file in the Township offices.
I.
Special Economic Development/Affordable Housing Zone (SED/AH).
[Added 8-22-2018 by Ord.
No. 2018-09]
|
The purpose of the Special Economic Development/Affordable Housing
Zone is to provide for the development of an appropriate mix of commercial
uses together with an assisted living residence and a multifamily
inclusionary development designed to assist the Township in satisfying
its Third Round fair share housing obligation.
|
(1)
Applicability: The Special Economic Development/Affordable Housing
Overlay Zone shall be applied to the following properties shown on
the official Tax Map of the Township: Block 7232, Lots 1.02, 1.03,
2.04 and 3.
(a)
The SED/AH Zone shall include a variety of nonresidential uses
and activities intended to create an attractive mixed-use development
within the community. To achieve this goal, the SED/AH Zone shall
require the multifamily inclusionary development to be part of any
development application for any permitted use that does not contain
affordable housing.
(b)
The development of an assisted living residence shall provide
low- and moderate-income beds and, therefore, may be developed independently
from the multifamily inclusionary development.
(c)
The payment of a development fee shall not qualify a development
application as a development maintaining an affordable housing component.
(d)
The Official Zoning Map of the Township of Manalapan is hereby
amended in accordance with the foregoing and is incorporated by reference.
The provisions and requirements of the SED/AH Overlay Zone shall supersede
the provisions and restrictions of the underlying SED-20 Zone District
except where otherwise noted. In the event of a conflict between the
provisions of this section and other sections of the Township development
regulations with respect to the development of the uses permitted
herein, the provisions of the Special Economic Development/Affordable
Housing Overlay Zone shall govern.
(2)
Permitted principal uses. The permitted uses in the Special Economic
Development/Affordable Housing Zone shall be as follows:
(a)
Business and professional offices, including medical offices.
(b)
Banks, including drive-through facilities, and financial institutions.
(c)
Retail sales and services.
(d)
Personal services.
(e)
Pharmacies, including drive-through facilities.
(f)
Restaurants, Category One, Two and Three, including drive-through
restaurants.
(g)
Community and municipal facilities.
(h)
Assisted living residence not to exceed 120 beds.
(i)
Multifamily inclusionary development, to include a combination
of market-rate townhouses and affordable residences within multifamily
buildings; provided that a minimum of 30% of the total number of units
shall be set aside for low- and moderate-income households.
(j)
Fitness/health clubs.
(3)
Permitted accessory uses.
(a)
Off-street parking facilities.
(b)
Other uses which are customarily incidental to a permitted principal
use.
(c)
Recreation area(s) and recreation facilities and buildings for
the common use and enjoyment of residents of a multifamily inclusionary
development, including, but not limited to, clubhouses, tennis courts,
swimming pools, walking trails, and other active and passive open
space(s).
(d)
Signs.
(e)
Gatehouse.
(f)
Public utilities.
(g)
Essential services.
(4)
Bulk, area and building requirements are as follows:
(e)
Minimum one side yard setback.
[1]
Assisted living residence: 15 feet.
[2]
Multifamily inclusionary development: 45 feet, except that where
a building adjoins Block 7232, Lots 2.04 and 2.06, the setback may
be reduced to no less than 15 feet.
[Amended 11-13-2019 by Ord. No. 2019-19]
[3]
All other permitted principal uses: 15 feet.
(5)
Buffer requirements. A minimum one-hundred-foot buffer shall be provided where a use other than a multifamily inclusionary development adjoins a residential zone district. Where a multifamily inclusionary development adjoins a residential zone district, a minimum thirty-foot buffer shall be provided and such requirement shall supersede the buffer standards set forth under § 95-5.6D (Route 33 Overlay Zone), except that where the development adjoins any golf course lands associated with a developed residential community, the buffer may be reduced to no less than 20 feet, provided that the reduced buffer area is landscaped as deemed appropriate by the Planning Board.
(6)
Off-street parking requirements.
(a)
Multifamily inclusionary development: in accordance with the
requirements of the New Jersey Residential Site Improvement Standard
(RSIS).
(b)
Assisted living residence: 0.5 space per bed.
(c)
Restaurants, including drive-through restaurants: one space
per 2 1/2 seats.
(d)
Medical offices: one space per 150 square feet of gross floor
area.
(e)
All other permitted principal uses: one space per 200 square
feet of gross floor area.
(7)
Miscellaneous requirements.
(a)
All roadways within the mixed-use multifamily inclusionary development
shall remain private and are the sole responsibility of the homeowners'
association.
(b)
Multiple buildings on a lot shall be permitted.
(c)
Access from a multifamily inclusionary development to a public
street may be provided via a shared driveway located on a lot to be
developed for any other permitted principal use provided it is built
in accordance with specifications acceptable to the Township Engineer
and provided further that the right to such access is established
with a perpetual easement recorded in the Monmouth County Clerk's
office or as otherwise provided by law.
(d)
The standards set forth under § 95-5.6B (Flood Hazard Overlay District) shall apply, except that road crossings permitted by NJDEP shall be allowed within regulated areas.
(8)
Additional standards for multifamily inclusionary development.
(a)
The maximum gross density shall not exceed 3.65 dwelling units
per acre.
[Amended 11-13-2019 by Ord. No. 2019-19]
(b)
There shall be no more than 18 dwelling units in any multifamily
building.
(c)
No townhouse unit shall have fewer than two exposures.
(d)
There shall be no more than eight dwelling units in any townhouse
building.
(e)
No residential building shall have a length in excess of 200
feet.
(g)
Minimum building setback to internal roadway: 15 feet exclusive
of front steps, stoops or overhangs which shall be no closer than
10 feet to an internal roadway.
(h)
Minimum distance between building and parking area: 10 feet.
(i)
The provision of low- and moderate-income units shall be subject
to the rules and regulations of the New Jersey Council on Affordable
Housing (COAH) and the Uniform Housing Affordability Controls (UHAC).
(9)
The following sign regulations shall apply and shall supersede the sign standards set forth under § 95-5.6D(9):
J.
AH-O Affordable Housing Overlay District.
[Added 2-26-2020 by Ord.
No. 2020-02]
(1)
Purpose.
(a)
The intent of the AH-O Affordable Housing Overlay District is
to establish a suitable location within the Township for the development
of low- and moderate-income housing uses in the form of an inclusionary
development. This zoning district will provide realistic opportunities
for the construction of low- and moderate-income housing to implement
the Township Housing Element and Third Round (1999-2025) Fair Share
Plan, which Fair Share Plan has been approved by the Superior Court
following the resolution of the Township's declaratory judgment action
(In the Matter of the Application of Manalapan Township, Monmouth
County, Docket No. L-2518-15), which action follows the directive
of the Supreme Court's decision in the matter of In re Adoption of
N.J.A.C 5:96 and N.J.A.C. 5:97, 221 N.J. 1 (2015).
(b)
The residential gross density shall be guided by the area requirements
and bulk standards contained herein, subject to the inclusion of a
specified percentage of affordable homes. All development shall further
comply with the rules and regulations of the Township Affordable Housing
Office and the regulations, as applicable, of COAH (N.J.A.C. 5:91
and 5:92 et seq.[8]) and the Uniform Housing Affordability Controls (UHAC)
(N.J.A.C. 5:80-26.1 et seq.).
[8]
Editor's Note: Chapter 91, Procedural Rules of the New Jersey Council on Affordable Housing, expired on 4-2-2008.
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 92, Substantive
Rules of the New Jersey Council on Affordable Housing for the Period
August 4, 1986, through June 5, 1994, expired on 4-13-2013.
(2)
Applicability. The Affordable Housing Overlay Zone shall be applied
to Block 30, Lots 2, 3.01, 3.02, 4 and 7.0, as shown on the Official
Tax Map of the Township of Manalapan. The Official Zoning Map of the
Township of Manalapan is hereby amended in accordance with the foregoing
and is incorporated by reference. For the purpose of permitting the
development of a multifamily inclusionary development, the provisions
and requirements of the Affordable Housing Overlay Zone shall supersede
the provisions and restrictions of the underlying LI (Light Industrial)
Zone District. In the event of a conflict between the provisions of
this section and other sections of the Township development regulations
with respect to the development of market-rate townhouses and affordable
housing, the provisions of this Affordable Housing Overlay Zone shall
govern.
(3)
Definitions.
(a)
A "townhouse attached dwelling" shall be a residential structure
with common walls, without common ceilings or floors, consisting of
three or more dwellings.
(b)
A "multifamily" attached dwelling for low-, very-low- and moderate-income
housing shall be a residential structure with common walls, floors
and ceilings, consisting of nine or more dwellings.
(4)
Uses permitted. The following uses are permitted in the AH-O Affordable
Housing Overlay District:
(5)
Accessory uses and structures permitted. The following accessory
uses and structures are permitted in the AH-O Affordable Housing Overlay
District:
(a)
Home occupations and home professional offices, as defined and
regulated by the provisions in this chapter.
(b)
Signs, as regulated in this chapter.
(c)
Fences, as regulated in this chapter.
(d)
Patios and decks, as regulated by this chapter.
(e)
Improvements on common area property, as approved by the Planning
Board.
(6)
Minimum tract size and open space requirements.
(a)
The minimum tract size for a development in the AH-O Affordable
Housing Overlay District shall be 20 acres.
(b)
The property owner shall provide for the establishment of an
organization for the ownership and maintenance of any common property,
and such organization shall be established and regulated by all applicable
statutory standards and conditions.
(c)
A perimeter tract buffer shall be required at a minimum width
of 40 feet, within which no building improvements shall be permitted;
however, landscape materials and fencing up to six feet in height
shall be permitted within the perimeter tract buffer area. The fencing
shall not be erected, altered or reconstructed within 10 feet of any
roadway or edge of pavement.
(7)
Area, yard, density and locational requirements for residential development.
(a)
For the purpose of determining gross residential density, the
total tract of land shall be considered.
(b)
The maximum gross residential density shall not exceed 10 units
per acre.
(c)
Thirty percent of the units produced shall be set aside for
low- and moderate-income households with the development of such low-
and moderate-income units being in compliance with the applicable
provisions of N.J.A.C. 5:93[9] and the UHAC.
(d)
No townhouse unit shall have fewer than two exposures.
(e)
No residential building shall have a length in excess of 180
feet.
(f)
If townhouse dwellings are to be constructed and sold on fee-simple
lots, the following area and dimensional requirements shall apply:
|
Market-Rate Units
| |
|---|---|
|
Minimum Lot Area
|
1,760 square feet
|
|
Minimum Lot Width
|
22 feet
|
|
Minimum Lot Depth
|
80 feet
|
(g)
Setback and additional requirements for all residential uses,
including low and moderate multifamily attached dwellings:
[1]
Minimum building separation:
|
Front to front
|
70 feet
|
|
Rear to rear
|
40 feet
|
|
All other building to building
|
25 feet
|
[2]
Minimum setbacks:
|
From a street line
|
12 feet
|
|
From a parking area
|
8 feet
|
[3]
Maximum number of townhouse market-rate attached dwelling units
per building: eight.
[4]
Maximum number of multifamily (low/moderate) attached dwelling
units per building: 15.
(h)
No townhouse attached dwellings shall be located within 40 feet
of the tract boundary line, and no multifamily attached dwellings
shall be located within 15 feet of the tract boundary line. Fee-simple
lot lines, however, may extend into the perimeter tract buffer area
provided that no building improvements are located therein.
(i)
Common area property may contain certain improvements, such
as underground utility lines, stormwater management features, decks/patios,
landscaping, fencing, signage, walking paths and sidewalks.
(j)
No residential building or structure shall exceed 40 feet in
height, except as regulated by the height exception provisions of
this chapter. No residential building or structure shall be designed
to be more than three stories in height.
(k)
All provisions of the Residential Site Improvement Standards
(RSIS) shall be applicable within the AH-O Affordable Housing Overlay
District.
(8)
Miscellaneous requirements.
(a)
All roadways within the mixed-use multifamily inclusionary development
shall remain private and are the sole responsibility of the homeowners'
association.
(b)
More than one multifamily attached building shall be permitted
on a lot.
(c)
The following sign regulations shall apply, and shall supersede the sign standards set forth under § 95-5.6D(9). Instead, signage for multifamily inclusionary development shall adhere to the requirements set forth in § 95.8.7H(1)(f) with the following exceptions:
(d)
At the developer's discretion, land may be conveyed to a third
party for the purpose of providing parking facilities for an off-site
but adjacent use.
K.
AH-Diocese Affordable Housing Overlay District.
[Added 5-27-2020 by Ord.
No. 2020-07]
(1)
Purpose.
(a)
The intent of the AH-Diocese Affordable Housing Overlay District
is to establish a suitable location within the Township for the development
of low- and moderate-income housing uses in the form of an inclusionary
development. This zoning district will provide realistic opportunities
for the construction of low- and moderate-income housing to implement
the Township Housing Element and Third Round (1999-2025) Fair Share
Plan, which Fair Share Plan has been approved by the Superior Court
following the resolution of the Township's declaratory judgment action
(In the Matter of the Application of Manalapan Township, Monmouth
County, Docket No. L-2518-15), which action follows the directive
of the Supreme Court's decision in the matter of In re Adoption of
N.J.A.C. 5:96 and N.J.A.C. 5:97, 221 N.J. 1(2015).
(b)
The residential gross density shall be guided by the area requirements
and bulk standards contained herein, subject to the inclusion of a
specified percentage of affordable homes. All development shall further
comply with the rules and regulations of the Township Affordable Housing
Office and the regulations, as applicable, of the COAH (N.J.A.C. 5:91
and 5:92 et seq.[10]) and the Uniform Housing Affordability Controls (UHAC)
(N.J.A.C. 5:80-26.1 et seq.).
[10]
Editor's Note: Chapter 91, Procedural Rules of the New Jersey Council on Affordable Housing, expired on 4-2-2008.
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 92, Substantive
Rules of the New Jersey Council on Affordable Housing for the Period
August 4, 1986 through June 5, 1994, expired on 4-13-2013.
(2)
Applicability.
(a)
The Affordable Housing-Diocese Overlay Zone shall be applied
to Block 72 (Lots 10.01, 11.06 and 11.07), which are shown on the
Official Tax Map of the Township of Manalapan. The Official Zoning
Map of the Township of Manalapan is hereby amended in accordance with
the foregoing and is incorporated by reference. For the purpose of
permitting the development of a multifamily inclusionary development,
the provisions and requirements of the Affordable Housing Overlay
Zone shall supersede the provisions and restrictions of the underlying
SED20W and R-AG/4 Zone Districts. In the event of a conflict between
the provisions of this section and other sections of the Township
development regulations with respect to the development of market-rate
townhouses and affordable housing, the provisions of this Affordable
Housing-Diocese Overlay Zone shall govern.
(b)
The property will be developed by the Diocese or its successor-in-interest
substantially in accordance with the Concept Plan subject to such
revisions as are the result of preparation of a fully engineered site
plan and as are consistent with this subsection.
(c)
The inclusionary residential development of the property shall
consist of up to six dwelling units per gross acre, inclusive of a
30% set aside for affordable housing units, as such term is defined
in the Uniform Housing Affordability Controls ("UHAC") implementing
the FHA, N.J.A.C. 5:80-26.1 et seq. By way of example only and not
as a representation, if site plan approval is granted for 320 dwelling
units (320/57.3 = 5.58 units per gross acre), 96 of such units shall
be affordable housing units, and 224 of which shall be market-rate
units.
(4)
Accessory uses and structures permitted. Permitted accessory uses
and structures shall include the following:
(a)
Structures designed for recreation or community use as part
of the multifamily dwelling development, including but not limited
to pool(s), tennis, bocce ball, and pickleball courts;
(b)
Private garages and carports;
(c)
Tot lots;
(d)
Walking paths;
(e)
Off-street parking facilities, including surface parking lots;
(f)
Community clubhouse with fitness room, community room, club
room, and furnished model for the market-rate units;
(g)
Community clubhouse with fitness room, community room, club
room and furnished model for the affordable units;
(h)
A management and leasing office for the market-rate units;
(i)
A management and leasing office for the affordable units;
(j)
Maintenance office/garage buildings not to exceed one story
in height and 1,500 square feet in floor area. The facade design shall
match the residential structures;
(k)
Solid waste facilities;
(l)
Monument signs located at entrance(s) to be constructed of stone
or brick, not to exceed 200 square feet in area and eight feet in
height;
(m)
Utility structures and facilities needed to provide the direct
service of gas, electricity, telephone, water, sewerage and cable
television;
(n)
Temporary sales model homes within the respective housing types,
including related directional signage to identify such homes as models;
(o)
One temporary construction and one temporary marketing/sales
trailer for the market-rate units;
(p)
One temporary construction and one temporary marketing/sales
trailer for the affordable units;
(q)
Patios and decks directly adjacent to the rear of any homes,
which shall also be permitted to be located within building setbacks
of interior lots only;
(r)
Privacy fences separating the townhomes, which shall not exceed
10 feet in length and shall not enclose a patio;
(s)
Such other accessory uses customarily incidental to the uses
permitted.
(5)
Design standards. The design of the buildings shall be residential
and not institutional and shall conform to the following:
(a)
Architectural elevations and floor plans shall be provided for
each type of building;
(b)
Rooflines shall be pitched. If flat roofs are provided, they
shall incorporate design techniques to shield any roof-mounted equipment;
and
(c)
The multifamily affordable units and the market-rate townhome
units shall be designed in a complementary architectural style;
(d)
Stormwater basins may be located in required buffer areas along the
roadway providing ingress and egress from State Highway No. 33.
[Added 4-28-2021 by Ord. No. 2021-09]
(e)
Fire hydrants shall be placed throughout the development in accordance
with RSIS standards, including one hydrant located at the project
access driveway along Iron Ore Road. The extension of water main and
fire hydrants off-site including along Iron Ore Road, beyond the project
site access driveway, shall not be required.
[Added 4-28-2021 by Ord. No. 2021-09]
(f)
Street lighting shall be provided for all parking areas, roadway
intersections and midpoint of roadway curves with radius less than
100 feet to the satisfaction of the Board Engineer. The roadway illumination
guidelines referenced in Exhibit 9-10 of the Manalapan Development
Regulations shall not apply.
[Added 4-28-2021 by Ord. No. 2021-09]
(6)
Circulation elements.
(a)
A boulevard street entry shall be provided at the community
entrance.
(b)
A vehicular roadway system that shall have a minimum forty-four-foot-wide
private right-of-way with a twenty-four-foot-wide cartway.
(c)
Surface parking lots throughout the community designed in accordance
with the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1
et seq.).
(d)
Pedestrian circulation systems shall be designed to extend through
the neighborhood. Sidewalks shall be provided on at least one side
of all streets.
(e)
Bike lanes shall not be required in the AH-Diocese Affordable
Housing Overlay District.
(7)
Miscellaneous requirements.
(a)
All dwelling units within a structure shall be connected to
approved and functioning public water and sanitary sewer systems.
Notwithstanding the foregoing requirement, in the event that the public
sanitary sewer system for the project will not be complete or operational
prior to the date of the issuance of a certificate of occupancy for
all or any portion of the project, the Diocese, or its successor-in-interest,
may establish a "pump and haul" operation for all or such portion
of the project until such time as the public sanitary sewer system
for the project is complete and operational.
(b)
In addition to the above, the development of the property shall
be governed by the zoning and bulk standards set forth on "Exhibit
B" appended hereto and made a part hereof.[11] The property shall be exempt from §§ 222-24 through 222-28 (tree replacement requirements) of the Shade Trees article of the Township Code[12] as cost-generative features pursuant to N.J.A.C. 5:93-10.1.[13] The parties acknowledge and agree that the Township's
waiver of otherwise applicable development regulations serves as financial
assistance to an affordable housing development that is reimbursable
to the Township from the Township's Affordable Housing Spending Plan,
provided that neither the Diocese, nor its successor in interest,
is required to make any monetary contribution to the Township and
that such reimbursement does not impose any financial burden on the
project or the property. The Township's Spending Plan to be adopted
may provide for an expenditure of funds to reimburse the Township
for the amounts waived pursuant to this section, subject to the review
and approval of the trial court as part of its review of the Spending
Plan in the action, provided that neither the Diocese, nor its successor
in interest, is required to make any monetary contribution to the
Township and that such reimbursement does not impose any financial
burden on the project or the property. The property shall be exempt
from any sections of the Manalapan Township Land Development Regulations
that would prohibit, limit, or otherwise restrict the Diocese or its
successor in interest from subdividing the property so that the affordable
rental units and the for-sale units are located on separate lots as
shown on the Concept Plan.
[11]
Editor's Note: Said exhibit is on file in the Township offices.
(c)
The affordable housing rental units shall be rental units and
not age-restricted; however, they will be integrated within the development
as generally depicted on the Concept Plan. The occupants of the affordable
housing rental units and the occupants of the market-rate for-sale
units will only have access to their own community amenities. If the
Diocese or its successor-in-interest determines to offer the market-rate
units as for-sale units, then the affordable housing rental units
shall be family rental units and are permitted to be constructed in
multifamily buildings that are separate from the market-rate buildings
and contain all affordable housing units therein as depicted in the
Concept Plan.
(d)
The Township shall cause its Planning Board to review development
applications submitted by the Diocese or its successor-in-interest.
Any reasonable variances, waivers and/or exceptions necessary to achieve
approval of an inclusionary residential development on the property
of up to six dwelling units per gross acre, inclusive of a 30% set-aside
for affordable housing units, shall be reviewed and considered in
good faith by the Township's Planning Board.
(e)
Pursuant to N.J.A.C. 5:80-26.1 ("UHAC"), UHAC does not apply to units qualifying for the federal low-income housing tax credit under Section 42 of the Internal Revenue Code. However, the affordable rental units shall comply with Subsections K(7)(f), (i) and (j) below, as applicable. In addition, the affordable rental units shall have an affordability average as defined in UHAC, which is no more than 52% of median income.
[Amended 7-22-2020 by Ord. No. 2020-17]
(f)
Pursuant to N.J.S.A. 52:27D-329.1, 13% of the affordable housing
units of each bedroom type shall be reserved as very-low-income housing
units, as such term is defined in N.J.S.A. 52:27D-304 and the UHAC,
with half of such units being available to families. Thirty-seven
percent of the affordable housing units of each bedroom type shall
be available as low-income housing units, and 50% of the affordable
housing units shall be available as moderate-income housing units,
as such terms are defined in N.J.S.A. 52:27D-304 and the UHAC.
[Amended 7-22-2020 by Ord. No. 2020-17]
(g)
The Diocese or its successor-in-interest shall develop the property
in accordance with the following phasing schedule: 100% of the affordable
units shall be completed (a newly constructed unit is considered complete
when the certificate of occupancy is issued) upon the completion of
50% of the market-rate for-sale units. By way of example, if site
plan approval should be granted for 320 dwelling units, 96 affordable
units shall be completed upon the completion of 112 market-rate for-sale
units.
[Amended 7-22-2020 by Ord. No. 2020-17]
(h)
The Diocese or its successor in interest shall take all necessary
steps to maintain affordability controls for the affordable units
in accordance with all UHAC regulations, N.J.A.C. 5:80-26.5 and 5:80-26.11,
for at least a thirty-year period from the date that a certificate
of occupancy is issued for each of the affordable units. If this project
is financed with low-income housing tax credits, then the HMFA required
deed restriction shall be provided.
[Amended 9-9-2020 by Ord. No. 2020-19]
(i)
All affordable units shall be subject to the bedroom distribution
required by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation.
All new-construction affordable housing units shall be adaptable in
conformance with N.J.S.A. 52:27D-311a and 52:27D-311b, P.L. 2005,
c. 350, and all other applicable laws.
(j)
The Township shall permit the Diocese or its successor-in-interest
to jointly use existing or future Township-owned easements or land
for the placement and/or extension of off-tract infrastructure, including
but not limited to utilities facilities, necessitated by and/or required
to serve the project.
(k)
The Diocese, or its successor-in-interest, shall not be subject to §§ 128-12 (CCO), 222-24 through 222-28 (tree replacement requirements), 95-8.3 (allowable steep slope requirements), 95-8.9 (open space design requirements), and 95-6.10 (multifamily development requirements) of the Township Code, or any limitations or restrictions in the Township Code, that would prohibit a subdivision of the property into lots that will accommodate the affordable rental units as shown on the Concept Plan. The Diocese, or its successor-in interest, reserves the right to request relief from other Township ordinances, including but not limited to any Township ordinances that are unnecessarily cost-generative, in order to achieve and subsidize the 30% set-aside for affordable housing units intended to be developed on the property pursuant to this subsection.
(l)
The following sign regulations shall apply, and shall supersede the sign standards set forth under § 95-5.6D(9). Instead, signage for multifamily inclusionary development shall adhere to the requirements set forth in § 95-8.7H(1)(f), with the following exceptions:
[1]
The main entry sign may be illuminated.
[2]
The main entry sign shall not exceed 36 square feet in area
nor six feet in height and shall be permitted at the intersection
of existing roads and proposed roads.
[3]
Freestanding signs internal to the community identifying residential
subareas shall be permitted. Said signs shall not exceed 18 square
feet in area.
(m)
All roadways within the mixed-use multifamily inclusionary development
shall remain private and are the sole responsibility of the homeowners'
association.
(n)
More than one multifamily attached building shall be permitted
on a lot.
L.
AH-SF Affordable Housing Overlay District.
[Added 7-8-2020 by Ord.
No. 2020-13]
(1)
Purpose. The purpose of the AH-SF Affordable Housing Overlay District
(the "AH-SF Zone") is to provide for: the construction of an inclusionary
residential development designed to assist the Township in satisfying
its fair share housing obligation through construction of affordable
units set aside for low- and moderate-income households. The AH-SF
Zone is comprised of the property identified as Lots 14.03, and 15.01,
Block 7, on the Manalapan Township Tax Map. This subsection is adopted
pursuant to a developer's agreement between Sea-Franklin Associates,
Inc. and Manalapan Township dated December 18, 2019, and pursuant
to the litigation captioned In the Matter of the Application of Manalapan
Township, docketed at MON-L-2518-15.
(2)
Permitted principal uses.
(a)
Residential dwellings within multifamily buildings. Thirty percent
of the total number of units shall be set aside as non-age-restricted
rental units affordable to very-low-, low-, and moderate-income families
and individuals.
(3)
Permitted accessory uses.
(a)
Off-street parking facilities and surface parking lots.
(b)
Common facilities and amenities, including: tot lots, clubhouse,
community manager's office, swimming pools, hot tubs, grilling stations
and other on-site recreational areas and facilities, maintenance building,
common walkways, gazebos, sitting areas, picnic areas and gardens,
enclosed dog park/run area, and other similar uses.
(c)
Patios, decks, terraces, and balconies.
(d)
Fences and walls.
(e)
Monument walls, with or without signage, at any entrance to
a residential or commercial site.
(f)
Solid waste and recycling areas.
(g)
Signs.
(h)
Site lighting.
(i)
Other uses which are customarily incidental to a permitted principal
use.
(j)
Temporary construction and sales trailers.
(k)
Public and private utility structures.
(4)
Maximum number of units. The maximum number of residential units
permitted is 168. Thirty percent of the total number of units shall
be set aside as non-age-restricted rental units affordable to very-low-,
low- and moderate-income families and individuals.
(5)
(6)
Site access, off-street parking, and loading standards.
(a)
Two site-access driveways shall be permitted from Franklin Lane.
(b)
The number and size of parking spaces shall be consistent with
the requirements of N.J.A.C. 5:21-1.1 et seq., known as the Residential
Site Improvement Standards.
(c)
The number of parking spaces required for a clubhouse or amenity
space shall be one parking space per 800 square feet of gross floor
area. Shared parking between a clubhouse or amenity space and residential
units is permitted.
(d)
No loading spaces are required.
(f)
Parking space dimensions shall be nine feet by 18 feet.
(g)
Landscape islands are not required in parking areas.
(7)
Design standards.
(a)
A maximum of 36 units shall be permitted in any one multifamily
building.
(b)
Solid waste and recycling areas. No setback from the parking
area, or from any yard, is required. The area shall be screened from
view by either an enclosed six-foot chain-link fence with vinyl strips,
or block, and shall have gated access.
(c)
Site lighting. The arrangement of exterior lighting shall adequately
and safely illuminate parking areas, internal roadways, and walkways,
and prevent glare to adjoining residential areas.
(d)
Landscape buffer. A landscaped buffer of 10 feet shall be provided
along all side and rear lot lines, except that tract boundaries with
wetlands buffers are exempt from any buffering requirements. Along
the Franklin Lane frontage, shade trees shall be provided, separated
50 feet on center.
(e)
Open space. Open space of 60 square feet per residential unit shall be provided, and such areas shall include all wetlands, detention and retention basins, and all active or passive recreation improvements, but excluding a clubhouse. The standards of § 95-8.9 do not apply in this zone.
(f)
Recreation. Recreation area of 40 square feet per residential unit shall be provided, and the developer's obligation may be met by one or a combination of the following: community recreational facilities, pool, patio, clubhouse, playground, walking trails, and any other active or passive recreation improvements. The standards of § 95-8.9 do not apply in this zone.
(g)
Relief from design standards shall be considered exceptions
pursuant to N.J.S.A. 40:55D-51b and not a variance.
(8)
Signs.
(a)
Externally or internally illuminated project monument identification
signs at each access drive, with a maximum height of eight feet, and
a maximum area of 100 feet and set back 15 feet from the property
boundary.
(b)
Ground-mounted directional and wayfinding signage with a maximum
height of seven feet, and a maximum area of five square feet.
(c)
Temporary signage, including freestanding ground signs, flag
signs, banner signs, or other signs advertising the availability of
the residential units and/or directing the public to the development.
Signs may be two-sided. Ground signs shall not exceed 25 square feet
in area, per side, and eight feet in height above the ground. Flag
signs shall not exceed 60 square feet in area, per side, and shall
not exceed 22 feet in height above the ground. Banner signs may span
the width of temporary fencing or the building they are mounted on.
The text per each sign may include the community project name, developer
name, logos, and advertising and informational text. Temporary signage
is permitted until the development reaches 95% occupancy.
(d)
Supporting elements, posts, and architectural features are not
included in sign area.
(e)
Any signage otherwise permitted in a residential district.
(9)
Affordable housing.
(a)
Thirty percent of the total number of units shall be set aside
as non-age-restricted rental units affordable to very-low-, low- and
moderate-income families and individuals. The affordable units can
be located in a single building to allow for efficient management
and operation. The affordable units shall comply with the applicable
regulations of the New Jersey Council on Affordable Housing, including
the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et
seq., and all other applicable laws, including a requirement that
13% of all affordable units within each bedroom distribution are available
to very-low-income households, and the affordable rental units shall
be deed-restricted for a period of at least 30 years from the date
of the initial occupancy of each affordable unit, unless and until
the Township releases the controls on affordability.
(b)
All affordable units shall be affirmatively marketed in conformance
with the UHAC, N.J.A.C. 5:80-26.15, or any successor regulation. All
affordable units shall be subject to the bedroom distribution required
by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation. All
new-construction affordable housing units shall be adaptable in conformance
with N.J.S.A. 52:27D-311a and 52:27D-311b, P.L. 2005, c. 350, and
all other applicable laws.
(10)
Miscellaneous provisions.
(b)
Wherever a standard in this subsection conflicts with a standard
in the Land Development Ordinance, the standard herein shall apply.
(c)
Residential units shall be exempt from the square footage requirements of § 95-8.6C(15).
M.
AH-WE Affordable Housing Overlay District.
[Added 7-8-2020 by Ord.
No. 2020-14]
(1)
Bulk and Lot Regulations. The development of the Woodward Estates
site shall be consistent with the attached Exhibit A entitled "Concept
Plan Drawing," which includes conceptual building footprints, building
orientation, and building locations. Said plan is entitled "Concept
Plan" prepared by Concept Engineering September 18, 2019.
(2)
Purpose and intent. The intent of the AH-WE District is to provide
for inclusionary affordable and market-rate housing development consistent
with the Settlement Agreement entered into by and between the Township
and Fair Share Housing Center dated July 11, 2019, and an Amended
Settlement Agreement dated October 16, 2019. The Township is obligated
to create an affordable housing inclusionary zoning district on certain
lands in the Township in accordance with the applicable rules of the
New Jersey Council on Affordable Housing (COAH) in order to meet its
constitutional obligation to provide for its fair share of affordable
housing.
(4)
Minimum tract area: 10 acres.
(5)
Overall tract requirements.
(a)
There shall be a building setback of at least 35 feet along
the perimeter of the tract. Within this thirty-five-foot perimeter
setback, a vegetative buffer, which may include existing wooded areas
in whole or in part, at the developer's option, with a minimum width
of 20 feet, shall be provided.
(6)
Minimum front yard setbacks for principal structures:
(a)
Townhomes: 26 feet from the edge of pavement to the face of
principal structure.
(b)
Multifamily, age-restricted, affordable apartments: 12 feet
from pavement.
(c)
Chimneys, bay windows, or oriel overhangs are permitted to encroach
into a front yard setback by a maximum of two feet.
(d)
Porches or stoops are permitted to encroach into a front yard
setback by a maximum of six feet. A covered porch which encroaches
into a front yard setback shall have a maximum height of 15 feet.
(7)
Minimum side yard and rear yard for principal structures:
(a)
Townhomes: Side clearance: 25 feet between buildings; rear clearance:
50 feet between back of structures.
(b)
Multifamily, age-restricted, affordable apartments: Side setback:
35 feet between buildings; rear setback: 50 feet between buildings.
(c)
Chimneys, bay windows, or oriel overhangs are permitted to encroach
into a side yard or rear yard setback by a maximum of two feet.
(8)
Maximum density: 10/du/ac.
(10)
Minimum lot area and width: 200 feet.
(11)
Maximum impervious coverage: 50%.
(13)
Additional requirements:
(a)
Common recreation facilities, consisting of any of the following:
walking trails, playgrounds, athletic fields, courts or other such
grounds shall be provided within the development at a ratio of 10
square feet per market-rate dwelling unit.
(b)
Off-street parking stalls shall have a minimum width of nine
feet and a minimum depth of 18 feet.
(c)
All parking, garages and circulation shall be designated in
accordance with the New Jersey Residential Site Improvement Standards
(RSIS).
(d)
Waiver of Cost-Generative Measures pursuant to N.J.A.C. 5:93-10.1
et seq.[15] In order to permit the intended, agreed-upon development
of the property, the Township agrees to abide by the COAH regulations
against cost-generative measures as set forth at N.J.A.C. 5:93-10.1(b).[16] Specifically:
[1]
Any inclusionary development within the AH-WE Zone shall be exempt from the Township tree replacement regulations set forth at §§ 222-24 through 222-28 of the Township Code. It is understood that any costs that may have accrued, but are waived for any inclusionary development within the AH-WE Zone pursuant to the tree replacement regulations may be paid to the Township from the Township's Affordable Housing Trust Fund in accordance with the approved Spending Plan.
[2]
There shall be no affordable housing fees assessed against the
market-rate units.
[3]
Any inclusionary development within the AH-WE Zone shall be
subject to the provisions of N.J.A.C. 5:93-10.2, which set forth limitations
on application requirements and provide a standard of review for the
Planning Board for necessary variances or deviations necessary to
accomplish the intent of this district.[17]
(14)
Multifamily age-restricted affordable apartment requirements:
(a)
A minimum of 55 of the dwelling units shall be age-restricted
and affordable to low- and moderate-income households in accordance
with the Superior Court's January 21, 2020, Order entered In the Matter
of the Application of the Township of Manalapan, County of Monmouth,
Docket MON-L-2518-15, and in accordance with the Developer's Agreement
between Woodward Estates LLC and Manalapan Township approved by the
Township Committee on June 10, 2020.
(b)
All affordable units shall comply with the regulations of UHAC
and/or the New Jersey Council on Affordable Housing ("COAH"), as may
be applicable, including, but not limited to those concerning a) income
qualification, b) controls on affordability for a period of 30 years,
c) deed restrictions, d) bedroom distribution, e) low/moderate income
split, f) affirmative marketing and g) handicap accessibility.
(c)
Pursuant to N.J.S.A. 52:27D-329.1, 13% of the affordable housing
units of each bedroom type shall be reserved as very-low-income housing
units, as such term is defined in N.J.S.A. 52:27D-304 and the UHAC.
(d)
All affordable units shall be subject to deed restrictions on
income limits for a period of not less than 30 years.
(e)
The affordable dwelling units shall be split equally between
moderate-income units and low-income units.
(f)
In the event that an equal split of the affordable dwelling
units between moderate- and low-income units results in a fraction
of a unit, the additional unit shall be reserved for low-income households.
(g)
Any phasing of development of market-rate units in comparison
to affordable units shall include the construction of affordable units
in accordance with the schedule established by N.J.A.C. 5:93-5.6(d),[18] and in accordance with the phasing requirements of the
Township's Affordable Housing Ordinance, found in this chapter. However,
aside from phasing requirements for the construction of market-rate
units to affordable units, the developer may phase any portion of
the remaining development at its own discretion to be approved by
the Planning Board.
N.
AH-AP Affordable Housing Overlay District.
[Added 7-8-2020 by Ord.
No. 2020-15]
(1)
Purpose. The purpose of the AH-AP Affordable Housing Overlay District
is to permit a mixed-use inclusionary development along the frontage
of Route 33. The zone is to permit up to 129 housing units. The zone
also permits nonresidential development. The affordable for-sale units
shall comply with New Jersey's Uniform Affordable Housing Control
Standards (UHAC).
(2)
Principal permitted uses and structures. The following uses are permitted
in the AH-AP District:
(a)
Single-family detached housing.
(b)
Townhouses.
(c)
Multifamily housing for affordable units.
(d)
Business and professional offices, including medical offices.
(e)
Banks, including drive-through facilities and financial institutions.
(f)
Retail sales and services.
(g)
Neighborhood shopping center.
(h)
Personal services.
(i)
Pharmacies, including drive-through facilities.
(j)
Restaurants, Category One, Two and Three, including drive-through
restaurants.
(3)
Permitted accessory uses and structures.
(a)
Off-street parking facilities.
(b)
Other uses which are customarily incidental to a permitted principal
use.
(c)
Recreation areas and recreation facilities and buildings for
the common use and enjoyment of residents, including but not limited
to clubhouses, tennis courts, swimming pools, walking trails, dog
park and other active and passive open spaces.
(d)
Fences and walls.
(e)
Patios, balconies and decks.
(f)
Pump stations.
(g)
Stormwater facilities.
(h)
Signs.
(i)
Gatehouse.
(j)
Public utilities.
(k)
Essential services.
(l)
Outdoor dining associated with permitted restaurant uses subject to the requirements of Chapter 157, Outdoor Dining.
(m)
Commercial deliveries, services, maintenance and access related
to the operation of adjoining golf course facilities and the adjacent
water tower. An access drive to such facilities may be provided on
a separate lot located with the residential portion of the tract,
provided that said lot has a minimum frontage and width of 30 feet
and a minimum depth of 100 feet.
[Added 10-11-2023 by Ord.
No. 2023-13]
(4)
Overall tract and open space requirements.
(a)
It is recognized that the overall tract may be subdivided for
residential and commercial uses. These standards shall apply to the
overall tract. If there are subdivided lots within the overall tract,
there may be easements for vehicular and pedestrian access and circulation,
shared parking and stormwater management facilities for the overall
tract to permit the development of the AH-AP District as a comprehensive
development.
(b)
The maximum number of dwelling units to be developed within
the AH-AP District shall not exceed 129 units, of which 22% shall
be set aside for low- and moderate-income households.
(c)
Minimum overall tract size is 20 acres.
(d)
The minimum open space standard shall be 20% of the gross overall
tract.
(e)
Tract buffer: 20 feet. The following encroachments into the
overall tract buffers are permitted:
[1]
Pedestrian trails, sidewalks, cart paths, signs, retaining walls,
fences, underground utilities, aboveground transformers with secondary
enclosures and landscaped areas are permitted in all buffer areas.
[Amended 10-11-2023 by Ord. No. 2023-13]
[2]
Stormwater basins and facilities and other utilities.
[3]
Driveways and parking areas.
[4]
Emergency access if required by the Township.
(f)
Distance between single-family detached lot lines and multifamily
structures: 30 feet.
(g)
Multiple principal buildings on a lot shall be permitted on
lots with nonresidential uses, and residential uses with townhomes
or multifamily buildings. The affordable housing units shall be on
a separate subdivided lot within multifamily buildings.
(h)
Access from an inclusionary development to a public street may
be provided via a shared driveway located on a lot to be developed
for any other permitted principal use, provided it is built in accordance
with specifications acceptable to the Township Engineer and provided
further that the right to such access is established with a perpetual
easement recorded in the Monmouth County Clerk's office or as otherwise
permitted by law.
(i)
All roadways, sewer mains and water mains within the inclusionary
development shall be public and are the sole responsibility of the
Township.
(j)
The provisions of § 95-5.6D(6) shall apply except that where any portion of the thirty-five-foot greenbelt along Route 33 is subject to an easement for underground utilities, the specific landscaping and/or berming requirements referenced herein shall not apply. However, in no event shall any such easement area be used for other than open space purposes as defined herein. Retaining walls shall be allowed in the thirty-five-foot greenbelt.
[Added 10-11-2023 by Ord.
No. 2023-13]
(k)
Sidewalks shall not be required along Route 33 or Sawgrass Drive.
[Added 10-11-2023 by Ord.
No. 2023-13]
(5)
Bulk standards, single-family detached residences.
(a)
Minimum lot size: 5,000 square feet.
(b)
Minimum lot frontage: 50 feet (measured at setback line rather
than at right-of-way line).
(c)
Minimum lot depth: 100 feet.
(d)
Maximum impervious lot coverage: 60%.
(e)
Maximum building coverage: 45%.
(f)
Principal structure:
[1]
Minimum front yard setback: 25 feet.
[2]
Minimum side setback, one side/both sides: five feet/10 feet.
[3]
Minimum rear yard setback: 20 feet.
[4]
Maximum building height: 35 feet except where a front "garage
under" is proposed and where the natural contour of the land measured
10 feet from the foundation exceeds the natural contour at the foundation
by a minimum of 2%. The proposed lot grade immediately adjacent to
the front wall shall not be used to determine average lot grade.
[Amended 10-11-2023 by Ord. No. 2023-13]
(h)
Driveway: No part of any driveway shall be located within five
feet of a side property line. The maximum driveway slope shall be
8%.
[Added 10-11-2023 by Ord.
No. 2023-13]
(6)
Bulk standards for townhouse residences.
(b)
Minimum lot size: 2,400 square feet.
(c)
Minimum lot frontage: 24 feet.
(d)
Minimum lot depth: 100 feet.
(e)
Maximum impervious lot coverage: 80%.
(f)
Maximum building coverage: 65%.
(g)
Principal structure standards:
[1]
Minimum front yard setback: 20 feet.
[2]
Minimum side setback, one side: 0 feet.
[3]
Minimum rear yard setback: 10 feet.
[4]
Maximum building height: 35 feet.
[6]
Maximum building length: 200 feet.
[7]
Minimum setback from Route 33: 50 feet.
[8]
Minimum distance between a building and internal street: 15
feet, exclusive of front steps, stoops or overhangs, which shall be
no closer than 10 feet to an internal street.
[9]
Minimum distance between a building and parking area: 10 feet.
(7)
(8)
Bulk standards for commercial, retail and flex space.
[Amended 10-11-2023 by Ord. No. 2023-13]
(a)
Minimum tract size: 80,000 square feet.
(b)
Minimum lot size: 40,000 square feet.
(c)
Minimum lot frontage (Route 33): 150 feet.
(d)
Maximum impervious lot coverage: 70%.
(e)
Maximum building coverage: 35%.
(f)
Principal structure:
[1]
Minimum front yard setback: 25 feet.
[2]
Minimum side setback, one side/both sides: five feet/10 feet,
0 feet for common wall.
[3]
Minimum rear yard setback: 20 feet.
[4]
Maximum building height: 50 feet.
[5]
Maximum ground floor area: 19,000 square feet.
[6]
Minimum setback to parking area: five feet.
(g)
All principal nonresidential structures shall be set back a
minimum of 30 feet from any principal residential structure. This
standard shall not apply to pre-existing nonconforming structures
which remain on the site.
(h)
The commercial uses shall be allowed to satisfy parking standards
through parking agreements with adjacent commercial lots.
(9)
Inclusionary development standards.
(a)
The permitted single-family detached homes and/or townhomes
and the multifamily affordable housing units shall be considered an
inclusionary development, and the construction of affordable housing
shall be phased pursuant to COAH and UHAC (Uniform Housing Affordability
Controls) standards. The nonresidential development may be phased.
The affordable housing shall comply with all UHAC standards and shall
be affirmatively marketed throughout the Region 4 by an Administrative
Agent (as described in the UHAC regulations). Pursuant to N.J.S.A.
52:27D-329.1, 13% of the affordable units of each bedroom type shall
be affordable to very-low-income households earning 30% of median
income. Thirty-seven percent of the affordable units shall be affordable
to low-income households. Up to 50% of the affordable units shall
be affordable to moderate-income households.
(b)
For-sale affordable units shall have a minimum gross floor area
requirement as follows: one bedroom: 800 square feet; two bedrooms:
900 square feet; and three bedrooms: 1,200 square feet.
(c)
The affordable units shall be governed by a minimum thirty-year
deed restriction.
(d)
The affordable housing units shall not be age-restricted.
(e)
The market-rate housing and the affordable housing shall be
exempt from development fees.
(11)
Signs. The following sign regulations shall apply and shall supersede the sign standards set forth under § 95-5.6D(9).
(a)
Residential inclusionary development shall adhere to the requirements set forth in § 95-8.7H(1)(f), with the exception that the inclusionary development may have an eight-foot-by-five-foot main entry monument sign of 40 square feet, provided that the ground sign: 1) is not internally illuminated; 2) is located outside of the sight triangle; 3) is set back a minimum of five feet from the right-of-way; and 4) includes no other advertising other than the name of the development.
(b)
All other permitted principal uses shall adhere to the requirements set forth in § 95-8.7H(4) for the C-3 Zone District.
O.
AF-MF
Affordable Housing Multifamily Zone.
[Added 4-14-2021 by Ord. No. 2021-05]
(1)
Purpose and intent. The intent of the AF-MF Affordable Housing Multifamily
Zone district is to provide for a municipally sponsored, 100-unit
100% affordable non-age-restricted rental development consistent with
the settlement agreement entered into by and between the Township
and Fair Share Housing Center dated July 11, 2019, and an amended
settlement agreement dated October 16, 2019.
(2)
Permitted uses.
(b)
Accessory uses:
[1]
Community building and management/leasing offices.
[2]
Parking and electric vehicle charging stations.
[3]
Private and public utility structures, including standby generators.
[4]
Patios, decks and porches.
[5]
Parks and playgrounds.
[6]
Fences and walls.
[7]
Mailboxes.
[8]
Signage.
[9]
Trash enclosures and recycling areas.
[10]
Community gardens.
[11]
Temporary construction trailer.
[12]
Any use which is customarily incidental and subordinate
to the principal use.
(3)
Bulk standards.
(a)
Minimum lot area: 14 acres.
(b)
Minimum front yard setback for principal structures: 80 feet.
(c)
Minimum side yard setback for principal structures: 30 feet.
(d)
Minimum rear yard setback for principal structures: 75 feet.
(e)
Maximum building height: 50 feet.
(f)
Maximum lot coverage: 60%.
(g)
Maximum density: eight units/acre.
(h)
Maximum units per building: 24 units.
(i)
Maximum building length: 175 feet.
(j)
Minimum distance between buildings: 30 feet.
(k)
Minimum distance between buildings and parking spaces: 10 feet.
(l)
Minimum distance between curb and property line: five feet.
(m)
No accessory structures are permitted in the front yard area.
(Note: This requirement shall not apply to the community building
or tot lot which shall be set back from the Route 33 corridor by a
minimum of 75 feet.)
(n)
Minimum side yard setback for accessory structures: five feet.
(o)
Minimum rear yard setback for accessory structures: five feet.
(p)
Multifamily units may be provided in one or more structures
on the same lot.
(4)
Additional requirements.
(a)
The affordable housing units shall not be age-restricted.
(b)
Off-street parking stalls shall have a minimum width of nine
feet and a minimum depth of 18 feet.
(c)
All parking, garages and circulation shall be designated in
accordance with the New Jersey Residential Site Improvement Standards
(RSIS). No additional parking spaces are required for the community
building.
(d)
The following sign regulations shall apply and shall supersede the sign standards set forth under § 95-5.6D(9). Instead, signage for this development shall adhere to the requirements set forth in § 95-8.7H(1)(f) with the following exceptions:
(e)
Waiver of cost generative measures pursuant to N.J.A.C. 5:93-10.1
et seq. In order to permit the intended agreed-upon development of
the property, the Township agrees to abide by the COAH regulations
against cost generative measures as set forth at N.J.A.C. 5:93-10.1(b).
Specifically:
[1]
Any development within the AF-MF Affordable Housing Multifamily zone shall be exempt from § 128-12 (CCO), §§ 222-24 through 222-28 (tree replacement), § 95-7.44 and § 95-9.3F(11)(k) (detention basin and basin maintenance escrow), § 95-5.6D(3), (8) and (9) (Route 33 Overlay), § 95-8.3, § 95-8.5 (Landscape design requirements), § 95-8.6 (architectural design), § 95-8.9 (Open space design), § 95-7.40 (minimum improvable area), § 95-10.1A(1), (2), and (4) (performance guarantees), § 95-6.10 (Multifamily development requirements), and the tree replacement regulations set forth at § 188-194 et seq., within the Township Code.
[3]
Any development within the AF-MF zone shall not be required
to submit a tree survey.
[4]
No buffers are required with the exception of those required under § 95-5.6D (Route 33 Overlay Zone).
[5]
Route 33 access shall be in accordance with all New Jersey Department
of Transportation standards and approvals, including sidewalk requirements.
[6]
Any development within the AF-MF Affordable Housing Multi-Family
zone shall be subject to the provisions of N.J.A.C. 5:93-10.2 which
set forth limitations on application requirements and provide a standard
of review for the Planning Board for necessary variances or deviations
necessary to accomplish the intent of this district.
[7]
The parties acknowledge and agree that the Township's waiver
of otherwise applicable development regulations serves as financial
assistance to an affordable housing development that is reimbursable
to the Township from the Township's Affordable Housing Spending Plan.
[8]
Building height shall be measured from the average grade around
the perimeter of the building to the midpoint of the roof.
(5)
Landscaping requirements.
(a)
A landscaping plan prepared by a licensed landscape architect
(LLA) licensed in the State of New Jersey. The plan shall be prepared
with the following design principles in mind.
(b)
An overall recurring pattern of plant groupings and material
shall be provided throughout the site, integrating the various elements
of site design to create pleasing and identifiable site characteristics.
(c)
Landscaping shall include a plant palette consisting of deciduous
and evergreen trees, shrubs, ground cover, perennials and annuals.
(d)
The use of native, salt-tolerant, deer-resistant material is
encouraged. Monocultures of material will not be accepted.
(e)
Where existing natural growth is proposed to remain, the plans
shall include methods, notes and details to protect existing trees
and growth during and after construction.
(f)
Plant species variety shall selected with consideration given
to different colors, textures, shapes, blossoms and foliage and should
provide a four-season interest.
(g)
Landscaping shall be provided in public areas and adjacent to
buildings to screen parking areas, mitigate adverse impacts, and provide
windbreaks for winter winds and summer cooling for buildings, streets
and parking.
(h)
Plant selection shall be based upon the premises to provide
material that will best serve the intended function and use as well
as to provide materials appropriate for local soil conditions, water
conservation and the environment.
(i)
The type and amount of plant material shall be varied throughout
the development with accent given to site entrances. Consider massing
trees at critical points.
(j)
Consideration shall be given as to the choice and location of
plant materials in order to screen or create views, to define boundaries
between private and common open space, to minimize noise, to articulate
outdoor spaces and define circulation systems.
(k)
All proposed material shall be drawn to scale to reflect a fifteen-year
to twenty-year growth. Planting schedules showing common and botanical
names, installed and mature sizes and horticultural interest shall
be provided along with applicable installation notes and details.
(l)
Landscaping shall be provided as part of site plan and subdivision
design. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design, preserving and enhancing
the particular identity of the site, and creating a pleasing site
character.
(m)
All trees shall be guaranteed for a minimum of one year from
the time of planting by the applicant against death and disease.
(n)
Planting specification. Deciduous trees shall be at least 2 1/2
inches caliper at planting and should be balled and wrapped in burlap.
Size of evergreens should be four feet tall and shrubs two feet tall
at planting but may be allowed to vary depending on setting and type
of shrub. Only nursery-grown plant materials shall be acceptable,
and trees, shrubs, and ground cover shall be planted according to
accepted horticultural standards. Dead and dying plants shall be replaced
by the developer during the following planting season.
(6)
Affordable apartment requirements:
(a)
Pursuant to N.J.A.C. 5:80-26.1 ("UHAC"), UHAC does not apply to units qualifying for the federal low-income housing tax credit under Section 42 of the Internal Revenue Code. However, the affordable rental units shall comply with Subsections O(6)(b) through (f), below, as applicable. In addition, the affordable rental units shall have an affordability average, as defined in UHAC, which is no more than 52% of median income.
(b)
All affordable units shall be subject to deed restrictions on
income limits for a period of not less than 30 years from the date
that a certificate of occupancy issued for each of the affordable
units. If this project is financed with low-income housing tax credits,
then the HMFA required deed restriction shall be provided.
(c)
The affordable dwelling units shall be split equally between
moderate-income units and low-income units. Pursuant to N.J.S.A. 52:27D-329.1,
no less than 13% of the affordable housing units of each bedroom type
shall be reserved as very-low-income housing units, as such term is
defined in N.J.S.A. 52:27D-304 and the UHAC. No less than 37% of the
affordable housing units of each bedroom type shall be available as
low-income housing units and no less than 50% of the affordable housing
units shall be available as moderate-income housing units, as such
terms are defined in N.J.S.A. 52:27D-304 and the UHAC.
(d)
In the event that an equal split of the affordable dwelling
units between moderate- and low-income units results in a fraction
of a unit, the additional unit shall be reserved for low-income households.
(e)
All affordable units shall be affirmatively marketed in conformance
with the UHAC, N.J.A.C. 5:80-26.15, or any successor regulation. The
Township shall add to the list of community and regional organizations
in its affirmative marketing plan, pursuant to N.J.A.C. 5:80-26.15(f)(5),
FSHC, the New Jersey State Conference of the NAACP, the Latino Action
Network, the Trenton, Greater Red Bank, Asbury Park/Neptune, Bayshore,
Greater Freehold, and Greater Long Branch branches of the NAACP, and
the Supportive Housing Association, and shall, as part of its regional
affirmative marketing strategies during its implementation of this
subsection, provide notice to those organizations of all available
affordable housing units. The Township also agrees to require any
other entities, including developers or persons or companies retained
to do affirmative marketing, to comply with this paragraph.
(f)
All affordable units shall be subject to the bedroom distribution
required by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation.
All new construction affordable housing units shall be adaptable in
conformance with N.J.S.A. 52:27D-311a and N.J.S.A. 52:27D-311b, P.L.
2005, c.350 and all other applicable laws.
[Amended by Ord. No. 94-23; 5-23-2001 by Ord. No. 2001-09; 12-15-2004 by Ord. No. 2004-32]
A.
The CD-KH District, the CD-FS Four Seasons Consent
District and the CD-M Meadows Consent District recognize locations
on or near N.J.S.H. 33 for planned residential development that have
been created pursuant to the "Order for Final Judgment of Mount Laurel
II Compliance and Repose" entered in the Superior Court of New Jersey.
Development within these districts is permitted pursuant to the Court
order and in accordance with the Manalapan Township Housing Element
and Fair Share Plan granted substantive certification by the New Jersey
Council on Affordable Housing, as amended. These districts provide
for inclusionary housing development in fulfillment of the Township
obligation to provide for its fair share of the regional need for
low- and moderate-income housing. Shopping centers on a lot of no
less than 25 acres are subject to all requirements of the C1 District
as permitted in the CD-KH District in accordance with the Court order.
B.
The Knob Hill Consent District permits a planned residential
development consisting of single-family dwellings, townhouses, multifamily
dwellings, commercial land use, and common open space and recreational
amenities and supporting improvements that include an eighteen-hole
golf course, club house, swimming pool, and tot-lots. The layout of
the development, the mix of uses and dwellings, and the extent of
the permitted improvements are subject to the general development
plan approved by the Township Planning Board pursuant to the "Order
for Final Judgment of Mount Laurel II Compliance and Repose" and the
subdivision and site plans subsequently approved by the Planning Board.
Affordable housing within the district is subject to the affordable
housing plan for Knob Hill approved by the Township.
C.
The area, building and yard requirements applicable
to residential development in the Knob Hill Consent District are specified
in the Schedule of Area, Yard and Building Requirements, Exhibit 5-1.1,
Knob Hill Consent District.[1]
[1]
Editor's Note: Exhibit 5-1.1 is included at the end of this chapter.
D.
The area, building and yard requirements applicable
to residential development in the Four Seasons Consent District are
specified in the Schedule of Area, Yard, and Building Requirements,
Exhibit 5-1.2, Four Seasons Consent District.[2] Additional requirements are set forth in § 95-5.7F, below.
[2]
Editor's Note: Exhibit 5-1.2 is included at the end of this chapter.
E.
The area, building and yard requirements applicable
to residential development in the Meadows Consent District are specified
in the Schedule of Area, Yard and Building Requirements, Exhibit 5-1.3,
Meadows Consent District.[3] Additional requirements are set forth in § 95-5.7G below.
[3]
Editor's Note: Exhibit 5-1.3 is included at the end of this chapter.
F.
CD-FS Four Seasons Consent District. The purpose of
the Four Seasons Consent District (CD-FS) is to allow an age-restricted
planned residential development that will provide at least 391 credits
towards the Township obligation to provide a fair share of the regional
need for low- and moderate-income housing. The planned development
will result in the construction of not more than 692 age-restricted
single-family dwelling units and an age-restricted multifamily dwelling
containing not more than 100 affordable rental dwelling units. The
single-family dwelling units will be sold at market rates. In lieu
of constructing additional affordable housing units onsite to provide
the required credits, the developer will have the option to arrange
and provide payments in lieu of construction to transfer 189 lower
income dwelling units through regional contribution agreements (RCAs)
to other communities; to fund an additional 30 RCAs arranged by the
Township; and to fund the rehabilitation of 43 low- and moderate-income
dwelling units in Manalapan Township.
(1)
Principal permitted uses. Development of the CD-FS
District shall be permitted as an age-restricted planned residential
development. The housing within the development shall qualify as "55
and over housing" within the meaning of the Federal Fair Housing Act.
The planned residential development shall be limited to the following
principal permitted uses:
(2)
Permitted accessory uses.
(a)
Recreation area(s) and recreational facilities
and buildings for the common use and enjoyment of residents of the
planned development such as, but not limited to, clubhouse, tennis
courts, swimming pools, trails, putting green and passive open space.
(b)
Uses which are customarily incidental and accessory
to the principal use.
(3)
Minimum tract area required. The minimum gross tract
area required for development as a planned residential development
in the CD-FS District is the area of the CD-FS District.
(4)
Maximum density. The maximum density permitted for
the planned residential development based upon the gross tract area
for all units is 2.10 dwelling units per acre. The planned residential
development shall be designed to set aside a lot for the development
of an age-restricted multifamily dwelling with affordable units. The
density of the multifamily lot shall not exceed 15.10 units per acre.
(5)
Impervious tract coverage. The impervious coverage
of the gross tract area of the planned residential development shall
not exceed 25%.
(6)
Utilities. The planned development shall be served
by public water and public sewers and shall provide for sewer and
water improvements in accordance with an approved general development
plan. The timing and phasing of sewer and water improvements shall
be subject to the review and approval of the Planning Board. Sewer
and water improvements shall be completed by the developer in accordance
with a schedule approved by the Planning Board. The developer shall
provide water and sewer connections at its property line with the
VC Village Commercial District. The lines will be provided with sufficient
capacity to serve the future commercial development of the VC Village
Commercial District.
(7)
Stormwater management. The planned development shall
provide for stormwater management in accordance with an approved general
development plan. Stormwater management basins shall be owned and
maintained by a master homeowners' association that will be established
by the developer. The timing and phasing of the stormwater management
improvements shall be subject to the review and approval of the Planning
Board. Stormwater management improvements shall be completed in accordance
with a schedule approved by the Planning Board.
(8)
Circulation. The planned development shall provide
for pedestrian and vehicular circulation improvements in accordance
with an approved general development plan.
(a)
The timing and phasing of the circulation improvements
shall be subject to the review and approval of the Planning Board.
(b)
Circulation improvements shall be completed
in accordance with a schedule approved by the Planning Board.
(c)
All roadways, parking areas and landscaped islands
shall be private and maintained by a homeowners' association, except
that access roads across lands dedicated to and accepted by the Township
for public use may be public roads.
(d)
The streetlighting plan shall be arranged to
provide that any future lighting costs incurred by the Township shall
be based upon the contribution fixtures rate and that the agreement
with the local utility shall be reviewed and approved by the Township
Engineer and the Township Attorney as provided by § 95-9.3C4
of the Township Development Regulations.
(e)
Prior to final approval, the planned development
shall provide a municipal services agreement with the Township for
the contribution by the Township for maintenance, snowplowing and
lighting in accordance with municipal policies in effect at that time.
(f)
Each single-family detached dwelling shall be
constructed with and shall maintain a two-car garage served by a driveway
with a width of at least 20 feet and a length of at least 20 feet
between the face of the garage door and the right-of-way. The homeowners'
association documents shall prohibit the conversion of the garage
to any other use.
(g)
Within the multifamily rental dwelling section
of the planned development, leases for the multifamily units shall
provide that tenants shall be limited to one car.
(h)
A parking lot shall be provided for the clubhouse
of the development. The clubhouse may be used for a commuter parking
lot for residents of the planned development. The public offering
statement for the development shall disclose to potential homeowners
that the parking lot may be used for commuter parking.
(i)
The planned development shall facilitate the
movement of vehicles and pedestrians by planning and providing a direct
interconnection between its internal street system and the roads and
parking areas of the VC Village Commercial Zone.
(9)
Common open space and recreation area requirements.
The planned residential development shall provide common open space
and recreation areas and improvements to meet the following minimum
requirements:
(a)
The development shall maintain at least 225
acres of the CD-FS Zone as open space and recreation areas, inclusive
of wetlands, wetlands transition areas, floodplains, steep slopes
and lands dedicated to public use.
(b)
Recreation facilities.
[1]
The recreation facilities provided as part of
the planned development shall include an active recreation area for
the use and enjoyment of the residents of the planned development.
At a minimum, the active recreation area shall be developed to provide
the following improvements and meet the following requirements.
[a]
A clubhouse/community center building
with at least 20,000 square feet of floor area, including an indoor
swimming pool, multipurpose room and other indoor activity areas.
[b]
Outdoor recreation facilities,
including swimming pool and tennis courts.
[c]
Walking trails.
[d]
Other appropriate active recreation
facilities as approved by the Planning Board.
[2]
The recreational facilities shall be owned and
maintained by a homeowners' association. All owners of single-family
dwelling units within the planned development shall be members of
the homeowners' association. Tenants of the multifamily dwelling shall
be permitted to use the active recreation facilities as if they were
members of the homeowners' association.
(c)
At least nine acres of the planned development
shall be set aside and improved as an area for a clubhouse/community
center building and related active outdoor recreation facilities for
the benefit of the residents of the planned development. The clubhouse
community center building and recreation area shall include an improved
off-street parking area for a minimum of 230 cars. The clubhouse/community
center building shall be set back at least 80 feet from any street.
The clubhouse/community center building and parking area shall be
located no closer than 100 feet to any residential lot. The perimeter
of the area shall be appropriately landscaped as required by the Township
Planning Board.
(d)
The clubhouse/community center building height
shall not exceed two stories or 35 feet in height. The building design
shall be coordinated with the design of the single-family dwellings.
(e)
The recreational improvements of the planned
development shall provide for a walking trail through the CD-FS and
the CD-M Zones. The trail shall be at least six feet in width running
from Millhurst Road to Woodward Road and designed to align with the
recreational trail leading ultimately to Monmouth Battlefield State
Park. The planned development shall provide an easement for public
pedestrian access and use of the trail. The oortion of the trail within
the CD-FS Zone will be constructed as part of the age restricted planned
development and shall be owned and maintained by the homeowners' association
of the planned development unless dedicated to and accented by a public
entity.
(f)
All recreational and community center buildings
and facilities, including swimming pools, tennis courts, clubhouses
and other such recreational, community service and cultural facilities,
shall be subordinate to the residential character of the community.
No advertising or commercial enterprise shall be permitted.
(g)
The clubhouse/community center building shall
be constructed and completed and receive a certificate of occupancy
by the issuance of the 225th building permit for the single-family
dwelling units of the planned development.
(h)
All other recreational improvements, with the
exception of the recreational walking trail, shall be completed before
the issuance of the 325th building permit for the single-family dwelling
units of the planned development.
(i)
The recreational walk trail shall be completed
by the 400th building permit for the single-family dwelling units
of the planned development.
(j)
Land dedicated for open spaces shall include,
wherever feasible, natural features such as streams, brooks, wooded
areas, steep slopes and other natural features of scenic and conservation
value. The developer may be required to plant trees or make other
similar landscaping improvements as may be found necessary by the
Planning Board to ensure the attractiveness and suitability of the
area as open space.
(l)
All wetlands areas and buffer areas shall be
dedicated as conservation easements to the Township of Manalapan.
(10)
Provision of land for public use. Pursuant to
the "Order for Final Judgement of Mount Laurel II Compliance and Repose,"
the planned developed of the consent districts is to provide areas
for public and quasi-public use. In the CD-FS Zone, at least 35 acres
shall be reserved for public purposes in a location approved by the
Planning Board. The Township shall have the right to accept the dedication
of all or any part of the reserved lands, and the developer shall
dedicate such lands at the time of the first final subdivision or
final site plan approval granted by the Township to the planned development.
(11)
Annual limits on certificates of occupancy.
The build out of the CD-FS Zones as a planned development shall be
limited to 250 certificates of occupancy per year for the first two
years and 175 certificates of occupancy per year thereafter. This
limitation shall not include the model homes, sales office or clubhouse.
A year shall be a calendar year beginning with the calendar year in
which either of the developers of the CD-M Zone or the CD-FS Zone
obtains its first building permit.
(12)
Affordable housing requirements. The planned
development shall provide for the production of at least 391 affordable
low- and moderate-income dwelling units or credits toward the Township
fair share housing obligation. In lieu of construction of 391 affordable
dwelling units or credits on site, the developer will have the option
of producing the affordable housing as three components as described
herein. To exercise this option, the developer must commit to providing
for all three components as part of its application for preliminary
approval. One component will be the construction within the planned
development of 100 age-restricted low- and moderate-income rental
dwelling units. With 29 rental bonus credits, the age-restricted project
will provide 129 credits towards the Township fair share housing obligation.
The second component will be payments to the Township in lieu of constructing
189 affordable lower-income housing units on site. The payments will
fund one or more regional contribution agreements (RCAs) to be arranged
by the developer. The third component will be payments to the Township
for 73 additional units off site. The payments for the 73 units will
be used for the rehabilitation of housing within Manalapan and for
RCAs arranged by the Township.
(a)
One hundred and twenty nine credits for low-
and moderate-income units shall be provided by the construction on
site of 100 lower-income dwelling units in a multifamily building.
All dwelling units shall be age-restricted except for the building
superintendent's apartment. The distribution of low- and moderate-income
dwellings within the building shall be in accordance with the requirements
of the Council on Affordable housing. The rents established will be
maintained at a level such that no affordability assistance is required
from the Township.
(b)
One hundred and eighty nine credits in lieu
of construction on site of 189 affordable lower-income units will
be provided by a payment to fund one or more regional contribution
agreements. The developer of the planned development will be responsible
for arranging for and fully funding the regional contribution agreements
to complete the transfer of dwelling units, including any and all
costs incurred by the Township.
(c)
Thirty credits will be provided in lieu of construction
of 30 lower-income units on site by a cash contribution from the developer
to the Township to fully fund 30 lower-income units through regional
contribution agreements arranged by the Township, including any all
costs incurred by the Township.
(d)
Forty three credits will be provided in lieu
of construction of 43 lower-income units on site by a cash contribution
from the developer to the Township to fully fund the rehabilitation
of 43 lower-income housing units within Manalapan Township.
(e)
The developer shall indemnify and hold the Township
harmless from all costs or guarantees imposed by the Council on Affordable
Housing (COAH) upon the Township for the regional contribution agreements
and the housing rehabilitations that the developer will fund in lieu
of construction on site of lower-income units. No later than the first
final site plan approval, the developer shall provide a performance
guarantee in a form acceptable to the Township Attorney and in an
amount to be determined by the Township for the payments in lieu of
construction to be made by the developer.
(f)
A detailed affordable housing plan for the implementation
of the 100 low- and moderate-income housing units to be constructed
on site and the payments in lieu of construction shall be submitted
with the first application for final site plan or subdivision approval.
The plan shall be subject to the approval of the Township Committee.
The plan shall be drawn to meet the requirements of the Township affordable
housing regulations and the requirements of the New Jersey Council
on Affordable Housing.
(g)
The master deed and bylaws governing the planned
development shall be submitted for Township review and approval with
the first application for site plan or subdivision approval. The master
deed and bylaws shall provide that all tenants of the lower-income
multifamily dwelling shall have use of the clubhouse/community building
and the recreation facilities of the planned development without fee.
The arrangement between the landlord/owner of the multifamily building
and the homeowners' association to ensure access by the tenants of
the multifamily dwelling to the clubhouse/community building and recreation
facilities shall be subject to Township Committee review and approval.
All financial arrangements for the multifamily building shall be such
that no affordability assistance is required from the Township.
(h)
Phasing of the RCA/on-site construction obligation.
The developer may phase the implementation of the affordable housing
requirements of the CD-FS Zone. The Township of Manalapan will enter
into one or more RCAs. The developer shall be solely responsible for
the payment of the contribution to recipient municipality(ies) for
the 189 lower-income dwelling units in whatever amount is required
by COAH and agreed to by the recipient municipality. The developer
shall fully fund the RCA's of the RCA/on-site construction obligation
by entering into a payment and indemnification agreement ("payment
agreement") with the Township of Manalapan. The developer shall fund
the RCAs by making timely payments to the Township of Manalapan at
least 15 days before the date the payment is due to the recipient
municipality as set forth in the RCA. The on-site construction of
the lower-income multifamily rental building will take place in accordance
with a phasing plan as approved by the Township Planning Board.
(i)
Phasing of the RCA/rehabilitation obligation.
[1]
The developer shall make a payment in lieu of
construction for 73 affordable lower-income housing units in four
phases for a total payment of $1,491,100. The developer will pay $375,525
(25% of the total) within one year after the issuance of the certificate
of occupancy for the number of market units indicated in the table
below. These thresholds represent 20%, 40%, 60% and 75% of the total
project.
|
CD-FS Zone Affordable Housing Component
Phasing of the RCA Payments/Rehabilitation
for 73 Lower-Income Dwelling Units
| |||
|---|---|---|---|
|
Certificates of Occupancy
(total homes)
|
Payment Per Phase
|
Cumulative Payment
| |
|
160
|
$372,525
|
$372,525
| |
|
320
|
$372,525
|
$745,050
| |
|
480
|
$372,525
|
$1,117,575
| |
|
600
|
$372,525
|
$1,490,100
| |
[2]
The developer shall hold the Township harmless
from all costs or guarantees imposed by COAH upon the Township for
these RCA's and rehabilitations.
(13)
Signs. The planned residential development shall
submit a comprehensive program for the location and display of the
permanent entry signs and the temporary sales to be located on site.
The program is subject to the review and approval of the Planning
Board. The signage display shall be subject to the following limitations
as to the type and size of signs permitted.
|
Method of Support Permitted
|
Sign Height
|
Sign Setbacks from Edge of Pavement
| ||||||
|---|---|---|---|---|---|---|---|---|
|
Sign Type
|
Permitted Area
(square feet)
|
On Ground
|
Pole Mount
|
Permitted Height
(feet)
|
Required Clearance
(feet)
|
Minimum Front Setback
(feet)
|
Minimum Side Setback
(feet)
|
Illumination
|
|
Main entry (2 per entrance)
|
Up to 80
|
Yes
|
No
|
Max. 14
|
-
|
20
|
20
|
Yes-external
|
|
Secondary entry 2 per entrance)
|
Up to 60
|
Yes
|
No
|
Max. 8
|
Min. 1-1/2
|
20
|
20
|
Yes-external
|
|
Entry structure/ gatehouse
|
Up to 12
|
Yes
|
No
|
-
|
-
|
N/A
|
N/A
|
Yes-external
|
|
Medallions
|
Up to 4
|
Yes(1)
|
No
|
-
|
-
|
N/A
|
N/A
|
No(2)
|
|
Banners
|
Up to 10
|
No
|
Yes
|
Max. 14
|
Min. 8
|
5
|
5
|
No
|
|
Sales office identification
|
Up to 32
|
Yes
|
No
|
Max 7
|
-
|
N/A
|
N/A
|
Yes-external
|
|
Site identification
|
Up to 32
|
Yes
|
No
|
Max 7
|
-
|
N/A
|
N/A
|
No
|
|
Directional/ Model home/parking
|
Up to 10
|
Yes
|
No
|
Max 4
|
-
|
N/A
|
N/A
|
Yes-external
|
|
(1)
|
Medallions must be mounted on a wall
or pier.
|
|
(2)
|
May be illuminated as part of an entry
wall or pier structure.
|
|
(3)
|
Temporary signs shall be removed upon
closure of sales center/model area.
|
(14)
Findings for planned development of the CD-FS
Zone. Prior to the approval of the planned residential development
of the CD-FS Zone, the Planning Board shall make the findings of fact
and reach the conclusions required for planned development pursuant
to N.J.S.A. 40:55D-45.
G.
CD-M Meadows Consent District. The purpose of the
Meadows Consent District (CD-M) is to allow a planned residential
development that will provide at least 145 credits towards the Township
obligation to provide a fair share of the regional need for low- and
moderate-income housing. The planned development will result in the
construction of not more than 520 market rate dwelling units within
the CD-M District. The development will consist of single-family detached
dwelling units and townhouse dwelling units sold at market rates and
at least 26 dwelling units affordable to low- and moderate-income
households. In lieu of constructing additional affordable housing
units on site to provide the required credits, the developer will
have the option of arranging and providing payments in lieu of construction
to transfer 92 lower-income dwelling units through regional contribution
agreements (RCA's) to other communities; to fund an additional 11
RCA's arranged by the Township; and to fund the rehabilitation of
16 low- and moderate-income dwelling units in Manalapan Township.
(1)
Principal permitted uses. Development of the CD-M
District shall be permitted as a planned residential development limited
to the following principal uses developed in accordance with a general
development plan (GDP) approved by the Manalapan Township Planning
Board:
(2)
Permitted accessory uses. The following accessory
uses are permitted.
(a)
Recreation area(s) and recreational facilities
and buildings for the common use and enjoyment of the residents of
the planned development such as, but not limited to, clubhouse building,
tennis courts, tot lots, trails, swimming pools, and passive and active
open space.
(b)
Uses which are customarily incidental and accessory
to a permitted principal use.
(3)
Minimum tract area required. The minimum gross tract
area required for development as a planned residential development
in the CD-M District is the area of the CD-M District.
(4)
Maximum density. The maximum density permitted for
the planned residential development based upon the gross tract area
is 3.8 dwelling units per acre. The planned residential development
shall be designed with a low-density area and a medium-density area.
The net density within each area shall not exceed the maximum net
density set forth by the Schedule of Area, Yard, and Building Requirements,
Exhibit 5-1.3, Meadows Consent District.[4]
[4]
Editor's Note: Exhibit 5-1.3 is included at the end of this chapter.
(5)
Utilities. The planned development shall be served
by public water and public sewers and shall provide for sewer and
water improvements in accordance with an approved general development
plan. The timing and phasing of sewer and water improvements shall
be subject to the review and approval of the Planning Board. Sewer
and water improvements shall be completed by the developer in accordance
with a schedule approved by the Planning Board.
(6)
Stormwater management. The planned development shall
provide for stormwater management in accordance with an approved general
development plan. Stormwater management basins shall be owned and
maintained by a master homeowners' association that will be established
by the developer. The timing and phasing of the stormwater management
improvements shall be subject to the review and approval of the Planning
Board. Stormwater management improvements shall be completed in accordance
with a schedule approved by the Planning Board.
(7)
Circulation. The planned development shall provide
for pedestrian and vehicular circulation improvements in accordance
with an approved general development plan.
(a)
The timing and phasing of the circulation improvements
shall be subject to the review and approval of the Planning Board.
(b)
Circulation improvements shall be completed
in accordance with a schedule approved by the Planning Board.
(c)
Roadways within the portion of the planned development
developed for single-family detached dwellings shall be public roads
and dedicated to the Township.
(d)
Each single-family detached dwelling shall be
constructed with and shall maintain a two-car garage served by a driveway
with a width of at least 20 feet and a length of at least 20 feet
between the face of the garage door and the right-of-way.
(e)
Within the townhouse section of the planned
development, roads and parking areas shall be private and maintained
by a private association to be established by the developer. The Township
shall have no responsibility to maintain or contribute to the maintenance
of parking areas or landscaped islands.
(f)
Each market rate townhouse unit shall be constructed
with and shall maintain an attached garage served by a driveway with
a length of at least 18 feet between the face of the garage door and
the right-of-way.
(g)
The streetlighting plan shall be arranged to
provide that any future lighting costs incurred by the Township shall
be based upon the contribution fixtures rate and that the agreement
with the local utility shall be reviewed and approved by the Township
Engineer and the Township Attorney as provided by § 95-9.3C4
of the Township Development Regulations.
(8)
Common open space and recreation area requirements.
The planned residential development shall provide common open space
and recreation areas and improvements to meet the following minimum
requirements:
(a)
The development shall provide at least 32 acres
of common open space and recreation areas, exclusive of detention
basins.
(b)
Recreational facilities.
[1]
The common open space and recreation area shall
include an active recreation area of at least six acres. At a minimum,
the active recreation area shall be developed to provide the following
improvements and meet the following requirements:
[2]
The recreational facilities shall be owned and
maintained by a master homeowners' association. All residential units
within the planned development shall be members of the homeowners'
association.
(c)
The recreational improvements of the planned
development shall include a walking trail through the development.
The trail shall be at least six feet in width running from Woodward
Road and designed to align with the recreational trail leading ultimately
to Monmouth Battlefield State Park. The development will be responsible
for the design, permits and construction of the trail crossing of
Manalapan Brook Tributary "A", if permitted by New Jersey DEP, in
order to connect to other trail segments. The trail shall be owned
and maintained by the master homeowners' association of the planned
development unless dedicated to and accepted by a public entity.
(d)
All recreational and community center buildings
and facilities, including swimming pools, tennis courts, shuffleboard
courts, picnic grounds, clubhouses and other such recreational, community
service and cultural facilities, shall be subordinate to the residential
character of the community. No advertising or commercial enterprise
shall be permitted.
(e)
The clubhouse building shall be constructed
and completed and receive a certificate of occupancy by the issuance
of the 135th residential building permit.
(f)
All other recreational improvements, including
the recreational walking trail, shall be completed before the issuance
of the 200th residential building permit.
(g)
Land dedicated for open spaces shall include,
wherever feasible, natural features such as streams, brooks, wooded
areas, steep slopes and other natural features of scenic and conservation
value.
(h)
The developer may be required to plant trees
or make other similar landscaping improvements to the open space as
may be found necessary by the Planning Board to ensure the attractiveness
and suitability of the area as open space.
(j)
All wetlands areas and buffer areas shall be
dedicated as conservation easements to the Township of Manalapan at
the time of final approval.
(9)
Provision of land for public use. Pursuant to the
"Order for Final Judgement of Mount Laurel II Compliance and Repose,"
the planned development of the consent districts is to include areas
for public and quasi-public use. In lieu of the dedication of land
on site for public use, the developer of the planned development of
the CD-M Zone shall provide an irrevocable letter of credit to the
Township Committee for the acquisition of off-site areas for public
use. The letter of credit shall be provided at the time of the first
final approval of any development in the CD-M Zone. The letter of
credit shall be in a form acceptable to the Township Attorney and
be for a period of two years from the date of the first resolution
granting final approval in an amount equal to the costs as estimated
by the Township Committee necessary to acquire 10 acres of land for
public purposes or other lands through condemnation, if necessary.
If, however, land is dedicated to the Township in the CD-FS Zone District
in accordance with an approved general development plan for the CD-FS
Zone District, then this provision shall not apply.
(10)
Annual limits on certificates of occupancy.
The build out of the CD-M Zone as a planned development shall be limited
to 250 certificates of occupancy per year for the first two years
and 175 certificates of occupancy per year thereafter. This limitation
shall not include the model homes, sales office or clubhouse. A year
shall be a calendar year beginning with the calendar year in which
either of the developers of the CD-M Zone or the CD-FS Zone obtains
its first building permit.
(11)
Affordable housing requirements. The planned
development shall provide for the production of at least 145 affordable
low- and moderate-income dwelling units or credits toward the Township
fair share housing obligation. In lieu of construction of 145 affordable
dwelling units or credits on site, the developer will have the option
of producing the affordable housing as three components as described
herein. To exercise this option, the developer must commit to providing
for all three components as part of its application for preliminary
approval. One component will provide credit through the on-site construction
of 26 lower-income affordable housing. A second component will be
payments in lieu of construction for 92 affordable lower-income housing
units. The payments will fund one or more regional contribution agreements
(RCAs) to be arranged by the developer. A third component will be
payments in lieu of construction of 27 affordable lower-income housing
units. The payments for the 27 units will fund the off-site rehabilitation
of housing and one or more RCAs that will be arranged by the Township.
(a)
Twenty-six credits for low- and moderate-income
units shall be provided by the construction on site of six low-income
dwelling units and 20 moderate-income dwelling units. The low- and
moderate-income dwellings shall be distributed throughout the townhouse
section of the planned development and integrated into buildings containing
the market rate townhouse units.
(b)
Ninety-two credits will be provided in lieu
of construction of 92 affordable lower-income units on site by payments
to fund a regional contribution agreement. The developer of the planned
development will be responsible for arranging for and fully funding
the regional contribution agreement to complete the transfer of 92
dwelling units, including any and all costs incurred by the Township.
(c)
Eleven credits will be provided in lieu of construction
of 11 lower-income units on site by a cash contribution from the developer
to the Township to fully fund 11 lower-income units through a regional
contribution agreement arranged by the Township, including any all
costs incurred by the Township.
(d)
Sixteen credits will be provided in lieu of
construction of 16 lower-income units on site by a cash contribution
from the developer to the Township to fully fund the rehabilitation
of 16 lower-income housing units within Manalapan Township.
(e)
The developer shall indemnify and hold the Township
harmless from all costs or guarantees imposed by the Council on Affordable
Housing (COAH) upon the Township for the regional contribution agreements
and housing rehabilitation that the developer will fund in lieu of
construction on site of lower-income units. No later than the first
final site plan approval, the developer shall provide a performance
guarantee in a form acceptable to the Township Attorney and in an
amount to be determined by the Township for the payments in lieu of
construction to be made by the developer.
(f)
A detailed affordable housing plan for the implementation
of the 26 low- and moderate-income housing units to be constructed
on site and the 92 RCA's shall be submitted with the first application
for final site plan or subdivision approval. The plan shall be subject
to the approval of the Township Committee. The plan shall be drawn
to meet the requirements of the Township affordable housing regulations
and the requirements of the New Jersey Council on Affordable Housing.
(g)
The master deed and bylaws and covenants and
deed restrictions proposed for governing the planned development shall
be submitted for Township review and approval with the first application
for final site plan or subdivision approval. The documents shall provide
that the fees assessed against the low- and moderate-income housing
units shall be maintained at a level such that no affordability assistance
is required from the Township and that the units shall remain as affordable
units for a period of at least 30 years.
(h)
Phasing of the RCA/on-site construction obligation.
The developer may phase the on-site construction of the required 26
low- and moderate-income dwelling units and the RCA(s) to be provided
in lieu of construction of 92 lower-income dwelling units. The Township
of Manalapan will enter into one or more RCAs. The developer shall
be solely responsible for the payment of the contribution to recipient
municipality(ies) for the 92 lower-income dwelling units in whatever
amount is required by COAH and agreed to by the recipient municipality.
The developer shall fully fund the RCA's of the RCA/on-site construction
obligation by entering into a payment and indemnification agreement
("payment agreement") with the Township of Manalapan. The developer
shall fund the RCAs by making timely payments to the Township of Manalapan
at least 15 days before the date the payment is due to the recipient
municipality as set forth in the RCA. The on-site construction of
the required 26 lower-income dwelling units will take place in accordance
with a phasing plan as approved by the Township Planning Board.
(i)
Phasing of the RCA/rehabilitation obligation.
[1]
The developer shall make a payment in lieu of
construction for 27 affordable lower-income housing units in four
phases for a total payment of $551,000. The developer will pay $137,800
(25% of the total) within one year after the issuance of the certificate
of occupancy for the number of market units indicated in the table
below. These thresholds represent 20%, 40%, 60% and 75% of the total
project.
|
CD-M Zone Affordable Housing Component
Phasing of the RCA Payments/Rehabilitation
for 27 CD-M Zone Affordable Housing
| |||
|---|---|---|---|
|
Certificates of Occupancy
(total homes)
|
Payment Per Phase
|
Cumulative Payment
| |
|
104
|
$137,800
|
$137,800
| |
|
208
|
$137,800
|
$275,600
| |
|
312
|
$137,800
|
$413,400
| |
|
390
|
$137,800
|
$551,200
| |
[2]
The developer shall hold the Township harmless
from all costs or guarantees imposed by COAH upon the Township for
these RCA's and rehabilitations.
(12)
Findings for planned development of the CD-M
Zone. Prior to the approval of the planned residential development
of the CD-M Zone, the Planning Board shall make the findings of fact
and reach the conclusions required for planned development pursuant
to N.J.S.A. 40:55D-45.
A.
In the R-5 Zone, development shall provide for controls
to ensure the occupancy and affordability of all dwelling units to
low- or moderate-income households. Such controls shall ensure that
the initial and subsequent occupancy of each dwelling is restricted
to low- or moderate-income households. Affordability controls shall
assure that the initial and subsequent pricing of each dwelling unit
is affordable to low- or moderate-income households. Controls shall
be compatible with the controls on affordability established by the
rules and regulations of the New Jersey Council on Affordable Housing
and with any Fair-Share Housing Plan adopted by the Township of Manalapan.
B.
Sewer and water. Each dwelling unit shall be properly
connected with an approved and functioning public sanitary sewer system
and community water system.
Certain uses are necessary to serve the needs
of the Township's citizens but such uses may become inimical to the
public health, safety, and welfare unless established according to
specifications and standards controlling their limit and extent. Accordingly,
this chapter designates such uses as conditional uses to be permitted
only if the conditions specified by this article are complied with
as determined by the review of the Planning Board.
The following shall apply to the review and
approval of a conditional use.
A.
The use for which an application is being made shall
be specifically listed as a conditional use within the zone where
the property is located.
B.
Site plan approval shall be required unless otherwise
specified in this chapter.
C.
The conditional use shall comply with the design standards,
improvement standards, and document submittal requirements of this
chapter unless a requirement is waived by the approving authority.
D.
The conditional use shall adhere to the additional
standards specified under this section for the particular use.
E.
The approving authority may impose additional requirements
to protect the public health, safety, and welfare which it deems necessary
by reason of the location or other factors related to a particular
application. Such requirements shall be provided for and maintained
as a condition of the establishment of the use.
Places of worship may be permitted as a conditional
use in those zones specified, provided that the use and/or structures
shall adhere to the following:
A.
The use shall adhere to the minimum standards of the
particular zone district or to the following standards, whichever
is more restrictive:
B.
No accessory building shall be located closer than
75 feet to any side or rear residential property line.
C.
The height of structures to be constructed may exceed
the maximum height requirements of this chapter; provided, however,
that the front, rear and side yard requirements set forth above shall
be increased by two feet for each foot by which the height of the
structure exceeds the maximum height which would be otherwise permitted
by this chapter, and further provided that in no case shall any proposed
structure exceed 50 feet in height.
D.
Maximum lot and building coverage and maximum floor
area ratio shall be 75% of the maximums set forth on the Schedule
of Zoning Requirements.
E.
Parking shall be provided as required by Article IX
except that the municipal agency may determine that additional parking
be required for any ancillary or accessory uses.
Public utility uses, such as water towers, pumping
stations, electric substations, transmission lines of switching stations,
which must be provided above ground, may be permitted as a conditional
use in those zones specified, provided that the use and/or structures
shall adhere to the minimum standards of the particular zone and the
following:
A.
A statement is submitted setting forth the reasons
that the proposed installation must be provided above ground in a
specific location and why it is necessary and convenient for the efficiency
of the public utility system or for the satisfactory and convenient
provision of service by the utility to the neighborhood or area in
which the particular use is to be located.
B.
The design of any building in connection with such
facility conforms to the general character of the area and will not
adversely affect the safe and comfortable enjoyment of property rights
of the zone in which is located.
C.
Adequate and attractive fences and other safety devices
will be provided.
D.
A minimum of a fifty-foot buffer area shall be required
between any lot line and any building, apparatus or installation at
the site. Sufficient landscaping including shrubs, trees and lawn
are provided and will be periodically maintained.
E.
The public utility use and lot meet all the applicable
minimum requirements of the district in which it is located, except
that it need not have the minimum required lot area. Only one principal
building will be permitted on the lot and a paved parking area is
required.
[Amended by Ord. No. 95-14]
Motor vehicle service stations and public garages
may be permitted as a conditional use in those zones specified provided
that the use and/or structures shall adhere to the minimum standards
of the particular zone and the following:
A.
The site plan shall show the number and location of
fuel tanks to be installed, the dimensions and capacity of each storage
tank, the depth the tanks will be placed below the ground, the number
and location of pumps, wash racks, lubrication bays, air hoses and
any other similar equipment to be installed, the type of structure
and accessory buildings to be constructed, and the number of automobiles
which are to be garaged.
B.
Motor vehicle service stations and garages shall have
a lot area of not less than 40,000 square feet with a minimum frontage
of 200 feet on one street. If the lot requirements for the zone are
greater, they shall take precedent. No building shall be constructed
closer than 75 feet to any street line or closer than 50 feet to any
lot line. Where a filling station or public garage abuts a residential
zone along a side property line, the side yard setback for the filling
station or public garage shall be increased from 50 feet to 75 feet
and a twenty-five-foot-wide planting screen approved by the Planning
Board shall be provided along the entire side property line.
C.
No motor vehicle service station or public garage
shall be located within 500 feet of any public entrance to a church,
school, library, fire station, park, playground, athletic field, charitable
institution, hospital, nursing home, or place of public assemblage.
The distance shall be measured in a straight line along the center
line of streets forming the shortest route from a point opposite the
nearest boundary from the public entrance to a point opposite the
nearest boundary of the service station lot.
D.
Driveways shall cross the sidewalks at right angles
at any point thereof. Driveways shall be at least 25 feet from any
side lot line and at least 40 feet from the intersection of street
lines.
E.
The nearest boundary line of the lot or parcel of
land so to be used shall be at least 100 feet measured in a straight
line from the intersection of any two streets designated as collector
roads in the Manalapan Master Plan.
F.
All fuel pumps, air hoses and any other equipment
used in servicing cars shall be located at least 50 feet from all
street lines and from other property lines.
G.
No vehicle shall be permitted to be standing or parked on the premises
of a motor vehicle service station other than those used by the employees
in the indirect or direct operation of the establishment, except for
the following:
H.
Flammable and combustible liquids used or intended
to be used as fuel for motor vehicles shall be stored in underground
storage tanks on the premises in conformance with the New Jersey State
Uniform Construction Code. Aboveground portable tanks and containers
for storage and dispensing of flammable or combustible liquids shall
not exceed 660 gallons individual capacity and shall conform to the
requirements of the New Jersey State Uniform Fire Code and NFiPA 30.
Aboveground tanks exceeding 660 gallons shall comply to NFiPA and
30A.[1]
I.
No outdoor oil drainage pits or hydraulic lifts shall
be permitted.
J.
Any repair, lubrication or other similar services
to motor vehicles shall be performed in a fully enclosed building.
No parts or partially dismantled motor vehicle may be stored out of
doors.
K.
Coin-operated service stations are not permitted.
L.
No auto body work shall be permitted.
M.
Illumination shall be such that no direct glare from
the lights shall fall upon adjoining streets or properties.
N.
Sale of new or used cars is prohibited.
O.
Accessory goods for sale may be displayed on the pump
islands and the building island only. The outside storage of oil cans
and/or antifreeze and similar products may be displayed on the respective
islands, if provided for in a suitable metal stand or rack.
P.
The municipal agency shall determine that the planning
of the lot is properly suited to the area and in connection therewith
may require adequate buffers of foliage or screen fencing, if necessary,
to protect surrounding properties from any lights or noises that may
be generated from the property.
Q.
Signs shall conform to the requirements set forth in § 95-8.7, Signs, and to the requirements of the zone district.
R.
No more than three motor vehicle service stations
shall be permitted within one linear mile.
Public, parochial or private elementary or secondary
schools, but not trade or business schools duly licensed by the State
of New Jersey, attendance at which is sufficient compliance with the
compulsory education requirements of the state may be permitted as
a conditional use in those zones specified, provided that the use
and/or structures shall adhere to the minimum standards of the particular
zone and the following:
A.
Convents, social halls and similar uses which are
accessory to the educational use shall be permitted.
B.
Elementary schools shall have a minimum lot area of
five acres plus one acre for each 100 students or fraction thereof.
C.
Intermediate or secondary schools or institutions
of higher learning shall have a minimum lot area of 10 acres plus
one acre for each 100 students or fraction thereof.
D.
Educational uses shall be screened from adjacent residential
zones or existing residences adjacent to the site and/or shall provide
fencing along such property lines as may be deemed adequate by the
Planning Board.
E.
Wall and ground signs shall be permitted subject to
the design requirements of Article VIII and to the requirements of
the zoning district.
F.
The curriculum shall be approved by the New Jersey
Department of Education.
G.
The minimum street frontage for a school shall be
500 feet.
H.
A front and rear yard, each with a depth of not less
than 100 feet and two side yards, each with a width of not less than
100 feet, shall be provided. No parking or play area shall be allowed
within 75 feet of any street or property line, and no buildings shall
be allowed within 125 feet of any property line.
I.
No driveway shall open onto a public street or road
within 150 feet of an intersection of any such street or road with
another public street or road. In determining the suitability of a
proposed or existing driveway upon the site, the Board shall consider
such factors as grade and site clearance, the number, location and
design of ingress and egress points, the volume of traffic which may
be anticipated on the site and upon adjoining roads and the condition
and width of pavement of adjoining roads.
J.
Illumination for night athletic activities shall be
shielded from view from adjoining streets and residential areas.
Community residences for the developmentally
disabled or shelters for victims of domestic violence housing more
than six, but less than 16 persons, excluding resident staff, may
be permitted as a conditional use in those zones specified, provided
that the use and/or structure shall adhere to the minimum standards
of the particular zone and the following:
A.
A statement setting forth the full particulars on
the building and/or use shall be submitted.
B.
Minimum lot area shall be 4,000 square feet for each
person, resident staff member or employee housed at the residence
or shelter, but not less than the minimum lot area required for single-family
homes in the zone.
C.
Minimum gross habitable floor area shall be 240 square
feet for each person or resident staff member housed at the residence
or shelter.
D.
No conditional use permit shall be granted if the
number of persons, other than resident staff, resident at such community
residences or shelters exceeds 50 persons or 1/2 of 1% of the population
of the Township, whichever is greater.
E.
No community residence for the developmentally disabled
or shelter for victims of domestic violence shall be located upon
a lot containing any other use, nor shall any structure or facility
on the site be utilized to provide services for any person not residing
on the site.
F.
No community residence for the developmentally disabled
or shelter for victims of domestic violence shall be in excess of
two stories in height, exclusive of basement areas. Basement areas
shall not be utilized for living, sleeping or recreation areas.
G.
Each community residence for the developmentally disabled
or shelter for victims of domestic violence shall submit proof of
licensing by the Department of Human Services of the State of New
Jersey.
H.
No community residence for the developmentally disabled
or shelter for victims of domestic violence shall be located within
1,500 feet of any other community residence for the developmentally
disabled or shelter for victims of domestic violence.
I.
No community residence for the developmentally disabled
or shelter for victims of domestic violence shall be located in any
area of heavy vehicular or pedestrian traffic congestion, or in any
area where, by reason of any condition existing in proximity to the
proposed community residence for the developmentally disabled, the
occupants of said community residence for the developmentally disabled
would be exposed to undue harm, danger or discomfort.
J.
Each community residence of the developmentally disabled
or shelter for victims of domestic violence shall provide one off-street
parking space for each resident staff member, plus one off-street
parking space for each employee on the shift employing the largest
number of persons, plus one off-street parking space for each three
developmentally disabled persons or victims of domestic violence residing
on the site, or fraction thereof. The off-street parking shall be
screened from adjacent residentially zoned properties.
K.
No building utilized for a community residence for
the developmentally disabled or shelter for victims of domestic violence
shall be constructed or altered so as to be inharmonious with the
residential character or adjacent structures and residential zones.
Public and private swim clubs may be permitted
as a conditional use in those zones specified, provided that the use
and/or structures shall adhere to the minimum standards of the particular
zones and the following:
A.
The standards for health and safety as specified in
the municipal ordinance regulating swimming pools and swimming clubs
shall be met.
B.
Signs for swimming clubs shall be limited to one illuminated
sign having an area not to exceed 30 square feet on any one side.
C.
The minimum land area for swimming clubs shall be
five acres with a minimum frontage and depth of 400 feet.
Hospitals, philanthropic and eleemosynary uses
may be permitted as a conditional use in those zones specified, provided
that the use and buildings shall adhere to the minimum standards of
the zone district and to the following:
A multifamily development consisting of townhouse
dwelling units may be permitted as a conditional use within the zones
specified, provided that it adheres to the following standards:
A.
The tract of land shall have direct access to a street
classified as other than a residential access street in the adopted
Circulation Plan of the Township of Manalapan.
B.
Density of development. A multifamily townhouse development
shall be permitted at a maximum density of five units per acre. The
maximum density permitted may be increased to a maximum of eight units
per acre subject to the following formula: An increase of one unit-per-acre
density or fraction thereof up to a maximum three unit-per-acre increase
shall be permitted for each increment of land area to provide for
the equivalent of 100 commuter parking spaces. Such land area shall
be dedicated to the Township of Manalapan. Fractional computation
of density increase shall be permitted.
C.
The multifamily development must be served by public
water and sewer systems.
D.
The minimum gross area proposed for development shall
not be less than 10 contiguous acres, not including land area classified
as floodway by the New Jersey Department of Environmental Protection.
E.
A minimum of 20% of the total area of the tract, not
including land classified as floodway by the New Jersey Department
of Environmental Protection, shall be set aside as permanent open
space. Open space shall adhere to the applicable open space design
requirement of Article VIII of this chapter.
F.
Interior roads. All roads and other accessways within
the development shall be private roads constructed, paved and curbed
to a right-of-way width of not less than 30 feet. All such construction,
paving and curbing shall be completed in accordance with Article IX
of this chapter.
G.
Off-street parking shall be provided in accordance
with the applicable requirements of Article IX of this chapter.
H.
Setbacks and building spacing. There shall be a front
yard, side yard, and rear yard minimum setback of 50 feet. Residential
building design and spacing shall otherwise comply with the spacing
and building design requirements set forth in Article VIII of this
chapter for multifamily and attached residential design.
I.
The minimum habitable floor area per unit shall be
750 square feet.
J.
The maximum building coverage permitted shall be 25%.
K.
The maximum building height permitted for a principal
building shall be two stories and 35 feet.
Adult multifamily development may be a permitted
conditional use in the zones specified, provided that the use and/or
structures adhere to the following:
A.
The tract of land shall have direct access to a street
classified as other than a residential road access in the adopted
Circulation Plan of Manalapan Township.
B.
Density of development. An adult multifamily development
shall be permitted at a density of eight units per acre, and further
provided that the Planning Board may permit the density to increase
to a maximum of 12 units per acre, subject to the following formula:
An increase of one-unit-per-acre density or fraction thereof up to
a maximum of a three-unit-per-acre increase shall be permitted for
each increment of land area to provide for the equivalent of 100 off-street
commuter parking spaces provided. Such land shall be dedicated to
the Township of Manalapan. Fractional computation of density increase
shall be permitted.
C.
Affirmative devices requirement. A development application
permitted hereinabove shall provide affordable housing for elderly
and handicapped moderate- and low-income households in accordance
with the rules and regulations of the New Jersey Council on Affordable
Housing. The program shall provide:
(1)
A minimum of 10% of all units shall be affordable
to moderate income households, and a minimum of 10% of all units shall
be affordable to low-income households as defined by the New Jersey
Council on Affordable Housing.
(2)
An applicant shall set forth a pro forma detailing the development costs for the project at the time of development application submission. The pro forma shall set forth, in sufficient detail, financial data for the development of the project to determine compliance with Subsection C(1) above.
(3)
An application for development of multifamily housing, at the time of filing with the Planning Board, shall be accompanied by a proposal of the applicant to guarantee reasonable continuation of the availability of affordable housing as set forth in Subsection C(1) and (2). The restrictions shall be in accordance with the rules, regulations, and standard restrictions of the New Jersey Council on Affordable Housing.
A corporate headquarters mixed-use complex may
be permitted as a conditional use in the zones specified, provided
that the use and/or structures shall adhere to the minimum standards
of the particular zoning district and the following:
A.
A corporate headquarters mixed-use complex consisting
of executive and administrative offices, research and laboratory functions,
manufacturing of finished products and warehouse and distribution
facilities shall all be contained within a building or buildings designed
and used by a single entity for purposes described and limited above.
Further, the manufacturing products shall be limited to pharmaceuticals,
books, magazines and newspapers, data processing equipment and hardware,
and cosmetics and beauty products, not including perfumes.
B.
The corporate headquarters mixed-use complex shall
be located on a minimum lot having an area of no less than 50 acres
in size, and further, the height of the principal building may be
increased to a maximum of 50 feet, provided that an additional five-foot
yard depth is provided for each one foot of principal building height
exceeding 35 feet. The corporate headquarters mixed-use complex shall
comply with all other standards of the SED-20 District.
[Amended 5-22-2002 by Ord. No. 2002-16]
Single-family detached residential clusters
may be permitted as a conditional use in the R-R Zone, provided that
the use and/or structures shall adhere to the following:
A.
The minimum tract area shall contain at least 50 acres
which are not encumbered by freshwater wetlands, and wetlands transition
areas, and areas of special flood hazard.
B.
The minimum cluster lot size shall be 60,000 square
feet with a minimum improvable area of 15,000 square feet. The permissible
number of building lots in the residential cluster shall not exceed
the number of lots which could be developed under a conventional platting
which conforms to applicable ordinance standards. Cluster lots shall
otherwise adhere to the yard and bulk standards of the R-R Zone.
C.
D.
A minimum of a fifty-foot buffer shall be provided
between residential and agricultural uses.
E.
Development design shall be arranged to maintain rural
features, including hedgerows, woodlands, wetlands, stream corridors,
and threatened or endangered species' habitats. Agricultural uses
shall be maintained to the extent possible.
A.
Golf training centers shall be permitted as a conditional
use in the SED-5 Zone District, subject to site plan approval by the
Planning Board, the regulations established for the SED-5 District,
together with any other requirements deemed necessary by the Planning
Board and any other applicable requirements of this chapter.
B.
A golf training center shall mean a facility including
such activities as pitch and putt facilities (not greater than 1,000
yards in length for an eighteen-hole facility); par-three golf course
(not greater than 1,600 yards in length for an eighteen-hole facility);
a driving range (not less than 280 yards in length); miniature golf;
indoor golf training facilities; snack bars; and a shop for the retail
sale of golf related clothing, equipment and accessories.
C.
The operation of a golf training center may include
one or more of the following activities. The number and type of activities
allowed shall depend upon the size of the project site.
(1)
Par-three golf course.
(2)
Golf driving range.
(3)
Pitch and putt course.
(4)
Miniature golf course.
(5)
Clubhouse, provided that activities within the
clubhouse shall be accessory to the golf training center operation
and shall be limited to pro shops selling golf equipment, golf-related
clothing and golf accessories; education and training facilities;
and snack bars.
D.
Design and bulk standards for golf training centers.
(1)
Pro shops shall not exceed 2,000 square feet.
(2)
Snack bars shall not exceed 1,000 square feet.
(3)
The maximum height of security and safety fences
shall be eight feet.
(4)
Lighting shall be provided in accordance with
the minimum Illumination Engineering Society of North America (IES)
illumination standards designed for the safety of patrons. All lighting
shall be shielded from adjacent uses and provided as follows:
(5)
The hours of operation of golf training centers
shall not extend beyond 11:00 p.m.
(6)
The design of golf training centers shall meet
the minimum standards established by the United States Golf Association
(USGA) and/or Professional Golf Association (PGA).
(7)
The design of the golf training center shall
be prepared by a professional golf course architect or a licensed
professional engineer or landscape architect with demonstrated expertise
in golf course design.
(8)
Where the proposed use is located within two
or more municipalities, the standards established by each municipality
shall be considered by the Planning Board so as to promote an integrated
site design.
Indoor recreation centers, limited to bowling
alleys, tennis racquet clubs, health clubs or spas, shall be permitted
conditional uses in the SED-5 Zone District, subject to site plan
approval of the Planning Board of the Township, the regulations established
in the SED-5 Zone District, together with any other requirements deemed
necessary by the Planning Board and any other applicable requirements
of this chapter.
A.
Where the use is a tennis club, outdoor tennis courts
shall also be permitted.
B.
The permitted indoor recreational clubs may also include
the following:
(1)
Pro shop or other retail space limited to the
sale of related sporting goods, equipment and apparel.
(2)
Education and training facilities.
(3)
Snack bars.
(4)
Restaurants and cocktail lounges contained within
the main structure. Where the liquor license pursuant to which a restaurant
or cocktail lounge is operated permits the sale of package goods,
such sale shall be permitted, provided that the licensee complies
with all applicable regulations and requirements of the Alcoholic
Beverage Commission and all requirements of Township ordinances governing
such sales.
C.
Design and bulk standards for indoor recreational
uses.
(1)
Pro shops shall not exceed 2,000 square feet.
(2)
Snack bars shall not exceed 1,000 square feet.
(3)
Fences, a maximum of eight feet in height, shall
be permitted for purposes of safety and security, except that outdoor
tennis courts may be fenced to a maximum of 12 feet.
(4)
Lighting shall be provided in accordance with
the minimum Illumination Engineering Society of North America (IES)
illumination standards designed for the safety of patrons. All lighting
shall be shielded from adjacent properties.
(5)
The hours of operation of outdoor tennis courts
shall not extend beyond 11:00 p.m.
(6)
Where the proposed use is located within two
or more municipalities, the standards established by each municipality
shall be considered by the Planning Board so as to promote an integrated
site design.
Private nonprofit parks, playgrounds, and recreation
areas shall be permitted as a conditional use in the zones specified
upon issuance of a conditional use permit, provided that the regulations
of the district and the following conditions are met.
Convention centers shall be permitted as a conditional
use in the zones specified upon the issuance of a conditional use
permit provided that the minimum requirements of the zone and the
following standards are met.
A.
The minimum lot area shall be four acres.
C.
A minimum of 1/3 of the gross floor area of the structure
or structures comprising the convention center use shall contain meeting
rooms, office and temporary office space, restaurants and banquet
facilities.
D.
The convention center use shall be part of a planned
office park development as described in Article V of this chapter.
[Amended by Ord. 95-14]
Tennis courts are permitted as a conditional
use on single-family residential properties in the zones specified
on the Schedule of Permitted Uses,[1] subject to the following requirements:
A.
The tennis court will be an accessory use on a single-family
residential lot. The lot shall be 80,000 square feet or larger in
area.
B.
One tennis court of regulation size is permitted and
may be enclosed by an open chain link fence not more than 12 feet
high.
C.
The court, inclusive of the fence, shall be set back
a minimum of 35 feet from side and 50 feet from rear property lines
and shall not be illuminated, nor used for play after dark.
D.
A grading and drainage plan for the tennis court shall
be submitted to the Township Engineer for review and approval. The
plan shall be designed to control surface waters in a manner that
will not adversely affect the subject property or abutting lands.
An engineering review fee of $200 shall be paid by the applicant for
the initial review, and a review fee of $100 shall be paid for each
review of a revised plan.
[1]
Editor's Note: The schedule is included at the end of this chapter.
[Amended by Ord. No. 95-14]
Single-family residential development shall
be permitted as a conditional use in the OP-10A, Office Park Zone
District upon the issuance of a conditional use permit, provided that
the following conditions are met:
A.
The minimum tract area to be developed for residential
use shall be 20 acres located within the OP-10A Zone District.
B.
The development shall be limited to single-family
dwellings.
C.
Lots within the development shall be platted based
upon the schedule of area, yard, and building requirements for the
R-30 Single-family Zone District.
D.
The development design and circulation layout shall
be coordinated to interconnect with any adjoining residential development
in the R-30 Zone District.
E.
The development design shall include a common recreation
area. The common recreation area shall be suitably improved for active
recreation and be not less than two acres in area. In lieu of providing
a recreation area on-site, the developer may contribute to the provision
of public recreation off-tract, subject to Township approval. Other
provisions of the Township development regulations notwithstanding,
a single-family development approved as a conditional use in the OP-10A
Zone District shall not be subject to Township requirements for the
mandatory provision of affordable housing through a development fee
or actual construction.
[Added 4-7-2009 by Ord. No. 2009-05]
A.
The purpose of this section is to limit the location, form and placement
of billboards to only specified areas of the Township and to ensure
that construction and placement is compatible with the need for a
desirable visual environment, good civic design and arrangement, the
well-being of residential areas, the safety of motorists, and to prevent
the location of facilities which may result in blight along transportation
routes within the Township.
B.
Billboards may be permitted as a conditional use but only on lots
with frontage on N.J.S.H. 9 in those zones specified by the Township
Schedule of Permitted Uses,[1] provided that the billboard and its location and installation
shall adhere to the standards of the zone district and to the following
conditions:
(1)
The billboard shall be located only on a lot with lot frontage
on N.J.S.H. 9.
(2)
The billboard shall only be constructed as a ground sign.
(3)
No billboard shall be located on a lot that is developed with
any use, building, business, or structure that is not permitted by
the zone district.
(4)
No billboard shall be affixed to any building or mounted on
any roof.
(5)
All parts of the billboard, including any support post or sign
face, shall be set back not less than 20 feet from the right-of-way
line of N.J.S.H. 9 and from any lot line.
(6)
Not more than one billboard shall be permitted on the lot.
(7)
Billboards shall not be permitted on any lot where any other
ground sign with an area of 50 square feet or greater has been constructed
or approved.
(8)
No portion of any billboard shall be located within 300 feet
of any residential zone or residential use.
(9)
The distance allowed from any billboard to any other billboard,
or to any ground sign with an area of 80 square feet or more shall
not be less than 500 feet as measured along the nearest edge of N.J.S.H.
9 between points directly opposite the edge of the billboard nearest
the right-of-way of N.J.S.H. 9. The point of measurement for back-to-back
signs shall be the midpoint between the nearest edge of the back-to-back
sign faces.
(10)
No light-emitting diode (LED) billboards, video billboards,
or animated or moving billboards shall be permitted.
(11)
The sign face of the billboard shall not exceed 240 square feet.
(12)
No billboard shall exceed a height of 22 feet.
(13)
Any lighting illuminating the billboard shall be directed onto
the advertising surface of the billboard and shall be adequately shielded
to prevent visual impairment of motorists.
(14)
The billboard shall be in compliance with the Roadway Signs
Control and Outdoor Advertising Act (N.J.S.A. 27:1A-5, 27-1A6, 27:5-5
et seq).
(15)
The billboard sign shall not be erected unless approved by the
New Jersey Department of Transportation, and a license shall be secured
for an off-premises billboard sign at the specific location being
sought for approval as a conditional use.
(16)
No billboard shall have more than two sign faces. The sign faces
shall be back-to-back and shall be parallel to each other. No angle
shall be permitted between the sign faces.
(17)
Any billboard that was a lawful preexisting nonconforming use
as of January 1, 2009, and that occupies a location on a lot that
fronts on N.J.S.H. 9, shall be deemed to be a permitted location for
the placement of a billboard under these conditional use provisions.
The billboard may be replaced at the location so occupied, irrespective
of the conditional use requirements regulating the spacing and setback
requirements for billboard placement.
[1]
Editor's Note: The schedule is included at the end of this chapter.
[Added 6-14-2023 by Ord. No. 2023-08]
Flex space as defined in this chapter may be permitted in specified
zones only upon receipt of a conditional use permit and provided that
the following standards are met, together with any other requirements
deemed necessary by the Planning Board and any other applicable requirements
of this chapter:
A.
No building containing flex space shall be larger than 75,000 square
feet in area.
B.
No single unit of flex space shall be larger than 60% of the building
area or exceed 45,000 square feet in building area.
C.
The building height of a flex space building shall not exceed 24
feet.
D.
All loading and unloading shall take place at loading docks to be
located at the rear of the building. No more than one loading dock
per 10,000 square feet of flex space shall be permitted.
E.
No flex space shall operate between the hours of 11:00 p.m. and 6:00
a.m., prevailing time.
F.
Facades of all structures facing public streets or which are located
within 500 feet of a residential zone shall be constructed of materials
which are of brick, decorative masonry, or a combination of materials
which will be compatible with the uses in the area.
G.
No storage shall be permitted out of doors. No temporary storage
units, storage pods or storage trailers shall be permitted. The overnight
parking of vehicles associated with a flex space use shall be permitted,
provided that such parking is identified on an approved site plan.
H.
Trash receptacles and dumpsters shall be screened from public streets
and adjacent residential uses utilizing masonry material similar to
the facade of the building. Screening walls shall be a masonry material
that is compatible in character with the building material facade.
The purpose of these provisions is to provide
direction regarding the administration and application of development
requirements and restrictions within the Township's zone districts.
Deviation from the standards of this article will only be permitted
when a variance is granted pursuant to N.J.S.A. 40:55D-70.
Any restrictions or requirements with respect
to buildings or land, which appear in other ordinances of the Township
or are established by law and which are greater than those set forth
herein, shall take precedence over the provisions of this chapter.
A.
Except as otherwise provided in this chapter the lawful
use of the land or a building existing at the date of the adoption
of this chapter may be continued although such use or building does
not conform to the regulations specified by this chapter for the zone
in which such land or building is located; provided, however, that:
B.
Abandonment of nonconforming use.
(1)
A nonconforming use shall be deemed to be abandoned
where there is an intention to abandon as well as an external act
(or omission to act) by which such intention is carried into effect.
(2)
It shall be prima facie evidence that a nonconforming
use has been abandoned when there occurs a cessation of such use on
the part of a tenant or owner for a continuous period of at least
one year.
(3)
When a nonconforming use has been abandoned, such
use shall not thereafter be reinstated and any structure shall not
thereafter be reoccupied, except in conformance with this chapter.
C.
Restoration of a nonconforming structure.
(1)
If any nonconforming structure shall be more than
partially destroyed, then the structure may not be rebuilt, restored
or repaired, except in conformity with this chapter.
(2)
Destruction to the extent that rebuilding, repair
or restoration requires removal or demolition of any remaining portions
of the damaged part of the structure such that the only major components
of the original structure utilized in such building, repair or restoration
are the foundation or exterior walls shall be prima facie evidence
that the structure has been more than partially destroyed.
(3)
Nothing in this chapter shall prevent the strengthening
or restoring of any portion of a structure which has been declared
unsafe by the Construction Official.
D.
Certification of preexisting nonconforming uses, buildings and structures. Upon application, the Administrative Officer (Zoning Officer) or the Board of Adjustment may issue a certificate in accordance with § 95-3.4D(3), certifying the legality of a preexisting nonconforming use, building, or structure.
E.
Alterations and additions.
(1)
Alterations, as applied to a nonconforming building
or structure, shall include only a change or rearrangement of interior
partitions, the structural supports or a change in exterior appearance.
(2)
A nonconforming building or structure may be altered,
provided that the cost of alterations does not exceed, in the aggregate,
50% of the assessed value of the structure as recorded in the records
of the Tax Assessor. More substantial alterations are not permitted
unless the building or structure is changed to conform to the requirements
of this chapter.
(3)
A one story single family home may be enlarged by the addition of
a second story, providing that the second story is constructed within
the same footprint as the existing one story structure.
[Added 12-19-2013 by Ord. No. 2013-11]
F.
Nonconforming lots and structures.
(1)
A nonconforming lot may not be used for any purpose
unless:
(a)
The proposed use and all existing uses is/are
permitted principal or accessory use(s).
(b)
The lot conforms to the minimum lot area requirements
of this chapter.
(c)
Other than minimum lot area, the lot conformed
to the zoning standards in effect immediately prior to the adoption
of this chapter.
(2)
A nonconforming building or structure may not be enlarged,
extended, increased in height, width or depth; moved or relocated;
or modified in such a way so as to increase habitable or usable space,
number of dwelling units or number of bedrooms, unless it is changed
to conform to the requirements of this chapter except that an existing
use (principal or accessory) may be enlarged, extended or added to,
provided that:
(a)
The proposed use and all existing use(s) is/are
permitted principal or accessory use(s).
(b)
The enlargement, extension or addition conforms
to all requirements of this chapter and will not result in the creation
of any nonconformity related to the lot and the aggregate of all structures
or building.
(3)
Principal or accessory buildings or structures may
not be constructed on nonconforming lots and/or on lots which contain
a nonconforming principal building or structure unless:
(a)
Existing and proposed buildings or structures
will be used for a permitted principal or accessory use.
(b)
The lot conforms to the minimum lot area requirements
of this chapter.
(c)
Other than lot area, the lot conforms to the
zoning standards in effect immediately prior to the adoption of this
chapter.
(d)
The new structure or building conforms to all
requirements of this chapter and will not result in the creation of
any nonconformity related to the lot and the aggregate of all buildings
or structures.
G.
Prior approved construction. Nothing herein contained
shall require any change in plans, construction or designated use
of a building for which a building permit has been heretofore issued
and the construction of which shall have been diligently prosecuted
within three months of the date of such permit, and the ground-story
framework of which, including the second tier of beams, shall have
been completed within six months of the date of the permit, and which
entire building shall be completed according to such plans as filed
within one year from the date of the adoption of this chapter.
H.
District changes. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
district of a different classification, the provisions of this chapter
shall also apply to any nonconforming uses existing therein or created
thereby.
A.
On all corner lots, the depth of all yards abutting
streets shall not be less than the minimum front yard depth required,
except where the yard abuts an existing or proposed state or county
road or a collector or subcollector street as identified in the Township
Master Plan, not less than 75 feet shall be required unless otherwise
approved by the Planning Board or Zoning Board of Adjustment.
B.
Lot lines of corner lots.
(1)
The front lot line of a corner lot shall be that line
along the street or road which is most nearly parallel to the part
of the building where the main entrance is located, provided that
where this cannot be determined, the municipal agency can choose to
designate the front line as the line running along the street named
in the property's postal address, where applicable.
(2)
The rear lot line of a corner lot shall be the lot
line most distance and generally opposite (parallel to) the front
lot line.
(3)
The side lot line of a corner lot shall be any lot
line other than a front or rear lot line.
C.
Each street frontage of a corner lot shall conform
to the minimum required frontage for a corner lot in the applicable
zone district as specified in Exhibits 5-1 and 5-2, Schedule of Area,
Yard and Building Requirements.[1]
[1]
Editor's Note: The schedules are included as attachments to this chapter.
Unless more stringent regulations are provided
by other provisions of this chapter or by the NJDOT or Monmouth County
Planning Board, at the intersection of two or more streets, no hedge,
fence, screening strip or wall higher than 36 inches above curb level,
nor any obstruction to vision, other than a post not exceeding one
foot in diameter, shall be permitted on any lot within the triangular
area formed by two intersecting street lines bounding the lot, or
the projection of such lines, and by a line connecting a point, on
each line located as indicated on Exhibit 9-8, Sight Triangles,[1] of Article IX. All trees within the sight triangle shall
be trimmed to provide an unobstructed view of seven feet above grade.
[1]
Editor's Note: Exhibit 9-8 is included as an attachment to this chapter.
Every principal building, other than townhouses,
patio homes, or garden apartments, shall be built upon a lot with
frontage upon a public street improved to meet the municipal requirements
or for which such improvement has been guaranteed by the posting of
a performance guarantee pursuant to this chapter unless relief has
been granted under the provisions of N.J.S.A. 40:55D-36.
A.
No yard or other open space provided around 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
buildings, and no yard or other open space on one lot shall be considered
as providing a yard or open space for a building on any other lot.
B.
All yards facing on a public street shall be considered
front yards and shall conform to the minimum front yard requirements
for the zone in which located except lots with frontage on more than
one street, which are not corner lots, may have a front and rear yard
designated by the owner subject to:
(1)
If the lot contains a principal structure, the front
will be considered the direction the principal structure faces.
(2)
If the lot does not contain a principal structure
and only one street frontage conforms to lot frontage requirements,
the yard abutting the conforming street frontage will be considered
the front yard.
C.
Every part of a required yard shall be open and unobstructed
from its lowest level to the sky, except for the ordinary projections
allowed by the State Uniform Construction Code including, but not
limited to, sills, belt courses, chimneys, flues, buttresses, ornamental
features, and eaves; provided, however, that none of the aforesaid
projections shall project into the minimum required yards more than
36 inches, unless otherwise permitted by this chapter.
D.
The requirements for yard areas shall not apply to
any retaining wall, steps or any other fence or wall which is less
than three feet high.
[Amended by Ord. No. 95-14]
Unless otherwise specified in this chapter on
the zone district schedule, accessory buildings and structures shall
conform to the following regulations as to their locations on the
lot:
A.
Location of accessory buildings.
(1)
An accessory building attached to a principal building
shall comply in all respects with the zoning requirements for the
principal building.
(2)
Detached accessory buildings shall not be located
in a front yard.
(3)
Detached accessory buildings shall comply with the Schedule of Zoning
District Standards,[1] except that one storage shed of a maximum size of 12 feet
by 18 feet by 10 feet shall be permitted on a residential property.
Storage sheds less than 10 feet high with a floor area of less than
100 square feet may be located not less than five feet from any side
or rear lot line on a residential property.
[Amended 12-19-2013 by Ord. No. 2013-11]
[1]
Editor's Note: The schedule is included as an attachment to this chapter.
B.
No detached accessory building, in any residential
zone, shall be less than five feet from a principal building.
C.
No accessory building shall be constructed before
the principal building.
D.
Accessory buildings must be located on the same lot
as the principal use to which they are accessory.
E.
Within any residential zone district, an entry driveway,
or a walkway may cross any yard area except that no driveway shall
be within 10 feet of a side yard line or within 15 feet of a rear
yard line. Within a nonresidential zone district, entry driveways
and walkways may cross any yard area; however, other than crossing
yards, driveways shall adhere to the yard requirements for accessory
structures or as otherwise specified by the zone district regulations.
Walkways in a nonresidential zone may be located in a yard area but
they shall not encroach into any required buffer.
F.
A porch, deck, patio, or similar structure designed
to adjoin or as part of the principal building shall in all cases
conform to the yard requirements for the principal building except
where the structure has no roof and is constructed not more than six
inches above grade, it shall adhere to the yard requirements for an
accessory structure.
G.
The aggregate ground area covered by detached accessory
buildings in the rear yard area shall not exceed 20% of the required
rear yard area within any zone.
H.
On any through lots (any lot running from one street
to another), no accessory building erected in the rear yard shall
be nearer the street line than the minimum distance specified for
a front yard setback on that part of the street which the yard abuts.
I.
On residential properties, a generator that produces electricity with a muffler shall be permitted as an accessory structure within a required side yard or within a required front yard on a corner lot. The operation of such a generator shall be subject to the regulations contained in § 155-7B of the Township Code.
[Amended by Ord. No. 97-13]
Ornamental landscape structures are permitted
as accessory structures to a principal use. In conjunction with a
nonresidential use or a multifamily use, ornamental landscape structures
shall be placed only in accordance with the approved site plan. In
conjunction with a single-family dwelling or a two-family dwelling,
ornamental landscape structures are permitted subject to the following
requirements:
A.
Ornamental landscape structures may be located in
the minimum required front yard area specified for the zone, provided
that such structures do not exceed three feet in height, except as
indicated herein for lampposts.
B.
Ornamental landscape structures not exceeding six
feet in height may be located outside of the front yard area but no
closer than five feet to a side or rear property line.
C.
Ornamental landscape structures exceeding six feet
in height shall adhere to the minimum yard requirements and the maximum
height requirements for accessory structures.
D.
A lamppost and its luminaire may be erected to a maximum
height of eight feet in the front yard area of a single-family dwelling
or a two-family dwelling. If such a lamppost is located within eight
feet of the intersection of the driveway line and the street line,
then the lamppost and luminaire shall not have a horizontal cross
section of more than four inches wide measured between three feet
and six feet above the ground level. If the lamppost is mounted on
stanchion which is located within eight feet of the intersection of
the driveway and street line, the stanchion shall not exceed a height
of three feet.
E.
Exterior lighting shall conform to the applicable performance standards of § 95-7.21C(11), Glare, and § 95-7.21C(12), Lighting and illumination.
F.
The total lot coverage for all ornamental landscape
structures on a lot shall not exceed 2% of the total lot area.
G.
Entry posts or stanchions constructed on either side
of a driveway entrance to a street may be constructed with a wing
wall extension. The wing wall and stanchion(s) on any one side of
the driveway shall not exceed a length of 15 feet and shall be located
wholly within the lot lines of the property. When located within a
front yard, the wall height shall not exceed three feet.
The provisions of this chapter shall not apply
to customary underground essential services as herein defined, except
that all facilities such as pumping stations, repeater stations and
electric substations, which require a building above ground, or any
other aboveground appurtenance of any type more than 40 feet high,
shall require approval as a conditional use subject to the provisions
of this chapter.
Where two or more lots, created by the filing
of a map pursuant to the Map Filing Law prior to establishment of
the Planning Board, have any contiguous lines and are in single ownership
and one or more of the lots is nonconforming in any aspect, the lots
involved shall be considered to be an undivided parcel for the purposes
of this chapter and no portion of the parcel shall be conveyed or
divided except through the filing of an approved subdivision in accordance
with the provisions of this chapter.
No structure shall extend higher than the limit
provided in each zone for building height. The height limitations
of the chapter shall not apply to silos, church spires, belfries,
cupolas and domes not used for human occupancy nor to chimneys, ventilators,
skylights, water tanks and similar features. Such features, however,
shall be erected only to such height as is necessary to accomplish
the purpose they are to serve.
A.
Solid wastes and recyclables from single- and two-family
homes, if stored outdoors, shall be placed in metal or plastic receptacles
with tight-fitting covers.
B.
Such receptacles shall not be stored or placed within
any front yard area prior to the time at which materials are permitted
to be placed at the curblines for collection. Such receptacles may
be stored in either rear or side yard areas, but if stored within
a side yard area, they shall be screened from view of adjoining properties
and street areas with continuous planting or solid fencing.
[Amended 8-8-2007 by Ord. No. 07-15]
A.
No nonresidential use shall store materials of any
kind outdoors in any district except in connection with the construction
of a structure to be erected on the premises unless specifically permitted
in conjunction with an approved site plan or permitted elsewhere in
this chapter.
B.
Portable on-demand storage structures and dumpsters may be utilized
as a temporary structures within the Township when in compliance with
the standards of this section. The term "portable on-demand storage
structures" shall be defined to be any container, storage unit, shedlike
container or other portable structure that can be or is used for the
storage of personal property of any kind and which is located for
such purposes outside an enclosed building, other than an accessory
building or shed complying with all building codes and land use requirements.
The term "dumpster" means any metal receptacle designed to hold trash,
debris or construction waste.
[Amended 12-19-2013 by Ord. No. 2013-11]
(1)
Use of a portable on-demand storage structure or a dumpster
shall only be permitted where a permit has been issued by the Zoning
Officer.
(a)
Applications for the permitted use of portable on-demand storage
structures may be obtained from the Zoning Officer, and the application
shall be submitted with a sketch showing the location of the storage
structure or dumpster on the site and detailing the distance of the
storage structure or dumpster from buildings, fire hydrants, Fire
Department connections and/or utilities.
(b)
All portable on-demand storage units and dumpsters shall be
placed in driveways unless otherwise approved by the Zoning Officer.
(c)
An application fee of $20 shall accompany the form requesting
such permission. Failure to obtain permission for placement of such
temporary storage structure or dumpster shall result in the issuance
of an after-the-fact permit with a fee set at 10 times the amount
of a permit issued prior to erection of such structure or placement
of such dumpster $200.
(2)
Length of time structures or dumpsters may be on property.
(a)
A portable on-demand storage structure may be located as a temporary
structure on a property within the Township for a period not exceeding
90 days in duration from time of delivery to time of removal.
(b)
A dumpster may be located as a temporary structure on a property
within the Township for a period not exceeding 90 days in duration
from time of delivery to time of removal; provided, however, that
the Township's Zoning Officer may grant an extension of an additional
90 days in duration for a dumpster, provided that a valid construction
permit has been issued for the property and actual construction is
ongoing.
(3)
No more than a total of two portable on-demand storage structures
or dumpsters may be located on a specific piece of property within
the Township at one time; such structures or dumpsters shall be individually
limited to the duration time period established herein.
(4)
No portable on-demand storage structure or dumpster located
within the Township shall contain toxic or hazardous materials.
[Amended by Ord. No. 99-10]
B.
Business uses shall not permanently display goods
for sale, including motor vehicles, outdoors except where the goods
displayed are the merchandise of a business included within a structure
located on the site and the display is in accordance with a site plan
approved by the municipal agency.
C.
Temporary sales and outdoor display of goods may be
permitted where the goods displayed are the merchandise of a business
included within a structure located on the site. No business shall
hold more than five such sales per year nor shall any one sale exceed
one week in duration.
D.
Uses such as flea markets where two or more concessionaires,
proprietors or businesses display goods out of doors shall not be
permitted in any zoning district within the Township except temporary
sales operated by nonprofit or charitable groups may be permitted
where the goods displayed are on a site which is already developed
as a principal use of the nonprofit group. No nonprofit group shall
hold more than two such sales per year nor shall any one sale exceed
four days in duration.
E.
Goods for sale, displayed or stored outdoors, in accordance
with an approved site plan, shall not be located closer than 25 feet
to any street right-of-way or 15 feet to any side or rear line, except
in conjunction with temporary sidewalk or other types of outdoor sales,
provided that a clear pathway of at least four feet is maintained
at all times on the sidewalk.
F.
Temporary sales of Christmas trees may be permitted
beginning the day after Thanksgiving in November through the month
of December in business zones and on developed sites occupied by nonprofit
or charitable groups. Such sales shall be in accordance with a permit
issued by the Zoning Officer. No permit shall be issued unless adequate
off-street stopping space or maneuvering space for vehicles of customers
can be provided and it can be demonstrated that the temporary use
will not interfere with other uses on the site. Each such use shall
be permitted to have one freestanding sign, no larger than 12 square
feet in area, no closer to any property line than 10 feet, and not
exceeding eight feet in height. Such signs shall be temporary and
shall be removed from the property on which the sales are being conducted
no later than December 31.
G.
Peddlers, canvassers, or itinerant vendors who are subject to the license requirements of Chapter 169 of the Township Code shall operate in accordance with the terms of the license issued by Manalapan Township. No peddler, canvasser, or itinerant vendor shall conduct business from a stationary position for any extended period of time in a residential or nonresidential zone except as permitted pursuant to Subsection D above in conjunction with the temporary sales operated by nonprofit or charitable groups on sites which are already developed as the principal use of the nonprofit group. No peddler, canvasser, or itinerant vendor shall operate from a stationary position for any extended period of time in a nonresidential zone except that the Manalapan Township Committee may approve a license for a peddler or vendor to operate at a stationary position in the LI Light Industrial Zone District or the LB-W Limited Business Wilson Avenue Zone District. Approval to operate from a stationary position in the LB-W Zone or the LI Zone shall be at the discretion of the Township Committee and a license issued by the Township may limit the hours of operation, placement, duration of stay, signage, equipment, or any other aspect of the business operation in order to ensure that the presence of the operation does not present a public hazard, danger or inconvenience, contribute to pedestrian or vehicular congestion, or constitute a public nuisance.
A.
Within any residential district, no building with
an existing nonconforming home professional office or home occupation
shall be constructed or altered so as to be inharmonious to the residential
character of adjacent structures.
B.
The types of construction not considered to be residential
in character include, but are not limited to, store front type of
construction, garage doors (larger than needed for passenger vehicles
or light commercial vehicles), unfinished concrete blocks or cinder
block wall surfaces, metal panels, elimination of porches and wall
surfaces without doors and/or windows.
A.
Boats or parts, section, pieces or appurtenances of
boats shall not be placed or stored on any lot situated in a residential
zone, except:
(1)
Not more than one boat, not longer than 26 feet,
may be placed or stored on any driveway on any residential lot.
(2)
Any boat placed or stored on a lot must be the
property of the resident owner or resident tenant of the lot.
(3)
No boats shall be placed or stored within public
rights-of-way or cartways.
B.
Boats or parts, sections, pieces or appurtenances of boats may not be placed or stored on any lot situated in any commercial, industrial or office zone district except in accordance with a site plan approved by the municipal agency or, for lots occupied by only residential uses, in accordance with Subsection A above.
C.
Recreation vehicles or parts, sections, pieces or
appurtenances of recreational vehicles shall not be parked overnight,
stored or placed on any lot situated in a residential zone, except
not more than one recreational vehicle may be parked overnight, stored
or placed on any driveway in a residential zone.
D.
Recreation vehicles or parts, sections, pieces or appurtenances of recreational vehicles may not be parked overnight, stored or placed on any lot in the commercial, industrial or office zone districts except in accordance with a site plan approved by the municipal agency or, for lots occupied by only residential uses in accordance with Subsection C above.
E.
Recreation vehicles shall not be stored in public
rights-of-way or cartways.
No commercial motor vehicle having a rated maximum
gross vehicle weight (GVW) in excess of one ton shall be parked or
stored overnight on any occupied property which is primarily used
for residential purposes or on any vacant property in a residentially
zoned area, except for vehicles engaged in construction, parked or
stored on an active construction site.
No building, structure or use shall be permitted
within areas defined as wetlands or wetlands transition areas by the
New Jersey Wetlands Act of 1970 or the New Jersey Freshwater Wetlands
Protection Act of 1987 except in accordance with a permit issued under
the Act.
[Amended by Ord. No. 97-19]
A.
Purpose.
(1)
The purpose of these regulations for the siting
of wireless telecommunications towers and antennas is to:
(a)
Protect residential areas and land uses from
potential adverse impacts of towers and antennas;
(b)
Encourage the location of towers in appropriate
locations;
(c)
Minimize the total number of towers throughout
the community;
(d)
Strongly encourage the joint use of tower sites
as a primary option rather than construction of additional single-use
towers;
(e)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal;
(f)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening,
and innovative camouflaging techniques;
(g)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively,
and efficiently;
(h)
Consider the public health and safety of communication
towers; and
(i)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
(2)
In furtherance of these goals, Manalapan 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. See Chapter 64, Antennas, of the Code of the Township of Manalapan for regulations pertaining to other types of antennas.
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 Manalapan
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
nonmunicipal property in the zones specified on the Schedule of Permitted
Uses upon submission and approval of a site plan and 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, lot
coverage requirements, and other such 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 an inventory of its existing towers, antennas,
or sites approved for towers or antennas, that are either within the
jurisdiction of Manalapan 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 within the jurisdiction
of Manalapan 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. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this section shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
(g)
Building codes; 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 or local building codes 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 Manalapan 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 Manalapan 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 Subsection D(1)(s) of this section in addition to any notice otherwise required by this chapter.
(k)
Signs. No 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 Subsection D(2) of this section.
(m)
Multiple antenna/tower plan. Manalapan 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)
(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 Subsection D(1)(s), 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 Subsection D(1)(s) 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.
[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 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
(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 minimum
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 Subsection [b] below, except as otherwise
provided.
[b]
Towers shall maintain a separation
distance of 200 feet or 300% of the tower height, whichever is greater
from the lot line of a residential dwelling unit or from the boundary
of 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 preexisting 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.
|
Table of Required Separation
Distances Between Towers
| |||||
|---|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 75 ft. in Height or Greater
|
Monopole Less Than 75 ft. 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 not less than six feet in height and shall also be
equipped with an appropriate anticlimbing 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 land
forms 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 structures 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 Manalapan notifying the owner of such abandonment.
Failure to remove an 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)
Preexisting towers. Preexisting towers shall
be allowed to continue their usage as they presently exist. Routine
maintenance is permitted on such preexisting towers. New construction
other than routine maintenance on a preexisting tower shall comply
with the requirements of this section.
A.
As a condition of approval and the continuance of
any use, occupancy of any structure, and operation of any process
or equipment, the applicant shall supply evidence, satisfactory to
the municipal agency, or to its designated representative, that the
proposed use, structure, process, or equipment will conform fully
with all of the applicable performance standards.
(1)
As evidence of compliance, the municipal agency
may require certification of tests by appropriate government agencies
or by recognized testing laboratories, any costs thereof to be borne
by the applicant.
(2)
The municipal agency may require that specific
types of equipment, machinery, or devices be installed, or that specific
operating procedures or methods be followed if the government agencies
or testing laboratories examining the proposed operation, shall determine
that the use of such specific types of machinery, equipment, devices,
procedures or methods are required in order to assure compliance with
the applicable performance standards.
(3)
Permits and certificates required by other government
agencies shall be submitted to the municipal agency as proof of compliance
with applicable codes.
(4)
If appropriate permits, tests and certifications
are not or cannot be provided by the applicant, then the municipal
agency or Administrative Officer (Zoning Officer) may require that
instruments and/or other devices, or professional reports or laboratory
analysis be used to determine compliance with the following performance
standards for an existing or proposed use and the cost thereof shall
be borne by the owner, applicant, or specific use in question.
(5)
Conditional permit.
(a)
In the event a determination cannot be made
at the time of application that a proposed use, process or piece of
equipment will meet the standards established in this section, the
municipal agency may issue or may recommend issuance of a conditional
permit. The conditional permit would be based on submission of evidence
that the proposed use, process or equipment will meet the standards
established herein after completion or installation and operation.
(b)
Within 30 days days after a conditional permit
is granted, a certificate of occupancy shall be applied for and satisfactory
evidence shall be submitted that all standards established by this
section have been met.
B.
Applicability and enforcement of performance standards.
(1)
Applicability:
(a)
Prior to construction and operation. Any application
for a development or building permit for a use which shall be subject
to performance standards shall be accompanied by submissions, attachments,
certifications as required by this section, and a sworn statement
filed by the owner of the subject property or the operator of the
proposed use that said use will be operated in accordance with the
performance standards set forth herein.
(b)
For existing structures. Any existing structure
or use which is, after the effective date of this chapter, allowed
to deteriorate or is modified so as to reduce its compliance with
these standards will be deemed to be in noncompliance and to constitute
a violation.
(2)
Continued compliance. Continued compliance with
performance standards is required and shall be enforced by the Construction
Official or Administrative Officer (Zoning Officer).
(3)
Termination of violation. All violation shall
be terminated within 30 days of notice or shall be deemed a separate
violation for each day following and subject to fines as set forth
herein.
(4)
Violation inspection. Whenever, in the opinion
of the Construction Official or Administrative Officer (Zoning Officer),
there is a reasonable probability that any use or occupancy violates
the regulations of this section, they are hereby empowered to employ
a qualified technician or technicians to perform investigations, measurements
and analyses to determine whether or not the regulations of this section
are being violated. In the event that a violation is found to exist,
the violator shall be liable for the reasonable fees of the technicians
employed to perform such investigations, measurements, and analyses.
C.
Performance standards established.
(1)
Air pollution. No substance shall be emitted
into the atmosphere in quantities, which are injurious to human, plant
or animal life or to property, or which will interfere unreasonably
with the comfortable enjoyment of life and property anywhere in the
municipality. All provisions of the New Jersey Air Pollution Control
Code, as amended and as augmented and all the following provisions
stated, whichever shall be more stringent, shall be complied with.
(a)
Smoke. In any zone, no smoke, the shade or appearance
of which is darker than No. 1 of the Ringelmann Smoke Chart, shall
be emitted into the open air from any incinerator or fuel burning
equipment; provided, however, that smoke emitted during the cleaning
of a fire box or the building of a new fire, the shade or appearance
of which is no darker than No. 2 of the Ringelmann Smoke Chart, may
be permitted for a period or periods aggregating no more than three
minutes in any 30 consecutive minutes.
(b)
Solid particles.
[1]
In any residential zone, no discharge of solid
particles through a stack, duct or vent shall be permitted that is
greater than 50% of the allowable emission in pounds per hour established
by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
[2]
In any other zone, except industrial zones,
the allowable discharge shall be 75% of the allowable emission permitted
by the New Jersey Air Pollution Control Code.
[3]
In the industrial zone, the allowable discharge
shall be the allowable emission permitted by the New Jersey Air Pollution
Control Code.
[4]
No open burning shall be permitted in any zone.
[5]
All incinerators shall be approved by the State
Department of Environmental Protection.
[6]
Any road, parking area, driveway, truck loading
or unloading station, or any other exterior area having a substantial
movement of vehicles or equipment shall be paved or otherwise stabilized
during construction sufficient to prevent the generation of dust from
the movement of such vehicles or equipment.
(c)
Odors. In any zone, no odorous material may
be emitted into the atmosphere in quantities sufficient to be detected
without instruments. Any process, which may involve the creation or
emission of any odors, shall be provided with a secondary safeguard
system, so that control will be maintained. Table 1 (Odor Thresholds
in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of
"Research on Chemical Odors," copyrighted October 1968, by the Manufacturing
Chemists Association, Inc., Washington, D.C., shall be used as a guide
in determining quantities of offensive odors.
(2)
Liquid waste. No liquid waste shall be discharged
into any water course, storm drain or sewage collection and disposal
system, nor into any ground sump, any well or percolation area, except
in accordance with plans approved by the Municipal Engineer, Health
Officer, Western Monmouth Utilities Authority and where required by
the New Jersey Department of Environmental Protection.
(3)
Industrial waste. No industrial waste shall
be discharged into the public sewage collection and disposal system
unless the appropriate officials of the Western Monmouth Utilities
Authority shall have first investigated the character and volume of
such waste and shall have certified that it will accept the discharge
of the waste material into the system. The applicant shall comply
with any requirements of the utility, including the pretreating of
such wastes, control of pH and other methods of improving such wastes
prior to discharge, as a condition to acceptance by the utility.
(4)
Solid waste. All uses in the municipality shall:
(a)
Assume full responsibility for adequate and
regular collection and removal of all refuse, except if the municipality
assumes the responsibility.
(b)
Comply with all applicable provisions of the
Air Pollution Control Code.
(c)
Comply with all provisions of the State Sanitary
Code, Chapter 8, "Refuse Disposal," Public Health Council of the State
Department of Environmental Protection.
(d)
Permit no accumulation on the property of any
solid waste, junk, or other objectionable materials.
(e)
Not engage in any sanitary landfill operation
on the property, except as may be permitted by other municipal codes
and ordinances, and as licensed by the NJDEP.
(5)
Radiation. All use of materials, equipment or
facilities, which are or may be sources of radiation, shall comply
with all controls, standards and requirements of the United States
Atomic Energy Act of 1965, as amended and any codes, rules or regulations
promulgated under such Act, as well as the New Jersey Radiation Protection
Law, N.J.S.A. 26:2D-1 et seq., as amended, whichever is more stringent.
(7)
Vibration. There shall be no vibration which
shall be discernible to the human sense of feeling beyond the boundaries
of the lot on which the source is located. At no point on or beyond
the boundary of any lot shall the maximum ground transmitted steady
state or impact vibration caused by any use or activity (except those
not directly under the control of the property user) exceed a particle
velocity of 0.10 inches per second for impact vibrations. Particle
velocity is to be determined by the formula PV = 6.28 F x D where
PV is the particle velocity, inches per second; F is the vibration
frequency, cycles per second; D is the maximum single amplitude displacement
of the vibration in inches. For the purpose of measuring vibrations,
a three-component measuring system shall be used. For the purpose
of this chapter, steady-state vibrations are vibrations which are
continuous, or vibrations in discrete impulses more frequent than
100 per minute. Discrete impulses which do not exceed 100 per minute
shall be considered impact vibrations.
(8)
Electromagnetic interference. There shall be
no electromagnetic interference that:
(a)
Adversely affects at any point the operation
of any equipment or its reception of transmitted signals intended
for receipt by the equipment other than that belonging to the creator
of such interference; or that
(b)
Is not in conformance with the regulations of
the Federal Communication Commission.
(9)
Heat. Every use and activity shall be so operated
that it does not raise the ambient temperature more than 2° C.
at or beyond the boundary of any lot line.
(10)
Fire-resistant construction. All new construction
and additions shall be fire-resistant construction in accordance with
the requirements of the State Uniform Construction Code.
(11)
Glare. There shall be no direct or sky-reflected
glare exceeding 1 1/2 footcandles measured at the boundaries
of the lot on which the source is located. This regulation shall not
apply to lights which are used solely for the illumination of entrances
or exits or driveways leading to a parking lot. Any operation or activity
producing intense glare shall be conducted so that direct and indirect
illumination from the source of light shall not cause illumination
in excess of 0.1 footcandle in residential districts at the property
line of the property generating the glare.
(12)
Lighting and illumination. Artificial lighting
or illumination provided on any property or by any use shall adhere
to the following standards:
(a)
The illumination provided by artificial lighting
on the property shall not exceed 0.5 footcandles beyond any property
line. Rear cutoff shields, internal or external, shall be used where
necessary to reduce spillover onto adjoining properties.
(b)
Spotlights or other types of artificial lighting,
that provides a concentrated beam of light, shall be so directed that
the beam of light does not extend beyond any property lines.
(c)
Spotlights or other types of artificial lighting
used to illuminate signs or building faces shall not emit beams of
light that extend beyond the vertical plane of the sign or building
face that they illuminate and shall not be located in such a manner
as to cause the beams of light to be reflected upon any adjoining
property, public street or vehicular circulation area.
(13)
Toxic gases or fumes. No toxic or corrosive
gases, vapors or fumes shall be emitted into the atmosphere.
(14)
No noise at a receiving property line shall
exceed the limits specified by N.J.A.C. 7:29, Noise Control.
A.
It is the intent of this section to assure that the
public health, safety, and welfare is not impaired by the neglected
maintenance of the buildings and property. It is further intended
to assure that site improvements required by a municipal agency are
properly maintained and operable. It shall be the Zoning Officer's
responsibility to enforce this section where property conditions pose
a hazard to the public or where a property owner fails to maintain
a required site improvement.
B.
It shall be the responsibility of every property owner,
tenant, developer and applicant to maintain in a safe and orderly
condition, all buildings and land in the municipality which they own,
use, occupy or have maintenance responsibility for in accordance with
the following regulations:
(1)
Maintenance of all land uses within the municipality
shall include, but is not limited to, the following:
(a)
Potholes and other pavement failures within
paved parking areas shall be repaired on a regular basis, but in no
event shall potholes or pavement failures be left unrepaired for a
period in excess of 30 days. If such potholes or pavement failures
are hazardous to vehicles, they shall be appropriately barricaded
and marked to warn motorists.
(b)
Paint striping, traffic control signs and markings,
and all other signs and graphics shall be maintained in a condition
whereby they can be clearly seen and are legible.
(c)
Curbing, other pavement edging and sidewalks
shall be maintained free of cracks and holes which would present a
hazard to pedestrians.
(d)
Unpaved or gravel parking and pedestrian areas
shall be maintained and regularly regraded in a manner which will
keep the area free of holes and other severe grade changes which would
be hazardous to vehicular and pedestrian usage.
(e)
All areas of the site shall be kept free of
debris and other materials. All users of shopping carts or similar
items shall provide for the regular pickup of such shopping carts
or similar items from parking areas and other portions of the site
at least once every hour during their business hours. All shopping
carts or similar items shall either be stored indoors or in a location
adjacent to the building specifically set aside for such storage during
nonbusiness hours.
(f)
All plantings and ground cover shall be regularly
watered and cut. All dead plant materials shall be removed or replaced
(if such plantings are required under this section, they shall be
replaced only). All lawn or other nonpaved areas shall be kept trimmed
and free from weeds and other noxious growth.
(g)
Building finishes shall be maintained reasonably
free of peeling or cracked paint, rust, graffiti, or other unsightly
conditions.
(h)
All refuse stored outdoors shall be kept within
containers having lids, in a manner that the refuse is not visible
to pedestrians or persons within vehicles on or off the site. Such
containers shall be stored only within side or rear yard areas and
shall not be located to interfere with vehicular or pedestrian circulation.
(i)
Appropriate areas shall be provided for the
storage of recyclable materials. These areas shall be expanded or
modified as necessary to meet the requirements of any change in occupancy.
Such areas shall be within the structure or in side or rear yards
and shall be properly screened. Provisions shall be made to store
paper, cardboard and similar items out of the weather. Such areas
shall be maintained in a clean, orderly and neat condition.
(j)
All outdoor lighting shall be maintained in
a working condition with properly sized replacement bulbs and lenses.
(2)
All land uses for which development (site plan
or subdivision) approval is granted subsequent to the adoption of
this chapter or for which site plan or subdivision approval was previously
granted under regulations heretofore in effect shall be required to
maintain all sight triangles, structures, and improvements, including
stormwater collection structures, piping, and stormwater management
facilities shown on the approved site plan or subdivision plan in
a safe and orderly condition. In addition to the maintenance responsibilities
specified above, additional maintenance responsibilities shall include,
but are not limited to, the following:
(a)
All ground cover and plantings within screening
and landscaping areas shown on an approved site plan or subdivision
shall be regularly maintained. When plant material shown on an approved
site plan or subdivision dies, it shall be replaced within the first
30 days of the next planting season.
(b)
Where a site plan specifies an outdoor refuse
storage area, refuse shall only be stored outdoors in such areas.
Refuse containers located elsewhere on the site shall not be permitted.
(3)
Failure of the responsible property owner, tenant,
developer and/or applicant to maintain property in accordance with
the provisions of this section shall in violation of this chapter
subject to the penalties prescribed in this chapter.
All signs shall conform to the provisions set
forth in Article VIII of this chapter and to the applicable requirements
of the New Jersey Uniform Construction Code.
Fences may be erected, altered or reconstructed
in accordance with the following regulations and in accordance with
the other provisions of this chapter:
A.
Fences shall not be erected, altered or reconstructed
where located within 25 feet of any street line.
B.
In nonresidential zones, fences shall not exceed 10
feet in height.
C.
In residential zones, fences shall not exceed three
feet in height in a front yard and shall not exceed six feet in height
in a rear yard or side yard.
D.
All fences must be erected within the property lines,
and no fence shall be erected so as to interfere with a public right-of-way.
No fence shall be erected over a public easement or right-of-way unless
the Township of Manalapan grants a revocable license for the erection
of that fence.
E.
Fences shall be erected with the finished side of
the fence facing out from the property on which the fence is being
erected. All poles, posts or supports shall be constructed on the
side of the fence facing towards the property on which the fence is
being erected.
F.
All fences shall be maintained in good condition.
Broken or cracked fences shall not be permitted. If a fence is painted,
it must be repainted by the property owner at least once every three
years.
G.
Fences shall not be permitted in a sight triangle.
H.
On park, recreation or school properties, open wire
fences not exceeding eight feet in height may be erected in the rear
or side yard areas and behind the building setback line.
I.
Barbed wire, razor wire, or other security wire, canvas
or cloth fence and fencing construction are prohibited in all zones.
No fence shall be erected which is embedded with or made of pieces
of glass, sharpened metal, or sharp or otherwise hazardous material,
nor constructed of any material or in any manner which may be dangerous
to persons or animals. No fence shall be electrically charged except
that low voltage electrically charged fences are permitted on farms
only, provided that they are setback at least 10 feet from any street
line and at least 10 feet from any abutting residential property that
is not a farm. All electrically charged fences shall be posted with
signs designed to warn persons of their presence and nature.
[Amended 12-5-2001 by Ord. No. 01-17]
J.
Tennis court fences, baseball and softball backstops
and spectator protective fencing are exempt from the requirements
of this section provided they are not located within any required
yard area. Located outside of any required yard area, they are subject
to the height limitations of the particular zone district.
K.
Fences which are painted shall be painted in only
one color, harmonious with the surrounding area. Multicolored fences
or fence slat inserts are prohibited.
L.
Fences shall be erected in a manner so as to permit
the flow of natural drainage and shall not cause surface water to
be blocked or dammed to create ponding.
M.
Open fences for the enclosure of pastures or corrals
for livestock may be erected within the front yard of farms. An open
fence is a fence in which 2/3 of the area between grade level and
the top cross member (wire, wood, or other material), is open. Farm
fencing in the front yard is subject to the following limitations:
[Added 12-5-2001 by Ord. No. 01-17]
(1)
Fence height shall not exceed five feet within
25 feet of any street line.
(2)
Fence height may be increased to six feet, provided
that the fence is setback more than 25 feet from any street line.
A.
Private detached garages for a dwelling may be designed for a maximum
of three vehicles and shall not exceed 35 feet in width by 24 feet
in depth by 15 feet in height.
[Amended 12-19-2013 by Ord. No. 2013-11]
(1)
A private detached garage may have a storage area occupying
a maximum floor area of 12 feet in width by 24 feet in depth. This
storage area shall not expand the floor area of the garage beyond
the maximum permitted 35 feet in width by 24 feet in depth.
[Added 12-12-2018 by Ord.
No. 2018-14]
(2)
No second level of storage shall be permitted.
[Added 12-12-2018 by Ord.
No. 2018-14]
B.
Except as provided by § 95-7.18, no trucks, tractor-trailers, tractors (for use in pulling trailers) or trailers shall be parked, stored or garaged in any residential zone, provided however, that these provisions shall not be construed to prevent the delivery by the use of such vehicles to premises in the residential zones of merchandise, furniture or construction materials to be used in construction upon the premises.
A.
Horses, horse stables and exercise areas shall be
permitted on lots of at least 80,000 square feet, subject to the following:
(1)
Not more than one horse per 40,000 square feet
of lot area on lots 20 acres or smaller shall be permitted.
(2)
The stables shall be at least 50 feet from any
lot line.
(3)
There shall be fencing with a minimum height
of four feet around all areas used for the keeping of horses.
[Amended 12-5-2001 by Ord. No. 01-17]
(4)
Provision of a manure storage area of sufficient
capacity for the maximum number of horses allowed on the property.
(5)
Stable height shall not exceed 35 feet or the
maximum height permitted by the zone district for a principal building,
whichever is greater.
[Amended 12-5-2001 by Ord. No. 01-17]
B.
Barns, stables, and equestrian riding arenas shall
be permitted on farms subject to the following:
[Added 12-5-2001 by Ord. No. 01-17]
Animal shelters for domestic pets, except on
farms, shall not exceed 10 square feet in area.
[Amended 12-19-2007 by Ord. No. 07-30]
No fill in excess of 20 cubic yards shall be placed on any property within the Township of Manalapan, nor shall any soil be removed from any property within the Township of Manalapan nor shall existing soil on any property be relocated on the same property in excess of 20 cubic yards without the prior approval of the Township. Approval of a site plan or subdivision showing such filling or removal or approval of grading plan by the Construction Official and/or the Planning Board or Township Engineer shall constitute such prior approval of the Township. All grading plans shall meet the requirements of § 98-8.3C, Conservation of natural topography. See Chapter 192, Soil Erosion and Sediment Control, and Chapter 195, Soil Removal, for details of permit application process.
No lighting of tennis courts or paddle tennis
courts shall be permitted in any residential zone district.
Prior to the moving and relocation of any building
from the existing foundation to a site within the Township of Manalapan,
the foundation at the proposed site shall have been completed and
located with the required setbacks of the zone. Work to secure the
relocated building on the new foundation shall be pursued immediately
and the building shall not be placed in any temporary location except
during the twenty-four-hour period when the work of moving is done.
No business, office or commercial activity which
invites or permits customer or public use, visitation or occupancy
shall operate between the hours of 11:00 p.m. and 6:00 a.m. except:
A.
No lot shall be so subdivided or reduced in area as
to cause any open space required by this chapter to be less in any
dimension than is required for the zone and lot in question.
B.
Where a lot is formed from part of another lot and
occupied by a building, such division shall be effected in such a
manner as to not impair any of the requirements of this chapter with
respect to the existing building or yards and open spaces in connection
therewith. No permit shall be issued for the erection of a new building
on a new lot thus created, unless it complies with all the provisions
of this chapter.
A.
Any access driveway to any use shall be deemed to
be accessory to such use. No driveway that is accessory to a business
or industrial use shall be established in any residential zone.
B.
All single-family detached residential dwellings shall
have a driveway connecting the lot to the street.
C.
Parking on approved driveway or extension connection.
(1)
No person shall park or store a motor vehicle
on private property in an approved major subdivision, and not in a
garage, other than an approved driveway or an extension connection
to the approved driveway.
(a)
The connected extension shall be surfaced with
a dustless, durable, all-weather surface, adequately drained, consisting
of a minimum of two inches which-type SM or FABC surface course or
three inches of processed stone, or an alternative material approved
by the Township Engineer, on a compacted subgrade.
(b)
No extension shall be within 10 feet of any
property line; and any illumination emanating from any such parking
area lighting shall be arranged so as to shield surrounding residential
properties from glare or indirect light.
(c)
If the extension and contiguous area provide
for parking for four or more motor vehicles, then the area shall be
attractively shrubbed on its entire periphery, with species and sizes
so as to obscure 75% of lights emanating from motor vehicle headlights,
the area shall not be within 15 feet of any residential property line.
(2)
The term "motor vehicle" shall include and be
limited to those vehicles as defined in Title 39 of the Revised Statutes
of New Jersey.
(3)
Nothing contained herein shall prevent or limit
the parking or storage of a motor vehicle in a public or private parking
facility or on a street in a residential zoning district, as may otherwise
be permitted pursuant to law.
(4)
The requirements for any such extended parking
area shall apply whether located in the front, side or rear areas
of the property.
A.
No structure shall be built within 50 feet of the
calculated one-hundred-year floodway.
B.
A minimum of two feet in elevation shall be required between the lowest floor elevation of a principal building and the seasonal high groundwater table as determined by § 95-8.3C(6).
[Amended 12-19-2007 by Ord. No. 07-30]
Business structures or uses shall not display
goods for sale purposes or coin-operated vending machines of any type
beyond three feet of the structure in which the business activity
is carried on.[1]
Nothing in this chapter shall be construed as
limiting local temporary charitable and civic activities, such as
fireman's fairs and the like, provided that such use shall not exceed
10 days and shall comply with all other ordinances and regulations
of the Township.
A.
Prior to approval of a planned development the Planning
Board shall find the following facts and conclusions:
(1)
That departures by the proposed development
from zoning regulations otherwise applicable to the subject property
conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65c;
(2)
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate;
(3)
That provisions through the physical design
of the proposed development for public services, control over vehicular
and pedestrian traffic, and the amenities of light and air, recreation
and visual environment are adequate;
(4)
That the proposed planned development will not
have an unreasonably adverse impact upon the area in which it is proposed
to be established;
(5)
In the case of a proposed development which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and of
the residents, occupants and owners of the proposed development in
the total completion of the development are adequate.
B.
The following provisions shall be applicable to a
planned development:
(1)
The Planning Board may grant general development
plan approval to provide the increased flexibility desirable to promote
mutual agreement between the applicant and the Planning Board on the
basic scheme of a planned development.
(2)
Any common open space resulting from the application of standards for density, or intensity of land use, shall be set aside for the use and benefit of the owners or residents in such development pursuant to § 95-8.9.
(3)
The amount and location of any common open space shall be determined and its improvement and maintenance for common open space use shall be secured subject to § 95-8.9.
(4)
The Planning Board may allow a greater concentration
of density, or intensity of land use, within a section or sections
of development, whether it be earlier, later or simultaneous in the
development, than in others.
(5)
A greater concentration of density or intensity
of land use for any section to be developed shall be offset by a smaller
concentration in any completed prior stage or by an appropriate reservation
of common open space on the remaining land by a grant or easement
or by covenant in favor of the municipality, provided that such reservation
shall, as far as practicable, defer the precise location of common
open space until an application for final approval is filed, so that
flexibility of development can be maintained.
(6)
The Planning Board may require that nonresidential
uses to be built before, after or at the same time as the residential
uses, and specify the timing for development of different types of
residential dwellings.
A.
No person shall park, store, leave or permit the parking,
storing or leaving of more than one temporarily disabled motor vehicle,
as defined hereinafter, or any motor vehicle of any kind which is
in an abandoned, wrecked, dismantled, inoperative, rusted, junked
or partially dismantled condition, whether attended or not, upon any
public or private property in the Township of Manalapan. A "temporarily
disabled motor vehicle" is defined as a motor vehicle under N.J.S.A.
39:1-1 et seq. which is inoperative for a period not exceeding 72
hours, and which vehicle has a current registration and a current
vehicle inspection certificate under the laws of the State of New
Jersey. Nothing contained herein shall apply to any motor vehicle
enclosed within a building on private or public property, any motor
vehicle held in connection with a business enterprise licensed by
the Township and property existing in the appropriate zoning district
for such business, farm equipment or not more than four motor vehicles
retained by the owner solely for the purpose of antique collection
purposes. An "antique motor vehicle" shall be defined as those motor
vehicles specifically set forth in the Official Vehicle Classification
of the Antique Automobile Club of America, Inc., adopted December
1951, revised 1983 and as may be further amended.
B.
It is hereby determined that the presence of an abandoned,
wrecked, dismantled, inoperative, rusted, junked or partially dismantled
vehicle or parts thereof on private or public property is hereby declared
a public nuisance which may be abated in accordance with other applicable
ordinances of the Township of Manalapan, in addition to being a violation
of this chapter. For purposes of this subsection, "junked motor vehicle"
is defined as a motor vehicle under N.J.S.A. 39:1-1 et seq. which
does not have a current registration and a current motor vehicle safety
inspection certificate and the condition of which is wrecked, dismantled,
partially dismantled, inoperable, abandoned or discarded.
A.
The building envelope on a lot as defined by the minimum
yard requirements for the location of a principal building, or, in
the case of nonresidential uses, the location of an off-street parking
lot, or a loading area, shall enclose a contiguous improvable area
which is not less than the minimum improvable area required by the
Schedule of Area, Yard, and Building Requirements.[1]
[1]
Editor's Note: The schedule is included at the end of this chapter.
B.
The contiguous improvable area shall be of such dimensions
that it shall be able to contain within it the shape of a circle whose
minimum diameter is not less than as prescribed by the Schedule of
Area, Yard, and Building Requirements for the diameter of the improvable
area.
C.
Where single-family cluster development is permitted,
the permissible number of building lots in the cluster shall not exceed
the number of lots which could be developed under a conventional platting
which conforms to the requirements of this section and other applicable
regulations. To the maximum extent practical, the required minimum
area of a cluster lot shall not be encroached upon by a wetland, wetlands
transition area, stream corridor, steep slope of 15% or greater, existing
or proposed public right-of-way, drainage easement, conservation easement,
or Flood Hazard Area Overlay District.
D.
Any existing detached single-family dwelling which
is a conforming use but which is on a lot made nonconforming by the
provisions of this section may be enlarged or expanded within its
improvable area provided that such expansion conforms to all other
zone district regulations.
The floor area occupied by a child-care center
in any building or structure shall be excluded in calculating:
No livestock is permitted in any zone except
in conjunction with a permitted farm or as otherwise specifically
permitted by regulations.
Flag lots shall be permitted in the R-AG and
R-R Zoning Districts only and shall be subject to the following requirements:
A.
Flag lots shall only be permitted where the flag lot
makes it possible to better utilize irregularly shaped properties
or areas with resource limitations, such as wetlands, or to eliminate
access to collector or arterial roads.
B.
No more than 10% of the lots in a subdivision may
be flag lots.
C.
Flag lots shall not be permitted whenever their effect
is to increase the number of lots taking access to a collector or
arterial road.
D.
Flag lots shall not be permitted on culs-de-sac except
to eliminate access to a collector or arterial road.
E.
A flag lot shall consist of an area (the "flag") located
behind one or more other lots and an access strip (the "flagstaff")
which extends from and connects the flag to the street. The access
strip to a flag lot shall be at least 25 feet wide and provide a street
frontage of at least 25 feet. The width of the access strip shall
not exceed 50 feet and the street frontage shall not exceed 50 feet.
[Amended 11-8-2006 by Ord. No. 2006-18]
F.
Each flag lot shall have its own access strip. The
use of the access strip to provide a common driveway to any other
lot or shared access with any other lot is prohibited.
[Amended 11-8-2006 by Ord. No. 2006-18]
G.
The area of each flag lot shall be at least twice
the minimum required lot area of the zone district. The area of the
access strip shall not be included as part of the lot area for the
purpose of meeting the minimum lot area requirements.
[Amended 11-8-2006 by Ord. No. 2006-18]
H.
Access strips shall not be more than 600 feet in length
and shall be improved in accordance with the requirements of the Township
Engineer.
I.
Adjoining flag lots shall be prohibited.
J.
The minimum setback of the principal building of a
flag lot from any lot line of the flag lot shall be 75 feet. The improvable
area within the minimum setback shall meet the improvable area requirements
of the zone district.
[Added 11-8-2006 by Ord. No. 2006-18]
K.
Flag lots shall not be further subdivided.
[Amended 11-8-2006 by Ord. No. 2006-18]
[Amended by Ord. No. 95-14]
The Zoning Schedule of Area, Yard and Building
Requirements shall not apply to a detention basin lot which has been
platted as part of a single-family residential development. Such detention
basins and their lots shall adhere to the following minimum standards:
A.
The top of the excavation or the toe of the outside
slope shall be set back at least 25 feet from adjoining residential
or nonresidential property lines.
B.
The top of the excavation or the toe of the outside
slope shall be set back at least 40 feet from the adjoining right-of-way
line for any right-of-way dedicated for use as a public road.
C.
The detention basin lot shall have lot frontage of
at least 25 feet and be improved with access for its maintenance.
D.
The detention basin shall not be located in the minimum
buffer area required pursuant to the Schedule of Minimum Required
Buffer Areas (Exhibit 5-2B).[1]
[1]
Editor's Note: Exhibit 5-2B is included at the end of this chapter.
Helistops are permitted as an accessory use
only when specifically provided for by the use regulations of the
zone district. Helistops are subject to the following regulations:
A.
The helistop must be accessory to the principal use
of the property and must not be available for use by the general public.
B.
The helistop must be set back at least 1,000 feet
from a residential zone.
C.
The helistop must be licensed as an aeronautical facility
by the New Jersey Department of Transportation and conform to the
requirements and standards of N.J.A.C. 16:54-1.6, Licensing of Aeronautical
Facilities, for the design of helistops.
[Amended by Ord. No. 95-14]
Tennis courts are permitted as an accessory
use in the zones specified on the Schedule of Permitted Uses[1] on single-family residential properties of 80,000 square
feet or larger, subject to the following requirements.
A.
One tennis court of regulation size is permitted and
may be enclosed by an open chain link fence not more than 12 feet
high.
B.
The court, inclusive of the fence, shall be set back
a minimum of 35 feet from side and 50 feet from rear property lines
and shall not be illuminated, nor used for play after dark.
C.
A grading and drainage plan for the tennis court shall
be submitted to the Township Engineer for review and approval. The
plan shall be designed to control surface waters in a manner that
will not adversely affect the subject property or abutting lands.
An engineering review fee of $200 shall be paid by the applicant for
the initial review and a review fee of $100 shall be paid for each
review of a revised plan.
[1]
Editor's Note: Exhibit 5-2B is included at the end of this chapter.
[Amended by Ord. No. 98-32]
Private residential sports courts are permitted
as an accessory structure to a single-family dwelling in the zones
specified on the schedule of permitted uses, subject to the following
requirements.
A.
The residential sports court is located on a lot of
20,000 square feet or greater.
[Amended 12-12-2018 by Ord. No. 2018-14]
B.
Only one residential sports court per lot is permitted
and the residential property shall not contain any separate tennis
court.
C.
The residential sports court shall not be located
in a front yard.
D.
The area of any residential sports court shall not exceed 2,500 square
feet. On lots with an area between 20,000 square feet and 80,000 square
feet, the area of the residential sports court shall not exceed 1,500
square feet.
[Amended 12-12-2018 by Ord. No. 2018-14]
E.
Fencing around a sports court shall not exceed six
feet in height.
F.
The residential sports court, inclusive of fencing, shall not be
located closer than 35 feet to a side or rear property line or closer
than the minimum yard specific by the zone district schedule or a
detached accessory structure, whichever is greater, for lots with
an area of 80,000 square feet or greater. For lots between 20,000
square feet and 80,000 square feet, the setbacks shall be not less
than what the zone allows for a detached accessory structure.
[Amended 12-12-2018 by Ord. No. 2018-14]
G.
The residential sports court shall not be illuminated
for play after dark.
H.
A grading and drainage plan for the residential sports
court shall be submitted to the Township Engineer for review and approval.
An engineering review fee of $200 shall be paid by the applicant for
the initial review and a review fee of $100 shall be paid for each
review of a revised plan.
[Amended by Ord. No. 99-11]
A.
Intention
of this section. It is the intention of this section for the ordinances
of the Township of Manalapan to model and comply with the New Jersey
Right to Farm Act, N.J.S.A. 4:1C-1 et seq., as the same may be amended
and supplemented from time to time. The interpretation and application
of the Code of the Township of Manalapan pertaining to farms and the
Township’s resolution of conflicts with the complaints against
farms shall be in accordance with the most current amendments or revisions
to the Right to Farm Act and the approved management practices adopted
by the New Jersey State Agriculture Development Committee and the
Monmouth County Agriculture Development Board.
[Added 10-13-2010 by Ord. No. 2010-16[1]]
B.
Recognition of right to exist. The right to farm all
land is hereby recognized to exist as a natural right and is hereby
ordained to exist as a permitted use everywhere in the Township of
Manalapan, subject only to size requirements and the applicable provisions
of the Township zoning and development regulations and to the Township's
health and sanitary codes. The Township recognizes that the primary
jurisdiction to identify and regulate generally accepted agricultural
management operations and practices on commercial farms rests with
the State Agriculture Development Committee and the Monmouth County
Agriculture Development Board and that the Board shall consider, among
other things, the impact of such practices on the Township and, in
so doing, consider the limitations imposed by Township zoning ordinances
adopted pursuant to the New Jersey Municipal Land Use Law. The right
to farm as used herein this section includes the use of irrigation
pumps, equipment, aerial and ground seeding, tractors, farm laborers,
and the application of appropriate agricultural and animal husbandry
techniques as well as all other recognized equipment and modern procedures
all for the purpose of producing from the land agricultural products
such as vegetables, grain, hay, fruits, fibers, wood, trees, plants,
shrubs, flowers, and seeds as well as propagation and maintenance
of horses, cows, and other grazing stock.
[Amended 12-5-2001 by Ord. No. 2001-17]
C.
COMMERCIAL AGRICULTURE
FARM
FARM BUILDING
FARM STAND
HOME AGRICULTURE
Definitions. For the purposes of interpretation of
this chapter, the following definitions shall apply:
The production principally for sale to others of plants and
animals or their products, including, but not limited to, forage and
sod crops, grain and feed crops, dairy animals and dairy products,
livestock, including beef cattle, poultry, sheep, horses, ponies,
mules and goats; the breeding and grazing of such animals, bees and
apiary products, fruits of all kinds, including grapes, nuts and berries,
vegetables, nursery, floral, ornamental and greenhouse products.
Any parcel of land of a minimum of five acres in size which
is used for gain in the raising of agricultural products, horticultural
products, or livestock and which is enrolled in the farmland assessment
program, including but not limited to landscape nurseries or greenhouses;
horse stables or arenas and the production of dairy products.
[Amended 10-13-2010 by Ord. No. 2010-16]
Any building used for the housing of agricultural equipment,
produce, livestock, or poultry or for the incidental customary processing
of farm products and provided that such building is located on or
operated in conjunction with and necessary to the operation of a farm
as defined by this chapter.
[Added 10-13-2010 by Ord. No. 2010-16]
An establishment consisting of a stand, structure or building,
with a total gross floor area not exceeding 900 square feet located
on a farm and from which is offered for retail sale to the general
public farm produce for human consumption, flowers or plants, no more
than 10% of which is grown outside the State of New Jersey.
[Added 10-13-2010 by Ord. No. 2010-16]
The production principally for home use or consumption of
plants, animals or their products and for sale to others where such
sales are incidental, including, but not limited to gardening, fruit
production and poultry and livestock products for household use only.
D.
Activities protected. In accordance with the purposes
and preambles set forth herein, the following farming activities shall
be deemed established as acceptable, recognized, and entitled to encouragement
and protection as the collective embodiment of the right to farm,
subject in all cases, however, to any supervening applicable federal,
state and county laws or regulating the public health, safety or otherwise:
(1)
Produce agricultural and horticultural crops,
trees and forest products, livestock, poultry and other related commodities.
(2)
Provide for the wholesale and retail marketing,
including "u-pick" marketing and sales of the agricultural output
of the commercial farm and related products that contribute to farm
income, including the construction of building and parking areas in
conformance with applicable municipal standards.
(3)
Replenish soil nutrients.
(4)
Use federally approved products in accordance
with labeled instructions as recommended by the New Jersey Agricultural
Experiment Station and the United States Environmental Protection
Agency for the control of pests, predators, varmints, disease affecting
plants and livestock, and for the control of weed infestation.
(5)
Clear woodlands using techniques and install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas, subject to Chapter 222 of the Code of the Township of Manalapan.
(6)
Use irrigation pumps and equipment and undertake
serial and ground seeding and spraying using tractors and other necessary
equipment.
(7)
Hire and utilize necessary farm labor.
(8)
Construct fences consistent with the generally
accepted agricultural management practices recognized by the State
Agriculture Development Committee or the Monmouth County Agriculture
Development Board.
[Amended 12-5-2001 by Ord. No. 2001-17]
(9)
Transport large, slow-moving equipment over
roads within the Township.
(10)
Conduct farming activities on holidays and Sundays
as well as weekdays, in the evening and during the day, notwithstanding
the production thereby of normal but unavoidable noise, dust, odors
and fumes caused by such necessary activities when conducted in accordance
with recognized practices.
(11)
It is permitted in all zoning districts within the Township of Manalapan
the as-of-right sale of used agricultural equipment, parts and accessories
on farms; provided, however, that such agricultural equipment was
formerly used at the farm.
[Added 10-13-2010 by Ord. No. 2010-16]
(12)
It is permitted in all zoning districts within the Township of Manalapan
the as of right sale on farms of farm products grown on site. Such
sales may be made from tables, trucks, or farm wagons.
[Added 10-13-2010 by Ord. No. 2010-16]
E.
Notice of farm use.[2] For the purpose of giving due notice of nearby farming
uses to proposed new residential areas adjacent to unimproved land
then being commercially farmed or suitable therefor, the Planning
Board shall require an applicant for an adjacent major or minor subdivision,
as a condition of approval of such application, to include a provision
in each and every contract, for and deed conveying all or any portion
of the lands thereby subdivided, as well as filed final subdivision
maps, the following record notice to and waiver by grantees of such
present or future proximate farming uses, which such provision shall
be made to run with the land:
|
"Grantee hereby acknowledges notice that there
are presently or may in the future be farm uses adjacent or in close
proximity to the above-described premises from which may emanate noise
or odors, and, by acceptance of this conveyance, Grantee does hereby
waive objection to such activities. Nothing herein shall be deemed
to warrant that the property shall remain a farm or otherwise undeveloped."
|
[2]
Editor's Note: See Ch. 125, Home Buyers, Notice to, and § 95-5.6A(15) of this chapter.
[Added 10-13-2010 by Ord. No. 2010-16]
Farm stands meeting the requirements of this section are permitted
as an accessory use on land where the principal use is a farm. The
following requirements shall be met prior to the placement of any
farm stand or the commencement of any farm stand use.
A.
B.
Site requirements.
(1)
One farm stand per farm is permitted.
(3)
Parking. Adequate off-street parking must be provided to handle
peak customer demand. No parking on the street or on the street shoulder
shall be permitted. Each farm stand must provide off-street parking
spaces for customer use in an appropriate amount as determined by
the Township Engineer. The parking area shall not be required to be
curbed or paved but it shall otherwise be suitably improved as recommended
by the Township Engineer.
(4)
A farm stand shall be limited to one story with a maximum gross
floor area of 900 square feet.
C.
Operation.
(1)
Lighting shall be provided only as necessary for security purposes.
(2)
Hours of operation shall be limited to not earlier than 7:00
a.m. nor later than 8:00 p.m. prevailing time, daily.
(3)
Produce grown outside the State of New Jersey shall be limited
to no more than 10% of total produce offered for sale on the premises.
D.
Signs. Signage is permitted in accordance with § 95-8.7, Signs. In addition to the sign types otherwise permitted in the zone, a farm stand may use sign types G-4, G-5, W-1, and W-2.
E.
Traffic control.
(1)
If determined to be needed for public safety, the applicant
shall provide personnel to control and direct traffic.
(2)
Hay rides or the equivalent may be operated on the farm covered
by the farm stand development permit. Location of loading/unloading
of passengers and the path of the ride shall be a minimum of 100 feet
from the street.
F.
Plan submission and review requirements.
(1)
Farm stands are permitted upon submission and approval of an
application for a development permit and the issuance of a development
permit by the Zoning Officer. The application shall include the following:
(a)
The applicant's letter certifying that the location is on a
qualified commercial farm.
(b)
A plan of the farm stand accurately depicting the area to be
used for farm stand operations, the location of any existing or proposed
structures, driveways, off-street parking, and signs, and setbacks
to property lines.
(c)
A completed application form and applicable fee.
(2)
The application shall be distributed by the Zoning Officer for
review and approval by the Township Engineer and the Township Police
Department for traffic safety. A review fee of $200 will be charged
for the initial review. For each subsequent review of a revised plan,
a review fee of $100 will be charged. The Zoning Officer, after review
and approval by the Township Engineer and the Police Department, and
after determining that the farm stand application otherwise conforms
to the requirements of this chapter, may issue the required development
permit.
A.
The purpose of this article is to require an integrated
approach to development design in the Township of Manalapan. Site
analysis, building layout, architectural treatment and natural and
cultural features should be interrelated. The design of the development
shall be arranged in accordance with this article to further the intent
of the New Jersey Municipal Land Use Law to create a desirable visual
environment; to promote the free flow of traffic; to conserve landmarks,
open space and natural resources; and to prevent environmental degradation.
The design requirements of this article shall apply to all subdivisions
and site plans.
B.
Where a standard or requirement of this article is
referenced as a requirement by Article V, Zone District Regulations,
or by Article VI, Conditional Uses, or by Article VII, General Zoning
Provisions, or is related to sign size, type or number, then a deviation
shall only be permitted when a variance is granted pursuant to N.J.S.A.
40:55D-70. In all other cases, relief may only be authorized as an
exception to subdivision or site plan regulations pursuant to N.J.S.A.
40:55D-51.
A.
Site analysis. The following site characteristics
shall be taken into consideration when designing subdivision and site
plans:
(1)
General site characteristics and surrounding areas.
(2)
Geology and soil conditions.
(3)
Topographical conditions.
(4)
Climate.
(5)
Ecology.
(6)
Existing vegetation.
(7)
Structures.
(8)
Road networks.
(9)
Visual features.
(10)
Past and present features.
(11)
Landmarks.
(12)
Public utilities.
(13)
Stormwater management and adjoining waterways.
B.
General requirements.
(1)
The design of the proposed development shall consider
all existing and proposed local and regional plans for the area.
(2)
Development of the site shall be based on the site
analysis. To the maximum extent possible, development shall be located
in order to preserve the significant natural features of the site,
avoid areas of environmental sensitivity, and minimize negative impacts.
(3)
Impervious cover, including streets, lots, parking
areas, buildings and units, shall be kept to the minimum possible
in order to reduce the adverse effects on neighboring property as
well as on the subject property.
(4)
Any application for a site which will be developed
in phases shall be based upon an overall concept plan for the entire
site showing the layout of the site at full development which depicts
building locations in relation to circulation, parking, stormwater
management, critical areas, adjoining land use and proposed changes
in grade.
A.
Natural and environmentally sensitive features.
(1)
Existing natural features, such as trees, brooks,
drainage channels and views shall be retained. Whenever such features
interfere with the proposed use of property, the retention of the
maximum amount of such features consistent with the use of the property
shall be required.
(2)
The design of development shall be arranged to conserve
environmentally sensitive features by locating buildings and structures
within the improvable area of the site, subject to the preemption
by the New Jersey Freshwater Wetlands Protection Act with respect
to general or individual permits issued by the New Jersey Department
of Environmental Protection. An applicant may be required to submit
alternative designs to demonstrate that such features have been conserved
to the maximum practical extent.
(3)
Design shall be arranged with particular attention
to conserve the following features:
(a)
Critical areas (as defined by this chapter)
and subject to preemption of the State of New Jersey over freshwater
wetlands.
(b)
Habitats of endangered or threatened species
as identified on federal or state lists.
(c)
Significant trees, defined as the largest known
individual trees of each species in New Jersey listed by the New Jersey
Department of Environmental Protection, Bureau of Forestry; and/or
large trees approaching the diameter of the known largest tree; and/or
species that are rare to the area or particular horticultural or landscape
value.
(d)
Woodland covering one acre or more in which
30% or more of the trees have an eight-inch or greater caliper or
any grove of eight or more trees having a ten-inch or greater caliper.
B.
Design shall be arranged to accomplish the following:
(1)
Maintain or improve groundwater quality and recharge
particularly to the Englishtown formation and to the Mount Laurel
and Wenonah formations.
(2)
Not exceed the capacity of water supply resources.
(3)
Maximize the use of natural systems to protect surface
and groundwater supplies.
(4)
Prevent the discharge of pollutants that may contaminate
or degrade surface water supplies, particularly in Category One watersheds
(Weamaconk Creek and McGellairds Brook) and watersheds of public water
supply (Manalapan Brook and Matchaponix Brook).
(5)
Maintain wildlife corridors.
(6)
Minimize disturbance of steep slope areas. Construction
on steep slopes shall be avoided wherever possible. However, appropriate
building designs and limited disturbance on steep slopes may be permitted,
provided that within any development or tract, construction including
buildings, streets, parking, grading, excavation and fill, or stripping
of vegetation on steep slopes of 10% or more shall be restricted in
the following way:
(a)
On steep slopes of 10% but less than 15% not
more than 40% of the total area in this slope category may be disturbed
or used for construction purposes.
(b)
On steep slopes of 15% but less than 20% not
more than 10% of the total area in this slope category may be disturbed
or used for construction purposes.
(c)
On steep slopes of 20% or more, disturbance
shall only be permitted where the applicant demonstrates that such
disturbance is essential to the reasonable use of the property.
(7)
Maintain stream corridors. Unless a more restrictive federal, state or local standard applies, disturbance of stream corridors shall be regulated pursuant to § 95-8.12 of this chapter.
[Amended 9-18-2002 by Ord. No. 02-24]
(8)
Authority to require revisions. The municipal agency
responsible for plan approval (Planning Board or Board of Adjustment)
may, on the basis of environmental impact, require revisions to design
or layout.
C.
Conservation of natural topography. No individual
residential lot or tract of land shall be graded unless such grading
activities comply with the following design standards:
[Added 12-19-2007 by Ord. No. 07-30]
(1)
All proposed grading shall preserve the salient natural
features of the land being developed.
(2)
Proposed grades shall not alter the natural contour of the land by more than three feet unless the conditions identified in § 95-8.3C(7) are met and/or the area being graded is to be used for management of stormwater runoff, consistent with best management practices as defined by the New Jersey Department of Environmental Protection, and as supplemented by the Development Regulations of the Township of Manalapan.
(3)
Proposed grading activities shall not propose excavation
on slopes greater than 15%.
(4)
Proposed grading activities shall not require foundations
for any structure to be exposed by more than four feet on the front,
rear and side elevations of the structure. Grading may permit the
full exposure of the rear foundation wall so as to permit the construction
of walk-out basements. However, walk-out basements and the related
grading shall only be permitted when the natural contour of the land,
measured 10 feet from the foundation, slopes away from the foundation
at a minimum of 2%.
(5)
On any lot that is less than 80,000 square feet in
area, cellars and basements are permitted only where the depth from
the original grade to the seasonal high groundwater table is greater
than six feet.
(6)
The seasonal high groundwater table elevation shall
be certified by a New Jersey licensed professional engineer. The New
Jersey licensed professional engineer or his/her representative shall
determine the seasonal high groundwater table elevation through the
use of a test pit excavation. If a test pit excavation cannot be performed
due to site conditions, a soil boring may be permitted only at the
discretion of the Township Engineer. The Township Engineer shall witness
all test pit excavations or soil borings performed to determine the
seasonal high groundwater table with respect to the construction of
building basements or cellars or stormwater management facilities.
The seasonal high groundwater table shall be the highest observed
elevation of soil mottling or groundwater seepage within the test
pit excavation or soil boring. If both occur, the higher elevation
shall be considered the seasonal high groundwater table for design
purposes. One test pit excavation or soil boring shall be performed
for each proposed basement or cellar within a development project.
Fewer test pits or soil borings may be permitted at the discretion
of the Township Engineer. The test pit or soil boring shall be a maximum
of 25 feet from the footprint of the proposed basement or cellar.
The quantity and location of the test pit excavations or soil borings
for the purposes of determining the seasonal high groundwater table
with respect to stormwater management facilities shall be approved
by the Township Engineer.
(7)
The import of fill material, and grading activities to mound, terrace, or otherwise alter the original lot grade by more than three feet to meet the requirements of § 95-7.34B for the required elevation above the groundwater to the lowest floor elevation of the principal building, are prohibited unless:
A.
The design of development proposed on any landmark
site or on property abutting a landmark site or within a landmark
corridor designated in the Manalapan Township Master Plan shall be
arranged to conserve, where practical, the landmark and provide visually
compatible building and site design. The municipal agency shall review
the compatibility of the following when evaluating development proposals
that impact landmarks:
(1)
Building height.
(2)
Bulk and scale.
(3)
Placement, proportions, and design of windows, doors
and roof.
(4)
Materials and textures.
(5)
Color.
(6)
Signs.
(7)
Fences, walls and other accessory structures.
(8)
Porches.
(9)
Railings.
(10)
Parking layout and loading/facilities.
(11)
Landscaping.
(12)
Lighting standards and fixtures.
(13)
Benches.
(14)
Sidewalk paving.
(15)
Trash receptacles.
(16)
Any other exterior elements impacting the landmark.
B.
Where rehabilitation, renovation, alterations or adaptive
reuse of an historic building is proposed, the municipal agency may
apply the guidelines developed by the United States Department of
the Interior and published as the Secretary of the Interior's "Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings."
C.
The municipal agency may utilize experts in the field
of landmark preservation to advise it on development proposals impacting
upon a landmark.
D.
The municipal agency shall consider the following
prior to approving a development plan which results in the demolition
of an historic building:
(1)
Its historic, architectural, cultural or scenic significance.
(2)
If it is within a landmark corridor, its significance
to the corridor as a key, contributing or noncontributing resource
and the probable impact of its removal on the district.
(3)
Its potential for use for those purposes currently
permitted by the zoning ordinance.
(4)
Its structural condition and the economic feasibility
of alternatives to the proposal.
(5)
Its importance to the municipality and region, and
the extent to which its historical or architectural value is such
that its removal would be detrimental to the public interest.
(6)
The extent to which it is of such old, unusual or
uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty
and expense.
(7)
The extent to which its retention would promote the
general welfare by maintaining and increasing the real estate values,
generating business, creating new jobs, attracting tourists, students,
writers, historians, artists and artisans; attracting new residents,
encouraging study and interest in American history, New Jersey history
and the history of Manalapan Township; stimulating interest and study
in architecture and design, educating citizens in American culture
and heritage, or making the municipality a more attractive and desirable
place in which to live.
(8)
Such other matters as may appropriately affect the
decision considering the specific characteristics of the property
in question.
(9)
The ownership, use and applicant's reason(s) for requesting
demolition.
(10)
Any other applicable standards of review or
guidelines adopted by the Secretary of the United States Department
of the Interior.
E.
The municipal agency shall consider the following
prior to approving a development plan which results in relocation
of an historic building:
(1)
The historic loss to the site of original location
and the historic district as a whole.
(2)
The compelling reasons for not retaining the landmark
or structure at its present site.
(3)
The compatibility, nature, and character of the current
and the proposed surrounding areas as they relate to the protection
of interest and values referred to in this section.
(4)
The probability of significant damage to the landmark
or structure itself.
(5)
If it is to be moved from Manalapan Township, the
proximity of the proposed new location to the Township, including
the accessibility to the residents of the municipality and other citizens.
(6)
If the proposed new location is within a district,
visual compatibility factors as set forth in this section.
[Amended by Ord. No. 95-14, § XV; Ord. No. 97-14, § I]
Trees, shrubs and plants provide physical, aesthetic
and economical value to the community. To assure the benefits of plant
material to existing and future residents, landscape design shall
be arranged in accordance with the requirements of this section. The
municipal agency shall refer all landscape plans to the Township Shade
Tree Committee for their review and comment.
A.
Design principles. Landscape plans shall be prepared
by a New Jersey certified landscape architect and shall be arranged
to observe the following principles:
(1)
Provide landscaping in public areas, on recreation
sites, and adjacent to buildings to screen parking areas, mitigate
adverse impacts, and provide windbreaks for winter winds and summer
cooling for buildings, streets and parking.
(2)
Select the plant or other landscaping material that
will best serve the intended function, and use landscaping materials
appropriate for local soil conditions, water conservation and the
environment.
(3)
Vary the type and amount of landscaping with type
of development, and accent site entrances with special landscaping
treatment.
(4)
Consider massing trees at critical points.
(5)
Plan for the impact of any proposed landscaping plan
at various time intervals. Shrubs may grow and eventually block sight
distances. Foundation plants may block out building windows.
(6)
Use landscaping to accent and complement buildings.
(7)
Provide a variety and mixture of plantings. The variety
shall consider susceptibility to disease, colors, seasonal interest,
textures, shapes, blossoms and foliage. The use of native plant material
is encouraged.
(8)
Consider the choice and location of plant materials
to screen or create views, to define boundaries between private and
common open space, to minimize noise, to articulate outdoor spaces
and define circulation systems.
B.
General landscaping standards. Landscaping shall be
provided and installed in accordance with an approved plan based upon
the standards of this subsection.
(1)
A minimum of 15% of the area of a nonresidential development
or a multifamily development shall be reserved for landscaping which
shall be reasonably distributed within the site and which shall include
foundation plantings within established bedlines not less than three
feet wide on the front, sides, and rear of any building structure.
Such foundation plantings shall be suitable to the size of the building.
This requirement shall be in addition to the requirements set forth
for parking lot landscaping, buffer zones and shade trees in the shade
tree right-of-way along nondedicated roads.
(2)
All areas of the site not occupied by buildings, pavement,
sidewalks, safety islands or other required improvements shall be
landscaped by the planting of grass or other ground cover acceptable
to the municipal agency.
(3)
Existing specimen trees and shrubs shall be saved
wherever practical.
(4)
All landscape areas provided with automatic irrigation
systems shall be timer controlled and provided with an automatic rainfall
shutoff detection device.
(5)
With the exception of lawns, planted areas adjacent
to hard surfaces should have durable edging, raised borders or similar
structures to prevent soil washing over the adjoining paths.
(6)
In residential developments, besides the screening
and street trees required, additional plantings or landscaping elements
shall be required throughout the subdivision where necessary for climate
control, privacy or for aesthetic reasons in accordance with a planting
plan approved by the municipal agency. At a minimum, the equivalent
of at least two shrubs and one shade or ornamental tree of a caliper
of 2 1/2 inches or greater shall be provided for each 1,500 square
feet of area of a residential development not covered by buildings
or improvements. Existing healthy specimen trees may be included in
satisfying these requirements. These plantings shall be in addition
to any other landscaping requirements including landscaping of off-street
parking areas and buffer areas.
(7)
The approved plan shall contain the location on the
property of all trees to be removed, indicated on a section of the
plan identified as "Tree Removal and Replacement Plan."
[Added 4-13-2005 by Ord. No. 2005-09]
(a)
The Tree Removal and Replacement Plan shall
indicate all trees to remain and proposed replacement trees, specifically
by an assigned number.
(b)
The Tree Removal and Replacement Plan shall
specify the manner in which compliance with Article III of the Shade
Tree Ordinance is anticipated to be accomplished.
C.
Parking lot landscaping. In parking areas, at least
10% of the interior parking area shall be landscaped with plant material
reasonably distributed in the lot. Any landscaping counted within
this area shall not be considered as fulfilling the percentage of
coverage of landscape requirements above.
(1)
One pollution-resistant shade or ornamental tree,
as defined by the Shade Tree Committee, shall be planted for every
five parking spaces. These shall be reasonably distributed in parking
areas and in landscaped areas combined with shrubbery. The base of
each tree shall be left free of pavement for a diameter of not less
than seven feet. The landscaping should be located in protected areas,
such as along walkways, in center islands, at the end of bays or in
diamonds between parking stalls. Such protected areas shall be constructed
so as to prevent damage to plant material from vehicles.
(2)
Pollution-resistant shade trees shall be planted along
all undedicated roads, drives and parking areas in accordance with
the standards for street tree planting.
(3)
Parking of motor vehicles on landscaped areas, on
grass, or against trees and shrubbery shall not be permitted in business,
commercial, industrial and professional areas.
(4)
No paving shall be placed within 12 1/2 feet
of any existing tree to be retained which is 18 inches or greater
in diameter.
(5)
Parking areas must be shaded by deciduous trees (either
retained or planted by the developer) that have or will have when
fully mature a trunk at least 12 inches in diameter. New trees shall
be of a type suitable and adaptable to planking within a parking lot
for shading. Each tree shall be capable of shading a circular area
having a radius of 15 feet with the trunk of the tree as the center.
There must be sufficient trees so that, using this standard, 35% of
the parking area will be shaded.
D.
Buffering and screening.
(1)
Function and materials.
(a)
Buffering shall provide a year-round visual
screen in order to minimize adverse impacts from a site on an adjacent
property or from adjacent areas. It may consist of fencing, evergreens,
berms, rocks, boulders, mounds, or combinations to achieve the stated
objectives.
(b)
Buffers shall be designed as open space areas.
Parking, loading, solid waste enclosures, and other such structures
or facilities shall not be located in a buffer.
(2)
When required. All uses, other than single-family
detached and two-family detached dwellings and their accessory uses,
shall provide buffers along side and rear property lines which abut
areas zoned residentially or used for residential purposes. Buffering
shall also be required when topographical or other barriers do not
provide reasonable screening and when the municipal agency determines
that there is a need to shield the site from adjacent properties and
to minimize adverse impacts such as incompatible land uses, noise,
glaring light, and traffic. In dense developments, when building design
and sighting do not provide privacy, the municipal agency may require
landscaping, fences, or walls to ensure privacy and screen dwelling
units. Where required, buffers shall be measured from property lines.
(a)
Buffer strips shall be a minimum of 50 feet
wide. Where a fifty-foot wide buffer is unfeasible because of established
development patterns, the Board may consider alternative designs that
would create an effective buffer.
(b)
In addition to any required buffer, parking
areas, garbage collection, utility areas and loading and unloading
areas should be screened around their perimeter.
(c)
It is preferred that residential lots abut and
have access from local streets. When a reverse frontage lot abuts
a higher-order street, a landscaped buffer area 50 feet in width shall
be provided along the property line abutting the road. Yard setbacks
shall be measured from the buffer strip limit and the buffer strip
shall be protected by a conservation easement.
(3)
Design. Arrangement of planting in buffers shall provide
maximum protection to adjacent properties and avoid damage to existing
plant material. The landscape screen may include natural features,
fencing, berms, mounds, or combinations of these features. A variety
of plant material providing seasonal color and interest shall be provided.
Possible arrangements include planting in parallel, serpentine, or
broken rows. If planted berms are used, the minimum top width shall
be four feet, and the maximum side slope shall be 1:3.
(4)
Planting specifications. Plant materials shall be
sufficiently large and planted in such a fashion that a screen at
least eight feet high, occupying 50% of the width of the buffer strip,
shall be produced within two growing seasons. All plantings shall
be installed according to accepted horticultural standards.
(5)
Maintenance. Plantings shall be watered regularly
and in a manner appropriate for the specific plant species through
the first growing season, and dead or dying plants shall be replaced
by the applicant during the next planting season. No buildings, structures,
storage of materials, or parking shall be permitted within the buffer
area; buffer areas shall be maintained and kept free of all debris,
rubbish, weeds, and tall grass.
E.
Site protection and general planting requirements.
(1)
Topsoil preservation. Topsoil moved during the course
of construction shall be redistributed on all regraded surfaces. At
least six inches of even cover shall be provided to all disturbed
areas of the development and shall be stabilized by seeding or planting.
If excess topsoil remains, the thickness shall be increased. If additional
is required, the developer shall provide it. Removal of excess topsoil
shall only be permitted in accordance with a plan approved by the
municipal agency and in accordance with the Township soil removal
ordinance.
(2)
Removal of debris. All stumps and other tree parts,
litter, brush, weeds, excess or scrap building materials, or other
debris shall be removed from the site and disposed of in accordance
with the law. No tree stumps, portions of tree trunks or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips, they may, subject to approval of the Municipal Engineer,
be used as mulch in landscaped areas only.
(3)
Protection of existing plantings. Maximum effort should
be made to save fine specimens (because of size or relative rarity).
The municipal agency may require submittal of a plan for the conservation
of existing trees and shrubs. Such plans shall indicate which trees
and shrubs are to be cleared and which shall be retained. No material
or temporary soil deposits shall be placed within four feet of shrubs
or 10 feet of trees designated to be retained on the preliminary and/or
final plat. Protective barriers or tree wells shall be installed around
each plant and/or group of plants that are to remain on the site.
Barriers shall not be supported by the plants they are protecting,
but shall be self-supporting. They shall be a minimum of four feet
high and constructed of a durable material that will last until construction
is completed. Snow fence is an acceptable barrier.
(4)
On major applications, a Tree Save Plan shall be submitted
for approval by the municipal agency. The plan shall include the location
of existing vegetation including all shade trees 10 inches in caliper
or greater at five feet above ground level and all ornamental trees
four inches in caliper or greater at one foot above ground level.
The plan shall show the limits of clearing and identify the existing
vegetation to be removed. Existing trees 10 inches in diameter or
greater shall be retained unless such retention results in an unreasonable
burden.
(5)
Slope plantings. Landscaping of the area of all cuts
and fills and/or terraces shall be sufficient to prevent erosion,
and all roadway slopes shall be planted with ground covers appropriate
for the purpose and soil conditions, water availability, and environment.
(6)
Additional landscaping.
(a)
In residential developments, besides the screening
and street trees required, additional plantings or landscaping elements
shall be required throughout the subdivision where necessary for climate
control, privacy, or for aesthetic reasons in accordance with a planting
plan approved by the municipal agency. In nonresidential developments,
all areas of the site not occupied by building and required improvements
shall be landscaped by the planting of grass or other ground cover,
shrubs, and trees as part of a site plan approved by the Planning
Board.
(b)
At a minimum, the equivalent of at least two
shrubs and one shade or ornamental tree of a caliper of 2 1/2
inches or greater shall be provided for each 1,500 square feet of
area of a residential development not covered by buildings or improvements
and for each 1,000 square feet of nonresidential development. Existing
healthy specimen trees may be included in satisfying these requirements.
These plantings shall be in addition to any other landscaping requirements
including landscaping of off-street parking areas and buffer areas.
(7)
Planting specifications. Deciduous trees shall have
at least a two-inch caliper at planting. Size of evergreens and shrubs
shall be allowed to vary depending on setting and type of shrub. Only
nursery-grown plant materials shall be acceptable; and all trees,
shrubs, and ground covers shall be planted according to accepted American
Nurseyman's Association standards. Dead or dying plants shall be replaced
by the developer during the following planting season.
(8)
Plant species. The plant species selected should be
hardy for the particular climatic zone in which the development is
located and appropriate in terms of function and size.
F.
Street trees.[1]
(1)
Location.
(a)
Street trees shall be installed behind the sidewalk
on both sides of all streets in accordance with the approved landscape
plan in shade tree easements as described below. Trees shall either
be massed at critical points or spaced evenly along the street, or
both.
|
Tree Size
(feet)
|
Planting Interval
(feet)
| |
|---|---|---|
|
Large trees (40+)
|
50
| |
|
Medium-sized trees (30-40)
|
40
| |
|
Small trees (to 30)
|
30
|
(b)
If a canopy effect is desired, trees may be
planted closer together, following the recommendations of a certified
landscape architect and/or a certified tree expert. The trees shall
be planted so as not to interfere with utilities, roadways, sidewalks,
sight easements, or streetlights. Tree location, landscaping design,
and spacing plan shall be approved by the Planning Board as part of
the landscape plan.
(2)
Shade tree easement. When a minor or major development
has applied for and is subject to approval, trees and other natural
features and/or preservation of and providing for open space for buffer
along the lot lines of the right-of-way as applicable and desirable
for specific subdivision and site plan locations and layouts, shall
provide a temporary easement to the Township as follows:
(a)
The shade tree easement shall prohibit the removal
of trees, shrubs, ground cover and when absent of vegetation shall
be in a condition that will be unobstructed to permit the installation
of shade trees. The easement shall exempt the installation, maintenance
and replacement of drainage facilities and utilities, the removal
of dead or diseased trees and limit to thinning of trees and growth
to favor the most desirable growth and the removal of trees as approved
by the Township Forester to allow for structures to compound waters
and within wetlands and transition areas that are required by the
New Jersey Wetlands Preservation Act and Regulations.
(b)
No structures, landscape, subsurface, residentially
installed lines such as sprinklers, electric lines, gas lines or other
underground items shall be located in this easement so as to interfere
with the planting of shade trees nor cause damage to shade trees without
the permission of the Shade Tree Committee. Any interference with
the easement shall be removed by the owner. Failure to remove the
violation of the easement rights upon notice from the Township Committee
shall result in the removal by the Township of any obstruction and
the assessment of any costs by way of a lien on the property to be
collected in the same manner as a tax lien. The easement shall be
depicted on a preliminary and final plans and shown in such a manner
that the boundary thereof can be accurately determined should the
necessity arise. In addition, any surveys furnished to purchasers
of homes within the development at the time of initial sale shall
further indicate the boundaries of the easement.
(c)
The boundary line of the shade tree easement
shall be staked on the affected property prior to occupation of the
dwelling, so that each resident is fully aware of the easement's locations
and restrictions. Such easement dedication shall be temporary and
shall not exceed 10 years from reception of initial certificate of
occupancy. The final location of the easement, its size and term shall
be expressed in a confirming deed of easement which may, at the option
of the developer, include a single description for all of the properties
within the development. The Township shall assume no responsibility
for any damages or injury that may arise in the easement area and
maintenance shall be the responsibility of the property owner.
(d)
No structures may be located, constructed or
reconstructed within the area of the easement, nor shall any action
be taken that will alter or impair the installation of shade trees,
nor cause damage to same.
(e)
All shade tree easements shall be a minimum
of 20 feet in width measured from the edge of the right-of-way. The
easement width will be subject to the review of the Township Forester
based upon site condition. At the expiration of the term of the shade
tree easements, all right, title and interest shall revert to the
owner of the property.
(3)
Tree type. Tree type may vary depending on overall
effect desired, but as a general rule, all trees shall be the same
kind on a street except to achieve special effects. Selection of tree
type shall be approved by the municipal agency in accordance with
the municipal list of approved street trees.
(4)
Planting specifications. All trees shall have a caliper
of 2 1/2 inches, and they shall be nursery grown, of substantially
uniform size and shape, and have straight trunks. Trees shall be properly
planted and staked and provision made by the applicant for regular
watering and maintenance until they are established. Dead or dying
trees shall be replaced by the applicant during the next planting
season.
G.
Paving materials and walls and fences.
(1)
Paving materials. Design and choice of paving materials
used in pedestrian areas on site plans shall consider the following
factors: cost, maintenance, use, climate, characteristics of users,
appearance, availability with surroundings, decorative quality, and
aesthetic appeal. Acceptable materials shall include, but are not
limited to, concrete, brick, cement pavers, asphalt and stone. However,
where sidewalk is proposed as a public improvement, it shall adhere
to the standard public improvement specification.
(2)
Walls and fences shall be erected where required for
privacy, screening, separation, security, or to serve other necessary
functions.
(a)
Design and materials shall be functional; they
shall complement the character of the site and type of building, and
they shall be suited to the nature of the project. Materials shall
be of durable, weather, and vandal resistant construction.
(b)
No fence or wall shall be so constructed or
installed so as to constitute a hazard to traffic or safety.
H.
Street furniture.
(1)
Street furniture such as, but not limited to, planters,
kiosks, trash receptacles, benches, phone booths, etc., shall be located
and sized in accordance with their functional needs.
(2)
Street furniture elements shall be compatible in form,
material, and finish. Style shall be coordinated with that of the
existing or proposed site architecture.
(3)
Selection of street furniture shall consider durability,
maintenance, and long-term cost.
[Amended by Ord. No. 97-12]
A.
General requirements. Building layout and architectural
treatment shall promote an attractive visual environment and a convenient
relationship of buildings to their surrounding circulation systems
and open space. Innovative and imaginative design which results in
an artful treatment of building surfaces is encouraged. In evaluating
the suitability of design, the reviewing agency shall consider the
following:
(1)
Buildings and their environs should be designed to
be attractive from all vantage points, including fences, storage areas,
and rear entrances and elevations. All groups of related buildings
shall be designed to harmonize architectural treatment and exterior
materials.
(2)
Accessory structures should be architecturally coordinated
with the principal structure.
(3)
All exterior storage areas and service yards, loading
docks and ramps, electrical and mechanical equipment and enclosures,
storage tanks and the like, should be screened from the public view,
both within and from outside of the development, by a fence, wall
or mature landscape materials, compatible with the exterior design
of the building.
(4)
Colors, materials and finishes should be coordinated
in all exterior elevations of buildings to achieve continuity of expression.
All roof and wall projections, such as gutters, flues, louvers, utility
boxes, vents, grills, downspouts, exposed flashing, overhead doors,
shall be painted or installed with an anodized or acrylic finish in
a color to match or complement adjacent surfaces.
(5)
All openings in the wall of a structure such as windows
and doors should relate to each other on each elevation vertically
and horizontally in an artful arrangement.
(6)
Roof planes or caps meeting the exterior facade should
have overhangs or appropriate cornice and trim details.
(7)
Major entrances to buildings should be emphasized
with appropriate architectural elements or details.
(8)
The fenestration and detailing of building facades
should be arranged to promote a harmonious pattern of light and shade
on the building face and provide a visually appealing surface.
(9)
Visual harmony should be created between new and older
buildings.
(10)
Desirable features of a site should be considered
and strengthened by, for example, framing or maintaining views or
continuing particular design features or statements.
(11)
Building layout, access and parking areas should
be arranged to relate to existing topography so as to minimize regrading
and soil import or export.
(12)
Buildings should be designed to avoid long unbroken
lines and monotony of expression. Building detail, forms and setback
should be used to provide visual interest.
(13)
Buildings should be spaced to permit sufficient
light and privacy and circulation.
(14)
Signage shall be coordinated with architectural
design.
(15)
In shopping centers containing multiple store
fronts, each storefront should maintain a coordinated design with
respect to an overall plan for colors, doors, windows, signage and
trim details.
(16)
Repetition of plant varieties, materials, screens,
and sight breaks may be used to achieve compatibility between adjacent
buildings of different architectural styles.
(17)
Roof shapes shall be coordinated to present
a harmonious appearance.
(18)
Finish materials used shall be suitable to the
use and design of the building.
(19)
Facade renovations shall preserve and protect
desirable architectural details. All additions, alterations and accessory
buildings shall be compatible with the principal building in design
materials.
(20)
The use of unusual shapes, color and other characteristics
which cause a new building to call excessive attention to itself and
create a jarring disharmony with its surroundings should be avoided
or reserved for structures of broad public significance.
(21)
Exposed basement or nondecorative block walls
are unacceptable as facade or building treatments. Exposed basement
walls shall be painted to relate to the building design.
B.
Design requirement for Limited Business Districts.
(1)
The intent of the Limited Business District is to
require architecturally coordinated buildings that maintain a compact
arrangement, emphasize the pedestrian environment, and integrate into
the design traditional architectural forms and materials as characterized
by the inventory of Historic Structures of the Manalapan Township
Master Plan. Nonresidential design within a Limited Business District
shall not be arranged as a strip style shopping mall.
(2)
Building access shall be oriented to or clustered
around courtyards, landscaped areas, or related amenities for the
convenience of the pedestrian.
C.
Multifamily and attached residential design requirements.
Unless a different requirement is provided within the zone district,
multifamily attached residential development should adhere to the
following:
(1)
Residential design may be arranged in conventional,
cluster or a combination of design as permitted by the Zone District
Regulations.
(2)
Consideration shall be given to topographical conditions,
privacy, building height, orientation, drainage, aesthetics in the
placement of units, and the relationship to open space and circulation
systems.
(3)
Residential units should front on lower-order streets.
(4)
Residential developments should create the appearance
of individuality among housing units; however, units should be developed
in harmony with each other and with existing and surrounding uses.
(5)
Easy access to outdoor space and parking from all
residential units should be provided.
(6)
A safe, well-lighted residential environment, free
from through traffic should be provided.
(7)
Site design should create a minimum amount of noise
intrusion into the area.
(8)
Private and common open space should be clearly delineated.
Recreation facilities should be designed and cited for the convenience
of the users.
(9)
Buildings shall be designed to avoid long straight,
unbroken lines. No principal building when viewed from any elevation
shall be greater than 175 feet in length. Buildings shall have no
more than two dwelling units in a line without setbacks or breaks
in building elevations of at least six feet. Attached single-family
dwelling units and townhouses shall have not less than four and no
more than eight dwelling units in a continuous building.
(10)
A transition area shall be provided between
residential units of different types, as well as between residential
zone and all other zones. The transition area may consist of a natural
feature, a park, a landscaped buffer or a gradual density change.
(11)
Unless provided otherwise by the zone district,
the spacing of residential buildings shall adhere to the following
minimums:
(a)
Windowless wall to windowless wall: 20 feet.
(b)
Windowed wall to windowless wall: 30 feet.
(d)
Any building face to right-of-way: 25 feet.
(e)
Any building face to residential access street
curb: 30 feet.
(f)
Any building face to subcollector street curb:
35 feet.
(g)
Any building face to collector street curb:
40 feet.
(h)
Any building face to common parking area: 12
feet.
(12)
Courtyards. Courtyards bounded on three or more
sides by wings of the same building shall have a minimum court width
of two feet for each one foot in height of the tallest building or
building wing.
(13)
Garages and/or carports, when not attached to
a principal building, shall be located no closer than 25 feet to a
facing wall of a principal building containing windows, nor closer
than 15 feet to a facing wall of a principal building which does not
contain windows.
(14)
A screened area or areas for storage of refuse
and recyclables shall be located and arranged for ease of access and
collection.
D.
Single-family dwelling and two-family dwelling design
requirements.
(1)
Each single-family dwelling or two-family dwelling
constructed on a lot (the subject lot) pursuant to the approval of
a major subdivision shall be substantially different in exterior design
and appearance from an existing or proposed neighboring dwelling situated
on any lot on the same side of the street or on the facing lots on
the opposite side of the street where said lots are within a distance
of 100 feet of the subject lot. The one-hundred-foot distance shall
be construed to mean the distance between the street property lines
of the respective lots.
(2)
For a dwelling to be deemed substantially different,
the building elevation facing the street must be different from the
street elevations of its neighboring dwellings in at least three of
the five following categories:
(a)
The relative location of the garage, if attached,
a portico, if any, or any other such significant structural appurtenance
attached to the dwelling.
(b)
The relative location or the size and type of
windows and doors.
(c)
The design of the roof as determined by its
type and pitch.
(d)
The type or pattern of siding material.
(e)
The type or pattern of roofing material.
(3)
No development permit shall hereafter be issued for
more than one dwelling in a major residential subdivision of single-family
and/or two-family dwellings until the developer has provided to the
Township Zoning Officer the basic house designs to be used in the
development. Thereafter, the Zoning Officer shall, prior to the issuance
of a development permit, review the specific lot(s) on the map of
the subdivision on file with the Township as to the type and model
of each dwelling for which a development permit has been or is being
issued within the development and determine that the neighboring dwellings
are substantially different in accordance with the provisions of these
regulations.
(4)
The provisions, requirements, and standards of this
section shall not be considered met if only minor changes are made
which fail to substantially alter the building plans.
[Amended by Ord. No. 95-14; Ord. No. 2000-02]
All signs, excluding those regulated by specific
zone restrictions of the Manalapan Code, shall conform to the provisions
of this section and to the applicable requirements of the New Jersey
Uniform Construction Code.
A.
Purpose. The purpose of this section shall be:
(1)
To protect the public health, safety and welfare by
restricting signs which impair the public's ability to receive information,
violate privacy, or which increase the probability of accidents by
distracting attention or obstructing vision or causing glare.
(2)
To encourage signs which promote a desirable visual
environment through creative yet orderly design arrangements.
(3)
To encourage signs which aid orientation, identify
activities, describe local history and character or serve other educational
purposes.
(4)
To encourage the replacement of nonconforming signs
by conforming signs through the strict enforcement of the procedures
and requirements of this section.
B.
Application for sign construction permit.
(1)
Application shall be made to the Zoning Officer for
the issuance of a sign construction permit by any person wishing to
erect, alter, modify, or expand any sign. Applications shall include:
(a)
Information concerning the location, height,
illumination, colors, and size of the sign and the date on which it
is to be erected or displayed.
(b)
A drawing or photograph of the building facade
and a lot plan indicating the location of the proposed sign and all
existing signs displayed by the activity.
(c)
If the application is for a wall sign, a drawing
to scale showing the location of the sign within the signable area
covered by the wall sign.
(d)
Specifications for the construction of the sign
and for its illumination if any is to be provided.
(e)
Name, address and telephone number of applicant.
(f)
Name and address of person erecting the structure
or sign.
(g)
Written consent of the owner of the building
structure or sign on which the structure or sign is to be erected.
(h)
Copy of any electrical permit required and issued
for the sign.
(i)
Such other information as the Zoning Officer
shall require to show full compliance with this chapter.
(2)
If the Zoning Officer determines that a sign is permitted
and does not require Board approval and is an exempt development,
the Officer shall issue a sign construction permit.
(3)
If the Zoning Officer determines that the proposed
sign is not an exempt development, the Zoning Officer shall instruct
the applicant that Planning Board or Board of Adjustment approval
of an application for development is required and to contact the Administrative
Officer who shall advise the applicant which Board has jurisdiction
in accordance with the following schedule:
|
Sign Type
|
Board Jurisdiction
| |
|---|---|---|
|
Signs indicated on plats which are part of a
development application before the Planning Board
|
Planning Board
| |
|
Signs indicated on plats which are part of a
development application before the Board of Adjustment
|
Board of Adjustment
| |
|
Signs not permitted
|
Board of Adjustment
|
C.
General standards.
(2)
Modification of graphic content. The graphic content
of a sign may be modified, provided that the proposed graphic content
complies with all applicable provisions of this subsection, except
that any condition of approval contained in a resolution of either
the Planning Board or Board of Adjustment, which specified graphic
content of the sign, shall require that a new amended approval be
issued by said Board prior to graphic content modification.
(3)
Illumination.
(a)
Unless specifically stated otherwise in this
section, all signs may be either internally or externally illuminated
in accordance with the standards found herein.
(b)
An illuminated sign located on a lot adjacent
to or across the street from any residential district and visible
from such residential district shall not be illuminated between the
hours of 11:00 p.m. and 7:00 a.m. unless the use to which the sign
pertains is open for business during those hours.
(c)
No sign shall contain or be illuminated or highlighted
by blinking, flashing, flickering, tracer or sequential lighting and
shall remain stationary and constant in intensity and color at all
times.
(d)
All wiring for permanent illuminated signs shall
be installed and maintained so that it is not within public view.
The running of wiring or conduit along the exterior wall of a building
to access a sign is specifically prohibited except that the Construction
Official may permit exterior conduit if in the judgment of the Official
there is no practical way to run the conduit so that it is not within
public view.
(e)
For purposes of illumination, existing areas
are classified as either low or high illumination areas. A low illumination
area is defined as places where at night the average maintained footcandle
level is equal to or less than 1.5 footcandles. A high illumination
area is defined as places where at night the average maintained footcandle
level is greater than 1.5 footcandles. For externally lighted signs
the following shall apply:
|
Lamp Type
|
Maximum Illumination Low Illumination
Area
|
(Watts/ft)
High Illumination Area
| |
|---|---|---|---|
|
Fluorescent
|
8.0
|
12.0
| |
|
Incandescent
|
27.2
|
40.0
|
(4)
Obstruction of accessways. No sign or sign structure
shall obstruct a fire escape, door, window, or other required accessway.
No sign shall be attached to a standpipe or fire escape, except those
signs required by the municipal authority.
(5)
Obstruction of window surface. No sign shall project
over, occupy or obstruct any window surface required for light or
ventilation by any application by an applicable law, ordinance or
regulation.
(6)
Traffic safety.
(a)
No sign shall be maintained at any location
where by reason of its position, size, shape, color or content it
may obstruct, impair, obscure, interfere with the view of, or be confused
with, any traffic control sign, signal or device, or where it may
interfere with, mislead or confuse traffic.
(b)
No sign which uses the words, "Stop," "Look,"
"Caution," "Danger," or any similar wording, which may confuse or
mislead the public, shall be permitted.
(c)
No sign, nor any part of a sign, shall obstruct
the sight triangle.
(7)
Signs in rights-of-way. No sign or any part of a sign,
except publicly owned or authorized signs, shall be placed in or extend
into or over any public right-of-way.
(8)
Sign permanency. All signs shall be securely affixed
in a permanent manner to either the ground or building, unless specifically
stated otherwise in this section.
(9)
Signs affixed to certain structures. No sign shall
be affixed to any roof, tree, fence, utility pole or other similar
structure nor placed upon motor vehicles which are continually or
repeatedly parked in a conspicuous location to serve as a sign. Signs
painted on pavement surfaces shall be restricted to traffic control
markings only.
(10)
Advertising flags, banners, pinwheels. No advertising
flags, banners, pinwheels, portable signs or similar advertising devices
shall be permitted except in accordance with this chapter or as directed
or authorized by the municipality.
(11)
Animated or moving signs. No animated or moving
signs shall be permitted except for the required movement of time
and temperature displays.
(12)
Painted signs. No sign may be painted directly
on the surface of any building, wall, fence or similar structure.
(13)
Sparkling and glittering signs. No sign may
utilize reflection enhanced or fluorescent colors or contain any material
which sparkles, reflects or glitters; however, nothing herein is intended
to prohibit the use of reflective paint on signs directing traffic
or identifying various locations within a property.
(14)
Sign measurement.
(a)
Area to be included. The supporting structure
or bracing of a sign shall be omitted in measuring the area of the
sign if such structure or bracing is not part of the message or sign
face and if such structure or bracing is less than 20% of the sign
width. Where a sign has two sign faces back-to-back and parallel to
each other, the area of only one face shall be included in determining
the area of the sign.
(b)
Area of signs with backing. The area of all
signs with backing shall be measured by computing the area of the
sign backing.
(c)
Area of signs without backing. The area of all
signs without backing shall be measured by computing the area of the
smallest geometric figure which can encompass all words, letters,
figures, emblems and other elements of the sign message with a clearance
of at least four inches from any such element.
(d)
Area of signs with and without backing. The
area of all signs formed by a combination of elements with and without
backing shall be measured by combining the area of such elements measured
in accordance with the foregoing subsections.
(e)
Height of signs. Sign height shall be measured
between average grade and the highest point of the highest element
of the sign.
(15)
Multiple sign faces. No sign may contain more
than one sign face, except that two sign faces back-to-back and parallel
to each other (no angle between sign faces commonly known as a "double-faced
sign") shall be permitted. No double-faced sign shall be greater than
18 inches in thickness as measured between sign faces.
(16)
Graphic content coverage. The maximum coverage
of any sign face by graphic contents shall not exceed 60%.
(17)
Billboards. Billboards, as defined in Article II of this chapter, shall only be permitted as a conditional use within the Township pursuant to § 95-6.22. Billboards existing prior to adoption of this subsection may be repaired and maintained as required but may not be enlarged or moved from their foundation or support footings. No replacement of a billboard shall be permitted upon removal or demolition of an existing billboard except along N.J.S.H. 9 pursuant to the condition set forth in § 95-6.22B(17) of these regulations.
[Amended 4-7-2009 by Ord. No. 2009-05]
D.
Permitted signs.
(1)
One ground sign, as defined in Article II of this
chapter, per premises.
(2)
Multiple wall signs, as defined in Article II of this chapter, per
premises or per business establishment, provided that the total area
of the signage does not exceed that as provided in Sign Schedule A.[1]
[Amended 12-12-2018 by Ord. No. 2018-14]
(a)
If a building is occupied by a subtenant, that subtenant may
display an additional wall sign that exceeds the total wall signage
area permitted in the Zone District. The subtenant signage shall be
a maximum of 5% of the facade area.
[1]
Editor's Note: Schedule A (Exhibit 8-1) is included at the
end of the chapter.
(3)
Minor signs. The following signs shall be considered
minor signs and shall be exempt from the requirement of obtaining
a sign construction permit:
(a)
Governmental signs erected or authorized by a governmental unit
and temporary signs erected for no more than 60 days by not-for-profit
organizations located in the Township.
[Amended 12-19-2013 by Ord. No. 2013-11; 12-12-2018 by Ord. No. 2018-14]
(b)
Nameplate signs, provided that such signs are
limited to no more than one wall or ground sign per occupancy; are
not more than 75 square inches in area; are nonilluminated or externally
illuminated; and, if a ground sign, are not more than three feet in
height.
(c)
Warning signs (except for those required by
a governmental unit), provided that such signs are limited to no more
than two wall or ground signs per occupancy; are not more than three
square feet in area each; are nonilluminated; and, if a ground sign,
are not more than three feet in height.
(d)
Construction signs (except for those required
by a governmental unit), provided that such signs are limited to no
more than one wall or ground sign per parcel; are no more than 32
square feet in area; are nonilluminated; and are maintained for no
more than 14 days following the conclusion of the construction in
question.
(e)
Nonilluminated window signs visible in windows
of business uses abutting a public roadway or parking facility, provided
that the total graphic content coverage area of a window sign shall
not exceed 20% of the area of the window in which it is exhibited,
and the aggregate area of all window signs shall not exceed 15% of
the total window area of all windows containing any signs; provided,
however, that a minimum of 20 square feet of window signs will be
permitted regardless of window area covered.
(f)
Special event signs of no more than 12 square feet in area,
on no more than four occasions per year, provided that there is no
more than one placed in any business at any given time and it is nonilluminated
and is maintained for a period of no longer than 45 days before the
applicable event nor more than three days after such event.
[Amended 12-19-2013 by Ord. No. 2013-11]
(g)
Real estate signs, provided that such signs
are limited to no more than one wall or ground sign per property;
are not more than six square feet in area per residential lot or 10
square feet in area per nonresidential lot; are no higher than six
feet if a ground sign. Use of the word "sold" or any other notation
to indicate that the real estate is no longer on the market is specifically
prohibited.
(h)
On-site informational signs, provided that each
sign is limited to a wall, window or ground sign of not more than
two square feet in area and not more than seven feet in height above
grade. The sign may include a business name or logo but shall not
include any advertising message. In locations where more than one
business share a common vehicular access, signs marking entrances
and exits shall contain only the name of the shopping or business
center. Multiple signs identifying each tenant or use are specifically
prohibited.
(i)
Flags and emblems of a government or of a political,
civic, philanthropic, educational or religious organization.
(j)
Private sale and event signs, provided that
such signs are no more than 12 square feet in area; are located entirely
on the premises where such sale or event is to be conducted or on
other private property pursuant to the owner's consent; are clearly
marked with the name, address and telephone number of the person responsible
for the removal of such sign; are erected not more than 36 hours in
advance of such sale or 45 days in advance of such event; and are
removed on the day following the conclusion of such sale or event.
No more than one sign may be placed on any business or residential
property.
[Amended 12-19-2013 by Ord. No. 2013-11]
(k)
Portable signs but only for motor vehicle service
stations and subject to these restrictions:
(l)
Traffic signs and signals. Temporary or permanent
traffic signs and signals installed or authorized by the Township,
county, or state for the purpose of directing and regulating the flow
of traffic.
(m)
Public transportation sign. Signs indicating
public transportation stops when installed or authorized by the Township
or a public transportation authority or agency.
(n)
Vacated property signs. Only one such sign shall
be provided either affixed to a building wall or located within a
window; not exceeding six square feet in area; nor displayed for longer
than 60 days following vacating the property.
(o)
Signs on machines. Signs which are an integral
part of vending machines, including gasoline pumps, milk and ice machines,
provided that they do not collectively exceed three square feet in
area per machine.
(p)
Interior signs. Signs which are located within
building and not within 18 inches of a window visible from a public
street or public parking facility.
(q)
Political signs. Signs pertaining to federal, state, county
or local elections or signs constituting political speech, provided
that:
[Amended 12-19-2007 by Ord. No. 07-31; 7-11-2012 by Ord. No. 2012-08]
[1]
Erection/placement of the sign is with permission of the person(s)
or entity who/which own or have legal control over the property upon
which the sign is to be erected/placed.
[2]
Erection/placement of a sign pertaining to an election shall
not take place more than 45 days prior to the election and shall be
removed not more than seven days after the election.
[3]
Such signs shall not be more than 12 square feet in area if
located in a nonresidential district or more than six square feet
in area if located in a residential district.
[4]
Placement of signs within a public right-of-way shall comply
with each of the following:
[a]
There shall be at least 100 feet of separation
between signs of a particular candidate or campaign; and
[b]
No political sign shall be located or placed closer
than 10 feet to any other sign of a candidate or campaign.
[c]
All signs shall be clearly marked with the name
and address of the person responsible for such sign.
[5]
No signs shall be permitted on Township property.
[6]
A fine of $25 per day per sign shall be imposed for political
signs that are not conforming to the above requirements.
[7]
The Code Enforcement Officer is hereby authorized to enforce
the provisions of this section, each violation of which shall be deemed
a separate offense each day the violation continues.
(r)
Special sales signs, meeting the restrictions
of this subsection, displayed not more than three days prior to nor
three days after these "sale" days:
(s)
Temporary seasonal agricultural signs. Temporary seasonal agricultural
signs are permitted as of right both on site and off site to attract
and direct customers to farms and farm stands where goods and products
are for sale. However, the maximum size of the sign shall not exceed
30 inches by 30 inches and said signs, whether they be on site or
off site, shall be removed as soon as the products or goods for sale
are no longer in season. The content of the signs may include directions
to the farm as well as the types of farm goods or products available.
[Added 10-13-2010 by Ord. No. 2010-16]
(t)
Grand opening signs.
[Added 9-10-2014 by Ord. No. 2014-11]
[1]
A new business establishment may display flags, banners, including
vertical flag banners, or other temporary signage to indicate that
it is open for business for a period of 60 days from the date on which
the business enterprise is first opened to the public.
[2]
A zoning permit shall be required for grand opening signs, but
the fee therefor shall be waived.
(4)
Electronic signs. Electronic signs shall be permitted, subject to
the following regulations and restrictions:
[Added 9-10-2014 by Ord. No. 2014-11]
(a)
There is not more than one electronic sign per property.
(b)
The sign is affixed to the ground by uprights and maintains
a clearance of at least 2 1/2 feet from the ground to the bottom
of the sign.
(c)
The sign length is not more than 10 feet.
(d)
The sign does not have more than two parallel sign faces back
to back.
(e)
The sign depth between the sign faces is not more than two feet.
(f)
The sign height does not exceed 6 1/2 feet including the
ground clearance.
(g)
The message and/or graphic content displayed on the electronic
sign shall not be changed more than once per day.
(h)
The message and/or graphic content must be related to the permitted
use of the premises and/or activities held or provided on the premises,
except for public service messages approved by the Township.
(i)
Each message and/or graphic content shall fit onto one screen.
No scrolling or incomplete messages or graphic content shall be permitted.
(j)
Electronic signs shall not contain animation or any flashing,
scrolling, or moving lights, text, or graphic, or any type of video.
In all zones, the following display features and functions are prohibited
on an electronic sign: scrolling, traveling, flashing, spinning, rotating,
fade, dissolve, any other moving effects, and all dynamic frame effects,
3D holographic effects, and patterns of illusionary movement or simulated
movement.
(k)
The addition of an electronic sign to any nonconforming sign
is prohibited.
(l)
The sign shall not be located in any sight triangle.
(m)
The sign shall be set back a minimum of 15 feet from any lot
line.
(n)
The sign shall not be located in any required buffer area to
a residential use or to a residential district.
(o)
No electronic sign shall display an illuminative brightness
of such intensity or brilliance that it impairs the vision or endangers
the safety and welfare of any pedestrian, cyclist, or person operating
a motor vehicle.
(p)
The electronic sign shall have a default mechanism that shall
freeze the sign in one position or static message if a malfunction
occurs.
(q)
The sign shall conform to any other applicable development regulation.
(r)
Signs that indicate only the date, time, and/or temperature,
provided that the remainder of the sign remains static at all times,
are permitted in accordance with an approved site plan.
(s)
Signs at motor vehicle service stations that indicate only the
unit pricing of fuel, provided the remainder of the sign remains static
at all times, are permitted in accordance with an approved site plan.
(t)
An electronic sign located on a lot within or adjacent to a
residential zone district, and visible from such residential zone
district, shall not be illuminated between the hours of 11:00 p.m.
and 7:00 a.m. unless the use to which the sign pertains is open for
business during those hours.
(u)
All electronic signs shall have automatic dimming controls either
by photocell (hardwired) or by software settings such that the sign
shall not display an illuminative brightness that exceeds 300 NITS
at any time between 1/2 hour after sunset until 1/2 hour before sunrise
or 6,500 NITS between 1/2 hour before sunrise until 1/2 hour after
sunset.
(v)
An electronic sign may be constructed as a portion of a permitted
ground sign, provided the ground sign is a conforming sign and the
area apportioned to the electronic sign does not exceed 40 square
feet. Where the electronic sign is constructed as a portion of the
permitted ground sign, no other electronic sign shall be permitted
on the property.
(w)
The minimum letter height on an electronic sign shall be six
inches. The maximum letter height on an electronic sign shall be 25
inches.
(x)
An electronic sign which is six square feet or more in area
shall not be closer than 100 feet to a ground sign which is six square
feet in area.
(y)
Site plan approval is required for an electronic sign.
E.
Exempt signs. The following signs conforming in all
respects to the details for each sign type, shall be considered an
exempt development under this subsection when not requested as part
of an application for site plan or subdivision approval: Sign Types
A, B, and G1, G2, G3, G4, G5, W1, W2.
F.
Nonexempt signs. The following signs are not exempt
and require municipal agency approval:
G.
Variances and waivers. The Administrative Officer
shall observe the following in determining the need for approval of
variances and waivers in connection with development applications
for signs:
|
Nonconformity
|
Approval Required
|
Jurisdiction
| ||
|---|---|---|---|---|
|
1.
|
Sign not permitted or in excess of number of
signs permitted
|
Special reasons variance
|
Board of Adjustment
| |
|
2.
|
Failure to conform to particular standards for
a sign which is a conditional use
|
Variance
|
Board of Adjustment
| |
|
3.
|
Failure to conform to size, height or setback
requirement
|
Variance
|
Planning Board or Board of Adjustment
| |
|
4.
|
Failure to conform to particular other than
those included in Subsection 3 above
|
Design deficiency
|
Planning Board or Board of Adjustment
| |
H.
Sign classification.
(1)
Type A signs. The following signs shall be considered
Type A signs:
(a)
Memorial signs, provided that such signs are
limited to no more than one wall or ground sign per occupancy; are
made of durable materials, such as bronze, stone or concrete; are
not more than four square feet in area; and are nonilluminated.
(b)
Historical or architectural designation signs,
provided that such signs are limited to no more than one wall or ground
sign per occupancy; are no more than six square feet in area; are
not illuminated; and contain no commercial advertising.
(c)
Religious institution bulletin signs, provided
that such signs are limited to no more than one per site; are no more
than 20 square feet in area; and are no greater than six feet in height.
(d)
Multiple-family identification signs. Identification
signs accessory to a multiple-family dwelling, provided that such
signs are limited to no more than one wall or ground sign per building;
are no more than six square feet in area each; and if a ground sign,
are not more than five feet in height.
(e)
Home occupation signs, provided that such signs
are limited to no more than one wall sign per occupancy; are no more
than one square foot in area; and are nonilluminated.
(f)
Housing development signs. Signs in conjunction
with each housing development as follows:
[1]
At the main entry to the development, one nonilluminated
ground sign, located outside a sight triangle, which shall state the
name of the development and no other advertising message. The sign
shall not exceed 20 square feet in area nor six feet in height.
[2]
At the sales or rental office of the development,
one externally illuminated or nonilluminated ground sign advertising
the office, not to exceed 10 square feet in area nor four feet in
height.
[3]
Path marking signs, the sole purpose of which
is to direct the public to the housing development. Four temporary
nonilluminated ground signs may be located within the Township on
private property subject to written authorization of the property
owner. Each sign shall not exceed eight square feet in area and six
feet in height. Path marking signs shall be permitted for a period
of six months and may be renewed for additional periods of six months
during the construction period.
[4]
All housing development signs must be removed
no later than upon the issuance of the last certificate of occupancy
for development on the site.
[Amended 12-19-2013 by Ord. No. 2013-11]
[5]
At each entry to a housing development, one permanent ground
sign located outside a sight triangle, which may be illuminated, shall
be permitted. The sign shall state only the name of the development.
The sign shall not exceed 32 square feet in area nor six feet in height
and shall have a ground clearance of not less than 2 1/2 feet.
[Added 12-19-2013 by Ord. No. 2013-11]
(2)
(3)
Gasoline service station signs. The following signs shall be permitted:
[Added 12-12-2018 by Ord.
No. 2018-14[2]]
(a)
One freestanding digital sign not exceeding 20 feet in height and 120 square feet in area, inclusive of a maximum of 55 square feet of digital area following the requirements of § 95-8.7D(4).
(b)
Wall sign not to exceed 105 square feet. Additional wall signs shall be permitted in accordance with § 95-8.7, Exhibit 8-1, Schedule A.
(c)
Up to three canopy signs, each not to exceed 20% of the canopy
facade area.
(d)
Up to two directional signs, not exceeding three square feet
in area and four square feet in height.
(4)
Other signs. All other permitted signs shall be classified
as indicated in Schedule A attached hereto and made a part hereof.[3]
[Amended 12-12-2018 by Ord. No. 2018-14]
[3]
Editor's Note: Schedule A (Exhibit 8-1) is included as an attachment to this chapter.
(5)
Zone districts. Permitted signs within a zone district
shall be restricted to those sign classifications as indicated in
Schedule B below:
[Amended 9-10-2014 by Ord. No. 2014-11; 12-12-2018 by Ord. No. 2018-14]
|
Schedule B
Zone District Sign Regulations
| |
|---|---|
|
Zone District
|
Permitted Sign Types
|
|
Residential Zones(1) R-AG, R-R, R-40, R-40/20, R-30, R-20, R-20/PRC, R-5, R-20/PD, R-TF/TH,
R-AG/R-CH, R-AG/PRC-2
|
Minor signs, Type A signs
|
|
R-T(6)
|
Minor signs, Type A signs and for nonresidential
uses only, G-4 and G-5 signs
|
|
Commercial, industrial and planned development
zones(2),(3),(4)
| |
|
C-1, C-2, C-3, C-4, C-2M, LI
|
Minor signs, Type A signs, G-1, G-2, G-3, G-4,
G-5, W-1, W-2, R-1 signs, Type B signs
|
|
LB(6), PB, OP, OP-3,
OP-10, OP-10A
|
Minor signs, Type A signs G-3, G-4, G-5, W-2,
R-1 signs
|
|
CD(5)
|
Minor signs, Type A signs, G-2, G-3, G-4, G-5,
W-1, W-2, R-1 signs
|
|
GCRC(5)
|
Minor signs, Type A signs, G-3, G-4, G-5, W-1,
W-2, R-1 signs
|
|
SED-5, SED-20, SED-20/W
|
Minor signs, Type A signs, G-2 signs and other
signs as permitted in the OP-10 District
|
|
VC(7),(8),(9),(10),(11),(12)
|
Signs within the Village Commercial (VC) District
shall apply to the overall district and not individual lots within
the district.
|
|
All zones
|
Electronic signs are allowed in all zones only as an accessory
structure for a permitted nonresidential use or a conditional use.
Electronic message centers are otherwise prohibited in residential
zones.
|
|
NOTES:
|
|
(1)A conditional
use permitted within the zone district may use sign types G-4, G-5
and W-2.
|
|
(2)Sign Type G-1
may be located only along a frontage of 500 feet or more on a divided
arterial highway having four or more moving lanes.
|
|
(3)Sign Type G-2
may be located only along a frontage of 200 or more feet on a public
road where the permitted driving speed is greater than 40 miles per
hour.
|
|
(4)A ground sign
which is six square feet or more in area shall not be closer than
100 feet to any other ground sign which is six square feet or more
in area.
|
|
(5)Within the CD
or GCRC Districts, signs other than minor signs and Type A signs shall
be allowed only accessory to permitted nonresidential uses within
the development.
|
|
(6)In the LB and
RT districts, only externally illuminated signs shall be permitted.
|
|
(7)Pylon signs. Not
more than three pylon signs shall be permitted. Maximum height shall
be 25 feet and the maximum square footage shall not exceed 200 square
feet. Pylon signs shall be set back a minimum of 20 feet from any
property line. Pylon signs may be internally illuminated.
|
|
(8)Directory signs.
Within the VC District up to four directory signs shall be permitted,
which shall not exceed eight feet in height or 40 square feet in area.
|
|
(9)Tenant signs.
Individual tenants within the VC District shall be permitted one facade
sign which shall not exceed 20% of the front facade area, or one freestanding
sign not to exceed six feet in height of 30 square feet.
|
|
(10)Safety/directional
signs. Safety and directional signs not exceeding 42 inches in height
or three square feet shall be permitted in accordance with a plan
approved by the Planning Board.
|
|
(11)Traffic control
and handicap signs shall be permitted and shall be designed and located
in accordance with state regulations.
|
|
(12)Project identification
sign. A project identification sign shall be permitted at each entrance
to the site. Signs shall not exceed five feet in height and 50 feet
in area.
|
|
(13)Category Three restaurants with a drive-through are permitted one additional ground sign to serve as a menu board. This sign shall not exceed 40 square feet in area and seven feet in height, and shall be located along the drive-through lane out of sight of the public right-of-way. The sign may be internally illuminated in accordance with § 95-8.7.
|
|
(14)In the LB-W Zone District along
Wilson Avenue, wall signs may have an area of up to 15% of signable
area, with a maximum area of 120 square feet.
|
I.
Planning requirements for shopping centers, industrial
parks and office parks.
(1)
A shopping center, industrial park or office park
shall submit a program for signs to the Planning Board as part of
its submission for preliminary site plan approval. The program for
signs shall include signs proposed for display by the activities within
these developments.
(2)
The program for signs shall include a visual representation
of the lettering, illumination, color, area, height, placement and
location of the signs proposed for display.
(3)
The Planning Board may approve a program for signs
if the signs visually represented in the program are appropriate to
the function and architectural character of the shopping center, industrial
park or office park. The Board may apply such restrictions on color,
size, location, lettering style, illumination and number of signs
to the sign program as it deems appropriate to the purpose of encouraging
a desirable visual environment and promoting good civic design and
arrangements.
(4)
Signs displayed by, or by an activity within, a shopping
center, industrial park, or office park must comply with an approved
program for signs.
(5)
The ground sign designating the shopping center, industrial
park or office park shall not contain more than 10 items of information.
J.
Nonconforming signs. A nonconforming sign shall be
made to conform to the standards of this chapter when:
(1)
The sign is more than partially destroyed.
(2)
The sign has not been used for a period of six months
or longer.
(3)
The sign is substantially modified.
(4)
The sign is relocated on the same or different premises.
(5)
The sign is located on premises which are the subject
of site plan, subdivision, variance or conditional use approval.
A.
The circulation system shall be designed to permit
the convenient, safe, efficient and orderly movement of pedestrians
and vehicles. Where appropriate, design shall consider access to public
transportation facilities.
(1)
Off-street parking and loading space will be provided
in an amount and location sufficient to eliminate problems and minimize
the on-street curb parking of vehicles belonging to persons connected
with, employed by, delivering to or from, or visiting the proposed
use. Safe and adequate on-site pedestrian walk areas must be provided.
The interior road network must provide safe access to all required
off-street parking, loading and waste removal facilities for both
on-site and off-site ingress and egress purposes.
(2)
Where goods, merchandise, materials, or equipment
are delivered to, shipped from, or loaded at a use, an off-street
loading area must be planned and provided in accordance with the following
provisions to safely accommodate delivery, shipment, or loading operations:
(a)
The site plan application shall include a full
description of the nature and extent of the loading and unloading
operations to be undertaken at the use as well as the types of materials
involved, including any materials which may be hazardous, toxic or
have special handling considerations.
(b)
The site plan application shall identify the
number and types of vehicles, including but not limited to flatbed
trucks, tractor trailer trucks, tank trucks, and pickup trucks, that
shall be loaded or unloaded, the duration of the loading or unloading
operations, and the maximum number of vehicles by type expected to
be loading or unloading at a loading or unloading area at one time.
(c)
The site plan shall clearly identify each and
every area where loading and unloading operations will take place
and each location where a forklift vehicle will enter or exit a building
to assist in loading or unloading operations.
(d)
Loading or unloading areas must be of sufficient
size and dimension to accommodate the numbers and types of vehicles
that are likely to use and maneuver in the area given the nature of
the use and its operation. The site plan shall clearly dimension the
loading and unloading areas including the area required for vehicle
maneuvering.
(e)
Loading and unloading areas shall be so located
and designed so that vehicles can maneuver safely and without obstructing
any public right-of-way, or any parking space, parking lot aisle,
fire lane, vehicular circulation lane, or pedestrian path or sidewalk
or pedestrian crossing.
(f)
No area allocated to loading and unloading may
be used to satisfy the requirements for off-street parking or general
vehicular or pedestrian circulation nor shall any required off-street
parking area be used to satisfy the area requirements for loading
and unloading.
(g)
Forklifts shall not load, unload or operate
in an area designed for the general circulation of pedestrians or
vehicles within a shopping center or retail use. Forklift operations
within a shopping center or retail use shall be limited to loading
or unloading areas which conform to these provisions.
B.
Streets shall be designed to meet the needs of present
and future population. Streets shall have a simple and logical pattern,
shall respect natural features and topography, and shall present an
attractive streetscape.
(1)
The arrangement of streets shall conform to the Master
Plan.
(2)
For streets not shown on the Master Plan or Official
Map, the arrangement shall provide for the appropriate extension of
or interconnection with existing streets.
(3)
Streets shall be classified in a street hierarchy
system with design tailored to function.
C.
In conventional developments, pedestrian walks shall
be placed parallel to the street, with exceptions permitted to preserve
natural features or to provide visual interest. In planned developments,
walks may be placed away from the road system, but they may also be
required parallel to the street for safety reasons, as determined
by the Planning Board.
D.
Traffic access and impact study required.
(1)
A traffic access and impact study shall be submitted
whenever a proposed development generates 100 additional vehicle trips
in the peak direction (inbound or outbound) during a site's peak traffic
hours. In addition, the municipal agency, upon recommendation of its
professional staff, may require submittal of traffic access and impact
study for developments generating a lower number of peak hour trips
under the following circumstances:
(a)
The existence of current traffic problems in
the area.
(b)
The current or projected level of service of
the roadway system adjacent to the development will be significantly
impacted.
(c)
The ability of the roadway system to handle
increased traffic or the feasibility of improving the roadway system
to handle increased traffic needs to be determined.
(d)
Other specific problems or deficiencies that
may be affected by the proposed development or affect the ability
of the development to be satisfactorily accommodated.
(2)
A traffic access and impact study shall address all
roads, ramps and intersections through which peak hour site traffic
composes at least 5% of the existing capacity on an intersection approach,
or roadway sections on which accident potential or residential traffic
character may be significantly impacted.
(3)
The following shall be addressed by the traffic access
and impact study:
(b)
Land uses:
[1]
Current land use, densities and occupancy in
vicinity of site.
[2]
Approved development projects and planned completion
dates, densities and land use types.
[3]
Anticipated development on other undeveloped
parcels.
[4]
Municipal Master Plan and county and state plan
recommendations.
[5]
Zoning in vicinity.
[6]
Absorption rates by type of development.
[7]
Current and future population and employment
within the study area.
[8]
Current street system characteristics including
cartway width, posted speed limits, prevailing operating speeds, parking
availability, sight distances, safety hazards, right-of-way lanes,
access control and signal control including signal timings.
[9]
Functional classification of roadways.
[10]
Planned circulation system in
the study including improvements.
[11]
Public transportation availability.
[12]
Curb and off-site parking facilities.
[13]
Improvements needed to maintain
a satisfactory level of service for the area.
[14]
Implementation, timing and funding
of study area transportation improvements.
[15]
Obstacle to implementation of
improvements.
E.
Level-of-service standard.
(1)
The present level of service for intersections and
roadway segments within suburban and corridor development areas, as
identified in the Township Master Plan, should be maintained and not
allowed to deteriorate, provided that the minimum acceptable level
is "D" as defined in the 1985 Highway Capacity Manual of the Transportation
Research Board. Where existing levels of service are below the minimum
acceptable level, the existing level of service should not be allowed
to further deteriorate and consideration shall be given to cost-effective
improvements and traffic management techniques which would improve
the level of service.
(2)
The present level of service for intersections and
roadway segments within rural development areas, as identified in
the Township Master Plan, should be maintained provided the minimum
acceptable level of service is "C." Where existing levels of service
are below the minimum, the level should not be allowed to further
deteriorate and consideration shall be given to cost-effective improvements
and traffic management techniques to improve the level of service.
F.
Conformity with Access Management Code. Development
design shall conform to the following:
(1)
The State Highway Access Management Code adopted by
the Commissioner of Transportation pursuant to N.J.S.A. 27:7-91 with
respect to state highways within the Township;
(2)
Conformity with any access management code adopted
by the County of Monmouth under N.J.S.A. 27:16-1;
(3)
Conformity with any Township access management code
adopted pursuant to N.J.S.A. 40:67-1 with respect to municipal streets;
and
(4)
A Township access management plan prepared pursuant
to the revisions to N.J.S.A. 40:67-1.
[Amended by Ord. No. 95-14]
Where open space is proposed or required as
part of a development, it shall adhere to the requirements of this
subsection and to the provisions of the applicable planned development
district. Developed common open space is to be designed to provide
active and passive recreational facilities to serve the residents
of the development. Undeveloped common open space is to be designed
to preserve important site amenities and environmentally sensitive
areas.
A.
Amount of common open space required. The amount of
common open space proposed shall adhere to the applicable requirements
of the zone district or planned development standards or conditional
use provisions.
(1)
Absent other provisions specified for the particular
type of planned development, at least 25% of the gross tract area
shall be restricted as common open space. The portion of the gross
tract area which is restricted as common open space shall encompass
at least 25% of the net tract area. The net tract area is that area
of the tract which is not encroached upon by freshwater wetlands,
wetlands transition areas, detention basins, the area of the one-hundred-year
floodplain, floodways, steep slopes of 15% or greater, existing easements,
buildings, parking lots, and private space, such as patios or yards,
not available for common use.
(2)
(Reserved)
(3)
No dimension shall be less than 75 feet.
(4)
The minimum contiguous area of an open space parcel
shall be 20,000 square feet.
B.
The area of each parcel of open space shall be of
such dimensions as to be usable for its intended purpose.
C.
A circulation plan showing a path system throughout
the development which provides reasonable access to both the developed
and undeveloped common space shall be provided.
D.
Developed common open space. The Planning Board or
other approving authority may approve the installation of recreational
facilities as part of developed open space. In all planned residential
developments of 50 dwelling units or more, active recreation facilities
consisting of playgrounds, playfields, parks or other recreation suitable
to the development shall be provided as part of the developed common
open space. Such facilities shall be conveniently located and accessible
to all dwelling units and adhere to the following:
(1)
One active recreation area shall be provided for each
300 persons or 75 children of projected population. Such areas shall
not be less than four acres.
(2)
For developments of more than 300 persons, active
recreation or park space shall be provided at the rate of 10.25 acres
per 1,000 population.
E.
Undeveloped common open space. Undeveloped common
open space should be left in its natural state. A developer, however,
may make limited improvements for the installation of utilities, detention
basins, stormwater management, necessary grading and the provision
of picnic areas, jogging and exercise trails, etc. In addition, the
Planning Board may require a developer to make other improvements
such as removal of dead or diseased trees; thinning of trees or other
vegetation to encourage more desirable growth; reforestation of areas
disturbed for utility installation; and grading and seeding, subject
to approval by all regulatory agencies.
F.
Deed restrictions. Any lands dedicated for common
open space purposes shall contain covenants and deed restrictions
approved by the Municipal Attorney that ensure that:
G.
Common open space ownership. The Township or other
governmental agency approved by the Township, at any time and from
time to time, may accept the dedication of land or any interest therein
for public use and maintenance, but the Township shall not require,
as a condition of the approval of a planned development, that land
proposed to be set aside for common open space be dedicated or made
available to public use. The developer shall provide for an organization
for the ownership and maintenance of any open space for the benefit
of owners or residents of a planned development, if the open space
is not dedicated to the municipality or other governmental agency.
The type of ownership of land dedicated for common open space purposes
shall be selected by the applicant subject to the approval of the
municipal agency. Type of ownership may include, but is not necessarily
limited to, the following:
(1)
The Township of Manalapan, subject to acceptance by
the governing body of the municipality.
(2)
Homeowner, condominium, or cooperative associations
or organizations.
(3)
Shared, undivided interest by all property owners
in the subdivision.
(4)
Any organization provided for by the developer to
own or maintain open space shall not be dissolved and shall not dispose
of any of its open space without first offering to dedicate such property,
without cost, to the Township of Manalapan.
H.
Homeowners' association. If the common open space
is owned and maintained by a homeowner or condominium association,
the developer shall file a declaration of covenants and restrictions
that will govern the association, to be submitted with the application
for the preliminary approval. The provisions shall include, but are
not necessarily limited to, the following:
(1)
The homeowners' association must be established before
the sale of any residential unit.
(2)
Membership shall be mandatory for each buyer and any
successive buyer.
(3)
The open space restrictions shall be permanent.
(4)
The association shall be responsible for liability
insurance, local taxes, and the maintenance and replacement of recreational
and other facilities.
(5)
Homeowners shall pay their pro rata share of the cost;
the assessment levied by the association can become a lien on the
property if allowed in the master deed establishing the homeowners'
association.
(6)
The association must be able to adjust the assessment
to meet changed needs.
I.
Maintenance of open space areas. In the event that
a nonmunicipal organization with the responsibility for the common
open space fails to maintain it in reasonable order and condition,
then the Township Committee of Manalapan Township, in accordance with
N.J.S.A. 40:55D-43, may correct such deficiencies and assess the cost
of maintenance against the properties within the development.
Materials designated in Chapter 198, Solid Waste, Article II, Recycling, shall be separated from other solid waste by the generator and storage area for recyclable materials which shall be provided as follows:
A.
Residential development (single-family and two-family
dwellings). Each major application shall include provisions for the
collection, disposition and recycling of recyclable materials. For
major applications, each single-family unit or unit within a two-family
dwelling should provide at least 12 square feet of floor area conveniently
arranged and located as a holding area for a four week accumulation
of mandated recyclables (including but not limited to newspapers,
glass bottles, aluminum cans, tin and bimetal cans). The storage area
may be within a laundry room, basement or garage.
B.
Multifamily development.
(1)
There shall be included in any new multifamily
housing development that requires subdivision or site plan approval
an indoor or outdoor recycling area for the collection and storage
of residentially generated recyclable materials.
(2)
The dimensions of the recycling area shall be
sufficient to accommodate recycling bins or containers which are of
adequate size and number, and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located. The dimensions of the recycling area and the
bins or containers shall be determined in consultation with the municipal
recycling coordinator, and shall be consistent with the district recycling
plan adopted pursuant to Section 3 of P.L. 1987, c. 192 (N.J.S.A.
13:1E-99.13) and any applicable requirements of the municipal Master
Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.
(3)
The recycling area shall be conveniently located
for the residential disposition of source separated recyclable materials,
preferably near, but clearly separated from, a refuse dumpster.
(4)
The recycling area shall be well lit, and shall
be safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling area, and the bins or containers
placed therein, against theft of recyclable materials, bins or containers.
(5)
The recycling area or the bins or containers
placed therein shall be designed so as to provide protection against
adverse environmental conditions which might render the collected
materials unmarketable. Any bins or containers which are used for
the collection of recyclable paper or cardboard, and which are located
in an outdoor recycling area, shall be equipped with a lid, or otherwise
covered, so as to keep the paper or cardboard dry.
(6)
Signs clearly identifying the recycling area
and the materials accepted therein shall be posted adjacent to all
points of access to the recycling area. Individual bins or containers
shall be equipped with signs indicating the materials to be placed
therein.
(7)
Landscaping and/or fencing shall be provided
around any outdoor recycling area and shall be developed in an aesthetically
pleasing manner.
C.
Nonresidential development. For each site plan application
for commercial and industrial development that utilizes 1,000 or more
square feet of land, the applicant shall provide the Township of Manalapan
Planning Board and/or Board of Adjustment with estimates of the quantity
of mandated recyclable materials (including but not limited to newspaper,
glass bottles, aluminum cans, tin and bimetal cans, high-grade paper
and corrugated cardboard) that will be generated by the development
during each week. A separate storage area must be provided to accommodate
a one- to four-week accumulation of recyclable materials. The Township
of Manalapan Planning Board or Board of Adjustment may require the
location of one or more common storage areas at convenient locations
within the development. The storage area shall be designed for truck
access for pick up of materials and be suitably screened from view
if located outside a building.
D.
The recyclable materials designated in this section shall not be deemed to be the exclusive recyclables to be considered during a development application. If and in the event Chapter 198, Article ll, shall be amended to provide for other recyclable materials, the Planning Board and/or Board of Adjustment shall require an applicant to make accommodations for additionally designated recyclables.
Where a minor or major development is traversed
by a water course, open drainageway, channel or stream, area of special
flood hazard, wetland, or wetland transition area, or for the purpose
of preserving steep slopes, trees and other natural growth/and or
for preserving and providing an open space buffer along lot lines
as applicable and desirable for specific subdivision and site plan
locations and layouts, a conservation, open space, drainage, or utility
right-of-way easement shall be furnished to the Township by the developer.
A.
This easement shall prohibit the removal of trees
and ground cover except for the following purposes: the installation
and maintenance, and replacement of drainage facilities and utilities,
the removal of dead or diseased trees, limited to thinning of trees
and growth to encourage the most desirable growth, and the removal
of trees to allow for structures designed to impound water or in areas
to be flooded in the creation of ponds or lakes, and, within wetlands
and wetlands transition areas, such activities as are permitted pursuant
to the New Jersey Freshwater Wetlands Protection Act.
B.
No structures, except those required for drainage
and utilities or to impound water shall be located in this easement,
and, within wetlands and wetlands transition areas, such activities
as are permitted pursuant to the New Jersey Freshwater Wetlands Protection
Act.
C.
The easements shall be indicated on the preliminary
and final plat and shown in such a manner that the boundaries thereof
can be accurately determined should the necessity arise in the future.
D.
The boundary line of any easement shall be monumented
at its intersection with all existing or proposed street lines.
E.
Such easement dedication shall be expressed on the
preliminary and final plat and specifically indicate the type of easement
and the specific public authority to which it is being granted.
F.
No relocation, construction or reconstruction shall
take place within the area of the easement, nor shall any structures
be located within such area, nor shall any action be taken which will
alter or impair the effectiveness or present or future drainage facilities
or cause soil erosion without prior approving authority or Township
Committee approval.
G.
All easements for underground utilities shall be a
minimum of 30 feet in width. If more than one underground utility
is to be placed within the easement, an additional dedicated width
of five feet for each additional underground utility is required.
Easement width shall be subject to the review of the Township Engineer
based upon the type of underground utility, conduit or pipeline diameter
and the depth of bury.
[Added 9-18-2002 by Ord. No. 02-24]
A.
The purpose of these stream corridor regulations is
to:
(1)
Improve the management, care, and conservation
of the water resources of Manalapan Township.
(2)
Protect significant ecological components of
stream corridors such as floodplains, woodlands, steep slopes and
wildlife and plant life habitats within the stream corridors of the
watershed; and prevent flood-related damage to the communities of
the watershed.
(3)
Complement existing state, regional, county
and municipal stream corridor and flood hazard protection and management
regulations and initiatives.
(4)
Coordinate the regulation of development within
stream corridors in a manner complementary and consistent with the
Township's other regulatory approaches regarding critical and environmentally
sensitive areas, including the Township Flood Hazard Overlay District.
(5)
Reduce the amount of nutrients, sediment, organic
matter pesticides, and other harmful substances that reach watercourses,
and subsurface and surface water bodies by using scientifically proven
processes including filtration, deposition, absorption, adsorption,
plant uptake, biodegradation, denitrification and by improving infiltration,
encouraging sheet flow, and stabilizing concentrated flows.
(6)
Regulate the land use, siting and engineering
of all development to be consistent with the intent and objectives
of this chapter and accepted conservation practices.
(7)
Conserve natural, scenic, and recreation areas
within and adjacent to streams and water bodies.
(8)
Support the water resource policies of the New
Jersey State development and redevelopment plan.
(9)
Advance the purposes of the New Jersey Municipal
Land Use Law with particular regard to those purposes set forth pursuant
to N.J.S.A. 40:55D-2a,b,d,i, and j.
B.
Applicability.
(1)
All tracts that are the subject of an application
for subdivision, site plan, conditional use, or variance approval
that fall in whole or in part within a stream corridor or stream corridor
buffer or the Flood Hazard Overlay District shall be subject to the
standards set forth in this section.
(2)
Review of any land disturbance in a stream corridor
or stream corridor buffer or the Flood Hazard Overlay District shall
be undertaken as part of the application review by the municipal agency.
C.
Standards.
(1)
Permitted activities. Stream corridors and stream
corridor buffers shall remain in their natural state, with no clearing
or cutting of trees and brush (except for removal of dead vegetation
and pruning for reasons of public safety), altering of watercourses,
regrading or construction, except for the following activities:
(a)
Wildlife sanctuaries, woodland preserves and
arboretums, but excluding enclosed structures.
(b)
Game farms, fish hatcheries, and fishing reserves,
operated for the protection and propagation of wildlife, but excluding
enclosed structures.
(c)
Hiking, bicycle, and bridle trails, including
bridges or other structures appurtenant thereto constructed.
(d)
Trails or pathways, including bridges or other
structures appurtenant thereto constructed and/or maintained by or
under the authority of the Township for the purpose of providing access
to public recreation areas.
(e)
Fishing areas.
(f)
Cultivation of the soil for agricultural or
horticultural production, pasture, and similar agricultural uses undertaken
in accordance with agricultural best management practices to reduce
or prevent nonpoint source pollution.
(2)
Location of activities on tracts partially within
stream corridors.
(a)
All new lots in major and minor subdivisions
and site plans shall be designed to provide sufficient areas outside
of stream corridors and stream corridor buffers to accommodate principal
buildings and uses as well as any permitted accessory uses.
(b)
The municipal agency may allow an average stream
corridor buffer width of 100 feet from the one-hundred-year floodline,
thus allowing reasonable flexibility to accommodate site planning
when necessitated by the size and shape of the tract and physical
conditions thereon. The stream corridor width may be reduced to a
minimum of 75 feet from the one-hundred-year floodline provided there
is an equivalent increase in the width elsewhere on site and that
all relevant permits (e.g., stream encroachment, freshwater wetlands)
are obtained.
(3)
Activities in stream corridors and stream corridor buffers when there is no reasonable or prudent alternative. The municipal agency may permit the following in a stream corridor when subdivisions or site plans cannot be designed in the manner set forth in § 95-8.12C(1) if the municipal agency determines that there is no other reasonable or prudent alternative to placement in the stream corridor or stream corridor buffer.
(a)
Recreational use, whether open to the public
or restricted to private membership, such as parks, camps, picnic
areas, golf courses, sports, or boating clubs, not to include enclosed
structures, but permitting piers, docks, floats, or shelters usually
found in developed outdoor recreational areas.
(b)
Outlet installation for sewage treatment plants
and sewage pumping stations and the expansion of existing sewage treatment
facilities.
(c)
Private or public water supply wells that have
a sanitary seal, flood-proofed water treatment facilities, or pumping
facilities.
(d)
Dredging or grading when incidental to permitted
structures or uses, including stream cleaning and stream rehabilitation
work undertaken to improve hydraulics or to protect public health.
(e)
Dams, culverts, bridges, and roads provided
that they cross the corridor directly as practical.
(f)
Sanitary or storm sewers.
(g)
Utility transmission lines installed during
periods of low stream flow in accordance with soil erosion and sediment
control practices and approved by the State Soil Conservation District
in a manner that will not impede flows or cause ponding of water.
(h)
Stormwater management facilities such as detention
basins and outfall facilities.
(i)
Essential services.
(4)
Prohibited activities. All activities not permitted
pursuant to § 95-8.12c(1), (2) and (3) shall be prohibited.
In no circumstance shall the following be permitted as exceptions
to such subsections.
(5)
Provisions governing activities in stream corridors
and stream corridor buffers.
(a)
The applicant for any activity permitted in
a stream corridor or stream corridor buffer shall rehabilitate any
degraded areas within the stream corridor, in a manner acceptable
to the municipal agency, as the case may be, unless the applicant
demonstrates that it is economically infeasible to do so.
(c)
The applicant shall provide whatever additional
measures are necessary to ensure that areas designated as stream corridors
and stream corridor buffers will be preserved and to prevent additional
encroachments in the stream corridor likely to occur as a result of
the approval granted.
(d)
The municipal agency may require conservation
easements or deed restrictions ensuring that there will be no further
intrusion on the stream corridor than that permitted by the activity
approved.
(6)
Submission requirements. An applicant for an
activity in a stream corridor or stream corridor buffer shall submit
to the municipality a map at a scale of not less than one inch equals
100 feet of the project site delineating the following, using the
best available information:
(a)
One-hundred-year floodline which shall be the
line formed by the area inundated by a one-hundred-year flood which
is the flood estimated to have a one percent chance of being equaled
or exceeded in any one year;
(b)
State wetland boundary lines;
(c)
The stream corridor and stream corridor buffer
boundary;
(d)
Any steep slopes located within the site; and
(e)
The location of all improvements and land disturbance
proposed to be located within any of the above boundaries.
[Added 2-24-2021 by Ord. No. 2021-02]
A.
Scope and purpose.
(1)
Policy statement.
(a)
Flood control, groundwater recharge, and pollutant reduction
shall be achieved through the use of stormwater management measures,
including green infrastructure best management practices (GI BMPs)
and nonstructural stormwater management strategies. GI BMPs and low-impact
development (LID) should be utilized to meet the goal of maintaining
natural hydrology to reduce stormwater runoff volume, reduce erosion,
encourage infiltration and groundwater recharge, and reduce pollution.
GI BMPs and LID should be developed based upon physical site conditions
and the origin, nature and the anticipated quantity, or amount, of
potential pollutants. Multiple stormwater management BMPs may be necessary
to achieve the established performance standards for water quality,
quantity, and groundwater recharge.
(3)
(4)
Compatibility with other permit and ordinance requirements.
(a)
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
B.
Definitions.
(1)
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
(a)
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(a)
(b)
(c)
(d)
(e)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(a)
[1]
[2]
[3]
REGULATED MOTOR VEHICLE SURFACE
(a)
(b)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA Centers, CAFRA Cores, and CAFRA Nodes.
The CAFRA Planning Map is available on the Department's geographic
information system (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
In the case of development of agricultural land, "development"
means any activity that requires a state permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
in consultation and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope-grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
The Township of Manalapan.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 95-8.13D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance (except those regulated under the Atomic Energy Act of 1954,
as amended [42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface:
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
C.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
(a)
The minimum standards for erosion control are those established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq., and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 95-8.13L.
(2)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
as documented in the Department's Landscape Project or Natural Heritage
Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150,
particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergi
(bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 95-8.13D(16) through (18):
(a)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 95-8.13D(15) through (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(b)
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 95-8.13D(15) through (18) to the maximum extent practicable;
(c)
The applicant demonstrates that, in order to meet the requirements of § 95-8.13D(15) through (18), existing structures currently in use, such as homes and buildings, would need to be condemned; and
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 95-8.13D(15) through (18) that were not achievable on-site.
(5)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 95-8.13D(15) through (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are
different due to updates or amendments with the tables in this section,
the BMP tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation From Seasonal High Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a) (g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
With a Waiver or Variance From N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation From Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
Only With a Waiver or Variance From N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation From Seasonal High Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
NOTES TO TABLES 1, 2, AND 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 95-8.13D(15)(b).
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains.
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 95-8.13B.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 95-8.13B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the Township. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 95-8.13D(15). Alternative stormwater management measures may be used to satisfy the requirements at § 95-8.13D(15) only if the measures meet the definition of green infrastructure at § 95-8.13B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 95-8.13D(15)(b) are subject to the contributory drainage area limitation specified at § 95-8.13D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 95-8.13D(15) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 95-8.13D(4) is granted from § 95-8.13D(15).
(8)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed and demonstrated
not to negatively impact wetlands or watercourses on site or adjacent
to the property;
(c)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 95-8.13I(3);
(d)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion-resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
(e)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 95-8.13I; and
(f)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(10)
Manufactured treatment devices may be used to meet the requirements of this subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at § 95-8.13B may be used only under the circumstances described at § 95-8.13D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of major development at § 95-8.13B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 95-8.13D(15) through (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 95-8.13D(16) through (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(13)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded with the office of the Monmouth County Clerk. A form of deed notice shall be submitted to the Township for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 95-8.13D(15) through (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 95-8.13L(2)(d). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(14)
A stormwater management measure approved under the Township stormwater management plan or ordinance may be altered or replaced with the approval of the Township, if the Township Engineer determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 95-8.13D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the Monmouth County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with the above.
(15)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 95-8.13D(16) through (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 95-8.13D(6) and/or an alternative stormwater management measure approved in accordance with § 95-8.13D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
1 acre
|
(c)
To satisfy the stormwater runoff quantity standards at § 95-8.13D(18), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 95-8.13D(7).
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 95-8.13D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 95-8.13D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 95-8.13D(16) through (18).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 95-8.13D(16) through (18), unless the project is granted a waiver from strict compliance in accordance with § 95-8.13D(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 95-8.13F, either:
[1]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual preconstruction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post-construction for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection D(16)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department-approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
[2]
Industrial stormwater exposed to source material.
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
(17)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
[1]
Eighty percent TSS removal of the anticipated load,
expressed as an annual average shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4
| |||||
|---|---|---|---|---|---|
|
Water Quality Design Storm Distribution
| |||||
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.17280
|
81
|
1.09060
|
|
2
|
0.00332
|
42
|
0.17960
|
82
|
1.09720
|
|
3
|
0.00498
|
43
|
0.18640
|
83
|
1.10380
|
|
4
|
0.00664
|
44
|
0.19320
|
84
|
1.11040
|
|
5
|
0.00830
|
45
|
0.20000
|
85
|
1.11700
|
|
6
|
0.00996
|
46
|
0.21170
|
86
|
1.12360
|
|
7
|
0.01162
|
47
|
0.22330
|
87
|
1.13020
|
|
8
|
0.01328
|
48
|
0.23500
|
88
|
1.13680
|
|
9
|
0.01494
|
49
|
0.24660
|
89
|
1.14340
|
|
10
|
0.01660
|
50
|
0.25830
|
90
|
1.15000
|
|
11
|
0.01828
|
51
|
0.27830
|
91
|
1.15500
|
|
12
|
0.01996
|
52
|
0.29830
|
92
|
1.16000
|
|
13
|
0.02164
|
53
|
0.31830
|
93
|
1.16500
|
|
14
|
0.02332
|
54
|
0.33830
|
94
|
1.17000
|
|
15
|
0.02500
|
55
|
0.35830
|
95
|
1.17500
|
|
16
|
0.03000
|
56
|
0.41160
|
96
|
1.18000
|
|
17
|
0.03500
|
57
|
0.46500
|
97
|
1.18500
|
|
18
|
0.04000
|
58
|
0.51830
|
98
|
1.19000
|
|
19
|
0.04500
|
59
|
0.57170
|
99
|
1.19500
|
|
20
|
0.05000
|
60
|
0.62500
|
100
|
1.20000
|
|
21
|
0.05500
|
61
|
0.67830
|
101
|
1.20500
|
|
22
|
0.06000
|
62
|
0.73170
|
102
|
1.21000
|
|
23
|
0.06500
|
63
|
0.78500
|
103
|
1.21500
|
|
24
|
0.07000
|
64
|
0.83840
|
104
|
1.22000
|
|
25
|
0.07500
|
65
|
0.89170
|
105
|
1.22500
|
|
26
|
0.08000
|
66
|
0.91170
|
106
|
1.22670
|
|
27
|
0.08500
|
67
|
0.93170
|
107
|
1.22840
|
|
28
|
0.09000
|
68
|
0.95170
|
108
|
1.23000
|
|
29
|
0.09500
|
69
|
0.97170
|
109
|
1.23170
|
|
30
|
0.10000
|
70
|
0.99170
|
110
|
1.23340
|
|
31
|
0.10660
|
71
|
1.00340
|
111
|
1.23510
|
|
32
|
0.11320
|
72
|
1.01500
|
112
|
1.23670
|
|
33
|
0.11980
|
73
|
1.02670
|
113
|
1.23840
|
|
34
|
0.12640
|
74
|
1.03830
|
114
|
1.24000
|
|
35
|
0.13300
|
75
|
1.05000
|
115
|
1.24170
|
|
36
|
0.13960
|
76
|
1.05680
|
116
|
1.24340
|
|
37
|
0.14620
|
77
|
1.06360
|
117
|
1.24500
|
|
38
|
0.15280
|
78
|
1.07040
|
118
|
1.24670
|
|
39
|
0.15940
|
79
|
1.07720
|
119
|
1.24830
|
|
40
|
0.16600
|
80
|
1.08400
|
120
|
1.25000
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
Total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 95-8.13D(16) through (18).
(g)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the surface water quality standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(18)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 95-8.13F, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the preconstruction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
E.
Stormwater management requirements for nonmajor developments.
(1)
The following requirements shall apply to all developments that
require minor or major site plan or subdivision approval from the
Manalapan Township Land Use Board but are not defined as a major development.
(2)
A property owner shall not regrade or construct improvements
on their property, such as retaining walls, landscape beds, sheds
or pools in such a manner that will adversely impact the flow of stormwater
runoff onto an adjoining property. Regrading a property, inclusive
of activities related to farming or agriculture, in a manner that
increases the peak rate of runoff or volume of runoff directed toward
an adjacent property shall not be permitted without a grading or stormwater
management plan approval issued by the Township Engineer.
F.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance with the
following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National
Engineering Handbook, incorporated herein by reference as amended
and supplemented. This methodology is additionally described in Technical
Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June
1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[2]
For sites less than one acre, the Rational Method for peak flow
and the Modified Rational Method for hydrograph computations. The
rational and modified rational methods are described in "Appendix
A-9 Modified Rational Method" in the Standards for Soil Erosion and
Sediment Control in New Jersey, January 2014. This document is available
from the State Soil Conservation Committee or any of the Soil Conservation
Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address,
and telephone number for each Soil Conservation District is available
from the State Soil Conservation Committee, PO Box 330, Trenton, New
Jersey 08625. The document is also available http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 95-8.13F(1)(a)[1] and the Rational and Modified Rational Methods at § 95-8.13F(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures that
may reduce preconstruction stormwater runoff rates and volumes, such
as ponds, wetlands, depressions, hedgerows, or culverts.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance with the
following:
(a)
The New Jersey Geological Survey Report GSR-32, A Method for
Evaluating Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf;
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
G.
Sources for technical guidance:
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the NJDEP's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(2)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(3)
Additional maintenance guidance is available on the NJDEP website
at https://www.njstormwater.org/maintenance_guidance.htm.
(4)
Submissions required for review by the Department should be
mailed to the Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
H.
Solids and floatable materials control standards:
(1)
Site design features identified under § 95-8.13D(6) above, or alternative designs in accordance with § 95-8.13D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see § 95-8.13H(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
[2]
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inches across the smallest dimension. Examples of grates
subject to this standard include grates in grate inlets, the grate
portion (non-curb-opening portion) of combination inlets, grates on
storm sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
[3]
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
(b)
The standard in § 95-8.13H(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
[2]
Where the Township has determined that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end-of-pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[a]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[b]
A bar screen having a bar spacing of 0.5 inches.
[c]
Note that these exemptions do not authorize any
infringement of requirements in the Residential Site Improvement Standards
for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1];
[4]
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
[5]
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
I.
Safety standards for stormwater management basins:
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
The Township may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 95-8.13I(3) below for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions:
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
[4]
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live-loading of
300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
[3]
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion-resistant, and shall be designed to
withstand a perpendicular live-loading of 300 pounds per square foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape
provisions shall be incorporated in or on the structure. Escape provisions
include the installation of permanent ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management BMPs. With the prior approval of the Board Engineer, a
freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one feet to 1 1/2 feet above the permanent water surface. See Subsection I(7) for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
four horizontal to one vertical.
(4)
The top-of-bank for stormwater management basins constructed
in cut and toe of slope for basins constructed in fill shall be located
no closer than 25 feet to an existing or proposed property line.
(5)
Detention basins shall be sodded, attractively buffered and
landscaped, and designed as to minimize propagation of insects, particularly
mosquitoes. All landscaping and buffering shall be approved by the
Township. No trees or shrubs shall be permitted on slopes or banks
for facilities constructed in fill. All detention and retention basins
with permanent dry weather pools of water shall have a water depth
to minimize propagation of mosquitoes and provided with mechanical
aeration for water quality.
(6)
Variance or exemption from safety standard.
(a)
A variance or exemption from the safety standards for stormwater
management BMPs may be granted only upon a written finding by the
Township Engineer that the variance or exemption will not constitute
a threat to public safety.
(7)
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
J.
Stormwater management: system strategy.
(1)
A system emphasizing a natural as opposed to an engineered drainage
strategy shall be encouraged. This shall include, but not be limited
to, the use of vegetative swales in lieu of storm sewer inlets and
piping.
(2)
When conditions allow, it shall be required to direct building
(residential and commercial) roof leaders to dry wells consistent
with the New Jersey Stormwater Best Management Practices Manual latest
revision. Soil logs, together with permeability or percolation test
results, should be submitted to the Township or Planning Board Engineer
for review.
(3)
The applicability of a natural approach depends on such factors
as site storage capacity, open channel hydraulic capacity, and maintenance
needs and resources.
(4)
Hydraulic capacity for open channel or closed conduit flow shall
be determined by the Manning equation, or charts/nomographs based
on the Manning equation. The hydraulic capacity is termed "Q" and
is expressed as discharge in cubic feet per second.
(5)
Velocities in open channels at design flow shall not be less
than 0.5 foot per second and not greater than that velocity which
will begin to cause erosion or scouring of the channel.
(6)
Velocities in closed conduits at design flow shall be at least
two feet per second but not more than the velocity which will cause
erosion damage to the conduit.
(7)
Stormwater management system design for pipe capacity, materials,
and placement.
(a)
Pipe size shall be dictated by design runoff and hydraulic capacity.
(b)
Hydraulic capacity shall be determined by the Manning equation,
except where appropriate capacity shall be based on tailwater analysis
and one-year high tide.
(c)
In general, no pipe size in the storm drainage system shall
be less than fifteen-inch diameter. A twelve-inch diameter pipe will
be permitted as a cross drain to a single inlet.
(d)
All discharge pipes shall terminate with a precast concrete
or corrugated metal end section or a cast-in-place concrete headwall
with or without wingwalls as conditions require. In normal circumstances,
a cast-in-place concrete headwall is preferred. Use of other types
shall be justified by the designer and approved by the engineer.
(e)
Materials used in the construction of storm sewers shall be
constructed of reinforced concrete, ductile iron, corrugated aluminum,
or corrugated steel. In normal circumstances, reinforced concrete
pipe is preferred. Use of other types shall be justified by the designer
and approved by the engineer. Specifications referred to, such as
ASA, ASTM, AWWA, etc., should be the latest revision.
[1]
Reinforced concrete pipe:
[a]
Circular reinforced concrete pipe and fittings
shall meet the requirements of ASTM C-76.
[b]
Elliptical reinforced concrete pipe shall meet
the requirements of ASTM C-507.
[c]
Joint design and joint material for circular pipe
shall conform to ASTM C-443.
[d]
Joints for elliptical pipe shall be bell and spigot
or tongue-and-groove sealed with butyl, rubber tape, or external sealing
bands conforming to ASTM C-877.
[e]
All pipe shall be Class III unless a stronger pipe
(i.e., higher class) is indicated to be necessary.
[f]
The minimum depth of cover over the concrete pipe
shall be as designated by the American Concrete Pipe Association.
[2]
Ductile iron pipe shall be centrifugally cast in metal or sand-lined
molds to ANSI A21.51-1976 (AWWA C151-76). The joints shall conform
to AWWA C111. Pipe shall be furnished with flanges where connections
to flange fittings are required. Pipe should be Class 50 (minimum).
The outside of the pipe should be coated with a uniform thickness
of hot applied coal tar coating and the inside lined cement in accordance
with AWWA C104. Ductile iron pipe shall be installed with Class C,
Ordinary Bedding.
[3]
HDPE may not be used under a paved roadway of a public street.
HDPE may be used outside of a public right provided a minimum of two
feet to cover is provided. HDPE may not be used as a storm sewer outfall
where cover will be less than two feet.
(f)
Pipe bedding shall be provided as specified in "Design and Construction
of Sanitary and Storm Sewers," ASCE Manuals and Reports on Engineering
Practice No. 37, prepared by a Joint Committee of the Society of Civil
Engineers and the Water Pollution Control Federation, New York, 1969.
(g)
Maintenance easements shall be provided around stormwater facilities
where such facilities are located outside of the public right-of-way.
The size of the easement shall be dictated by working needs.
(h)
Where storm pipes will be located within the seasonal high water
table, they shall be constructed using reinforced concrete piping
with watertight O-ring gaskets, or approved equal as determined by
the Township Engineer.
K.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks Land Use Board approval, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at § 95-8.13K(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval.
(a)
The applicant's site development project shall be reviewed as
a part of the review process by the applicable Land Use Board for
major developments or Township Engineer for non-major developments.
(3)
Submission of site development stormwater plan.
(a)
The following information shall be required:
[1]
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
[2]
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
[3]
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
[4]
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of § 95-8.13C, D and F are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
[5]
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[a]
Total area to be disturbed, paved or built upon,
proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to control and dispose of stormwater.
[b]
Details of all stormwater management facility designs,
during and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
[6]
Calculations.
[a]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 95-8.13D of this section.
[b]
When the proposed stormwater management control
measures depend on the hydrologic properties of soils or require certain
separation from the seasonal high water table, then a soils report
shall be submitted. The soils report shall be based on on-site boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the
location of the control measure.
[7]
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 95-8.13I.
[8]
Waiver from submission requirements. The Land Use Board reviewing an application may waive submission of any of the requirements in § 95-8.13K when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
L.
Ownership, maintenance and repair.
(1)
Applicability. Major stormwater developments shall comply with the requirements of § 95-8.13L(2) and (3).
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the party responsible for maintenance is not a public agency,
the maintenance plan and any future revisions shall be recorded upon
the deed of record for each property on which the maintenance described
in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(g)
The party responsible for maintenance shall perform all of the
following requirements:
[1]
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
[3]
Retain and make available, upon request by any public entity
with administrative, health, environmental, or safety authority over
the site, the maintenance plan and the documentation.
(h)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the Township shall so notify the responsible
person, in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the Municipal Engineer or his designee.
The Township, in its discretion, may extend the time allowed for effecting
maintenance and repair for good cause. If the responsible person fails
or refuses to perform such maintenance and repair, the Township or
county may immediately proceed to do so and shall bill the cost thereof
to the responsible person. Nonpayment of such bill may result in a
lien on the property.
(i)
The property owner of any commercial development shall be responsible
for maintenance of all stormwater management improvements associated
with said development. Ownership and maintenance of stormwater management
improvements for residential projects shall be the responsibility
of a homeowners' association for single-family subdivision or multifamily
site plan residential projects unless maintenance responsibilities
of the stormwater management improvements associated with the residential
project is accepted by the Township Committee by resolution or ordinance.
An appropriate maintenance fee shall be levied by the governing body
should maintenance responsibilities be accepted. The fees shall be
based on routine mowing, landscaping maintenance, infiltration media
replacement, and long-term maintenance to be performed over a twenty-year
period.
(j)
The maintenance fees required shall be for the purpose of reimbursing
the Township for direct fees, costs, charges and expenses for the
maintenance of a detention/retention facility, including but not limited
to routine mowing, maintenance of landscaping, general maintenance
concerning inlets, cleaning of property and long-range maintenance
on a periodic basis.
(k)
All costs, expenses, charges and fees incurred by the Township
for the maintenance of a stormwater management basin shall be charged
against the escrow fund established for the maintenance of such a
basin.
(l)
The Township shall conduct maintenance programs at its discretion
and shall maintain liability insurance on the stormwater management
facility out of the funds so created. The maintenance programs may
include, but are not limited to:
[1]
Routine mowing of the property. Mowing costs shall be estimated
at the rate of one acre per hour. The cost per hour for Township labor
and equipment shall be multiplied by the number of acres to be mowed.
A base number shall also be included for the mobilization and the
maintenance of the equipment.
[2]
Maintenance of landscaping. The cost shall be based upon the
number of hours for landscape maintenance multiplied by a rate per
hour for labor and equipment. Any and all additional stock which shall
be necessary to replace approved landscaping shall also be charged
against the fund.
[3]
General maintenance. The cost for general maintenance shall
be based upon a one-hour mobilization time together with the total
number of hours expended times the rate per hour for Township labor
and equipment.
[4]
Long-term maintenance. The long-term maintenance shall be calculated
on a cost per acre and applied against the assumption that a residential
detention/retention basin needs rejuvenation every 20 years. These
amounts shall be reduced to an annualized cost.
[5]
Insurance. The Township shall assume liability for the property
and a portion of the fund shall be used for purchase of insurance
for the detention/retention basin.
(3)
Dedication of facilities. Where applicable, stormwater management facilities shall be dedicated to a homeowners' association or the Township of Manalapan as a separately platted lot (see § 95-7.44). The requirement for a separately platted lot shall not apply to commercial or multifamily residential site plan developments. Parcels to contain stormwater management facilities shall be separated from any lands dedicated for open space or recreation. Inlet and outlet piping and maintenance access shall be contained within thirty-foot-wide, minimum, drainage easements. No relocation, construction or reconstruction shall take place within the area of the easement, nor shall any structures be located within such area, nor shall any action be taken which may alter or impair the effectiveness of present or future drainage facilities or cause soil erosion without prior approving authority or Township Committee approval.
(4)
Nothing in this subsection shall preclude the Township from
requiring the posting of a performance or maintenance guarantee in
accordance with N.J.S.A. 40:55D-53
M.
Violations and penalties.
(1)
Any person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to the following penalties:
(a)
A fine not to exceed $1,000 per day for each day that the provisions
of this section are violated. Each day that the provisions of this
section are violated shall be deemed a separate offense. All violations
of this section shall be prosecuted in the Municipal Court or any
other tribunal with subject matter jurisdiction.
A.
The purpose of this article is to set forth improvement
standards and construction specifications for developments. Where
a standard in this article is referenced as a requirement by Article
V, Zone District Regulations, or by Article VI, Conditional Uses,
or by Article VII, General Zoning Provisions, then a deviation from
the specified standard shall only be permitted when a variance is
granted pursuant to N.J.S.A. 40:55D-70. In all other cases, relief
may only be authorized as an exception to subdivision or site plan
regulations pursuant to N.J.S.A. 40:55D-51.
B.
A subdivision and/or site plan shall conform to standards
that will result in a well-planned community, protect the health and
safety of the residents, and provide a desirable living environment
without unnecessarily adding to development costs. The following improvements
shall be required: streets and circulation, off-street parking, water
supply, sanitary sewers, and stormwater management.
[Amended by Ord. No. 95-14; Ord. No. 98-03]
A.
Streets.
(1)
General.
(a)
The arrangement of streets shall conform to
the Master Plan.
(b)
For streets not shown on the Master Plan or
Official Map, the arrangement shall provide for the appropriate extension
of existing streets.
(c)
Residential access streets shall be arranged
so as to discourage through traffic and provide for maximum privacy.
(d)
The street system shall be coordinated with
existing, proposed, and anticipated streets outside a development
or outside the portion of a single tract that is being developed.
Streets shall connect with surrounding streets to permit the safe,
efficient, and convenient movement of traffic. Access by emergency
vehicles should be facilitated by providing where appropriate at least
two points of access to the development. Whenever connections to anticipated
development or proposed surrounding streets are required, the street
right-of-way shall be extended and the street developed to the property
line at the point where the connection is anticipated and provision
shall be made for a temporary cul-de-sac at the end of each street
pending its extension.
(2)
Street hierarchy.
(a)
Streets shall be classified in a street hierarchy
system with design tailored to function.
(b)
The street hierarchy system shall be defined
by road function and traffic. The following classification shall be
utilized in the Township for municipal streets and each proposed street
shall be classified and designed for its entire length to meet the
described standards.
[1]
Collector streets collect traffic from local
streets and channel it into the system of arterial highways. The right-of-way
width for collector streets within the jurisdiction of the Township
is 60 feet. The right-of-way of collector streets shall have a cartway
width of at least 40 feet to allow for two twelve-foot-wide moving
lanes and two eight-foot-wide parking lanes. Subcollector streets
in Manalapan shall have a cartway width of at least 36 feet. In addition,
the right-of-way width shall allow for curb, sidewalk, utility, and
shade tree installation.
[2]
Local streets provide frontage for access to
lots and carry traffic having destination or origin on the street
itself. Any street not designated as a collector street is a local
street. The minimum right-of-way width for local streets is 50 feet.
Local streets are classified either as suburban residential access
streets or rural residential access streets. The right-of-way of a
suburban residential access street shall have a cartway width of at
least 30 feet. In addition, the right-of-way width shall allow for
curb, sidewalk, utility, and shade tree installation. Rural residential
access streets shall have a cartway width of at least 22 feet with
staked sod or stabilized grass shoulders unless the municipal agency
determines that a proposed street will function as a sub-collector.
In such cases the right-of-way width shall be 60 feet and the cartway
width shall be 24 feet.
[3]
Culs-de-sac are local streets with only one
outlet and having the other end for the reversal of traffic movement
using whenever possible a right-hand tangent circular cartway as viewed
toward the closed end. For emergency response and convenient and efficient
circulation, an interconnected street system with each street having
at least two points of access shall be encouraged. However, culs-de-sac
meeting the standards of this section may be permitted as part of
the overall street layout. A cul-de-sac shall be not less than 100
feet and not be longer than 1,000 feet as measured from the intersecting
street line to the center point of the turnaround of the cul-de-sac.
The radius of the right-of-way of the cartway shall not be less than
60 feet, and the paved radius shall be not less than 50 feet. The
same requirements shall prevail if the cul-de-sac is of a temporary
nature and provisions shall be made for future extensions of the street
and subsequent reversion of the excess right-of-way to the adjoining
land. A temporary cul-de-sac is one on which no building lots abut
the closed end of the turnaround and for which provisions shall be
made for the future extension of the street.
[4]
The distribution of traffic to the proposed
street system shall not exceed the average daily traffic (ADT) thresholds
for any proposed street type as indicated below. If the street is
designed as a loop street, then the ADT on each loop shall not exceed
the threshold indicated. ADT shall be calculated using trip-generation
rates compiled by the Institute of Transportation Engineers (ITE)
unless the approving authority determines that a generation rate from
other sources better reflects local conditions.
|
Street Type
|
Maximum ADT
| |
|---|---|---|
|
Collector (total)
|
3,000
| |
|
Subcollector
| ||
|
Total
|
1,000
| |
|
Each loop
|
500
| |
|
Local
| ||
|
Total
|
500
| |
|
Each loop
|
250
| |
|
Cul-de-sac (total)
|
250
| |
(3)
Cartway width. The determination as to cartway width
shall also consider possible limitations imposed by sight distances,
climate, terrain, and maintenance needs. The municipal agency may
require increases or decreases in cartway width where appropriate.
(4)
Curbs and gutters.
(a)
Curbing shall be required for drainage purposes,
safety, and delineation and protection of pavement edge.
(b)
Curbs shall be constructed according to the
specifications set forth in the construction specifications.
(c)
Curbing shall be designed to provide a ramp
for bicycle and/or wheelchairs as required.
(d)
Curbing shall be provided along both sides of
subdivision streets, and adjacent to the edge of all aisles, drives
and off-street parking areas.
(e)
The reviewing agency may grant an exception from the required
installation of curbing in appropriate cases if the exception is reasonable
and proper as related to a particular development and the absence
of curbing does not violate the safety, health and welfare of present
or future residents. Said exception may be granted at the request
of the developer or on the reviewing agency's own initiative.
[Added 4-10-2019 by Ord.
No. 2019-03]
(f)
In any case where the reviewing agency grants an exception from
the required installation of curbing, the developer shall be required
to pay an amount equal to the reasonable cost of installing said curbing,
as determined by the Township Engineer, into the Sidewalk and Curbing
Capital Contribution Fund. Where this requirement has previously been
satisfied by in lieu contributions, said funds shall be deposited
into the Sidewalk and Curbing Capital Contribution Fund. The Sidewalk
and Curbing Capital Contribution Fund shall be dedicated to the installation
of sidewalks, curbing and other pedestrian safety projects throughout
the Township of Manalapan where properly authorized by the Township
Committee.
[Added 4-10-2019 by Ord.
No. 2019-03]
(5)
(6)
Sidewalks and pedestrian paths.
(a)
Sidewalks shall be placed in the right-of-way,
parallel to the street within the right-of-way, unless an exception
has been permitted to preserve topographical or natural features,
or to provide visual interest, or unless the applicant shows that
an alternative pedestrian system provides safe and convenient circulation.
In commercial and more intensely developed residential areas, sidewalks
may abut the curb.
(b)
Pedestrian way easements a minimum of 10 feet
wide may be required by the Planning Board through the center of blocks
more than 600 feet long to provide circulation or access to schools,
playgrounds, shopping, or other community facilities. Easements may
also be required to link with or as part of any trail system provided
for within the Township Master Plan.
(c)
Sidewalk width shall be four feet; wider widths
may be necessary near pedestrian generators and employment centers.
Where sidewalks abut the curb and cars overhang the sidewalk, widths
shall be six feet.
(d)
Sidewalks and graded areas shall be constructed
according to the specifications set forth in the construction specifications.
(e)
Sidewalks shall be provided on both sides of
all streets and throughout site development for ease of pedestrian
access.
(f)
The reviewing agency may grant an exception from the required
installation of sidewalks in appropriate cases if the exception is
reasonable and proper as related to a particular residential development
and the absence of sidewalks does not violate the safety, health and
welfare of present or future residents. Said exception may be granted
at the request of the developer or on the reviewing agency's own initiative.
[Added 4-10-2019 by Ord.
No. 2019-03]
(g)
In any case where the reviewing agency grants an exception from
the required installation of sidewalks, the developer shall be required
to pay an amount equal to the reasonable cost of installing said sidewalks,
as determined by the Township Engineer, into a Sidewalk and Curbing
Capital Contribution Fund. Where this requirement has previously been
satisfied by in lieu contributions, said funds shall be deposited
into the Sidewalk and Curbing Capital Contribution Fund. The Sidewalk
and Curbing Capital Contribution Fund shall be dedicated to the installation
of sidewalks, curbing and other pedestrian safety projects throughout
the Township where properly authorized by the Township Committee.
[Added 4-10-2019 by Ord.
No. 2019-03]
(h)
Nothing contained herein shall affect the right of the Township
to enact ordinances requiring assessments for sidewalks from property
owners as authorized under N.J.S.A. 40:65-2 or other statutory rights
granted to municipalities.
[Added 4-10-2019 by Ord.
No. 2019-03]
(7)
Bikeways.
(a)
Separate bicycle paths shall be required only
if such paths have been specified as part of a municipality's adopted
Master Plan.
(b)
Bicycle lanes, where required, shall be placed
in the outside lane of a roadway, adjacent to the curb or shoulder.
When on-street parking is permitted, the bicycle lane shall be between
the parking lane and the outer lane of moving vehicles. Lanes shall
be delineated with markings, preferably striping. Raised reflectors
or curbs shall not be used.
(c)
Bikeways shall be constructed according to the
specifications set forth in the construction specifications.
(8)
Utility and shade tree areas.
(a)
Utilities and shade trees shall generally be
located within an easement area outside the right-of-way on both sides
of and parallel to the street right-of-way.
(b)
Utility and shade tree areas shall be planted
with grass, ground cover, or treated with other suitable cover material.
(c)
Utility and shade tree easements of at least
10 feet wide on both sides of the street shall be provided.
(9)
Right-of-way.
(a)
The right-of-way shall be measured from lot line to lot line and shall be sufficiently wide to contain the cartway, curbs, shoulders, sidewalks, graded areas, utilities and shade trees. [See § 95-9.2A(2).]
(b)
The right-of-way width of a new street that
is a continuation of an existing street shall in no case be continued
at a width less than the existing street.
(c)
The right-of-way shall reflect future development
as indicated by the Master Plan.
(10)
Street, grade, and intersections. Street, grade, and intersection design shall be constructed according to the standards and specifications set forth in § 95-9.3C and Exhibit 9-7.[1]
[1]
Editor's Note: Exhibit 9-7 is included at the end of this chapter.
(11)
Pavement. Pavement thickness of streets, sidewalks,
parking lots, and driveways shall be constructed according to the
standards and specifications set forth in Exhibits 9-9 and 9-9A. Where
a phased improvement of a public street is permitted, the improvements
shall be constructed in two phases in accordance with Exhibit 9-9B.[2]
[2]
Editor's Note: The exhibits are included at
the end of this chapter.
(12)
Lighting.
(a)
Lighting shall be provided in accordance with
a plan designed by the utility company, or using as a guideline the
standards set forth by "IES Lighting Handbook" shown in the construction
specifications.
(b)
Lighting for safety shall be provided at intersections,
along walkways, at entryways, between buildings, and in parking areas.
(c)
Spacing of standards shall be equal to approximately
four times the height of the standard.
(d)
The maximum height of standards shall not exceed
the maximum building height permitted, or 25 feet, whichever is less.
(e)
The height and shielding of lighting standards
shall provide proper lighting without hazard to drivers or nuisance
to residents, and the design of lighting standards shall be of a type
appropriate to the development and the municipality.
(f)
Spotlights, if used, shall be placed on standards
pointing toward the buildings and positioned so as not to blind the
residents, rather than on the buildings and directed outward which
creates dark shadows adjacent to the buildings.
(13)
Underground wiring.
(a)
All electric, telephone, television, and other
communication facilities, both main and service lines servicing new
developments, shall be provided by underground wiring within easements
or dedicated public right-of-way, installed in accordance with the
prevailing standards and practices of the utility or other companies
providing such services.
(b)
Lots which abut existing easements or public
rights-of-way where overhead electric or telephone distribution supply
lines and service connections have heretofore been installed may be
supplied with electric and telephone service from those overhead lines,
but the service connections from the utilities' overhead lines shall
be installed underground. In the case of existing overhead utilities,
should a road widening, or an extension of service, or other such
condition occur as a result of the subdivision and necessitate the
replacement or relocation of such utilities, such replacement or relocation
shall be underground.
(c)
Where overhead lines are permitted as the exception,
the placement and alignment of poles shall be designed to lessen the
visual impact of overhead lines as follows:
[1]
Alignments and pole locations shall be carefully
routed to avoid locations along horizons;
[2]
Clearing swaths through treed areas shall be
avoided by selective cutting and a staggered alignment;
[3]
Trees shall be planted in open areas and at
key locations to minimize the view of the poles and the alignments;
and
[4]
Alignments shall follow rear lot lines and other
alignments.
(d)
Year-round screening of any utility apparatus
appearing above the surface of the ground, other than utility poles,
shall be required.
(14)
Traffic signs.
(a)
Design and placement of traffic signs shall
follow the requirements specified in "Manuals on Uniform Traffic Control
Devices for Streets and Highways," published by the United States
Department of Transportation and adopted by the New Jersey Department
of Transportation.
(b)
At least two street name signs shall be placed
at each four-way street intersection and one at each "T" intersection.
Signs shall be installed under light standards and free of visual
obstruction. The design of street name signs should be consistent,
of a style appropriate to the community, of a uniform size and color,
and erected in accordance with local standards.
(c)
Site information signs shall follow a design
theme related and complementary to other elements of the overall site
design.
B.
Off-street parking. Off-street parking, unloading
and service requirements of this section shall apply and govern in
all present and future zoning districts within the Township. Except
as provided in this section, no application for a building permit
shall be approved unless there is included with the plan for such
building, improvement or use a plot plan showing the required space
reserved for off-street parking, unloading and service purposes. An
occupancy permit shall not be given unless the required off-street
parking, unloading and service facilities have been provided in accordance
with those shown on the approved plan. No land shall be used or occupied,
no structure shall be designed, created, altered, used or occupied,
and no use shall be operated unless off-street parking and loading
facilities are provided in at least the amount and maintained in the
manner required by this chapter; provided, however, that any use in
operation on the effective date of these regulations is not affected
by the provisions of this section until such time as the existing
gross floor area is increased.
(1)
Number of spaces.
(a)
Off-street parking spaces shall be required
in all developments to accommodate residents and visitors.
(b)
For residential developments, off-street parking
shall be provided as set forth below.
|
Off-Street Parking Requirements
for Residential Land Uses
| ||||
|---|---|---|---|---|
|
Housing Unit Type/Size
|
Off-Street Parking Requirement
| |||
|
Single-Family Detached
| ||||
|
Two-bedroom
|
2.0
| |||
|
Three-bedroom
|
3.0
| |||
|
Four- or more bedrooms
|
3.0
| |||
|
Multifamily Buildings
| ||||
|
Other than townhouse:
| ||||
|
One-bedroom
|
1.8
| |||
|
Two-bedroom
|
2.0
| |||
|
Three-bedroom
|
2.1
| |||
|
Townhouse:
| ||||
|
One-bedroom
|
1.8
| |||
|
Two-bedroom
|
2.3
| |||
|
Three-bedroom
|
2.4
| |||
(c)
For nonresidential developments, the parking
standards shown below shall be used as a guideline.
[Amended 9-12-2012 by Ord. No. 2012-11; 9-13-2023 by Ord. No. 2023-15]
|
Off-Street Parking Requirements1
for Nonresidential Land Uses
| |||
|---|---|---|---|
|
Nonresidential Land Uses
|
Required Off-Street Parking Spaces Per
Indicated Area
| ||
|
Assembly, finishing, or industrial operations
|
1 per 800 square feet GFA or 0.6 per employee,
whichever is greater
| ||
|
Automobile sales establishments
|
1 per 400 square feet or GFA reserved for employee
and customer parking
| ||
|
Banks, savings and loan associations
|
1 per 200 square feet GFA plus room for 5 automobiles
per drive-in window for queuing purposes
| ||
|
Bar, tavern, or similar
|
1 per 2 seats or 10 per 1,000 square feet GFA
whichever is greater
| ||
|
Barbershops and beauty salons
|
3 per beautician or barber or 1 per 150 square
feet of GFA, whichever is greater
| ||
|
Bowling alley
|
4 per alley2
| ||
|
Church/synagogue
|
1 per 3 seats or 22 inches of pew length
| ||
|
Commercial or personal service not listed specifically
|
1 space per 200 square feet of gross first floor
area plus 1 space per each 300 square feet of additional gross floor
area
| ||
|
Community center, museum, art gallery
|
1 per 200 square feet GFA
| ||
|
Community club, private club, lodge
|
1 per 100 square feet GFA
| ||
|
Dental or medical office
|
1 per 100 square feet GFA except that if located
within a building of three or more unassociated practitioners, 1 space
for each 150 square feet GFA
| ||
|
Fitness/health club
|
7 per 1,000 square feet GFA
| ||
|
Flex space
|
Flex space parking shall be determined by the total square footage
of the individual component uses (office, warehouse, etc.) utilizing
the chapter requirements for the specific component uses.
| ||
|
Golf training center5
| |||
|
Par-three golf course
|
2 spaces per hole
| ||
|
Pitch and putt
|
1 space per hole
| ||
|
Golf driving range
|
1 space per station
| ||
|
Miniature golf
|
1 space per hole
| ||
|
Funeral home, mortuary
|
1 per 3 seats in chapel plus 1 per resident
family plus 1 per funeral vehicle
| ||
|
Library
|
1 per 300 square feet GFA
| ||
|
Boat sales
|
1.0 per boat slip and 1 per 300 square feet
GFA of sales or office space2
| ||
|
Meeting rooms, assembly or exhibition hall
|
1 per 50 square feet GFA
| ||
|
Motel/hotel
|
1 per guest room plus 0.5 per employee, plus
each commercial use within the building shall be computed separately
| ||
|
Nursing home
|
1 space per 3 beds plus 1 per each 2 employees
including nurses and staff
| ||
|
Offices
| |||
|
Under 49,999 square feet GFA
|
4.5 per 1,000 square feet GFA3
| ||
|
50,000 to 99,999 square feet GFA
|
4 per 1,000 square feet GFA
| ||
|
100,000+ square feet GFA
|
3.5 per 1,000 square feet GFA
| ||
|
Research
|
1 per 1,000 square feet GFA
| ||
|
Restaurant, Category One
|
1 per 3 seats
| ||
|
Restaurant, other categories
|
1 per 3 seats or 1 per 30 square feet of GFA,
whichever is greater
| ||
|
Restaurant, fast-food
|
1 per 30 square feet GFA
| ||
|
Retail store
|
1 per 200 square feet GFA
| ||
|
Schools
|
1 per 200 square feet GFA
| ||
|
Elementary
|
1.5 per classroom, but not less than 1 per teacher
and staff
| ||
|
Intermediate
|
2 per classroom, but not less than 1 per teacher
and staff
| ||
|
Secondary
|
2.5 per classroom, but not less than 1 per teacher
and staff
| ||
|
Motor vehicle service station
|
5 per bay and work area, but not less than 5
spaces minimum
| ||
|
Shopping center
|
5 per 1,000 square feet GFA4
| ||
|
Studio (art, music, dance, gymnastics) for the
purpose of giving instruction
|
1 per 100 square feet GFA
| ||
|
Theater
|
1 per 3 seats
| ||
|
In shopping center
|
1 per 4 seats
| ||
|
Warehouse, shipping, storage
|
1 per 5,000 square feet GFA
| ||
|
NOTES:
| ||
|---|---|---|
|
GFA = gross floor area
| ||
|
1In computing the
number of required parking spaces, the following shall apply:
| ||
|
(1)
|
Where fractional spaces result, the required
number shall be construed to be the next highest whole number.
| |
|
(2)
|
The parking space requirements for a use not
specifically mentioned herein shall be the same as required for a
use of similar nature as determined by the municipal agency.
| |
|
(3)
|
If there is no use enumerated herein having
sufficient similarity to the use proposed to enable the municipal
agency to establish rational parking requirements, the municipal agency
may, in its discretion, direct the applicant to furnish the municipal
agency with such data as may be necessary to enable the municipal
agency to establish rational parking requirements.
| |
|
2Bar, restaurant,
or similar uses shall be calculated separately.
| ||
|
3A building of mixed
office uses may include a maximum of 1/3 medical or dental floor area.
If medical or dental uses exceed 1/3 of the gross floor area, their
parking requirement shall be computed separately.
| ||
|
4If more than 35%
of the total floor area is occupied by a nonretail use which has off-street
parking requirements greater than those required for a shopping center,
then off-street parking for the center shall be the same as the required
minimum for the nonretail use plus the required minimum for the balance
of the shopping center floor area.
| ||
|
5Areas to accommodate
overflow parking shall be provided on the golf training center property.
Overflow parking areas shall be constructed of a permeable hard surface
material such as brick or concrete pavers.
| ||
(d)
Alternative off-street parking standards shall
be accepted only if the applicant demonstrates that these standards
better reflect local conditions.
(e)
A residential one car garage and driveway combination
shall count as two off-street spaces, provided that the driveway measures
a minimum of 18 feet in length between the face of the garage door
and the right-of-way and maintains a width of at least 10 feet. A
residential two car garage and driveway combination shall count as
3.5 off-street parking spaces, provided that a minimum parking area
width of 20 feet is provided for a minimum length of 18 feet as specified
for a one car and driveway combination.
(g)
Where the total number of off-street parking
spaces required may not be immediately required for a particular use,
a staged development plan may be permitted which requires that only
a portion of the parking area, but not less than 65% of the required
spaces be completed initially, subject to the following regulations:
[1]
The site plan shall clearly indicate both that
portion of the parking area to be initially paved and the total parking
needed to provide the number of spaces required.
[2]
The site plan shall provide for adequate drainage
of both the partial and total parking areas.
[3]
The portion of the parking area not to be paved
initially shall be landscaped in accordance with Article VIII.
[4]
The applicant shall post separate performance
guarantees, in addition to the performance guarantees required under
Article X which shall reflect the cost of installing the additional
parking facilities necessary to provide the total number of parking
spaces required.
[5]
In lieu of a permanent certificate of occupancy,
a temporary certificate of occupancy shall be issued for a period
of two years. Prior to the expiration of the two-year period, the
applicant may either install the additional parking spaces shown on
the site plan and apply for issuance of a permanent certificate of
occupancy or apply to the Planning Board after the use has been in
operation a minimum of 18 months for a determination as to whether
or not the initial parking area provided is adequate. If the Planning
Board determines that the parking facility is adequate as originally
constructed, the performance guarantees shall be released and a permanent
certificate of occupancy issued. If, however, the Planning Board determines
that the partial off-street parking area is not adequate, the applicant
shall be required to install the additional parking facilities in
accordance with the terms of the performance guarantees prior to issuance
of a permanent certificate of occupancy.
[6]
Any change of use on a site for which the Planning
Board may have approved a partial paving of off-street parking areas
to a use which requires more parking spaces than are provided on the
site shall require submission of a new site plan.
(2)
Size of spaces.
(a)
Employee off-street parking spaces. Each parking
apace shall not be less than nine feet wide nor less than 18 feet
deep.
(b)
Parking spaces for the physically handicapped
shall be no less than 12 feet wide nor less than 20 feet deep. Striping
of handicapped spaces shall conform to the detail provided in Exhibit
9-3.[3]
[3]
Editor's Note: Exhibit 9-3 is included at the end of this chapter.
(c)
All other off-street parking spaces. Each space
shall be not less than 10 feet wide nor less than 20 feet deep.
(3)
Parking areas.
(a)
Off-street parking areas shall be oriented to
and within a reasonable walking distance of the buildings they are
designed to serve. This distance shall be a maximum of 700 feet for
employee parking, 400 feet for shoppers, 250 feet for nonelderly residents,
150 feet for elderly residents, and 300 feet for guests.
(b)
Access to parking lots shall be designed so
as not to obstruct free flow of traffic. There shall be adequate provision
for ingress to and egress from all parking spaces to ensure ease of
mobility, ample clearance, and safety of vehicles and pedestrians.
(c)
Aisle width.
[1]
The width of all aisles providing direct access
to individual parking stalls shall not be less than the requirements
specified below. Only one-way traffic shall be permitted in aisles
serving single-row parking spaces placed at an angle other than 90°.
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
| |
|---|---|---|
|
30
|
12
| |
|
45
|
15
| |
|
60
|
18
| |
|
90
|
24
|
[2]
Where no parking is provided, interior drives
shall be 12 feet wide for one-way traffic and 22 feet wide for two-way
traffic.
(d)
Where sidewalks occur in parking areas, parked
vehicles shall not overhang or extend over the sidewalk unless an
additional two feet of sidewalk width are provided in order to accommodate
such overhang.
(e)
Parking areas shall be suitably landscaped to
minimize noise, glare and other nuisance characteristics as well as
to enhance the environment and ecology of the site and surrounding
area. Parking lots containing more than 100 spaces shall be broken
down into sections of smaller lots of 50 spaces separated from other
sections by landscaped dividing strips, berms, and similar elements.
(f)
For all multiple dwellings and nonresidential
uses, the perimeter of all parking areas, internal islands, and planting
areas shall have continuous cast in place concrete curbing in accordance
with the construction specifications. All parking areas, aisles, and
accessways for multiple dwellings and nonresidential uses shall be
surfaced with a properly designed all weather pavement in accordance
with the construction specifications.
(g)
Separation from walkways and streets. All off-street
parking, off-street loading and service areas shall be separated from
walkways, sidewalks, streets or alleys by curbing or other protective
device.
(h)
Private walks adjacent to business buildings.
A private walk, if provided adjacent to a building, shall not be less
than four feet in width and shall be in addition to the other requirements
of this chapter.
(i)
Pavement markings and signs. Each off-street
parking space shall be clearly marked, and pavement directional arrows
or signs shall be provided wherever necessary. Markers, directional
arrows and signs shall be properly maintained so as to ensure their
maximum efficiency.
(j)
Lighting for night use. Adequate lighting shall
be provided if the off-street parking facilities are used at night.
If the parking facilities abut residential land, the lighting shall
be arranged and installed so as not to reflect or cause glare on the
abutting residential land in accordance with provisions of performance
standards.
(k)
Required off-street parking area shall not be
reduced. No off-street parking area shall be reduced in size or encroached
upon by any building, vehicle storage, loading or unloading or any
other use where such reduction or encroachment will reduce the off-street
parking and loading spaces below that are required by these regulations.
(l)
Joint parking facilities. The off-street parking
requirements for two or more nonresidential neighboring uses of the
same or different types located on the same lot or on contiguous lots
and within the same zoning district may be satisfied by the allocation
of the required number of spaces for each use in a common parking
facility, provided that the number of off-street parking spaces is
not less than the sum of individual requirements, and provided, further,
that there be compliance with all other provisions of these regulations.
(m)
Parking provided on same lot as main building.
Off-street parking spaces for one-family, two-family and multifamily
dwellings shall be provided on the same lot as the main building.
Off-street parking spaces for all other uses shall be provided on
the same lot as the main building to be served by such parking unless
otherwise provided for herein.
(n)
Requirements for combined uses. The number of
off-street parking spaces required by land or buildings used for two
or more purposes shall be the sum of the requirements for the various
individual uses.
(o)
Sharing of parking facilities. Off-street parking
facilities for one use shall not be considered as providing the required
facilities for any other use, provided that 1/2 of the off-street
parking space required by any use whose peak attendance will be at
night or on Sundays, such as churches, theaters and assembly halls,
may be assigned to a use which will be closed at night or on Sundays.
(p)
Computing number of employees. For the purpose
of this subsection, the number of employees shall be computed on the
basis of the average number of persons to be employed, taking into
consideration day, night and seasonal variations.
(q)
Off-street parking and loading space within
a required setback. No required off-street parking and loading space,
including maneuvering areas for such off-street parking and loading
space shall be established in the area between the front building
line and the street right-of-way line in any district, unless specifically
permitted by the zone district.
(r)
Where a child-care center is proposed as part
of a nonresidential development, the floor area occupied in any building
or structure used for the child-care center shall be excluded in calculating
any parking requirement otherwise applicable to that number of units
or floor space.
(4)
Access management. All entrance and exit driveways
to public streets shall be located to afford maximum safety to traffic
on the public streets. Each off-street parking, loading or service
area shall be connected to a public street right-of-way by a driveway
constructed in accordance with the minimum standards prescribed by
the Township Engineer. Within commercial areas, cross connections
and cross easements among properties should be provided to allow for
ease of vehicles and pedestrian areas.
(a)
Whenever possible, any exit driveway or driveway
land shall be so designed with regard to profile, grading and location
to permit the following recommended site distance measured in each
direction along the public street. The measurement shall be from the
existing driveway immediately outside of the right-of-way line.
|
Allowable Speed
on Public Street
(miles per hour)
|
Required Site
Distance
(feet)
|
|---|---|
|
25
|
150
|
|
30
|
200
|
|
35
|
250
|
|
40
|
300
|
|
45
|
400
|
|
50
|
475
|
(b)
A driveway exclusive of curb return radii shall
not be less than 12 feet nor more than 36 feet in width.
(c)
The number of driveways provided from a site
directly to any one municipal street shall be recommended as follows:
|
Length of Site Frontage
|
Recommended No. of Driveways
|
|---|---|
|
100 feet or less
|
1
|
|
101 feet to 800 feet
|
2
|
|
Over 800 feet
|
To be specified by the Township of Manalapan
by Planning Board upon receipt of advice of the Township Engineer
|
(d)
No part of any driveway may be located within
10 feet of a side property line for single- and/or two-family dwellings
or within 20 feet of a side property line for other uses.
[Amended 6-10-2020 by Ord. No. 2020-09]
(e)
Driveway angle, one-way operation. Driveways
used by vehicles in a one-way direction of travel (right turn only)
shall not form angles smaller than 45° with the public street,
unless acceleration and deceleration lanes are provided.
(f)
Driveway angle, two-way operation. Driveways
used for two-way operation will intersect the public street at any
angle as near 90° as site conditions will permit, and in no case
shall it be less than 60°.
(g)
Parking areas for 25 or more cars and access
drives for all parking areas on arterial highways provide curbed return
radii of not less than 15 feet for all right-turn movements and left-turn
access from one-way streets and concrete aprons on entrance and exit
drives.
(h)
Parking areas for less than 25 cars may utilize
concrete aprons without curb returns at entrance and exit drives which
are not located on a minor arterial or principal arterial highway.
(i)
Maximum curb depression width for single and
two-family dwellings shall be the driveway width plus four feet, but
not more than 25 feet.
(j)
Where a driveway connecting to a public street
serves traffic from parking areas of a major traffic generator, acceleration
and/or deceleration lane may be required.
(k)
To the maximum extent practical, residential
lots should abut and have access to local streets or to subcollector
streets. The driveway design on residential lots which are permitted
to take access to arterial or collector streets shall be arranged
to permit a vehicle to exit the lot without backing onto the street.
(l)
No driveway to or from a parking area shall
be located closer than 100 feet from the nearest right-of-way line
of an intersecting collector or arterial street.
(5)
Handicapped parking spaces.
(a)
In accordance with N.J.A.C. 5:23-7 et seq.,
every parking lot or parking garage shall have at least the number
of accessible parking spaces for the handicapped as set forth below:
|
Accessible Parking Spaces
| ||
|---|---|---|
|
Total Parking In Lot
|
Required Number of Accessible Spaces
| |
|
Up to 50
|
1
| |
|
51 to 200
|
2
| |
|
Over 200
|
Two plus 1% of the number of spaces over 200
rounded to the next higher whole number
| |
|
Parking facilities serving a hospital
|
2% of the spaces but not less than 2
| |
|
Parking facilities serving special purpose hospital
that affect mobility
|
20% of the spaces but not less than 2
| |
|
Parking facility serving long-term care facility
|
2% of the spaces but not less than 2
| |
(b)
Typical arrangements of handicapped spaces is
shown in Exhibit 9-3.[4] Other arrangements are possible which will conform to
handicapped parking standards and good design goals.
[4]
Editor's Note: Exhibit 9-3 is included at the end of this chapter.
C.
Off-street loading.
(1)
For every building, structure or group of buildings
or structures constituting a coordinated development, having over
10,000 square feet of gross floor area erected and occupied for any
use other than residential, there shall be provided at least one truck
standing, loading and unloading space on the premises not less than
12 feet in width, 35 feet in length and with a minimum vertical clearance
of 14 feet. Buildings or groups of buildings that contain in excess
of 15,000 square feet of gross floor area shall be required to provide
additional off-street loading spaces as determined by the municipal
agency during site plan review.
(2)
Access to truck standing, loading and unloading areas
may be provided directly from a public street or alley or from any
right-of-way that will not interfere with public convenience and will
permit orderly and safe movement of truck vehicles.
(3)
Unless otherwise permitted, fire zones shall not be
used as standing, loading or unloading areas.
(4)
Loading areas, as required under this section, shall
be provided in addition to off-street parking spaces and shall not
be considered as supplying off-street parking spaces.
(5)
Off-street loading and unloading areas shall conform,
as applicable, to all design and locational standards set forth for
off-street parking.
D.
Water supply.
(1)
Water supply system.
(a)
All installations shall be properly connected
with an approved functioning public community water system, either
regulated by the Board of Public Utilities or owned and operated by
the Township prior to the issuance of a certificate of occupancy.
[1]
Subdivisions shall be connected to an existing
public water supply system if public service is available within the
following distances: 200 feet for one-unit, 400 feet for two-unit,
600 feet for three-unit, 800 feet for four-unit, and 1,000 feet for
five- unit to fifteen-unit developments. For developments of greater
than 15 units which are within one mile from an existing public water
system, adequate justification should be provided as to why they should
not provide a connection to the existing public water supply system.
For developments of greater than 15 units which are more than one
mile from an existing system, the water supply strategy shall be determined
on a case-by-case basis taking into consideration the density of the
development, economic considerations, and groundwater availability
and quality.
[2]
If a public water supply system will be provided
to the area as indicated in the municipal Water Master Plan, Official
Map, or other official document, a municipality may require installation
of a capped system or "dry lines" (mains, only) within the road right-of-way;
or alternatively, a municipality may require a payment in lieu of
the improvement.
[3]
All proposals for new public community water
supplies or extensions to existing public community water supply systems
exceeding $150,000 in construction costs must receive a permit from
the Bureau of Safe Drinking Water in the New Jersey Department of
Environmental Protection, prior to the construction and use of the
water supply facilities.
(b)
The water supply system shall be adequate to
handle the necessary flow based on complete development.
(c)
Fire protection facilities shall be furnished
for all developments.
(d)
Minimum fire flows shall be based on recommendations
by the American Insurance Association and the National Board of Fire
Underwriters, as indicated in Exhibits 9-4 and 9-5.
|
Exhibit 9-4
Fire Flows
| |||
|---|---|---|---|
|
Population
|
Flow
(gallons
per minute)
|
Duration of Flow
(hours)
| |
|
Under 100
|
500
|
4
| |
|
1,000
|
1,000
|
4
| |
|
1,500
|
1,250
|
5
| |
|
2,000
|
1,500
|
6
| |
|
3,000
|
1,750
|
7
| |
|
4,000
|
2,000
|
8
| |
|
5,000
|
2,250
|
9
| |
|
6,000
|
2,500
|
10
| |
|
10,000
|
3,000
|
10
| |
(e)
The water system shall be designed to carry
peak-hour flows and be capable of delivering the peak hourly demands
indicated in Exhibit 9-5.
|
Exhibit 9-5
Design Standards for Peak-Hour Flow
| ||
|---|---|---|
|
Total Houses
Served
|
Peak Hourly Rates
(gpm per house)
| |
|
5
|
8.0
| |
|
10
|
5.0
| |
|
50
|
3.0
| |
|
100
|
2.0
| |
|
250
|
1.3
| |
|
500
|
0.8
| |
|
750
|
0.7
| |
|
1,000 or more
|
0.6
| |
(f)
For developments of one- and two-family dwellings,
not exceeding two stories in height, the short method indicated in
Exhibit 9-6 may be used.
|
Exhibit 9-6
Short Method for Calculating Fire Flows
| ||
|---|---|---|
|
Distance Between Buildings*
|
Required Fire Flow
(gallons per minute)
| |
|
Over 100 feet
|
500
| |
|
31 feet to 100 feet
|
750 to 1,000
| |
|
11 feet to 30 feet
|
1,000 to 1,500
| |
|
10 feet or less
|
1,500 to 2,000
| |
|
*For contiguous buildings (attached dwelling
units of two or more two-family units and/or multifamily units), a
minimum of 2,500 gpm may be used.
|
(2)
System design and placement. System design and placement
shall comply with the construction specifications and with the requirements
of the Gordons Corner Water Company, or Township Engineer, as applicable.
(3)
Fire hydrants.
(a)
Hydrants shall be spaced to provide necessary
fire flow, and the average area per hydrant typically should not exceed
120,000 square feet. In addition, hydrants shall be spaced so that
each residence shall be within 500 feet of a hydrant.
(b)
A hydrant shall be located at all low points
and at all high points with adequate means of drainage provided.
(c)
Hydrants shall be located at the ends of lines,
and valves of full line size shall be provided after hydrants tees
at the ends of all dead lines and lines which may be extended in the
future.
(d)
Size, type, and installation of hydrants shall
conform to the specifications as set forth in the construction specifications
and/or the requirements of the Gordons Corner Water Company and approval
of the Manalapan Fire Prevention Bureau.
E.
Sanitary sewers.
(1)
Sanitary sewer system.
(a)
All installations shall be properly connected
with an approved and functioning sanitary sewer system prior to the
issuance of a certificate of occupancy.
(b)
Subdivisions shall be connected to an existing
public sanitary sewer system if public service is available within
the following distances: 200 feet for one-unit, 400 feet for two-unit,
600 feet for three-unit, 800 feet for four-unit, and 1,000 feet for
five-unit to fifteen-unit developments. For developments of greater
than 15 units which are within one mile from an existing public sanitary
sewer system, adequate justification should be provided as to why
they should not provide a connection to the existing public water
supply system. For developments of greater than 15 units which are
more than one mile from an existing system, the sanitary sewer strategy
shall be determined on a case-by-case basis, taking into consideration
the density of development, and economic considerations.
(c)
If a public system is not in place or cannot
be extended, the developer may provide individual subsurface disposal
systems subject to applicable Board of Health and NJDEP regulations.
(d)
If a public sanitary sewer system will be provided
to the area as indicated in the municipal Sewer Master Plan, Official
Map, or other official document, a municipality may require installation
of a capped system (mains, only) within the road right-of-way; or
alternatively a municipality may require a payment in lieu of the
improvement. Capped sanitary sewers shall be allowed only in areas
indicated for sewer service in State of New Jersey Statewide Water
Quality Management (WQM) Plans and where permitted by the sewer connection
approval.
(2)
System planning, design and placement.
(a)
The planning, design, construction, installation,
modification, and operation of any treatment works shall be in accordance
with the applicable NJDEP regulations implementing the New Jersey
Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) and the New
Jersey Water Quality Planning Act (N.J.S.A. 58:11A-1 et seq.).
[Amended by Ord. No. 95-14]
Where there is a question as to a specific requirement,
the Standard Specifications of NJDOT Road and Bridge Construction
shall apply.
A.
Curbs.
(1)
The standard curb section used shall be 20 feet in
length. All concrete used for curbs shall be prepared in accordance
with the requirements by class concrete of the New Jersey Department
of Transportation, Standard Specifications for Road and Bridge Construction
(latest edition). The twenty-eight-day compressive strength of the
concrete used shall be not less than the following:
|
Type of Concrete
|
Average Strength
(pounds per square inch)
| |
|---|---|---|
|
Class P
|
6,500
| |
|
Class A
|
5,500
| |
|
Class B, B-1
|
5,000
| |
|
Class C, C-1
|
4,500
|
(2)
Curbs and/or combination curbs and gutters shall be
constructed of Class B concrete, air-entrained (4,000 psi).
(3)
Where drainage inlets are constructed, but curbs are
not required, curbing must be provided at least 10 feet on each side
of the inlet, set back one foot from the extension of the pavement
edge.
(4)
Open joints shall be provided every 10 feet. One-half-inch
bituminous expansion joints shall be provided every 20 feet.
B.
Sidewalks and bikeways.
(1)
Sidewalks and graded areas.
(a)
Sidewalks shall be four inches thick except
at points of vehicular crossing where they shall be at least six inches
thick. At vehicular crossings, sidewalks shall be reinforced with
welded wire fabric mesh or an equivalent.
(b)
Concrete sidewalks shall be Class C concrete,
having a twenty-eight-day compressive strength of 4,500 psi. Other
paving materials may be permitted depending on the design of the development.
(c)
Graded areas shall be planted with grass or
treated with other suitable ground cover and their width shall correspond
to that of sidewalks.
(2)
Bikeways.
(a)
Bicycle paths. Dimensions and construction specifications
of bicycle paths shall be determined by the number and type of users
and the location and purpose of the bicycle path. A minimum eight-foot
paved width should be provided for two-way bicycle traffic and a five-foot
width for one-way traffic.
(b)
Bicycle lanes. Lanes shall be four feet wide,
or wide enough to allow safe passage of bicycles and motorists.
(c)
Bicycle-safe drainage grates shall be used in
the construction of all residential streets.
C.
Street grade, intersections, pavement, and lighting.
(1)
Street grade.
(a)
Minimum street grade permitted for all streets
shall be 0.5%; but streets constructed at this grade shall be closely
monitored and strict attention paid to construction techniques to
avoid ponding. Where topographical conditions permit, a minimum grade
of 0.75% shall be used.
(b)
Maximum street grade shall be 8%.
(2)
Street intersections, center-line radius, and sight
triangles.
(a)
Minimum intersection angle. Street intersections
shall be as nearly at right angles as possible and in no case shall
be less than 75°.
(b)
Minimum center-line offset of adjacent intersections.
New intersections along one side of an existing street shall, if possible,
coincide with any existing intersections on the opposite side of each
street. Use of "T" intersections in subdivisions shall be encouraged.
To avoid corner-cutting when inadequate offsets exist between adjacent
intersections, offsets shall be at least between 175 to 200 feet between
center lines.
(c)
Minimum curb radius. Intersections shall be
rounded at the curbline, with the street having the highest radius
requirement as shown in Exhibit 9-7 below determining the minimum
standard for all curblines.
(d)
Grade. Intersections shall be designed with
a flat grade wherever practical. Maximum grade within intersections
shall be 5% except for collectors which shall be 3%.
(e)
Minimum center-line radius; minimum tangent
length between reverse curves; and curb radii. Requirements shall
be as shown in Exhibit 9-7.
|
Exhibit 9-7
Street Design and Intersection Standards
| |||
|---|---|---|---|
|
Intersection Standards
|
Local Street
|
Collector Street
| |
|
Maximum grade within 50 feet of intersection
|
5%
|
3%
| |
|
Minimum center-line radius
|
150 feet
|
300 feet
| |
|
Minimum tangent length between reverse curves
|
100 feet
|
150 feet
| |
|
Curb radii
|
25 feet
|
35 feet
| |
(f)
Sight triangles. Sight triangle easements shall
be required and shall include the area on each street corner that
is bounded by the line which connects the sight or "connecting" points
located on each of the right-of-way lines of the intersecting street.
The planting of trees or other plantings or the location of structures
exceeding 30 inches in height that would obstruct the clear sight
across the area of the easements shall be prohibited, except for street
signs, fire hydrants, light standards, or trees with a high branching
pattern that leave a minimum clearance of 10 feet between the lowest
branches and the ground. A public right-of-entry shall be reserved
for the purpose of removing any object, material or otherwise, that
obstructs the clear sight. The distances shown in Exhibit 9-8[1] between the connecting points and the intersection of
the right-of-way lines shall be required.
[1]
Editor's Note: Exhibit 9-8 is included at the end of this chapter.
(g)
Intersection spacing. No two streets may intersect
with any other street on the same side at a distance of less than
400 feet measured from center line to center line of the intersecting
streets.
(3)
Pavement. Pavement design for local and collector
streets and parking areas shall adhere to the specifications for their
full paved area as shown on Exhibit 9-9.[2]
[2]
Editor's Note: Exhibit 9-9 is included at the end of this chapter.
(4)
Lighting. Lighting shall be designed in accordance
with a plan prepared by the local utility company or its representative
and designed to the standards recommended in the "IES Lighting Handbook,"
shown in Exhibit 9-10,[3] shall be used as a guideline and as approved by the Township
Engineer. The developer shall take whatever action is required at
its own expense to pay any and all initial costs necessary to provide
that future payments by the Township shall be based upon the "contribution
fixtures" rate as established in the service classification SVL and
the service classification MVL rates as established by GPU Energy
and approved by the Board of Public Utilities, dated January 1, 2000,
or as otherwise amended, and such agreement with the local utility
company shall be reviewed and approved by the Township Engineer and
the Township Attorney.
[Amended 6-13-2001 by Ord. No. 2001-06]
[3]
Editor's Note: Exhibit 9-10 is included at the end of this chapter.
D.
Water supply system design and placement.
(1)
System design and placement shall comply with all
applicable Gordon's Corner Water Company, Township of Manalapan, NJDEP,
and AWWA, with the strictest standards governing.
(2)
Fire hydrants. Size type, and installation of hydrants
shall be in accordance with local practice, or shall conform to the
American Water Works Association standard for dry barrel fire hydrants
(AWWA C-502). Hydrants shall have at least three outlets; one outlet
shall be a pumper outlet and other outlets shall be at least 2 1/2
inches nominal size. Street main connections should be not less than
six inches in diameter. Hose threads on outlets shall conform to National
Standard dimensions. A valve shall be provided on connections between
hydrants and street mains. All pipe, fittings, and appurtenances supplying
fire hydrants shall be AWWA- or ASTM-approved.
E.
Sanitary sewer system design and placement. Plans
for sanitary systems shall reflect New Jersey State regulations and
guidelines which implement the New Jersey Water Pollution Control
Act (N.J.S.A. 58:10A-1 et seq.) and the New Jersey Water Quality Planning
Act (N.J.S.A. 58:11A-1 et seq.) and shall conform to the requirements
of the Western Monmouth Utilities Authority.[4][5]
[Amended by Ord. No. 96-12]
Improvement guarantees shall be provided prior
to the recording of final subdivision plats or as a condition of final
site plan approval to ensure the municipality of the proper installation
and maintenance of on-site and on-tract improvements.
A.
Performance guarantees.
(1)
Requirement.
[Amended 10-13-2004 by Ord. No. 04-25]
(a)
Before signing and recording of final subdivision
plats, the applicant shall have installed, under the inspection of
the Township Engineer, all improvements required unless the applicant
has posted and the governing body accepted a performance guarantee
providing for such installation. The amount of the guarantee shall
be determined by the Township Engineer, not to exceed 120% of the
estimated cost of constructing the improvement, including: streets,
curbs, grading, pavement, gutters, sidewalks, streetlighting, surveyor's
monuments, water mains, culverts, storm sewers, sanitary sewers, drainage
structures, soil erosion and sediment control devices, public improvements
of open space, traffic street signage, pavement markings, shade trees
and, in the case of site plans only, other on-site improvements and
landscaping. The Township Engineer shall prepare an itemized cost
estimate of the improvements covered by the performance guarantee,
which itemized cost estimate shall be appended to each performance
guarantee posted by the obligor.
(b)
In addition to the posting of performance guarantees
for the installation of shade trees, the owner or subdivider shall
post a sum of money into a Township Shade Tree Fund. The amount to
be posted shall be calculated pursuant to a schedule recommended by
the Manalapan Shade Tree Committee in January and July of every year
and as established by resolution of the Township Committee. This money
shall be utilized by the Township, upon the advice of the Shade Tree
Committee, for the maintenance, relocation and replacement of said
trees and such other trees as may be located in the Township.[1]
(2)
Performance guarantees shall be submitted in
the following form:
(a)
A minimum of 10% of the performance guarantee
must be posted in cash.
(b)
The remaining 90% of the performance guarantee
amount shall be posted in cash, certified check, irrevocable standby
letter of credit or surety bond issued by an insurance or bonding
company licensed to do business in the State of New Jersey and acceptable
to the Township Attorney and Finance Director, in the favor of the
Township.
(c)
If the applicant elects to post an irrevocable
standby letter of credit, it must be written in the following form. [2]
[2]
Editor's Note: The irrevocable standby letter of credit is included at the end of this chapter.
(d)
All guarantees shall provide for construction
of the required improvements within two years of the date of their
posting or such other time as determined by the municipal agency.
This time period may be extended by the governing body, in the form
of a resolution granting such extension provided the municipal agency
has, if necessary, extended the period of protection pursuant to N.J.S.A.40:55D-52a.
As a condition of this extension the guarantee amount may be adjusted
to 120% of the estimated cost to construct the improvements at that
time and additional inspection fees deemed necessary by the municipal
agency shall be paid.
(e)
All performance guarantees shall remain in effect
until formally released by the governing body by a resolution and
receipt of an approved maintenance guarantee as required.
(f)
All guarantees, sureties, and lending institutions
are subject to the approval of the Municipal Attorney and the governing
body.
(3)
Inspections.
(a)
All site improvements shall be inspected during
the time of their installation under the supervision of the Township
Engineer. Prior to the start of construction of any improvements,
the applicant shall deposit by cash or certified check with the Township
Clerk the applicable inspection fee required by Article III. In addition,
a preconstruction meeting shall be held with the Township Engineer,
the developer, site superintendent, and all prime contractors, as
required.
(b)
In no case shall installation of underground
facilities or any paving work be conducted without permission from
the Township Engineer.
(c)
The Engineer's office shall be notified two
working days prior to commencement of each of the following phases
of construction so that the Engineer or his designated representative
may be present to inspect the work.
[1]
Site clearing and grading.
[2]
Road subgrade.
[3]
Curb and gutter forms.
[4]
Curbs and gutters.
[5]
Road paving.
[6]
Sidewalk forms and driveway apron.
[7]
Sidewalks and driveway aprons.
[8]
Drainage pipes and other stormwater management
construction.
[9]
Street name signs.
[10]
Survey monuments.
[11]
Water distribution systems.
[12]
Detention and/or retention basins.
[13]
Final grading, topsoil, seeding,
planting, shade trees.
[14]
Traffic signage and stripping.
(d)
Any improvement installed contrary to the plan
or plat approval by the Township or Township design standard shall
constitute just cause to void the municipal approval.
(e)
Any improvements installed without notice for
inspection (as determined by the Township Engineer) shall constitute
just cause for:
[1]
The issuance of a stop-work order by the Township
Engineer pending the resolution of any dispute.
[2]
Removal of the uninspected improvements.
[3]
The payment by the developer of any costs of
material testing.
[4]
The restoration by the developer of improvements
disturbed by any material testing.
(f)
Inspection by the Township of the installation
of improvements and utilities shall not operate to subject the Township
to liability for claims, suits or liability of any kind that may at
any time arise because of defects or negligence during construction
or at any time thereafter; it being recognized that the responsibility
to maintain safe conditions at all times during construction and to
provide proper utilities and improvements is upon the owners and his
contractor, if any.
(4)
Developer's agreement.
(a)
Prior to the signing and recording of final
major subdivision plats and as a condition of final site plan approval
in the case of a site plan, the developer shall enter into an agreement
with the governing body. This agreement shall be of a form that is
acceptable to the Municipal Attorney and one in which the developer
agrees to abide by the terms and conditions of approval, construct
the required improvements in accordance with the approved plans, agree
to maintain the constructed improvements including but not limited
to, payment of streetlighting charges, snow removal, maintenance of
storm drainage, sewer and water facilities. The developer also shall
agree that in the event the improvements are not maintained, the Township
can utilize the cash portions of the performance guarantees to immediately
attend to items presenting a safety hazard.
(b)
The developer shall reimburse the Township for
the cost and expense of the developer's agreement and filing of the
developer's agreement with the County Clerk in accordance with the
applicable professional contract, prior to execution of same.
(5)
Release of guarantees.
(a)
Request by obligor for list of uncompleted improvements;
as-built plans; inspection.
[1]
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Township Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 95-10.1A(1) of this chapter, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor.
[2]
Concurrent with this request, the obligor shall
forward a set of as-built plans for the following:
[a]
Roads (plan and profiles).
[b]
Surface and stormwater drainage
(plans and profiles) for facilities in roads and easements.
[c]
Sanitary sewers including individual
lot connections and cleanouts (plans and profiles) for facilities
in roads and easements.
[d]
Water mains, gas mains and underground
electric, telephone and community antenna television (CATV) conduits
(plans and profiles) for facilities in roads and easements.
[3]
Upon acceptance of the as-built plan information
by the Township Engineer, two Mylar and four paper copies of the as-built
plan shall be submitted to the Township.
[4]
Thereupon the Municipal Engineer shall inspect
all of the improvements covered by the obligor's request and shall
file a detailed list and report, in writing, with the governing body,
and shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
[5]
The list prepared by the Municipal Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 95-10.1A(1) of this chapter.
(b)
The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 95-10.1A(1) of this chapter. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
(c)
Failure of Engineer to provide list and governing
body to approve or reject improvements.
[1]
If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to § 95-10.1A(5)(a) of this chapter within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
[2]
If the governing body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 95-10.1A(1) of this chapter; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(d)
In the event that the obligor has made a cash
deposit with the municipality or approving authority as part of the
performance guarantee, then any partial reduction granted in the performance
guarantee pursuant to this subsection shall be applied to the cash
deposit in the same proportion as the original cash deposit bears
to the full amount of the performance guarantee.
(e)
If any portion of the required improvements
is rejected, the approving authority may require the obligor to complete
or correct such improvements and, upon completion or correction, the
same procedure of notification, as set forth in this section shall
be followed.
(f)
Nothing herein, however, shall be construed
to limit the right of the obligor to contest by legal proceedings
any determination of the governing body or the Municipal Engineer.
(g)
The obligor shall reimburse the municipality
for all reasonable inspection fees paid to the Municipal Engineer
for the foregoing inspection of improvements, provided that the municipality
may require of the developer a deposit for the inspection fees in
an amount not to exceed, except for extraordinary circumstances, the
greater of $500 or 5% of the cost of improvements estimated pursuant
to the Municipal Land Use Law. For those developments for which the
reasonably anticipated fees are less than $10,000, fees may, at the
option of the developer, be paid in two installments. The initial
amount deposited by a developer shall be 50% of the reasonably anticipated
fees. When the balance on deposit drops to 10% of the reasonably anticipated
fees because the amount deposited by the developer has been reduced
by the amount paid to the Municipal Engineer for inspection, the developer
shall deposit the remaining 50% of the anticipated inspection fees.
For those developments for which the reasonably anticipated fees are
$10,000 or greater, fees may, at the option of the developer, be paid
in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Municipal Engineer for inspection, the developer shall
make additional deposits of 25% of the reasonably anticipated fees.
The Municipal Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit, nor shall the
developer proceed with any work for which an inspection is required
until sufficient funds are on deposit.
(h)
In the event that final approval is by stages
or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions
of this subsection shall be applied by stage or section.
(i)
Any release of performance guarantees will be
conditioned upon the provision of a maintenance guarantee to be posted
with the governing body, in an amount equal to 15% of the performance
guarantee amount. The term of the maintenance guarantee shall be two
years.
(j)
No performance guarantees shall be released
if the developer shall be in default of its developer's agreement
in the payment of escrow fees or payment of taxes.
The installation of any subdivision improvements
or the commencement of any clearing and grading subsequent to preliminary
approval shall not be undertaken unless the following has been done:
A.
If at any time of preliminary approval but prior to
the commencement of final approval, the subdivider elects to proceed
with the installation of improvements required under this chapter,
the subdivider shall furnish the Township with the final construction
drawings and details.
B.
The municipal agency having jurisdiction over the
subdivision (Planning Board or Board of Adjustment) in consultation
with the Township Engineer shall review the final construction plans
to determine that the clearing, grading, and/or installation of improvements
will not hinder future developments or create physical or aesthetic
problems in the event that further development of the site is not
undertaken.
C.
The required construction, inspection, engineering,
and administration fees shall have been paid, and adequate performance
guarantees shall have been posted to provide for the cost to the Township
of performing work that may be necessary to protect adjacent property
owners and the public interest in the event that such clearing, grading
and/or further development of the site is not undertaken. Such performance
guarantees shall include, but are not limited to, the cost of the
Township providing stabilization of the site, drainage facilities
necessary to protect off-tract areas from flooding, screening, or
fencing that may be required and all improvements to be undertaken
which are within existing public rights-of-way or easements.
D.
Prior to any disturbance of the site or commencement
of any construction, the developer shall enter into an agreement with
the Township Committee. This agreement shall be of a form that is
acceptable to the Municipal Attorney and one in which the developer
agrees to abide by the terms and conditions of approval, construct
the required improvements in accordance with the approved plans, agree
to maintain the site and the constructed improvements. The developer
also shall agree that in the event that the site and improvements
are not maintained, the Township can utilize the cash portions of
the performance guarantee to immediately attend to items presenting
a safety hazard.
E.
No development permit shall be issued nor any work
commenced on-site until compliance with this section and notice of
intention to commence construction of such improvements shall be furnished
to the Township Engineer.
F.
At least two weeks prior to the start of any construction,
the developer shall notify the Township Engineer of his intention
to start work so that a preconstruction meeting can be arranged between
the developer and the engineer.
G.
The Township Engineer must be notified at least 48
hours in advance of any on-site development.
This article is intended to ensure a pro rata
share allocation of the costs for off-tract improvements necessitated
by new development.
As a condition of subdivision or site plan approval,
the municipal agency may require an applicant to pay his/her pro rata
share of the cost of providing reasonable and necessary circulation
improvements, and water, and drainage facilities, including land and
easements, located off-tract of the property limits of the subdivision
or development but necessitated or required by the development. "Necessary"
improvements are those clearly, directly, and substantially related
to the development in question. The municipal agency shall provide
in its resolution of approval the basis of the required improvements.
The proportionate or pro rata amount of the cost of such facilities
within a related or common area shall be based on the following criteria.
A.
Full allocation. In cases where off-tract improvements
are necessitated by the proposed development, and where no other property
owner(s) receive(s) a special benefit thereby or where neither the
Township nor any other government entity has planned or programmed
or accepted the responsibility for any portion of the cost of the
improvements, the applicant may be required at the applicant's sole
expense and as a condition of approval, to provide and install such
improvements.
B.
Proportionate allocation.
(1)
Where it is determined that properties outside
the development will also be benefited by the off-tract improvements,
and where either the Township or any other government entity has planned
or programmed or accepted the responsibility for any portion of the
cost of the improvement, the following criteria shall be utilized
in determining the proportionate share of the cost of such improvements
to the developer.
(2)
Nothing herein shall be construed to prevent
the municipal agency and the developer from agreeing to use a different
method to allocate cost.
(3)
Allocation formula.
(a)
Water supply. The applicant's proportionate
share of water distribution, supply, treatment, and storage facilities
including the installation, relocation or replacement of water, mains,
hydrants, valves, and appurtenances associated therewith, shall be
computed as follows:
[1]
The capacity and the design of the water supply
system shall be based on the standards specified in Article IX of
this chapter, computed by the developer's engineer and approved by
the Municipal Engineer.
[2]
The Municipal Engineer shall provide the applicant
with the existing and reasonably anticipated peak-hour flows as well
as capacity limits or the affected water system in terms of average
demand, peak demand, and fire demand;
[3]
If the required system does not exist or the
existing system does not have adequate capacity to accommodate the
applicant's flow given existing and reasonably anticipated peak hour
and fire flows, the pro rata share shall be computed to be the larger
of:
[a]
The partial cost of a shared improvement
where none now exists:
|
Total cost of
|
Capacity of improvement
| ||
|---|---|---|---|
|
improvement
|
=
|
(gallons per day)
| |
|
Developer's cost
|
Development-generated
| ||
|
design flow to be accommodated
| |||
|
by the improvement (gpd) or
|
[b]
The total cost of an improvement
designed to accommodate only the development flow, if such an alternative
is technically possible; or
[c]
The partial cost of a shared improvement
where the existing improvement has insufficient capacity:
|
Capacity of enlargement or
| |||
|---|---|---|---|
|
Total cost of enlarge-
|
improvement in excess of
| ||
|
ment or improvement
|
=
|
existing capacity (gpd)
| |
|
Developer's cost
|
Development-generated
| ||
|
design flow to be accommodated
| |||
|
by the enlargement or
| |||
|
improvement (gpd)
|
(b)
Roadways. The applicant's proportionate share
of street improvements, alignment, channelization, barriers, new or
improved traffic signalization, signs, curbs, sidewalks, trees, utility
improvements uncovered elsewhere, the construction or reconstruction
of new or existing streets, and other associated street or traffic
improvements shall be as follows:
[1]
The Municipal Engineer or planner shall provide
the applicant with the existing and reasonably anticipated future
peak-hour volumes for the off-tract improvements.
[2]
The applicant shall furnish, for approval by
the Municipal Engineer, the estimated peak-hour traffic generated
by the proposed development and the proportion thereof which is to
be accommodated by the proposed off-tract improvement.
[3]
If the required improvements do not exist or
if the existing system does not have adequate capacity to accommodate
reasonably anticipated volumes, the pro rata share shall be the larger
of:
[a]
The partial cost of a shared improvement
where none now exists:
|
Capacity of
| |||
|---|---|---|---|
|
Total cost of
|
improvement
| ||
|
or improvement
|
=
|
(peak-hour volume)
| |
|
Developer's cost
|
Development traffic
| ||
|
to be accommodated
| |||
|
by the enlargement or
| |||
|
improvement (peak-hour
| |||
|
volume) or
|
[b]
The total cost of an improvement
designed to accommodate only the development traffic volume if such
an alternative is technically possible; or
[c]
The partial cost of a shared improvement
where the existing improvement has insufficient capacity:
|
Capacity of enlargement
| |||
|---|---|---|---|
|
or improvement in excess
| |||
|
Total cost of enlarge-
|
existing capacity
| ||
|
ment or improvement
|
=
|
(peak-hour volume)
| |
|
Developer's cost
|
Development traffic to be
| ||
|
accommodated by the
| |||
|
enlargement or improvement
| |||
|
(peak-hour volume)
|
(c)
Drainage improvements. The applicant's proportionate
share of stormwater and drainage improvements including the installation,
relocation and replacement of storm drains, bridges, culverts, catch
basins, manholes, riprap, detention or retention basins, improved
drainage ditches and appurtenances thereto, and relocation or replacement
of other storm drainage facilities or appurtenances associated therewith,
shall be determined as follows:
[1]
The capacity and the design of the drainage
to accommodate stormwater runoff shall be based on the standards specified
in Article IX of this chapter, computed by the developer's engineer
and approved by the Municipal Engineer. The effect of on-site detention,
if any, is to be neglected.
[2]
The capacity of the enlarged, extended, or improved
system required for the subdivision and areas outside of the developer's
tributary to the drainage system shall be determined by the developer's
engineer subject to approval of the Municipal Engineer. The plans
for the improved system may be prepared by the developer's engineer
or the Municipal Engineer at the developer's expense and the estimated
cost of the enlarged system calculated by the Municipal Engineer.
[3]
If the required improvements do not exist or
if the existing system does not have adequate capacity to accommodate
reasonably anticipated volumes, the pro rata share shall be the larger
of:
[a]
The partial cost of a shared improvement
where none now exists:
|
Total cost of
|
Capacity of improvement
| ||
|---|---|---|---|
|
improvement
|
=
|
(cfs - peak 25-year storm)
| |
|
Developer's cost
|
Development-generated peak
| ||
|
runoff to be accommodated by
| |||
|
the enlargement or improvement
| |||
|
(cfs peak 25-year storm) or
|
[b]
The total cost of an improvement
designed to accommodate only the development flow, if such an alternative
is technically possible; or
[c]
The partial cost of a shared improvement
where the existing improvement has insufficient capacity:
|
Capacity of
| |||
|---|---|---|---|
|
Total cost of enlargement
|
improvement
| ||
|
or improvement cost
|
=
|
(cfs peak)
| |
|
Developer's cost
|
Development-generated
| ||
|
peak runoff to be accommodated
| |||
|
by the improvement (cfs)
|
The cost of an improvement shall be construed
to encompass all costs, including but not limited to planning, feasibility
studies, surveys, property and easement acquisition, design and construction.
Such costs shall also include all legal, accounting, surveying, engineering,
and other professional costs. Such costs may also include the cost
of eminent domain proceedings, reasonable contingencies and costs
of financing during construction.
Where the proposed off-tract improvement is
to be undertaken at a future date, the moneys required for the improvement
shall be deposited in an interest-bearing account to the credit of
the Township in a separate account until such time as the improvement
is constructed. If the off-tract improvement is not begun within the
period from the time of deposit as specified by law, all moneys and
interest shall be returned to the applicant.
The documents to be submitted are intended to
provide the municipal agency with sufficient information and data
to assure compliance with all municipal codes and specifications and
to ensure that the proposed development meets the design and improvement
requirements of this chapter. The specification of documents is based
on the type of development and particular stage of development application.
[Amended by Ord. No. 95-12; Ord. No. 95-14; Ord. No. 98-07; 6-9-2004 by Ord. No. 2004-15]
The documents and information to be submitted
are shown on the following pages which constitute a checklist of items
to be submitted.[1] In specific cases and for documented reasons, the municipal
agency may waive the submission of a particular document or information
or require the submission of additional documents or information.
The reasons for the waiver shall be indicated in the minutes of the
municipal agency. In addition to the documents shown on the following
pages, the items listed in Subsections A, B, C, D, E, F, G and H below
must be submitted prior to the release for filing of any plat or deed,
the installation of any improvements, or the release of any site plan
for the issuance of a development permit:
A.
A lighting plan reviewed and approved by the Township
Engineer for any major subdivision.
B.
A wetlands letter of interpretation or presence/absence
determination from the NJDEP, an application for such a letter or
determination, or other information identifying the location of wetlands,
if any, on the site.
C.
An agreement to exceed the standards of the New Jersey
Residential Site Improvement Standards. (Applicable only to residential
development and only where a standard or improvement specification
approved by the municipal agency is to exceed the minimum state requirement).
D.
Performance guarantees.
E.
Executed developers agreement.
F.
Affordable housing plan approved by the Township Committee.
(Applicable only to inclusionary developments where low- and moderate-income
dwelling units will be constructed).
G.
Letter of compliance from the Township Engineer that
the approval conditions have been met.
I.
Electronic
submission requirements.
[Added 12-16-2009 by Ord. No. 2009-29]
(1)
Unless
otherwise waived by the applicable land use board (i.e., Municipal
Planning Board or Municipal Zoning Board of Adjustment), in addition
to the current required submission requirements, all drawings/plans
associated with preliminary and final major site plans, minor subdivision,
and major subdivision (and the related reports) shall be submitted
in Adobe portable documents format (pdf) at 400 x 200 dpi. All other
associated checklist documents including, but not limited to, applications,
escrow sheets, completion checklists, environmental impact studies,
traffic studies, stormwater reports, sewer and water reports, reforestation
or woodland management plans, and permits associated with the application
shall be submitted in Adobe portable document format (pdf) at 300
x 300 dpi. Additionally, all plan revisions and resubmissions associated
with the above type of applications shall also be submitted in the
previously-referenced formats. Moreover, all filed maps and required
final as-built plans shall also be submitted in one of the following
formats:
(2)
Additionally,
the filed maps and required final as-built plans shall also contain
coordinate values for at least three identifiable boundary corners
(preferably in the 1983 New Jersey State Plane Coordinate System).
(3)
The
referenced electronic submission requirements shall be in addition
to the hard copy submission requirements which currently exist.
(4)
The within Subsection I shall not apply to major site plan applications, minor subdivision applications, or major subdivision applications which have already been deemed complete in accordance with the Municipal Land Use Law[2]and Township ordinances as applicable.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(5)
An
application for major site plan approval, minor subdivision approval
or major subdivision approval shall not be deemed complete by the
Township’s administrative official, or accepted for public hearing,
until such time as the required electronic submission materials have
been submitted.
[1]
Editor's Note: The Documents to be Submitted Checklist is included at the end of this chapter.
[Amended by Ord. No. 97-18]
A.
Purpose. It is hereby recognized that the unplanned
and unregulated development and use of land may have an adverse impact
upon the environment of the Township, and the data concerning the
potential environmental impact of the use and development of land
should be collected, compiled, analyzed and reported upon and that
such a report will be of considerable value for the proper evaluation
and review of land uses and individual development applications.
B.
An environmental impact statement (EIS) shall accompany
all applications for preliminary approval of subdivisions and site
plans and shall provide the information needed to evaluate the effects
of the proposed subdivision or site plan upon the environment.
C.
Contents of the environmental impact statement. The
EIS shall include a description of the proposed subdivision or developments
and the existing environment. An analysis of alternatives based on
impacts to the environment encompassing the following shall be included.
(1)
Hydrology.
(2)
Topography.
(3)
Geology.
(4)
Air quality.
(5)
Noise.
(6)
Biology.
(7)
Socioeconomic.
(8)
Transportation.
(9)
Energy.
(10)
Land use.
(11)
Archaeology.
(12)
Aesthetics.
(13)
Soil and minerals.
(14)
A description of the consistency of the proposed
environmental impact of the project if, implemented, during all phases
of site preparation, construction and operation including the following
shall be submitted:
(a)
Discussion of the consistency of the proposed
project with accepted federal, state, regional, county and local plans
in progress (master plans and zoning ordinances);
(b)
Discussion of how the proposed project will
encourage or discourage population and industrial growth;
(c)
Detailed description of the nature and extent
of all substances and materials to be regularly, periodically or intermittently
discharged from the proposed project into surface and/or subsurface
waters;
(d)
Discussion of whether and to what extent the
proposed project will result in the loss or alteration of any and
all environmental sensitive areas;
(e)
Identification and discussion of the nature
and extent of existing and projected compliance or noncompliance with
approved New Jersey Department of Environmental Protection water quality
standards, increases in pollution and/or turbidity levels;
(f)
Discussions of the beneficial and adverse effects
of the proposed project on aquatic biota and habitat;
(g)
Discussions of the effects the proposed project
will have on groundwater quality and quantity and the basis for such
determinations;
(h)
Discussion and description of water usage, including
effect on infiltration capacity and future water supply;
(i)
Discussion of any environmental effects from
thermal discharges;
(j)
Detailed description of the nature and extent
of any and all substances and materials which will be emitted into
the ambient air, and whether such emissions will meet or affect emission
standards and regulations of the New Jersey Department of Environmental
Protection;
(k)
Discussion of ambient air quality data, present
and projected, with due regard to cumulative aspects, so that direct
comparison may be made between present air quality, projected air
quality and air quality standards, considering the effect on nearby
residences and businesses;
(l)
Discussions of the precautions taken to prevent
odor problems from becoming a public nuisance and/or being in violation
of the State Air Pollution Control Act;
(m)
Discussion of the precautions taken to prevent
the dissemination or any airborne transportation of pathogenic organisms;
(n)
Discussion of the gain or loss of aquatic and
terrestrial wildlife habitat and its effect;
(o)
Discussion of the gain or loss of food chain
on the aquatic and terrestrial wildlife;
(p)
Discussion of the effect of noise, dust, lighting,
turbidity and siltation from construction and operation upon aquatic
and terrestrial wildlife;
(q)
Discussion of the socioeconomic effects on the
Township induced by the proposed project and additional development
attributable to the proposed action, including availability or lack
of public services (schools, parks, fire and police protection);
(r)
Discussion of the nature and extent and effects
of construction and operational noise levels in terms of decibels,
time of noise, duration and source, and discussion of any noise control
methods to be used;
(s)
Description of any and all effects on the recreational
capabilities of the neighborhood and Township;
(t)
Discussion of how the project will affect historical,
archaeological and/or cultural resources;
(u)
Discussion of the proposed methods for solid
waste handling and disposal;
(v)
Graphic description of the shadows cast by any
structures.
(15)
A discussion of the potential of man-made accidents
and of adverse environmental impacts which cannot be avoided, reduced
in severity, or reduced to an acceptable level in the construction
or operation of the proposed project, shall be submitted and shall
include the following:
(a)
Reasons why such adverse impacts cannot be reduced
in severity, or reduced to an acceptable level;
(b)
Implications of the adverse impact in relation
to on-site and off-site environment;
(c)
Where abatement measures can reduce adverse
impacts to acceptable levels;
(d)
Identification of all permits required for the
proposed development and further identification of any waivers or
modifications proposed as part of the permit application process.
(16)
A description of alternatives to the project
in sufficient detail to permit an independent and comparative evaluation
of the proposed project with all reasonable alternatives in terms
of the benefits, costs, environmental risks, potential for reducing
or eliminating adverse impacts and reasons for not selecting such
alternatives shall be submitted and shall include the following:
(17)
A description of any and all short-term cumulative
and long-term effects of the proposed project which either significantly
reduce or enhance the state of the environment for the future generations.
(18)
A discussion of the prior use of any hazardous
substances on the land. Such discussion shall describe the extent,
if any, of the prior use of hazardous substances on the land for manufacturing
or related processes, storage, treatment and disposal for a previous
period of not less than 25 years from the date in which the application
was filed nor more than 50 years. For the purposes of this chapter,
hazardous substances shall mean those elements and compounds, including
petroleum products, which are defined as such by the Department of
Environmental Protection, inclusive of the list of hazardous substances
adopted by the Environmental Protection Agency pursuant to Section
311 of the "Federal Water Pollution Control Act Amendments of 1972"
(33 U.S.C. 1321) and the list of toxic pollutants designated by Congress
or the Environmental Protection Agency pursuant to Section 307 of
that act (33 U.S.C. 1317) except that sewage and sewage sludge shall
not be considered as hazardous substance for the purposes of this
section.
(19)
Identification and discussion of any historic pesticides used on
the subject site. If a property is currently or has historically been
used for agricultural purposes, the following additional requirements
shall apply:
[Added 7-14-2010 by Ord. No. 2010-08]
(a)
Sampling, analysis, and remediation shall be conducted for lead,
arsenic, organic pesticides and other contaminants consistent with
the New Jersey Department of Environmental Protection’s (NJDEP’s)
“Findings and Recommendations for the Remediation of Historic
Pesticide Contamination” (March 1999) and any subsequent revisions
or amendments to that document.
(b)
The number of soil samples collected and analyzed shall be in accordance
with NJDEP recommendations, with a minimum of one sample collected
from each proposed building lot and from each lot transferred or dedicated
to the Township or other government agency or to a homeowners' association.
(c)
For proposed residential development, the soil samples shall be collected
from the rear yards of each proposed lot.
(d)
The EIS shall include a sample location plan, the sample depth interval,
the laboratory analytical data, a comparison of the data to the applicable
NJDEP soil remediation standards (N.J.A.C 7:26D), and a discussion
of the results, including whether or not remediation is necessary.
(e)
Remediation, if necessary, shall be conducted in accordance with
applicable NJDEP requirements.
D.
Preparation and form of the environmental impact study.
(1)
The analysis should be in the form of a report
using the following format:
(a)
Cover sheet.
(b)
Executive summary.
(c)
Table of contents.
(d)
Purpose and need of action.
(e)
Alternatives including proposed action.
(f)
Affected environment.
(g)
Environmental consequences of alternatives.
(h)
List of agencies having jurisdiction over project
and distribution list for the analysis.
(i)
List of preparers.
(j)
Appendices.
(2)
Preparation of environmental impact statement.
The environmental impact statement shall be prepared by a competent
consultant or consultants, firm, agency, individual or persons. The
applicant must provide written documentation to the Board at the time
the environmental impact statement is submitted as to the qualifications
and experience of such consultant, consultants, firm, agency, individual
or persons selected and paid for by the applicant.
E.
Submission of environmental impact statement.
(1)
The applicant shall submit five copies and one electronic version
of the environmental impact statement, and the EIS shall be distributed
as follows:
[Amended 7-26-2017 by Ord. No. 2017-16]
(2)
In reviewing the environmental impact statement,
the Board may refer the report to a qualified consultant, at the applicant's
expense, to obtain comments and suggestions with respect thereto,
and may consider such information in deciding whether to approve,
request modifications, formulate terms or conditions subject to which
approval may be given, or reject the applicant.
(3)
For the purposes of this article, "Board" shall
mean those bodies established pursuant to N.J.S.A. 40:55D-23 and N.J.S.A.
40:55D-69.
F.
Waiver of the environmental impact statement requirement.
The Board may waive the requirement for all or part of the environmental
impact statement if the proposed development will have a slight environmental
impact, or upon a finding that the complete report is not needed in
order to evaluate the environmental impact. An applicant seeking a
waiver for all or a part of the environmental impact statement shall
submit such request in writing at the time of filing the development
application with the Board. The Board shall act upon same request
within the forty-five-day period for determination of completeness.
A general development plan shall include the
following:
A.
A general land use plan indicating the tract area
and general locations of the land uses to be included in the planned
development. The total number of dwelling units and amount of nonresidential
floor area to be provided and proposed land area to be devoted to
residential and nonresidential use shall be set forth. In addition,
the proposed types of nonresidential uses to be included in the planned
development shall be set forth, and the land area to be occupied by
each proposed use shall be estimated. The density and intensity of
use of the entire planned development shall be set forth, and a residential
density and a nonresidential floor area ratio shall be provided;
B.
A circulation plan showing the general location and
types of transportation facilities, including facilities for pedestrian
access within the planned development and any proposed improvements
to the existing transportation system outside the planned development;
C.
An open space plan showing the proposed land area
and general location of parks and any other land areas to be set aside
for conservation and recreational purposes and a general description
of improvements proposed to be made thereon, including a plan for
the operation and maintenance of parks and recreational lands;
D.
A utility plan indicating the need for and showing
the proposed location of sewage and waterlines, any drainage facilities
necessitated by the physical characteristics of the site, proposed
methods for handling solid waste disposal, and a plan for the operation
and maintenance of proposed utilities;
E.
A stormwater management plan setting forth the proposed
method of controlling and managing stormwater on the site;
F.
An environmental inventory including a general description
of the vegetation, soils, topography, geology, surface hydrology,
climate and cultural resources of the site, existing man-made structures
or features and the probable impacts of the development on the environmental
attributes of the site;
G.
A community facility plan indicating the scope and
type of supporting community facilities which may include, but not
be limited to, educational or cultural facilities, historic sites,
libraries, hospitals, firehouses and police stations;
H.
A housing plan outlining the number of housing units
to be provided and the extent to which any housing obligation assigned
to the municipality pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301
et seq.) will be fulfilled by the development;
I.
A local service plan indicating those public services
which the applicant proposes to provide and which may include, but
not be limited to, water, sewer, cable and solid waste disposal;
J.
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection K below, and following the completion of the planned development in its entirety;
K.
A proposed timing schedule in the case of a planned
development whose construction is contemplated over a period of years,
including any terms or conditions which are intended to protect the
interests of the public and of the residents who occupy any section
of the planned development prior to the completion of the development
in its entirety; and
L.
A municipal development agreement, which shall mean
a written agreement between the municipality and a developer relating
to the planned development.
[Added 6-9-2004 by Ord. No. 2004-15]
A.
APPLICATION CHECKLIST
CONTRIBUTION
CONTRIBUTION DISCLOSURE STATEMENT
DEVELOPER
PROFESSIONAL
Definitions. The following terms shall, for the purposes
of the chapter, have the meanings indicated as follows:
The list of submission requirements adopted by ordinance
and provided by the municipal agency to a developer pursuant to N.J.S.A.
40:55D-10.3.
Every loan, gift, subscription, advance or transfer of money
or other thing of value, including any item of real property or personal
property, tangible or intangible (but not including services provided
without compensation by individuals volunteering a part or all of
their time on behalf of a candidate, committee or organization), made
to or on behalf of any candidate, candidate committee, joint candidates
committee, political committee, continuing political committee or
political party committee and any pledge, promise or other commitment
or assumption of liability to make such transfer. For purposes of
reports required under the provisions of this section, any such commitment
or assumption shall be deemed to have been a contribution upon the
date when such commitment is made or liability assumed.
A list specifying the amount, date, and the recipient of
any and all contributions made to or on behalf of any candidate, candidate
committee, joint candidates committee, political committee, continuing
political committee or political party committee of, or pertaining
to, this municipality, made up to one year prior to filing the variance
application and/or during the pendency of the application process,
and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq.
A developer as defined by N.J.S.A. 40:55D-4, i.e., the legal
or beneficial owner or owners of a lot or of any land proposed to
be included in a proposed development, including the holder of an
option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
Any person or entity whose principals are required to be
licensed by New Jersey law and who supplies legal representation,
expert testimony or written reports in support of an application.
Professionals shall include both any individuals supplying the representation,
testimonies or reports and the firms or entities in which said individuals
practice.
B.
Disclosure requirements.
(1)
Any applicant for a variance pursuant to N.J.S.A.
40:55D-70d or a variance pursuant to N.J.S.A. 40:55D-70c for a subdivision
not considered a minor subdivision pursuant to local ordinance or
a site plan not considered a minor site plan pursuant to local ordinance
as well as any application for a subdivision not considered a minor
subdivision pursuant to local ordinance or site plan not considered
a minor site plan pursuant to local ordinance requiring waivers or
exceptions pursuant to N.J.S.A. 40:55D-51 shall include in the application
contribution disclosure statements for all developers; all associates
of said Developers who would be subject to disclosure pursuant to
N.J.S.A. 40:55D-48.1 or 40:55D-48.2; and all professionals who apply
for or provide testimony, plans or reports in support of said variance
and who have an enforceable proprietary interest in the property or
development which is the subject of the application or whose fee in
whole or part is contingent upon the outcome of the application. Regardless
of whether the owner of the property which is the subject of the variance
application falls in any of the categories established in the preceding
sentence, the applicant shall include in the application a contribution
disclosure statement for said owner.
(2)
During the pendency of the application process
until final site plan approval is granted, any applicant required
to comply with this section shall amend its contribution disclosure
statements to include continuing disclosure of all contributions within
the scope of disclosure requirement of the above subsection.
C.
Inclusion of contribution disclosure statements as
an element of the application checklist.
(1)
An application checklist ordinance is hereby amended pursuant to N.J.S.A. 40:55D-10.3 to require that the contribution disclosure statements specified in Subsection B of this section be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70, waivers, applications for site plan or subdivision approval, not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
(2)
The application checklist for applications corresponding to § 95-12.2 of the Manalapan Code, for relief pursuant to N.J.S.A. 40:55D-70 or any application for waivers, site plan or subdivision approval not considered to be minor site plans or minor subdivisions are hereby amended to include the contribution disclosure statements specified in Subsection B of this section.
(3)
An application shall not be deemed complete
by the administrative official or accepted for public hearing by the
municipal agency until the required contribution disclosure statements
are submitted.
D.
Availability of the disclosure statement. All contribution
disclosure statements shall be available in the office of the administrative
officer for review by any member of the public.
E.
Intent of the disclosure statement. It is the intent
of this section that the disclosure statement shall serve to inform
the public and not serve as evidence relevant to the decision criteria
for applications pursuant to N.J.S.A. 40:55D-70, waivers, site plan
or subdivision approval not considered to be minor site plans or minor
subdivisions pursuant to local ordinance.
[Added by Ord. No. 95-16; amended by Ord. No. 96-14; Ord. No. 97-01; 5-23-2001 by Ord. No. 2001-09; 12-15-2004 by Ord. No. 2004-31; 11-30-2005 by Ord. No.
2005-36; 12-16-2009 by Ord. No. 2009-29; 9-15-2010 by Ord. No.
2010-15; 7-22-2020 by Ord. No. 2020-16]
The Township of Manalapan shall comply with the following monitoring
and reporting requirements regarding the status of the implementation
of its Housing Element and Fair Share Plan:
A.
Beginning on July 1, 2020, and on every anniversary of that date
through July 1, 2025, the Township shall provide annual reporting
of its Affordable Housing Trust Fund activity to the New Jersey Department
of Community Affairs, Council on Affordable Housing, or Local Government
Services, or other entity designated by the State of New Jersey, with
a copy provided to the Fair Share Housing Center (FSHC) and posted
on the municipal website, using forms developed for this purpose by
the New Jersey Department of Community Affairs (NJDCA), Council on
Affordable Housing (COAH), or Local Government Services (NJLGS). The
reporting shall include an accounting of all Affordable Housing Trust
Fund activity, including the source and amount of funds collected
and the amount and purpose for which any funds have been expended.
B.
Beginning on July 1, 2020, and on every anniversary of that date
through July 1, 2025, the Township shall provide annual reporting
of the status of all affordable housing activity within the municipality
through posting on the municipal website, with a copy of such posting
provided to the Fair Share Housing Center, using forms previously
developed for this purpose by COAH or any other forms endorsed by
the Special Master and FSHC.
C.
By July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the
Township will post on its municipal website, with a copy provided
to FSHC, a status report as to its implementation of its plan and
an analysis of whether any unbuilt sites or unfulfilled mechanisms
continue to present a realistic opportunity and whether any mechanisms
to meet unmet need should be revised or supplemented. Such posting
shall invite any interested party to submit comments to the municipality,
with a copy to FSHC, regarding whether any sites no longer present
a realistic opportunity and should be replaced and whether any mechanisms
to meet unmet need should be revised or supplemented. Any interested
party may by motion request a hearing before the Court regarding these
issues.
D.
By July 1, 2020, and every third year thereafter, as required by
N.J.S.A. 52:27D-329.1, the Township will post on its municipal website,
with a copy provided to FSHC, a status report as to its satisfaction
of its very-low-income requirements, including its family very-low-income
requirements. Such posting shall invite any interested party to submit
comments to the municipality and FSHC on the issue of whether the
municipality has complied with its very-low-income and family very-low-income
housing obligations.
The following terms, when used in this article, shall have the
meanings given in this section:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.[1]
The entity designated by the Township to administer affordable
units in accordance with this article, N.J.A.C. 5:93,[2] and UHAC (N.J.A.C. 5:80-26).
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which new restricted
units in an affordable housing development are affordable to very-low-,
low- and moderate-income households.
A sales price or rent level that is within the means of a
low- or moderate-income household as defined within N.J.A.C. 5:93-7.4,[3] and, in the case of an ownership unit, that the sales
price for the unit conforms to the standards set forth in N.J.A.C.
5:80-26.6, as may be amended and supplemented, and, in the case of
a rental unit, that the rent for the unit conforms to the standards
set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A development included in or approved pursuant to the Housing
Element and Fair Share Plan or otherwise intended to address the Township's
fair share obligation, and includes but is not limited to, an inclusionary
development, a municipal construction project or a 100% affordable
housing development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act and
approved for crediting by the Court and/or funded through an affordable
housing trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development wherein the unit
is situated are 62 years of age or older; or 2) at least 80% of the
units are occupied by one person who is 55 years of age or older;
or 3) the development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to: transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the State of New Jersey Department
of Community Affairs; residential health-care facilities as regulated
by the New Jersey Department of Health; group homes for the developmentally
disabled and mentally ill as licensed and/or regulated by the New
Jersey Department of Human Services; and congregate living arrangements.
A facility that is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
A household that has been certified by an Administrative
Agent as a very-low-income household, low-income household or moderate-income
household.
The Council on Affordable Housing, as established by the
New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
requires the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
included in a proposed development, including the holder of an option
to contract to purchase, or other person having an enforceable proprietary
interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market-rate
units. This term includes, but is not limited to: new construction,
the conversion of a nonresidential structure to residential use and
the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the regional median household income by household
size.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building, which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement and load-bearing structural
systems.
Housing not restricted to very-low-, low- and moderate-income
households that may sell or rent at any price.
The median income by household size for the applicable housing
region, as adopted annually by COAH or a successor entity approved
by the Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the regional median household income
by household size.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by duly adopted regional income limits published annually
by COAH or a successor entity.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or an ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1
et seq., as amended and supplemented, but does not include a market-rate
unit financed under the Urban Homeownership Recovery Program or Market
Oriented Neighborhood Investment Program.
The settlement agreement dated July 11, 2019, and the amended
settlement agreement dated October 16, 2019, between the Township
of Manalapan and Fair Share Housing Center dated in IMO Township of
Manalapan, Docket No. MON-L-2518-15.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to or less than 30% of the regional median household income by household
size.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for purposes of a rehabilitation
program.
A.
The provisions of this article shall apply to all affordable housing
developments and affordable housing units that currently exist and
that are proposed to be created within the Township of Manalapan pursuant
to the Township's most recently adopted Housing Element and Fair Share
Plan and the Settlement Agreement.
B.
This article shall apply to all developments that contain very-low-,
low- and moderate-income housing units, including any currently unanticipated
future developments that will provide very-low-, low- and moderate-income
housing units, and also including projects funded with low-income-housing
tax credits.
A.
The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8[1] and UHAC, with the following exceptions:
B.
With the exception of units established with capital funding through
a twenty-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least thirty-year controls on affordability in accordance
with UHAC, unless an alternative commitment is approved by the Court.
C.
The service provider for the alternative living arrangement shall
act as the Administrative Agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
In inclusionary developments, the following schedule for the
issuance of certificates of occupancy for the required affordable
housing units relative to the issuance of certificates of occupancy
for the permitted market units shall be followed:
|
Maximum Percentage of Market-Rate Units Completed (COs Issued)
|
Minimum Percentage of Low- and Moderate-Income Units Completed
(COs Issued)
|
|---|---|
|
25%
|
0%
|
|
25%+1 unit
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
A.
Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units:
(1)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit. At least 13% of all restricted rental units within each bedroom
distribution shall be very-low-income units (affordable to a household
earning 30% or less of regional median income by household size).
The very-low-income units shall be counted as part of the required
number of low-income units within the development.
(2)
At least 25% of the obligation shall be met through rental units,
including at least half in rental units available to families.
(3)
A maximum of 25% of the Township's obligation may be met with
age-restricted units. At least half of all affordable units in the
Township's plan shall be available to families.
(4)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be very-low- or low-income
units, including that 13% shall be very low income.
(5)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(6)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
very-low-, low- and moderate-income units within the inclusionary
development. This standard may be met by having all one-bedroom units
or by having a two-bedroom unit for each efficiency unit.
B.
Accessibility requirements.
(2)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)
An adaptable toilet and bathing facility on the first floor;
and
(b)
An adaptable kitchen on the first floor; and
(c)
An interior accessible route of travel on the first floor; and
(d)
An adaptable room that can be used as a bedroom, with a door,
or the casing for the installation of a door, on the first floor;
and
(e)
If not all of the foregoing requirements in Subsection B(2)(a) through (d) can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection B(2)(a) through (d) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7,[2] or evidence that Manalapan Township has collected funds
from the developer sufficient to make 10% of the adaptable entrances
in the development accessible:
[1]
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
[2]
To this end, the builder of restricted units shall deposit funds
within the Township of Manalapan Affordable Housing Trust Fund sufficient
to install accessible entrances in 10% of the affordable units that
have been constructed with adaptable entrances.
[3]
The funds deposited under Subsection B(2)(f)[2] above shall be used by the Township of Manalapan for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[4]
The developer of the restricted units shall submit a design
plan and cost estimate to the Construction Official of the Township
of Manalapan for the conversion of adaptable to accessible entrances.
[5]
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7,[3] and that the cost estimate of such conversion is reasonable,
payment shall be made to the Township's Affordable Housing Trust Fund
in care of the Township Treasurer, who shall ensure that the funds
are deposited into the Affordable Housing Trust Fund and appropriately
earmarked.
[3]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
[2]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
(g)
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is "site impracticable" to
meet the requirements. Determinations of site impracticability shall
be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.[4]
[4]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
(3)
Design.
(a)
In inclusionary developments, to the extent possible, very-low-,
low- and moderate-income units shall be integrated with the market
units.
(b)
In inclusionary developments, very-low-, low- and moderate-income
units shall have access to all of the same common elements and facilities
as the market units.
(4)
Maximum rents and sales prices:
(a)
In establishing rents and sales prices of affordable housing
units, the Administrative Agent shall follow the procedures set forth
in UHAC, utilizing the most recently published regional weighted average
of the uncapped Section 8 income limits published by HUD and using
the calculation set forth below. Income limits for all affordable
units that are created in the Township for which income limits are
not already established through a federal program exempted from the
UHAC pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Township
annually within 30 days of the publication of determinations of median
income by the Department of Housing and Urban Development ("HUD")
as follows:
[1]
Regional income limits shall be established for the region within
which the Township is located based on the median income by household
size, which shall be established by a regional weighted average of
uncapped Section 8 income limits published by HUD. To compute this
regional income limit, the HUD determination of median county income
for a family of four is multiplied by the estimated households within
the county according to the most recent decennial Census. The resulting
product for each county within a housing region is summed. The sum
is divided by the estimated total households form the most recent
decennial Census in the Township's housing region. This quotient represents
the original weighted average of median income for a household of
four. The income limit for a moderate-income unit for a household
of four shall be 80% of the regional weighted average median income
for a family of four. The income limit for a low-income unit for a
household of four shall be 50% of the HUD determination of the regional
weighted average median income for a family of four. The income limit
for a very-low-income unit for a household of four shall be 30% of
the regional weighted average median income for a family of four.
These income limits shall be adjusted by household size based on multipliers
used by HUD to adjust median income by household size. In no event
shall the income limits be less than those for the previous year.
[2]
The income limits are the result of applying the percentages set forth in Subsection B(4)(a)[1] above to HUD's determination of median income for the fiscal year 2019 and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
[3]
The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection B(4)(a)[1] above over the previous year's income limits and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.
[4]
The resale prices of owner-occupied very-low-, low- and moderate-income
units may increase annually based on the percentage increase in the
regional median income limit for each housing region determined pursuant
to the above methodology. In no event shall the maximum resale price
established by the Administrative Agent be lower than the last recorded
purchase price.
[5]
The rent levels of very-low-, low- and moderate-income units
may be increased annually based on the percentage increase in the
Housing Consumer Price Index for the Northeast Urban Area, upon its
publication for the prior calendar year. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low income housing tax credits.
(b)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted rental units
shall be affordable to households earning no more than 52% of median
income.
(c)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units, provided that at least
13% of all low- and moderate-income rental units shall be affordable
to very-low-income households, which very-low-income units shall be
part of the low-income requirement.
(d)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different sales prices
for each bedroom type, and low-income ownership units must be available
for at least two different sales prices for each bedroom type.
(e)
In determining the initial sales prices and rent levels for
compliance with the affordability average requirements for restricted
units other than assisted living facilities and age-restricted developments,
the following standards shall be used:
[1]
A studio shall be affordable to a one-person household;
[2]
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
[3]
A two-bedroom unit shall be affordable to a three-person household;
[4]
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
[5]
A four-bedroom unit shall be affordable to a six-person household.
(f)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities and age-restricted developments, the following
standards shall be used:
[1]
A studio shall be affordable to a one-person household;
[2]
A one-bedroom unit shall be affordable to a one-and-one-half-person
household; and
[3]
A two-bedroom unit shall be affordable to a two-person household
or to two one-person households.
[4]
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowners' association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(g)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
size household, including an allowance for tenant-paid utilities,
as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the rent shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(h)
The price of owner-occupied very-low-, low- and moderate-income
units may increase annually based on the percentage increase in the
regional median income limit for each housing region. In no event
shall the maximum resale price established by the Administrative Agent
be lower than the last recorded purchase price.
(i)
The rents of very-low-, low- and moderate-income units may be
increased annually based on the permitted percentage increase in the
Housing Consumer Price Index for the Northeast Urban Area. This increase
shall not exceed 9% in any one year. Rent increases for units constructed
pursuant to low-income housing tax credit regulations shall be indexed
pursuant to the regulations governing low-income housing tax credits.
A.
Affordable units shall utilize the same type of heating source as
market units within an inclusionary development.
B.
Tenant-paid utilities included in the utility allowance shall be
set forth in the lease and shall be consistent with the utility allowance
approved by HUD for the Section 8 program.
In referring certified households to specific restricted units,
the Administrative Agent shall, to the extent feasible and without
causing an undue delay in the occupancy of a unit, strive to:
A.
Control periods for newly constructed restricted ownership units
shall be in accordance with N.J.A.C. 5:80-26.5, except as modified
by the terms of the settlement agreement between the Township of Manalapan
and Fair Share Housing Center (FSHC), as said settlement agreement
may be further amended and supplemented, and each newly constructed
restricted ownership unit shall remain subject to the requirements
of this article for a period of at least 30 years, until Manalapan
Township takes action to release the unit from such requirements;
prior to such action, a restricted ownership unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, except as modified by the
terms of the settlement agreement between the Township of Manalapan
and Fair Share Housing Center (FSHC), as said settlement agreement
may be further amended and supplemented.
B.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
C.
Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the Administrative Agent shall determine
the restricted price for the unit and shall also determine the nonrestricted
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value without the restrictions in place.
D.
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the Administrative Agent a recapture
note obligating the purchaser (as well as the purchaser's heirs, successors
and assigns) to repay, upon the first nonexempt sale after the unit's
release from the restrictions set forth in this article, an amount
equal to the difference between the unit's nonrestricted fair market
value and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
E.
The affordability controls set forth in this article shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
F.
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all Code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.6, as may be amended and supplemented,
including:
A.
The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
B.
The Administrative Agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
C.
The master deeds of inclusionary developments shall provide no distinction
between the condominium or homeowners' association fees and special
assessments paid by very-low-, low- and moderate-income purchasers
and those paid by market purchasers.
D.
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of approved capital improvements. Eligible capital improvements shall
be those that render the unit suitable for a larger household or the
addition of a bathroom. See N.J.A.C. 5:80-26.13.
A.
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.7, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
B.
Notwithstanding the foregoing, the Administrative Agent may, upon
approval by the Township Council, and subject to the Court's approval,
permit a moderate-income purchaser to buy a low-income unit if and
only if the Administrative Agent can demonstrate that there is an
insufficient number of eligible low-income purchasers in the housing
region to permit prompt occupancy of the unit and all other reasonable
efforts to attract a low-income purchaser, including pricing and financing
incentives, have failed. Any such low-income unit that is sold to
a moderate-income household shall retain the required pricing and
pricing restrictions for a low-income unit.
C.
A certified household that purchases a restricted ownership unit
must occupy it as the certified household's principal residence and
shall not lease the unit; provided, however, that the Administrative
Agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to another
certified household for a period not to exceed one year.
D.
The Administrative Agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowners' association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
A.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the Administrative Agent
for a determination in writing that the proposed indebtedness complies
with the provisions of this section, and the Administrative Agent
shall issue such determination prior to the owner incurring such indebtedness.
B.
With the exception of first purchase money mortgages, neither an
owner nor a lender shall at any time cause or permit the total indebtedness
secured by a restricted ownership unit to exceed 95% of the maximum
allowable resale price of the unit, as such price is determined by
the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).
A.
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements made since the purchase of the unit. Eligible
capital improvements shall be those that render the unit suitable
for a larger household or that add an additional bathroom. In no event
shall the maximum sales price of an improved housing unit exceed the
limits of affordability for the larger household.
B.
Upon the resale of a restricted ownership unit, all items of property
that are permanently affixed to the unit or were included when the
unit was initially restricted (for example, refrigerator, range, washer,
dryer, dishwasher, wall-to-wall carpeting) shall be included in the
maximum allowable resale price. Other items may be sold to the purchaser
at a reasonable price that has been approved by the Administrative
Agent at the time of the signing of the agreement to purchase. The
purchase of central air conditioning installed subsequent to the initial
sale of the unit and not included in the base price may be made a
condition of the unit resale, provided the price, which shall be subject
to ten-year, straight-line depreciation, has been approved by the
Administrative Agent. Unless otherwise approved by the Administrative
Agent, the purchase of any property other than central air conditioning
shall not be made a condition of the unit resale. The owner and the
purchaser must personally certify at the time of closing that no unapproved
transfer of funds for the purpose of selling and receiving property
has taken place at the time of or as a condition of resale.
A.
Control periods for newly constructed restricted rental units shall
be in accordance with N.J.A.C. 5:80-26.11, except as modified by the
terms of the settlement agreement between the Township of Manalapan
and Fair Share Housing Center (FSHC), as such settlement agreement
may be further amended and supplemented, and each newly constructed
restricted rental unit shall remain subject to the requirements of
this article for a period of at least 30 years, until Manalapan Township
takes action to release the unit from such requirements. Prior to
such action, a restricted rental unit must remain subject to the requirements
of N.J.A.C. 5:80-26.11, except as modified by the terms of the settlement
agreement between the Township of Manalapan and Fair Share Housing
Center (FSHC), as such settlement agreement may be further amended
and supplemented.
B.
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Monmouth. The deed shall also identify each affordable
unit by apartment number and/or address and whether that unit is designated
as a very-low-, low- or moderate-income unit. Neither the unit nor
its affordability designation shall change throughout the term of
the deed restriction. A copy of the filed document shall be provided
to the Administrative Agent within 30 days of the receipt of a certificate
of occupancy.
C.
A restricted rental unit shall remain subject to the affordability
controls of this article despite the occurrence of any of the following
events:
A.
A written lease shall be required for all restricted rental units,
and tenants shall be responsible for security deposits and the full
amount of the rent as stated on the lease. A copy of the current lease
for each restricted rental unit shall be provided to the Administrative
Agent.
B.
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the Administrative Agent.
C.
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the Administrative Agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this article.
D.
No rent control ordinance or other pricing restriction shall be applicable
to either the market units or the affordable units in any development
in which at least 15% of the total number of dwelling units are restricted
rental units in compliance with this article.
All 100% affordable projects, including projects funded through
low-income housing tax credits, shall comply with the Uniform Housing
Affordability Controls, N.J.A.C. 5:80-26.1 et seq., except as modified
by the terms of the settlement agreement executed between the Township
of Manalapan and Fair Share Housing Center (FSHC), as such settlement
agreement may be further amended and supplemented, and as modified
by other ordinances adopted by the Township. All such projects shall
be required to have an initial thirty-year affordability control period
plus a fifteen-year extended use period.
A.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
(1)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of the regional
median household income by household size.
(2)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of the regional
median household income by household size.
(3)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of the regional median
household income by household size.
B.
The Administrative Agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income household,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(1)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(2)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(3)
The household is currently in substandard or overcrowded living
conditions;
(4)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(5)
The household documents reliable anticipated third-party assistance
from an outside source such as a family member in a form acceptable
to the Administrative Agent and the owner of the unit.
A.
There is hereby created the position of Municipal Housing Liaison.
The Municipal Housing Liaison shall be responsible for oversight and
administration of the affordable housing program for Manalapan Township,
including the following responsibilities which may not be contracted
out to the Administrative Agent:
(1)
Serving as Manalapan Township's primary point of contact for
all inquiries from the state, affordable housing providers, Administrative
Agents and interested households;
(2)
Monitoring the status of all restricted units in Manalapan Township's
Fair Share Plan;
(3)
Compiling, verifying, submitting and posting all monitoring
reports as required by the Court and by this article;
(4)
Coordinating meetings with affordable housing providers and
Administrative Agents, as needed; and
(5)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing at least
annually and more often as needed.
B.
The Township of Manalapan shall appoint a specific municipal employee
to serve as a Municipal Housing Liaison responsible for overseeing
the Township's affordable housing program, including overseeing the
administration of affordability controls on the affordable units and
the affirmative marketing of available affordable units in accordance
with the Township's Affirmative Marketing Plan; fulfilling monitoring
and reporting requirements; and supervising Administrative Agents.
Manalapan Township shall adopt a resolution appointing the person
to fulfill the position of Municipal Housing Liaison. The Municipal
Housing Liaison shall be appointed by the governing body and may be
a full- or part-time municipal employee.
C.
Subject to the approval of the Court, the Township of Manalapan shall
designate one or more Administrative Agent(s) to administer and to
affirmatively market the affordable units constructed in the Township
in accordance with this article and UHAC. An operating manual for
each affordable housing program shall be provided by the administrative
agent(s) to be adopted by resolution of the governing body and subject
to approval of the court. The operating manual(s) shall be available
for public inspection in the office of the Township Clerk, in the
office of the Municipal Housing Liaison, and in the office(s) of the
Administrative Agent(s). The Municipal Housing Liaison shall supervise
the work of the Administrative Agent(s).
An Administrative Agent may either be an independent entity
serving under contract to and reporting to the municipality, or the
municipality itself, through a designated municipal employee, department,
board, agency or committee, pursuant to N.J.A.C. 5:80-26.14(c). The
fees of the Administrative Agent shall be paid by the owners of the
affordable units for which the services of the Administrative Agent
are required. The Administrative Agent shall be qualified through
a training program sponsored by the Affordable Housing Professionals
of New Jersey before assuming the duties. The Administrative Agent
shall perform the duties and responsibilities of an Administrative
Agent as set forth in UHAC, including those set forth in N.J.A.C.
5:80-26.14, 5:80-26.15, 5:80-26.16 and 5:80-26.18 thereof, which includes:
A.
Affirmative marketing:
(1)
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the Affirmative Marketing Plan of
the Township of Manalapan and the provisions of N.J.A.C. 5:80-26.15;
and
(2)
Providing counseling or contracting to provide counseling services
to very-low-, low- and moderate-income applicants on subjects such
as budgeting, credit issues, mortgage qualification, rental lease
requirements, and landlord/tenant law.
B.
Household certification:
(1)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(2)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(3)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(4)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(5)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
(6)
Employing a random selection process as provided in the Affirmative
Marketing Plan of the Township of Manalapan when referring households
for certification to affordable units; and
(7)
Notifying the following entities of the availability of affordable
housing units in the Township of Manalapan: Fair Share Housing Center,
the New Jersey State Conference of the NAACP, the Latino Action Network,
the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold,
and Greater Long Branch Branches of the NAACP, and the Supportive
Housing Association.
C.
Affordability controls:
(1)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(2)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(3)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Monmouth
County Register of Deeds or Monmouth County Clerk's office after the
termination of the affordability controls for each restricted unit;
(4)
Communicating with lenders regarding foreclosures; and
(5)
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
D.
Resales and rerentals:
(1)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rerental; and
(2)
Instituting and maintaining an effective means of communicating
information to low- (or very-low-) and moderate-income households
regarding the availability of restricted units for resale or rerental.
E.
Processing requests from unit owners:
(1)
Reviewing and approving requests for determination from owners
of restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this article;
(2)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the depreciated cost of central air-conditioning
systems;
(3)
Notifying the municipality of an owner's intent to sell a restricted
unit; and
(4)
Making determinations on requests by owners of restricted units
for hardship waivers.
F.
Enforcement:
(1)
Securing annually from the municipality a list of all affordable
housing units for which tax bills are mailed to absentee owners, and
notifying all such owners that they must either move back to their
unit or sell it;
(2)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(3)
Posting annually, in all rental properties (including two-family
homes), a notice as to the maximum permitted rent, together with the
telephone number of the Administrative Agent, where complaints of
excess rent or other charges can be made;
(4)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(5)
Establishing a program for diverting unlawful rent payments
to the municipality's Affordable Housing Trust Fund; and
(6)
Creating and publishing a written operating manual for each
affordable housing program administered by the Administrative Agent,
to be approved by the Township Council and the Court, setting forth
procedures for administering the affordability controls. The operating
manual(s) shall be available for public inspection in the office of
the Township Clerk, in the office of the Municipal Housing Liaison,
and in the office(s) of the Administrative Agent(s).
G.
Additional responsibilities:
(1)
The Administrative Agent shall have the authority to take all
actions necessary and appropriate to carry out its responsibilities
hereunder.
(2)
The Administrative Agent shall prepare monitoring reports for
submission to the Municipal Housing Liaison in time to meet the Court-approved
monitoring and reporting requirements in accordance with the deadlines
set forth in this article.
(3)
The Administrative Agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.
A.
The Township of Manalapan shall adopt by resolution an Affirmative
Marketing Plan, subject to approval of the Court, that is compliant
with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
B.
The Affirmative Marketing Plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children, to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The Affirmative
Marketing Plan is intended to target those potentially eligible persons
who are least likely to apply for affordable units in that region.
It is a continuing program that directs marketing activities toward
Housing Region 4 and is required to be followed throughout the period
of restriction.
C.
The Affirmative Marketing Plan shall provide a regional preference
for all households that live and/or work in Housing Region 4, comprised
of Mercer, Monmouth and Ocean Counties.
D.
The municipality has the ultimate responsibility for adopting the
Affirmative Marketing Plan and for the proper administration of the
Affirmative Marketing Program, including initial sales and rentals
and resales and rerentals. The Administrative Agent designated by
the Township of Manalapan shall implement the Affirmative Marketing
Plan to assure the affirmative marketing of all affordable units.
E.
In implementing the Affirmative Marketing Plan, the Administrative
Agent shall provide a list of counseling services to very-low-, low-
and moderate-income applicants on subjects such as budgeting, credit
issues, mortgage qualification, rental lease requirements, and landlord/tenant
law.
F.
The Affirmative Marketing Plan shall describe the media to be used
in advertising and publicizing the availability of housing. In implementing
the Affirmative Marketing Plan, the Administrative Agent shall consider
the use of language translations where appropriate.
G.
The affirmative marketing process for available affordable units
shall begin at least four months (120 days) prior to the expected
date of occupancy.
H.
Applications for affordable housing shall be available in several
locations, including, at a minimum, the County Administration Building
and/or the County Library for each county within the housing region;
the municipal administration building and the municipal library in
the municipality in which the units are located; and the developer's
rental office. Applications shall be mailed to prospective applicants
upon request.
I.
In addition to other affirmative marketing strategies, the Administrative
Agent shall provide specific notice of the availability of affordable
housing units in Manalapan Township, and copies of the application
forms, to the following entities: Fair Share Housing Center, the New
Jersey State Conference of the NAACP, the Latino Action Network, the
Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold,
and Greater Long Branch Branches of the NAACP, and the Supportive
Housing Association.
J.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
A.
Upon the occurrence of a breach of any of the regulations governing
an affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, a requirement for household
recertification, acceleration of all sums due under a mortgage, recuperation
of any funds from a sale in violation of the regulations, injunctive
relief to prevent further violation of the regulations, entry on the
premises, and specific performance.
B.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action(s) against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(1)
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation or violations of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
adjudged by the Court to have violated any provision of the regulations
governing affordable housing units, the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the Court:
(a)
A fine of not more than $500 per day or imprisonment for a period
not to exceed 90 days, or both, provided that each and every day that
the violation continues or exists shall be considered a separate and
specific violation of these provisions and not a continuation of the
initial offense;
(b)
In the case of an owner who has rented a very-low-, low- or
moderate-income unit in violation of the regulations governing affordable
housing units, payment into the Township of Manalapan Affordable Housing
Trust Fund of the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented a very-low-, low- or
moderate-income unit in violation of the regulations governing affordable
housing units, payment of an innocent tenant's reasonable relocation
costs, as determined by the Court.
(2)
The municipality may file a court action in the Superior Court
seeking a judgment that would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any such judgment shall be enforceable as if the same
were a judgment of default of the first purchase money mortgage and
shall constitute a lien against the low- or moderate-income unit.
(a)
The judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the very-low-,
low- and moderate-income unit of the violating owner shall be sold
at a sale price which is not less than the amount necessary to fully
satisfy and pay off any first purchase money mortgage and prior liens
and the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have his right
to possession terminated as well as his title conveyed pursuant to
the Sheriffs sale.
(b)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the very-low-, low- and moderate-income unit. The excess, if
any, shall be applied to reimburse the municipality for any and all
costs and expenses incurred in connection with either the court action
resulting in the judgment of violation or the Sheriff's sale. In the
event that the proceeds from the Sheriff's sale are insufficient to
reimburse the municipality in full as aforesaid, the violating owner
shall be personally responsible for the full extent of such deficiency,
in addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
(c)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the very-low-, low- and moderate-income unit. Title shall
be conveyed to the purchaser at the Sheriff's sale, subject to the
restrictions and provisions of the regulations governing the affordable
housing unit. The owner determined to be in violation of the provisions
of this plan and from whom title and possession were taken by means
of the Sheriff's sale shall not be entitled to any right of redemption.
(d)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the very-low-,
low- and moderate-income unit by satisfying the first purchase money
mortgage and any prior liens and crediting the violating owner with
an amount equal to the difference between the first purchase money
mortgage and any prior liens and costs of the enforcement proceedings,
including legal fees and the maximum resale price for which the very-low-,
low- and moderate-income unit could have been sold under the terms
of the regulations governing affordable housing units. This excess
shall be treated in the same manner as the excess which would have
been realized from an actual sale as previously described.
(e)
Failure of the very-low-, low- and moderate-income unit to be
either sold at the Sheriff's sale or acquired by the municipality
shall obligate the owner to accept an offer to purchase from any qualified
purchaser which may be referred to the owner by the municipality,
with such offer to purchase being equal to the maximum resale price
of the very-low-, low- and moderate-income unit as permitted by the
regulations governing affordable housing units.
(f)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
Appeals from all decisions of an Administrative Agent appointed
pursuant to this article shall be filed in writing with the Court.
[Added by Ord. No. 95-15; amended by Ord. No. 95-17; Ord. No. 99-18; 11-30-2005 by Ord. No. 2005-37; 3-14-2007 by Ord. No. 07-03; 12-3-2008 by Ord. No. 2008-28; 7-22-2020 by Ord. No. 2020-16]
A.
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301
et seq., and the State Constitution, subject to the adoption of rules
by the Council on Affordable Housing (COAH).
B.
Pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and
the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 40:55D-8.8), COAH was authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that were under the jurisdiction of
COAH and that are now before a court of competent jurisdiction and
have a Court-approved spending plan may retain fees collected from
nonresidential development.
C.
This section establishes standards for the collection, maintenance,
and expenditure of development fees that are consistent with COAH's
regulations developed in response to P.L. 2008, c. 46, Sections 8
and 32 through 38 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential
Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.8). Fees
collected pursuant to this section shall be used for the sole purpose
of providing low- and moderate-income housing in accordance with a
Court-approved spending plan.
The following terms, as used in this article, shall have the
following meanings:
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable housing development.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act.
The construction officer or his/her designee.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as permitted at N.J.A.C. 5:97-8.3.[1]
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through N.J.S.A.
54:1-35c).
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low- maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
The Township of Manalapan.
[1]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
A.
Imposition of fees.
(1)
Within the Township of Manalapan, all residential developers,
except for developers of the types of developments specifically exempted
below and developers of developments that include affordable housing,
shall pay a fee of 1.5% of the equalized assessed value for all new
residential development provided no increased density is permitted.
Development fees shall also be imposed and collected when an additional
dwelling unit is added to an existing residential structure; in such
cases, the fee shall be calculated based on the increase in the equalized
assessed value of the property due to the additional dwelling unit.
(2)
When an increase in residential density is permitted pursuant
to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers
shall be required to pay a "bonus" development fee of 6% of the equalized
assessed value for each additional unit that may be realized, except
that this provision shall not be applicable to a development that
will include affordable housing. If the zoning on a site has changed
during the two-year period preceding the filing of such a variance
application, the base density for the purposes of calculating the
bonus development fee shall be the highest density permitted by right
during the two-year period preceding the filing of the variance application.
(3)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
B.
Eligible exactions, ineligible exactions and exemptions for residential
developments.
(1)
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of on-site construction of affordable units shall
be exempt from development fees.
(2)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
(3)
Developers of educational facilities shall be exempt from paying
a development fee.
(4)
Developers of houses of worship and other uses that are entitled
to exemption from New Jersey real property tax shall be exempt from
the payment of a development fee, provided that such development does
not result in the construction of any additional housing or residential
units, including assisted living and continuing care retirement communities.
(5)
A development shall be exempt from an increase in the percentage
of the development fee, provided the building permit was issued prior
to the effective date of this article, or prior to any subsequent
ordinance increasing the fee percentage. The developer shall have
the right to pay the fee based on the percentage in effect on the
date the building permit was issued.
(6)
Any development or improvement to structures of owner-occupied
property in which there is located an affordable accessory residence.
This exemption shall only apply to development or improvements to
the property during the period of affordability controls.
(7)
The construction of a new accessory building or other structure
on the same lot as the principal building shall be exempt from the
imposition of development fees if the assessed value of the structure
is determined to be less than $100,000.
(8)
Owner-occupied
residential structures which are demolished and replaced as a result
of a fire, flood or other natural disaster shall be exempt from paying
a development fee.
[Added 3-24-2021 by Ord. No. 2021-04]
A.
Imposition of fees.
(1)
Within all zoning districts, nonresidential developers, except
for developers of the types of developments specifically exempted
below, shall pay a fee equal to 2.5% of the equalized assessed value
of the land and improvements for all new nonresidential construction
on an unimproved lot or lots.
(2)
Within all zoning districts, nonresidential developers, except
for developers of the types of developments specifically exempted
below, shall also pay a fee equal to 2.5% of the increase in equalized
assessed value resulting from any additions to existing structures
to be used for nonresidential purposes.
(3)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the pre-existing land and improvements and the equalized
assessed value of the newly improved structure, i.e., land and improvements,
and such calculation shall be made at the time a final certificate
of occupancy is issued. If the calculation required under this section
results in a negative number, the nonresidential development fee shall
be zero.
(4)
The nonresidential portion of a mixed-use inclusionary or market-rate
development shall be subject to the development fee of 2.5% unless
otherwise exempted below.
B.
Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(1)
The 2.5% development fee shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within the
existing footprint, reconstruction, renovations and repairs.
(2)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to the Statewide Non-Residential Development Fee
Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.8), as specified in Form
N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption."
Any exemption claimed by a developer shall be substantiated by that
developer.
(3)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to the Statewide Non-Residential
Development Fee Act shall be subject to the fee at such time as the
basis for the exemption no longer applies, and shall make the payment
of the nonresidential development fee, in that event, within three
years after that event or after the issuance of the final certificate
of occupancy for the nonresidential development, whichever is later.
(4)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Township of Manalapan as a lien against
the real property of the owner.
(5)
Pursuant to P.L. 2009, c. 90, and P.L. 2011, c. 122, the nonresidential
statewide development fee of 2.5% for nonresidential development is
suspended for all nonresidential projects that received preliminary
or final site plan approval subsequent to July 17, 2008, until July
1, 2013, provided that a permit for the construction of the building
has been issued prior to January 1, 2015.
A.
Upon the granting of a preliminary, final or other applicable approval
for a development, the approving authority or entity shall notify
or direct its staff to notify the Construction Official responsible
for the issuance of a construction permit.
B.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF, "State of New Jersey Non-Residential
Development Certification/Exemption," to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
C.
The Construction Official responsible for the issuance of a construction
permit shall notify the Township Tax Assessor of the issuance of the
first construction permit for a development which is subject to a
development fee.
D.
Within 90 days of receipt of such notification, the Township Tax
Assessor shall prepare an estimate of the equalized assessed value
of the development based on the plans filed.
E.
The Construction Official responsible for the issuance of a final
certificate of occupancy shall notify the Township Tax Assessor of
any and all requests for the scheduling of a final inspection on a
property which is subject to a development fee.
F.
Within 10 business days of a request for the scheduling of a final
inspection, the Township Tax Assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
associated with the development; calculate the development fee; and
thereafter notify the developer of the amount of the fee.
G.
Should the Township of Manalapan fail to determine or notify the
developer of the amount of the development fee within 10 business
days of the request for final inspection, the developer may estimate
the amount due and pay that estimated amount consistent with the dispute
process set forth in Subsection b. of Section 37 of P.L. 2008, c.
46 (N.J.S.A. 40:55D-8.6).
H.
Except as provided in hereinabove, 50% of the initially calculated
development fee shall be collected at the time of issuance of the
construction permit. The remaining portion shall be collected at the
time of issuance of the certificate of occupancy. The developer shall
be responsible for paying the difference between the fee calculated
at the time of issuance of the construction permit and that determined
at the time of issuance of the certificate of occupancy.
I.
Appeal of development fees.
(1)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by the Township of Manalapan.
Appeals from a determination of the Board may be made to the Tax Court
in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(2)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by the Township of
Manalapan. Appeals from a determination of the Director may be made
to the Tax Court in accordance with the provisions of the State Tax
Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after
the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
A.
There is hereby created a separate, interest-bearing Affordable Housing
Trust Fund to be maintained by the Chief Financial Officer of the
Township of Manalapan for the purpose of depositing development fees
collected from residential and nonresidential developers and proceeds
from the sale of units with extinguished controls.
B.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(1)
Payments in lieu of on-site construction of a fraction of an
affordable unit, where permitted by ordinance or by agreement with
the Township of Manalapan;
(2)
Funds contributed by developers to make 10% of the adaptable
entrances in a townhouse or other multistory attached dwelling unit
development accessible;
(3)
Rental income from municipally operated units;
(4)
Repayments from affordable housing program loans;
(5)
Recapture funds;
(6)
Proceeds from the sale of affordable units; and
(7)
Any other funds collected in connection with Manalapan Township's
affordable housing program.
C.
In the event of a failure by the Township of Manalapan to comply
with trust fund monitoring and reporting requirements or to submit
accurate monitoring reports; or a failure to comply with the conditions
of the judgment of compliance or a revocation of the judgment of compliance;
or a failure to implement the approved spending plan and to expend
funds within the applicable required time period as set forth in In
re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J.
Super. 563); or the expenditure of funds on activities not approved
by the Court; or for other good cause demonstrating the unapproved
use(s) of funds, the Court may authorize the State of New Jersey,
Department of Community Affairs, Division of Local Government Services
(LGS), to direct the manner in which the funds in the Affordable Housing
Trust Fund shall be expended, provided that all such funds shall,
to the extent practicable, be utilized for affordable housing programs
within the Township of Manalapan, or, if not practicable, then within
the county or the housing region.
(1)
Any party may bring a motion before the Superior Court presenting
evidence of such condition(s), and the Court may, after considering
the evidence and providing the municipality a reasonable opportunity
to respond and/or to remedy the noncompliant condition(s), and upon
a finding of continuing and deliberate noncompliance, determine to
authorize LGS to direct the expenditure of funds in the Trust Fund.
The Court may also impose such other remedies as may be reasonable
and appropriate to the circumstances.
D.
Interest accrued in the Affordable Housing Trust Fund shall only
be used to fund eligible affordable housing activities approved by
the Court.
A.
The expenditure of all funds shall conform to a spending plan approved
by the Court. Funds deposited in the Affordable Housing Trust Fund
may be used for any activity approved by the Court to address the
Township of Manalapan's fair share obligation and may be set up as
a grant or revolving loan program. Such activities include, but are
not limited to: preservation or purchase of housing for the purpose
of maintaining or implementing affordability controls; housing rehabilitation;
new construction of affordable housing units and related costs; accessory
apartments; a market-to-affordable program; Regional Housing Partnership
programs; conversion of existing nonresidential buildings to create
new affordable units; green building strategies designed to be cost
saving and in accordance with accepted national or state standards;
purchase of land for affordable housing; improvement of land to be
used for affordable housing; extensions or improvements of roads and
infrastructure to affordable housing sites; financial assistance designed
to increase affordability; administration necessary for implementation
of the Housing Element and Fair Share Plan; and/or any other activity
permitted by the Court and specified in the approved spending plan.
B.
Funds shall not be expended to reimburse the Township of Manalapan
for past housing activities.
C.
At least 30% of all development fees collected and interest earned
on such fees shall be used to provide affordability assistance to
low- and moderate-income households in affordable units included in
the municipal Fair Share Plan. One-third of the affordability assistance
portion of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of the median income
for Housing Region 4, in which Manalapan Township is located.
(1)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs. The specific programs
to be used for affordability assistance shall be identified and described
within the spending plan.
(2)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income. The specific programs
to be used for very-low-income affordability assistance shall be identified
and described within the spending plan.
(3)
Payments in lieu of constructing affordable housing units on
site, if permitted by ordinance or by agreement with the Township
of Manalapan, and funds from the sale of units with extinguished controls
shall be exempt from the affordability assistance requirement.
D.
The Township of Manalapan may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including its programs for affordability assistance.
E.
No more than 20% of all revenues collected from development fees
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultants' fees
necessary to develop or implement a new construction program, prepare
a Housing Element and Fair Share Plan, and/or administer an affirmative
marketing program or a rehabilitation program.
(1)
In the case of a rehabilitation program, the administrative
costs of the rehabilitation program shall be included as part of the
20% of collected development fees that may be expended on administration.
(2)
Administrative funds may be used for income qualification of
households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or related
to securing or appealing a judgment from the Court are not eligible
uses of the Affordable Housing Trust Fund.
The Township of Manalapan shall provide annual reporting of
Affordable Housing Trust Fund activity to the State of New Jersey,
Department of Community Affairs, Council on Affordable Housing or
Local Government Services or other entity designated by the State
of New Jersey, with a copy provided to Fair Share Housing Center and
posted on the municipal website, using forms developed for this purpose
by the New Jersey Department of Community Affairs, Council on Affordable
Housing or Local Government Services. The reporting shall include
an accounting of all Affordable Housing Trust Fund activity, including
the sources and amounts of funds collected and the amounts and purposes
for which any funds have been expended. Such reporting shall include
an accounting of development fees collected from residential and nonresidential
developers, payments in lieu of constructing affordable units on site
(if permitted by ordinance or by agreement with the Township), funds
from the sale of units with extinguished controls, barrier-free escrow
funds, rental income from Township-owned affordable housing units,
repayments from affordable housing program loans, and any other funds
collected in connection with Manalapan Township's affordable housing
programs, as well as an accounting of the expenditures of revenues
and implementation of the spending plan approved by the Court.
A.
The ability for the Township of Manalapan to impose, collect and
expend development fees shall expire with the expiration of the repose
period covered by its judgment of compliance unless the Township of
Manalapan has first filed an adopted Housing Element and Fair Share
Plan with the Court or with a designated state administrative agency,
has petitioned for a judgment of compliance from the Court or for
substantive certification or its equivalent from a state administrative
agency authorized to approve and administer municipal affordable housing
compliance and has received approval of its Development Fee Ordinance
from the entity that will be reviewing and approving the Housing Element
and Fair Share Plan.
B.
If the Township of Manalapan fails to renew its ability to impose
and collect development fees prior to the expiration of its judgment
of compliance, it may be subject to forfeiture of any or all funds
remaining within its Affordable Housing Trust Fund. Any funds so forfeited
shall be deposited into the New Jersey Affordable Housing Trust Fund
established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A.
52:27D-320).
C.
The Township of Manalapan shall not impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its judgment of compliance, nor shall
the Township of Manalapan retroactively impose a development fee on
such a development. The Township of Manalapan also shall not expend
any of its collected development fees after the expiration of its
judgment of compliance.
