Township of Colts Neck, NJ Zoning and Design Requirements for Residential Districts

§ 102-84 A-1 and A-2 Agricultural Residential Districts; A-3 Village Residential District.

Purpose. The purpose of the A-1 and A-2 Districts is to encourage the orderly development of open lands and the continuation of farms and, in light thereof, to require future development to protect views, wooded areas, mature isolated trees, tree lines and environmentally sensitive areas. The A-3 District is to accommodate those areas with established patterns of smaller lot sizes. Cluster development is permitted in the A-1 District in an effort to maintain properly coordinated open spaces, floodplains, wooded tracts, reduced street distances and the perpetuation of farming activity. Rural residential development is permitted in all residential districts except A-4 and AG Districts.

Principal permitted uses on land and in buildings. The following shall be permitted as principal uses:

(1)

Agricultural uses are permitted in all three districts, however, facilities for the keeping, training, raising, breeding and shipping of farm animals are permitted in the A-1 District only.

(2)

Detached single-family dwellings and farms.

(3)

Township recreational uses, including fishing and other outdoor sports, swimming pools, playgrounds, parks and ball fields.

(4)

Institutional uses and public utilities are permitted only as a conditional use in the A-1 and A-3 Districts only. See § 102-11F and G.

[Amended 2-28-2018; 8-11-2021 by Ord. No. 2021-14; 2-8-2023 by Ord. No. 2023-3]

(5)

Building or land used exclusively by federal, state, county or Township government for public purposes.

(6)

Public or private golf courses open for play only during daylight hours.

(7)

Cluster development in accordance with § 102-91 herein, in the A-1 Zone only.

[Amended 5-25-2005]

(8)

Wireless telecommunications towers and antennas, subject to § 102-46.5.

[Added 8-16-2006]

(9)

Affordable housing growth share – grandfather, subject to § 102-46.6.

[Added 12-10-2008; amended 9-9-2020 by Ord. No. 2020-16]

(10)

The growing, cultivating, farming, manufacturing, distribution, or selling of medical and/or recreational marijuana, and/or paraphernalia that facilitates its use, shall be a prohibited principal, accessory or conditional use.

[Added 8-8-2018 by Ord. No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]

Accessory uses. The following shall be permitted as accessory uses (subject to §§ 102-48 and 102-87):

[Amended 5-25-2005]

(1)

Private residential swimming pools and recreation courts; subject to §§ 102-101 and 102-108.

(2)

Barns, toolsheds, greenhouses, detached garages, pool cabanas, outdoor barbeque structures, as well as customary accessory buildings to a single-family dwelling and farms, including housing facilities used seasonally for farm workers actually working on the farm on which they are housed, provided that they are occupied only on a seasonal basis and meet all state and local rules and regulations [subject to § 102-84C(6)].

(3)

Off-street parking and private garages.

(4)

Solar energy panels mounted at ground level, to be located in rear and side yards only and which shall be screened from view from public streets by screening planting, fencing or a combination thereof such as to provide the proper shielding after two growing seasons. Location and screening requirements do not apply to solar energy panels mounted flush or nearly flush with building sides or roofs.

[Amended 6-12-2024 by Ord. No. 2024-15]

(5)

Golf courses; subject to § 102-93.

(6)

Accessory buildings shall be in accordance with the following schedule in the A-1, A-2 and A-3 Zones except that farm buildings and permitted accessory farm labor housing for full-time employees of a farm shall be exempted from this maximum building, floor area, volume, height and story requirement.

[Amended 8-11-2004; 8-14-2013]

Schedule of Maximum Limitations: Accessory Structures
Lot Area	Zero to 50,000 square feet	50,000 square feet to 150,000 square feet	Greater Than 150,000 square feet
First floor	700 square feet	900 square feet	1,200 square feet
Total floor area	N/A	1,200 square feet	1,800 square feet
Total building volume	8,000 cubic feet	13,000 cubic feet	20,000 cubic feet
Height	18 feet	25 feet	25 feet
Stories	1.5	2.5	2.5

Notes:
1.	Total floor area and total building volume includes all basement areas but excludes cellars.
2.	Total floor area includes all areas in a half story where the floor-to-ceiling height exceeds 4.5 feet.

(7)

Fences and walls; subject to §§ 102-57 and 102-73.

(8)

Temporary construction trailers; subject to § 102-80.

(9)

Nursery schools affiliated with institutional uses, operated on institutional use premises and operated on a nonprofit basis.

[Amended 2-8-2023 by Ord. No. 2023-3]

(10)

Recreation Courts, private residential.

(11)

Farm labor housing attached to or part of a barn or other farm building. Farms equipped with horse training and/or horse breeding facilities and other operating farms that are continuously engaged in training and/or breeding horses, raising livestock and/or raising crops may provide living quarters and associated bathroom and kitchen facilities in a structure attached to or part of a barn or other farm building and specifically designed and designated for the purpose and which meets New Jersey State Housing Code (N.J.A.C. 5:28-1.2 et seq.) standards. The number of farm labor housing units (in addition to the principal residence) permitted on a farm under these provisions shall not exceed one unit per 15 acres or one unit per eight horse stalls, whichever results in the smaller number for a total not in excess of three units per farm. Each unit shall have a maximum gross floor area of 1,200 square feet per unit. Occupant(s) living in the quarters must be full-time employee(s) involved in the primary operation of the farm on which the accessory structure sits. All other residents must be immediate family members of the full-time employee(s). A farm must have an area of at least 15 contiguous acres to be eligible. Certification of eligibility that the occupants for the living quarters are full-time employees involved in the primary operation of the farm shall be submitted by the property owner annually to the Township Planner. Smoke detector inspections pursuant to § 29-7C(7) and submission of the health standard certifications pursuant to § 93-4 of the Code of the Township of Colts Neck shall occur for each change in tenancy. Such living quarters require a construction permit, and a certificate of occupancy. Any units provided under this provision shall cease to be used as a residence within six months of the date that occupancy ceases or that the property no longer qualifies for such housing under the requirements herein. An accessory dwelling unit which has received a certificate of occupancy and was occupied as of the effective date of this section may be enlarged or reconstructed without an appeal to the approving authority even though the accessory dwelling unit may now be nonconforming as to the number of units per farm permitted, provided that the accessory dwelling unit conforms with all bulk requirements of the A-1 Zone.

[Amended 8-11-2004]

(12)

Farm labor housing accessory dwelling units. Accessory dwelling units to serve as living quarters are permitted on active horse training or breeding and other active operating farms, provided that one occupant(s) is a full-time employee(s) of the farm on which the accessory structure sits, that all other residents must be immediate family members of the full-time employee, that each unit shall have a maximum gross floor area of 1,200 square feet, and that the units are located and comply with the following requirements:

[Amended 8-11-2004]

(a)

The setbacks shall be twice the setbacks required for farm accessory buildings, except that said units shall not be located in any front yard area. These dwelling units shall use the same driveway as the existing uses on the property.

(b)

(c)

Certification of eligibility that occupancy of a unit is by full-time employees involved in the primary operation of the farm shall be submitted annually by the property owner to the Township Planner. Smoke detector inspections pursuant to § 29-7C(7) and submission of the health standard certifications pursuant to § 93-4 of the Code of the Township of Colts Neck shall occur for each change in tenancy.

(d)

A farm must have an area of at least 15 contiguous acres to be eligible.

(e)

Any units provided under this provision shall cease to be used as a residence within six months of the date that occupancy ceases or that the property no longer qualifies for such housing under the requirements herein.

(f)

A construction permit and certificate of occupancy are required for these units.

(g)

Grandfathering of nonconforming accessory dwelling units in the A-1 Zone. An accessory dwelling unit which has received a certificate of occupancy and was occupied as of the effective date of this section may be enlarged or reconstructed without an appeal to the approving authority even though the accessory dwelling unit may now be nonconforming as to the number of units per farm permitted, provided that the accessory dwelling unit conforms with all bulk requirements in § 102-84C(12)(a).

(13)

Farm stands, temporary seasonal; subject to § 102-92.

(14)

Wind energy systems in the A-1 Agricultural Residential District only, subject to § 102-82.1.[1]

[Added 8-10-2011]

[1]

Editor's Note: Former Subsection C(14), private helistops, was repealed 9-29-1999.

(15)

Antennas, subject to § 102-49.

(16)

Riding/training stables, Types 1 and 2, in A-1 Zone only; subject to §§ 102-102, 102-103 and 102-104.

(17)

Horse tracks in the A-1 Zone with major site plan approval.

(18)

The keeping of farm animals on a lot which is the subject of a farmland assessment shall be permitted as an accessory use with a principal farm use.

[Added 5-14-1997]

(19)

Home office, meaning a room within a single-family dwelling where office activity is carried on for gain by a resident in a dwelling unit, shall be a permitted accessory use in a single-family dwelling, provided:

[Added 5-25-2005]

(a)

The business use is limited solely to office use;

(b)

The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit and no other persons;

(c)

No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;

(d)

The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;

(e)

Interior storage of materials shall only consist of office supplies;

(f)

There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including but not limited to parking, storage, signs or lights;

(g)

The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents;

(h)

The use does not require any increased or enhanced water supply;

(i)

The quantity and type of solid waste disposal is the same as other residential uses in the zone district;

(j)

The capacity and quality of effluent is typical of normal residential use and creates no potential or actual detriment to the individual subsurface disposal system or its components;

(k)

Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district; and

(l)

All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.

(20)

Storage of travel trailers, camper trailers, recreational vehicles, watercraft, boats, boat trailers, utility trailers and/or other trailers.

[Added 6-12-2024 by Ord. No. 2024-15]

(a)

No more than a total of two travel trailers, camper trailers, recreational vehicles, boats, boat trailers, boats on trailers, watercraft, watercraft(s) on trailers, utility trailers and/or other trailers may be parked or stored on any property.

(b)

All travel trailers, camper trailers, watercraft, boats, boat trailers, recreational vehicles, utility trailers, and/or other trailers parked or stored must have a valid registration.

(c)

No travel trailer, camper trailer, recreational vehicle, watercraft, boat, boat trailer, utility trailer and/or other trailer shall be parked or stored in the front yard as defined in § 102-4: "yard, front."

(d)

Travel trailers, camper trailers, recreational vehicles, watercraft, boats, boat trailers, utility trailers and/or other trailers shall be screened from adjoining side or rear (not front) property lines for the length or width or the trailer by a contiguous six-foot solid fence or landscaping capable of creating a six-foot all-season screen within three years of planting a minimum 25 feet from said trailer, watercraft and/or vehicle if adjoining a residential property.

(e)

No travel trailer, camper trailer, recreational vehicle, watercraft, boat, boat trailer, utility trailer and/or other trailer shall be parked or stored in a minimum side or rear yard setback.

(f)

No travel trailer, camper trailer, recreational vehicle, watercraft, boat trailer, utility trailer and/or other trailer with more than two rear axles (dual axles) shall be parked or stored on any property.

(g)

No travel trailer, camper trailer, recreational vehicle, watercraft, boat, boat trailer, utility trailer and/or other trailer shall be used for permanent or temporary occupancy. (See § 102-80, Trailers.)

(h)

All travel trailers, camper trailers, recreational vehicles, watercraft, boats, boat trailers, utility trailers or other trailers parked or stored must be the property of the property owner or resident tenant.

(i)

No travel trailer, camper trailer, recreational vehicle, watercraft, boat, boat trailer, utility trailer and/or other trailer which is in a state of substantial disrepair or derelict may be parked or stored.

(j)

The provisions of this section shall not apply to commercial farms.

Building height. No building shall exceed 35 feet in height or 2 1/2 stories, except for institutional uses, government buildings and barns, which shall not exceed 55 feet. See § 102-61.

[Amended 2-28-2018; 2-8-2023 by Ord. No. 2023-3]

Area and yard requirements.

[Amended 5-25-2005]

(1)

(Reserved)[2]

[2]

Editor’s Note: Former Subsection E(1), regarding area and yard requirements for public and private schools, was repealed 2-8-2023 by Ord. No. 2023-3.

(2)

(Reserved)[3]

[3]

Editor's Note: Former Subsection E(2), regarding area and yard requirements for places of worship, as amended 2-28-2018, was repealed 8-11-2021 by Ord. No. 2021-14.

(3)

Detached single-family dwellings shall meet the minimum requirements as shown on the schedule of limitations.

(4)

Except as noted elsewhere herein, agricultural uses and farms shall meet the following minimum requirements: lot area, five acres; lot frontage and width, 300 feet; lot depth, 300 feet; each side yard, 100 feet; front yard setback, 75 feet; rear yard setback, 75 feet. Total building coverage shall not exceed 10%.

(5)

For swimming pools and private residential recreation Courts, see §§ 102-101 and 102-108.

Minimum off-street parking.

(1)

There shall be three spaces per dwelling unit.

(2)

(Reserved)[4]

[4]

Editor's Note: Former Subsection F(2), regarding minimum off-street parking for places of worship, as amended 2-28-2018, was repealed 8-11-2021 by Ord. No. 2021-14.

(3)

Public buildings and government buildings shall provide one space for every 600 square feet of gross floor area.

(4)

Golf courses shall provide sufficient spaces and maneuvering area to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.

(5)

Any use having access only from a collector or arterial street as shown on the adopted Master Plan or Official Map shall provide a paved turnaround area on the site.

(6)

Public and private schools shall provide 1.2 spaces per employee and, in all cases, sufficient additional parking space for school bus loading and unloading and parking for public events normally held on premises and student parking.

(7)

Parking and/or storage of commercial vehicle, truck, van, or sports utility vehicle.

[Amended 2-14-2024 by Ord. No. 2024-9]

(a)

In the A-1 Zone a maximum of two and in the A-2 and A-3 Zones a maximum of one motor vehicle(s) with commercial motor vehicle registration and/or bearing commercial license plates and/or passenger vehicle registration bearing passenger license plates insured at a commercial rate shall be parked or stored on any property, except those vehicles actually engaged in deliveries, construction or similar activity that is in progress at the site in question.

(b)

Commercial vehicle(s), pickup truck(s), van(s) or sports utility vehicle(s) may be parked or stored. All other truck or vehicle configurations (rack body, dump body, omnibus, school bus, etc.) are prohibited.

(c)

All commercial vehicle(s), pickup truck(s) or van(s), sports utility vehicle(s) parked or stored must have a valid registration.

(d)

No commercial vehicle, truck, van, or sports utility vehicle shall be parked or stored in the front yard as defined in § 102-4, "yard, front."

(e)

No commercial vehicle, truck, van, or sports utility vehicle shall be parked or stored in a minimum accessory building side or rear yard setback.

(f)

No commercial vehicle, truck, van, or sports utility vehicle with more than a single rear axle shall be parked or stored on any property.

(g)

No commercial vehicle, truck, van, or sports utility vehicle having advertising in excess of four square feet per each side of the vehicle shall be parked or stored on any property. Vehicle wrapping exceeding four square feet shall be prohibited.

(h)

All commercial vehicle(s), pickup truck(s), van(s) or sports utility vehicle(s) parked or stored must be the property of the property owner or resident tenant or the property of the employer of the property owner or resident tenant.

(i)

No commercial vehicle, pickup truck, van, or sports utility vehicle which is in a state of substantial disrepair or derelict may be parked or stored.

(j)

The provisions of this section shall not apply to federal, state, county, municipal, farmer or farm use vehicles.

(k)

The provisions of this section shall not apply to passenger vehicles with commercial registration and/or bearing commercial license plates and containing no advertising. Limousines are not included in this exception.

(8)

All parking lots providing eight or more parking spaces shall be lighted if used commercially after dark.

(9)

Horse tracks shall provide and maintain in good condition and free of grass and weeds an improved, gravel-surfaced parking area adequate for the maximum number of vehicles normally using the facility.

Minimum off-street loading and unloading. All nonresidential uses shall show properly dimensioned loading spaces on the site plan as appropriate for the proposed use and separate from off-street parking areas.

Signs.

(1)

Street number designations, postal boxes, on-site directional and parking signs and signs posting property as "private property," "no hunting" or similar purposes are permitted, but shall not exceed two square feet in area per side per sign.

(2)

All uses other than single-family dwellings may be permitted one externally lighted sign, with an area of not more than 12 square feet on each of two sides. Said sign shall be located no closer than 10 feet from the existing curbed or paved roadway and if freestanding, shall be no higher than eight feet. If attached to the building, the sign shall not exceed the building height to which it is attached. Notwithstanding the above, any valid preexisting nonconforming sign legally erected prior to the adoption of this chapter shall be permitted for as long as the business for which the sign is used continues.

[Amended 11-10-1999]

(3)

A temporary real estate sign advertising the sale or lease of a property or structure is permitted with the following restrictions:

[Amended 11-10-1999]

(a)

There shall be no more than one sign per property, except that corner lots shall be entitled to two signs per each such lot. Such signs shall not exceed four square feet on each side and shall not be more than four feet in height and shall be removed at the expense of the advertiser immediately upon termination or completion of the matter being advertised.

[Amended 10-14-2020 by Ord. No. 2020-18]

(b)

Signs shall located not closer than 10 feet from the nearest curbed or paved area; such signs shall not be lighted.

(c)

Signs must be located on the property advertised.

(d)

Directional signs advertising for open houses may be permitted on the day before the open house and must be removed the same day after the termination of the open house. Such signs shall not exceed four square feet on each side and shall not be more than four feet in height. The number, size and location of such signs are to be determined by the Zoning Officer or Code Enforcement Officer in the exercise of his or her reasonable judgment. In any event, no more than five signs shall be permitted for any one open house event.

[Amended 10-14-2020 by Ord. No. 2020-18]

(4)

All signs shall be in accordance with the requirements specified in § 102-106, Signs.

(5)

For seasonal decorations, see § 102-106C.

(6)

For golf courses, see § 102-93.

Recyclable material storage. A condition of approval of all subdivisions shall be that all dwelling units constructed on said subdivision shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclable materials (including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen. This requirement shall be stated on the subdivision plat.

§ 102-85 A-4 Mixed Housing District.

Purposes and requirements. The purpose of this section is to provide a variety of housing opportunities in that portion of the Township designated to accommodate the Township's low/moderate-income housing consistent with the adopted land use and housing elements of the Colts Neck Township Master Plan. It is specifically required that any development in this zone and under the zoning provision of this section will require the developer to abide by and meet the requirements of the terms and conditions of an Order of the Honorable Eugene Serpentelli, entered December 1, 1986, as may be amended from time to time, concerning affordable housing requirements in the Township of Colts Neck. It is intended that the design alternatives be used to maximize design flexibility, provide a mixture of housing types, meet the minimum dwelling units sizes as set forth by the New Jersey Housing and Mortgage Finance Agency or other applicable state agency requirements and produce the Township's regional fair share of lower-income housing. Environmentally critical areas shall be avoided by improvements if alternative solutions found to be reasonable and practical are available. Buffer areas along tract lines shall be provided, especially adjacent to farms. Where the standards in the A-4 District differ from other provisions of this chapter, the A-4 standards shall apply. See § 102-98.

Principal permitted uses on land and in buildings. The following shall be permitted as principal uses:

(1)

Small lot single-family homes, detached single-family condominium homes, two-family homes, quadplexes, patio homes, atrium houses, townhouses, garden apartments and other forms of owner-occupied and/or renter-occupied housing, provided that said units comply with the State Housing Code and other applicable local and state codes and ordinances.

(2)

Agricultural uses and farms.

(3)

Buildings or land used by the Township for public purposes.

(4)

Except for lands covered by Subsection B(3) above, all developments in the A-4 District must provide lower-income housing in accordance with § 102-97.

(5)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(5), relating to affordable housing units, added 12-10-2008, was repealed 9-9-2020 by Ord. No. 2020-16.

(6)

[Added 8-8-2018 by Ord. No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]

Accessory uses. The following shall be permitted as accessory uses:

(1)

Maintenance facilities and private recreational facilities, such as pools, tennis Courts, basketball Courts and/or clubhouses. These facilities shall be located on common property in multifamily and mixed housing developments and shall be owned and operated by a homeowners' association, established in accordance with § 102-95, with membership and/or use open only to residents of the development and their quests. The outdoor recreation facilities are for use only during daylight hours and shall not be lighted. Such facilities require major site plan approval.

(2)

Mailboxes, lampposts, flagpoles, driveways, sidewalks, fences and walls and similar structures are permitted on common property and on individually subdivided lots without site plan approval, provided that they meet all applicable ordinance requirements. See also § 102-87.

(3)

On farms, barns, tool sheds, greenhouses and customary accessory buildings to farms, including living quarters for farm help in accordance with § 102-84C(11) and (12) herein and housing facilities used seasonally for farm workers actually working on the farm on which they are housed, provided that they are occupied only on a seasonal basis and meet all state and local rules and regulations.

(4)

Off-street parking areas and private garages if attached to the associated principal structures.

(5)

Travel trailers, camper trailers, boats and boat trailers may be parked only in specially designated parking areas as part of a planned development. They shall not be permitted to be parked on individual residential lots because of the small lot size intended. This specially designated parking area shall be graded and, as a minimum, covered with compacted stone as required for parking areas and covered with stone dust. Blacktop surfacing in accordance with the off-street parking requirements may be installed but is not required. Nonpaved areas must be kept grass and weed free and in good repair.

(6)

Attached patios and decks to principal structures or detached patios and decks with a minimum side and rear setback of five feet and with a maximum area of 300 square feet. Decks shall have a maximum height of five feet. See also § 102-48.

(7)

Fences and walls; see §§ 102-57 and 102-73 for requirements.

(8)

Temporary construction trailers; see § 102-80 for requirements.

Conditional uses. The following shall be permitted as conditional uses:

(1)

Public utilities.

(a)

Because the density will be higher than can be sustained by on-lot wells and septic systems, other methods of water and sewer service will be required and shall have New Jersey Department of Environmental Protection and local health authority approval and any other required local, county and/or state approvals prior to preliminary subdivision or site plan approval and the issuance of any construction permit to start construction.

(b)

Public utilities necessary for the direct service of the utility to the consumers such as transformers, transmission lines, piping, treatment plant, and pumping stations, but excluding warehouses, repair and maintenance garages, offices, storage yards and similar commercial and industrial oriented facilities, are permitted.

(2)

Antennas, per requirements in § 102-49.

Area, yard, bulk and design requirements.

(1)

A mix of unit types shall be required.

(2)

Density and number of units.

(a)

The maximum number of dwelling units permitted on a tract shall be based on 6.5 units per gross acre of land, except for senior citizens housing as covered below and except, further, that the total number of units in the development shall be no more than necessary to result in the completion of the Township's obligation to provide its fair share of the region's lower-income housing need considering the development at hand, as well as all others that provided lower-income units that have preceded the development at hand.

(b)

The erection of senior citizens housing, for persons aged 62 years and over, in the A-4 District is permitted, provided that the development incorporates the income limits required in § 102-97 and incorporates the housing type, number of units, site design and unit distribution according to applicable state/federal program guidelines and provided that the required deed restrictions are applied to the project as required in § 102-97, with the addition of the age limitations of its occupants. No senior citizen project shall exceed a density of 10 units per gross acre. A senior citizen project shall have a maximum of three stories as seen from any side and a maximum height of 40 feet.

(3)

In each multifamily development, a landscaped buffer area at least 25 feet wide along perimeter streets shall be incorporated in the perimeter setback area set forth in E(4) below. Common open space, landscaping and conservation easements and wetlands and wetland buffers may be utilized as buffer areas if they meet the landscaping and screening requirements of § 102-90. A minimum buffer area of 10 feet shall be provided between adjacent lower-income and market unit areas internal to the tract. The buffers shall be designed and planted to meet the objectives of § 102-90 as may be modified under the waiver provisions of § 102-85H(5).

(4)

Bulk and design requirements. The design and density of the housing units within that portion of the tract devoted to each dwelling unit type shall be as follows. While lot size and dimensions are given, subdivided lots are not required. Condominiums or other nonsubdivided occupancy may be permitted in lieu of subdivided lots, but the unit area and setbacks intended for each unit and the location of each unit shall be identified on the plat to assure compliance with the following minimum provisions:

[Amended 9-9-2020 by Ord. No. 2020-15]

Type	Patios, Atriums and Townhouses, Duplexes and Quadplexes⁷ (see § 102-98)	Garden Apartments⁷ (see § 102-98)	Detached Single-Family Dwellings⁷
Minimum lot or unit area size	¹	Not applicable	5,000 sq. ft.
Minimum lot or unit area width at building line	¹	Not applicable	40 feet
Minimum lot or unit area depth	¹	Not applicable	100 feet
Minimum for particular housing types
Area of total tract	2 acres	5 acres	5 acres
Width of total tract	250 feet	400 feet	250 feet
Perimeter setback	50 feet¹²	85 feet	50 feet
Minimum front yard^6,8	25 feet	25 feet	20 feet
Minimum side yard^6,8	15 feet	15 feet	5 feet¹⁰
Minimum rear yard^6,8	25 feet	25 feet	20 feet
Maximum building height	35 feet	35 feet⁵	35 feet
Maximum building coverage overall tract	40%	40%	40%
Minimum off-street parking⁹	2 per unit²	2 per unit²	2 per unit
Minimum open space/common property⁴	25% for the entire project's tract, exclusive of streets and parking areas
Maximum net density	³	14 per acre	7 per acre
Maximum gross density	See § 102-85E(2)
Sight triangles
Intersection of local to collector street	15 feet along local streets by 250 feet along collector streets
NOTES: ¹If located on individual subdivided lots:
Patios, atriums and townhouses: minimum at 15 feet by 90 feet = 1,350 square feet per unit
Duplexes: minimum at 50 feet by 100 feet = 5,000 square feet per duplex
Quadplexes: minimum at 50 feet by 100 feet = 5,000 square feet per quadplex
²For senior citizen units, 0.5 space per unit for apartments and 1.0 space per unit for other unit types, except detached single-family dwellings shall be two spaces per unit. All spaces shall be unassigned.
³Patios, atriums, townhouses and duplexes at 9.0 units per acre, quadplex units at 11.0 units per acre.
⁴Common property and open space shall be operated and maintained by a homeowners' association as set forth in § 102-95.
⁵For senior citizen units, the maximum building height shall be 40 feet, with a maximum of three stories.
⁶Accessory buildings and structures are not permitted in the front yard, except as noted in § 102-87. Minimum distances between adjacent principal structures shall be 15 feet.
⁷No accessory uses are permitted, except as noted in §§ 102-85C and 102-87.
⁸In multifamily/condominium-type developments, measured to the street right-of-way line for dedicated streets or the curb for private streets or parking areas. See requirements of § 102-83C.
⁹Where the two spaces per unit are provided by garages and/or private driveways, an additional 1.0 space per unit of public parking shall be provided, either in off-street parking lots or for single-unit buildings, on streets; however, this additional one space per unit for single-unit buildings may be provided by a driveway which is at least 36 feet in length and 18 feet in width. Parking spaces on streets or parking lots shall be unassigned, except for handicapped parking spaces.
¹⁰Total of two side yards per dwelling shall be 15 feet minimum. Distance between adjacent buildings shall be 15 feet minimum.
¹¹Parking areas may have zero setbacks from internal lot lines.
¹²Tract perimeter setback of 50 may be reduced to 35 feet along the Colts Neck side of the Howell Township municipal boundary as long as the remaining 15 feet is provided by a buffer easement dedicated to Colts Neck Township along the Howell Township side of the boundary. The grantor, its successors and assigns reserve a 24-foot access easement and a fifteen-foot utility right-of-way easement across the 15-foot buffer easement in Howell Township.

Signs.

(1)

Street number designation, postal boxes, on-site directional and parking signs and signs posting property as "private property," "no hunting" or similar purposes are permitted but shall not exceed two square feet in area per sign per side.

(2)

A temporary real estate sign advertising the sale or lease of a property or structure is permitted with the following restrictions:

[Amended 11-10-1999]

(a)

There shall be no more than one sign per property, except that corner lots shall be entitled to two signs per each such lot.

(b)

Signs shall be located not closer than 10 feet from the nearest curbed or paved area. Such signs shall not be lighted.

(c)

Signs must be located on the property advertised.

(d)

Directional signs advertising for open houses may be permitted on the day before the open house and must be removed the same day after the termination of the open house. The number, size and location of such signs are to be determined by the Zoning Officer or Code Enforcement Officer in the exercise of his or her reasonable judgment. In any event, mo more than five signs shall be permitted for any one open house event.

(3)

All signs shall be in accordance with the requirements specified in § 102-106, Signs.

(4)

For seasonal decorations, see § 102-106C.

Certificate of occupancy. Any dwelling unit identified for lower-income housing shall not be occupied or reoccupied by a new tenant or owner until a new certificate of occupancy is issued to assure compliance with § 102-97.

Waivers for lower-income housing. The approving authority, when acting upon an application which includes provisions for lower-income housing in accordance with § 102-97 and the A-4 District, shall waive those portions of the following standards if they do not create health and safety concerns for either the Township or the future residents of a development.

(1)

For streets internal to the development, curbs and gutters may be waived, except in locations where drainage control and/or erosion control are necessary. When curbs and/or gutters are required, they shall conform to § 102-53.

(2)

Piped stormwater drainage systems may be waived with swales substituted, except in situations where swales are likely to increase erosion control problems. If used, swales shall have a bottom elevation that will allow any water under the roadway to seep out and drain away, have side slopes no steeper than three horizontal to one vertical, have a flat four-foot-wide bottom, be planted to stabilize the soil along the sides and bottom according to the soil types, have capacity for the computed runoff, be sloped to handle the rate of runoff while not eroding the soil and allow a design flow of at least 0.5 foot per second, but not more than two feet per second. Intersections shall be crowned to assure positive drainage into the swales. Where pipes are installed at road/driveway crossings or other required locations, the pipes shall be continuations of the swales and shall be of adequate size.

(3)

Streetlighting and other lighting, if provided, shall be designed for locations best meeting overall public safety considerations considering intersections, public parking areas, walkways and the intensity of development. Where installed, lighting shall meet the requirements and/or objectives of § 102-117.

(4)

Off-street parking designs may have waivers of some, but not all, landscaping requirements and may not be required to install curbing around all parking lots. Curbing will be required, however, where drainage control is needed and where erosion potential cannot adequately be addressed by alternate method.

(5)

Shade tree planting and landscaping may be reduced, but not eliminated.

(6)

Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety and proper pedestrian circulation. Sidewalks need not follow all streets and in some instances may be better to follow open space corridors. The determination of whether sidewalks are needed and where they are best located shall be based on public safety, considering the intensity of development, the probable volume of pedestrian traffic, the adjoining street classification where sidewalks parallel streets, access to school bus stops, recreation areas and the general type of improvement intended. If required, sidewalks shall meet the requirements of § 102-72.

(7)

Street paving widths may be reduced in accordance with the following standards which relate reduced pavement widths to removal or limiting of curb-street parking and adequate off-street parking.

(a)

Dedicated public streets.

Right-of-Way (feet)	Paving Width On-Street Parking Allowed (feet)	No Curb Side Parking Allowed (feet)
50	36	NA
40	NA	28

(b)

Private access streets with no restricted public access to dwellings and parking.

Street Paving Widths
Type	Width (feet)
Both side on-street parking	36
One side on-street parking	32
No on-street parking except in parking lots	25

Recyclable material storage. A condition of approval for all subdivisions shall be that all single-family dwelling units constructed on said subdivision shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclable materials (including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen, and all multifamily dwelling units shall provide a storage area of at least six square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclable materials (including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage or kitchen. This requirement shall be stated on the subdivision or site plan plat.

Parking of commercial vehicles prohibited. No commercial motor vehicle, truck tractor, omnibus or school bus, as defined in N.J.S.A. 39:1-1 and the various amendments thereto, nor registered construction vehicles or solid waste vehicles, as defined in N.J.S.A. 39:3-20 and the various amendments thereto, over 1/2 ton registered weight or a trailer bearing commercial license plates shall be parked out of doors any time, except those vehicles actually engaged in deliveries, construction or similar activity that is in progress at the site in question, in which case the vehicles may be parked on a temporary basis. School buses may be parked on school grounds as allowed by these development regulations or in the duly established municipal parking lot. This subsection shall not apply to registered farm vehicles, as defined in N.J.S.A. 39:3-24, 39:3-25 and 39:3-26 and the various amendments thereto.

[Added 6-30-2004]

§ 102-85.1 A-5 Rural Residential District.

Purpose. The purpose of the A-5 Rural Residence District is to provide for requirements for the orderly development of open lands to protect views and wooded areas and to minimize the construction of road surfaces and other impervious surfaces so as to preserve the aesthetic character of established neighborhoods.

Principal permitted uses on land and in buildings. All principal uses permitted in the A-1 Agricultural District shall be permitted.

Accessory uses. All accessory uses permitted in the A-1 Agricultural Residential District shall be permitted (subject to §§ 102-48 and 102-87 for additional requirements).

[Amended 5-25-2005]

Building height: as provided for in §§ 102-87 and 102-61.

[Amended 5-25-2005]

Area and yard requirements: as provided for in § 102-87. Nothing herein will be construed to reduce requirements for any other use or structure for which other standards are set forth in the chapter which are more restrictive.

[Amended 5-25-2005]

Minimum off-street parking requirements: as provided for in § 102-84F.

Off-street loading and unloading: as provided for in § 102-84G.

Signs: as provided for in § 102-84H.

Recyclable material storage: as provided for in § 102-84I.

§ 102-85.2 A-6 Residential District.

[Added 12-30-2003; amended 12-10-2008; 8-8-2018 by Ord. No. 2018-13; 9-9-2020 by Ord. No. 2020-16; 9-9-2020 by Ord. No. 2020-17]

Principal permitted uses on land and in buildings. The following shall be permitted as principal uses:

(1)

Multifamily residential buildings, with market rate and multifamily rental affordable housing units. A 20% set-aside of multifamily rental affordable housing units shall be provided in accordance with § 102-97.1 of the Township Code.

(2)

Agricultural uses.

(3)

Conservation areas and open space.

(4)

The growing, cultivating, farming, manufacturing, distribution, or selling of medical and/or recreational marijuana and/or paraphernalia that facilitates its use, shall be a prohibited principal, accessory or conditional use.

[Added 4-14-2021 by Ord. No. 2021-6]

Permitted accessory uses:

(1)

Off-street parking facilities and parking lots.

(2)

Mailboxes, lampposts, flagpoles, driveways, paths, sidewalks.

(3)

Common facilities and amenities, including: tot lots, clubhouse with a fitness center and reception facilities, swimming pools, hot tubs, grilling stations and other on-site recreational areas and facilities, common walkways, gazebos, sitting areas, picnic areas and gardens, enclosed dog park/run area, and other similar uses.

(4)

Patios, decks, terraces, and balconies.

(5)

Fences and walls. See § 102-57 and § 102-73 for requirements.

(6)

Maintenance building accessory to the multifamily buildings, and pump station maintenance building, not to exceed 1,500 square feet of coverage and 25 feet in height.

(7)

Satellite dishes and solar energy panels mounted at ground level, which shall be screened from view of public streets and neighboring properties by screening, planting, fencing or a combination of these techniques, in order to provide proper screening after two growing seasons. These location requirements do not apply to solar energy panels that are mounted flush, or nearly flush, with building sides or roofs.

(8)

Antennas. See § 102-49 for requirements.

(9)

Bike racks.

(10)

Signs.

(11)

Site lighting. The arrangement of exterior lighting shall adequately and safely illuminate parking areas, internal roadways, and walkways.

(12)

Other uses which are customarily incidental to a permitted principal use.

(13)

Temporary construction and sales trailers. See § 102-80 for requirements.

(14)

Utility structures, including, but not limited to, stormwater management basins and facilities, pump stations, junction boxes, and the like. Existing stormwater management basins and facilities may be utilized in new development.

(15)

Emergency generators.

(16)

Barns and accessory buildings to farms. See § 102-84 for requirements.

Maximum gross density. Notwithstanding the requirements set forth in § 102-98H and § 102-85.2E setting forth the maximum permitted gross density of residential development, the maximum number of residential units permitted within multifamily buildings is 360 units, or equivalent to a gross density not to exceed 9.5 units per gross acre.

Affordable housing. Not less than 20% of the total units developed on the site shall be affordable housing rental units. All affordable units shall be integrated into the market rate dwelling units with no more than 10 affordable units per building. If the multifamily rental dwelling units are subject to a condominium form of ownership, affordable units may be owned and managed by an affordable housing developer. 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 law, 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 decides, in its sole discretion, to release the controls on affordability.

Bulk, area, and building requirements. Multifamily dwelling units in the A-6 Zone shall be subject to the following requirements. Agricultural uses are subject to the standards of the A-1 Agricultural and Residential District requirements of § 102-84.

Requirements for Multifamily Dwellings	Standard
Minimum lot area (acres)	35 acres
Minimum building setback from front Route 537 frontage*	75 feet
Minimum building setback from internal roads, aisles, and parking areas	10 feet
Minimum distance between buildings**	35 feet
Minimum side yard setback	20 feet
Minimum rear yard setback	0 feet where it abuts a riparian zone; otherwise 25 feet
Maximum building height***	50 feet
Maximum clubhouse height***	30 feet
Maximum maintenance building height***	25 feet
Maximum building length along longest side	145 feet
Maximum building coverage	20%
Maximum lot coverage	40%
Minimum open space	50%

NOTES:
*	Setbacks are calculated from the property line and may overlap with buffers or setbacks required by any county or state agency.
**	Patios, balconies, awnings, and stairways servicing buildings are not included in the calculation of minimum distance between buildings, but a minimum separation of 11 feet between buildings including patios shall be maintained, and a minimum separation of 15 feet between buildings including balconies, awnings, and stairways shall be maintained.
***	Building height is measured from the finished development grade to the highest point of a roof.

Site access, off-street parking, and loading requirements.

(1)

Two site access driveways shall be permitted from County Route 537 to the site. Notwithstanding the provisions of § 102-77H, a development in the A-6 Zone shall be permitted street intersections with the same side of an existing street at intervals of a minimum of 500 feet between center lines of the new streets.

(2)

The number 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."

(3)

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 may be approved by the Planning Board or Zoning Board of Adjustment.

(4)

No loading spaces are required.

(5)

Notwithstanding the requirements set forth in § 102-119G, aisles providing access to parking spaces shall be 24 feet in width.

(6)

Parking spaces and parking areas shall be set back a minimum of 75 feet from the property boundary along the Route 537 frontage, and zero feet from riparian zone buffers, and 15 feet in all other yards.

(7)

Parking space dimensions shall be nine feet by 18 feet.

(8)

Notwithstanding the provisions of § 102-71A, shade trees shall be planted 10 feet from the curbline.

(9)

Notwithstanding the requirements set forth in § 102-119A(2), no landscape islands shall be required in the parking areas.

(10)

Notwithstanding the provisions of § 102-99B, a wall may be substituted in lieu of screen planting, except along Route 537.

(11)

The main loop road servicing the development shall have a pavement width of 28 feet.

Landscape buffer. Along the Route 537 frontage, a seventy-five-foot landscaped buffer shall be provided. The buffer shall be calculated from the property line and may overlap with any county or state buffers. The landscaped buffer shall be planted with an all-season screen consisting of groups of evergreen and deciduous trees staggered in double rows 15 feet on center. Evergreen tree groups shall consist of three to seven evergreen trees (minimum of six feet in height at planting). Deciduous tree groups shall consist of one canopy tree (minimum of 11 feet in height and 2 1/2 inches in caliper at planting) and three ornamental trees (minimum of six feet in height, 1 3/4 inches' caliper at planting.) A project identification sign is permitted within the landscaped buffer.

Signs.

(1)

One monument or freestanding project identification sign at each side of any site entrance along the Route 537 frontage in accordance with the following standards:

(a)

Signs shall be nonilluminated or externally illuminated.

(b)

Signs shall be landscaped and may identify the community project name, developer, and logo.

(c)

The maximum sign area containing text and logos shall not exceed 25 square feet for each side of the sign if two-sided.

(d)

The maximum sign height, including the structure and sign area, shall not exceed eight feet above proposed finished grade.

(e)

The minimum sign setback shall be 10 feet from the public right-of-way.

(2)

One wall-mounted building identification sign is permitted for each face of a building abutting an internal roadway or parking area. The wall-mounted sign shall have a maximum height of 12 feet and a maximum area of eight square feet. Wall-mounted signs may be externally illuminated.

(3)

Ground-mounted wayfinding signs shall be permitted to identify specific locations and/or buildings, areas, or recreational facilities. At entrances to these areas, two signs shall be permitted stating the name of the area or facility, as applicable, and no other advertising material. No sign shall exceed four square feet in area and 4.5 feet in height.

(4)

Street number designation, nameplates, lawn signs, postal boxes, on-site directional and parking signs, and signs posting property as "private property," "no hunting," or similar purposes are permitted but shall not exceed an area of two square feet per sign.

(5)

Real estate signs and flag signs, the purpose of which is to advertise availability and/or direct the public to the development, are permitted along public streets and intersections, provided that such signs are located outside of any sight triangle easements and do not interfere with vehicle sight lines. Such signs shall comply with the following requirements:

(a)

There shall be no more than five real estate signs and 10 flag signs per property being advertised; however, there shall be no more than five real estate signs and 10 flag signs along County Route 537.

(b)

Signs shall be freestanding and nonilluminated and may be two-sided.

(c)

Real estate signs shall not exceed 25 square feet in area, per side, and eight feet in height above the ground.

(d)

Flag signs shall not exceed 60 square feet of area, per side, and shall not exceed 20 feet in height above the ground.

(e)

The text per each sign shall include the community project name, developer name, logo, and advertising and informational text.

(6)

Except as provided for herein, all signs shall be in accordance with the requirements of § 102-106.

(7)

Seasonal decorations are permitted in accordance with the requirements of § 102-106C.

(8)

Monument and freestanding signs shall be located outside of any sight triangle easements.

Refuse and recyclable material storage. Every multifamily building shall provide a storage area to accommodate refuse and recyclable materials. The area shall be screened from view and enclosed by fencing, plantings, or other materials that are contextual with the architectural design of the development.

Yards.

(1)

Notwithstanding the requirements set forth in § 102-83C, there is no requirement to provide a yard area for any building.

Phased development.

(1)

Phased development plans may be considered for residential development projects that include a minimum of 300 residential units and a land area of 35 acres or greater.

§ 102-85.3 A-7 Residential District.

[Added 12-16-2020 by Ord. No. 2020-21]

Purpose. The purpose of the A-7 Residential District is to encourage the orderly development of 25 detached single-family residential dwellings serviced by on-site individual sanitary sewerage systems and potable wells to help generate supplemental capital to offset the costs associated with the extension of infrastructure into Area 1 as contained in the Colts Neck Housing Element and Fair Share Plan. The A-7 Zone also satisfies one component of the March 16, 2020 letter from the Fair Share Housing Center memorializing the terms of the Township's Round III affordable housing obligation settlement agreement with Fair Share Housing Center and fulfills one of the requirements of the Declaratory Judgment Action and Order to Show Cause in the Matter of the Application of Colts Neck Township docket at MON-L-2234-15.

Principal permitted uses on land and in building. The following shall be permitted as principal uses:

(1)

Agricultural uses and farms.

(2)

Detached single-family residential dwelling.

(3)

Township recreational uses, including fishing and other outdoor sports, swimming pools, playgrounds, parks and ball fields.

(4)

Building or land used exclusively by federal, state, county or Township government for public purposes.

Accessory uses. The following shall be permitted as accessory uses (subject to §§ 102-48 and 102-87).

(1)

Private residential swimming pools and recreation courts; subject to §§ 102-11 and 102-108.

(2)

Barns, toolsheds, greenhouses, detached garages, pool cabanas, outdoor barbeque structures, as well as customary accessory buildings to a single-family dwelling and farms.

(3)

Of-street parking and private garages.

(4)

[Amended 6-12-2024 by Ord. No. 2024-15]

(5)

Accessory buildings shall be in accordance with the following schedule in the A-7 Zone, except that farm buildings shall be exempted from this maximum building, floor area, volume, height and story requirement.

Schedule of Maximum Limitations: Accessory Structures
Lot Area	Zero to 50,000 Square Feet	50,000 Square Feet to 150,000 Square Feet	Greater Than 150,000 Square Feet
First Floor	700 square feet	900 square feet	1,200 square feet
Total Floor Area	N/A	1,200 square feet	1,800 square feet
Total Building Volume	8,000 cubic feet	13,000 cubic feet	20,000 cubic feet
Height	18 feet	25 feet	25 feet
Stories	1.5	2.5	2.5

Notes:
1.	Total floor area and total building volume includes all basement areas but excludes cellars.
2.	Total floor area includes all areas in a half story where the floor-to-ceiling height exceeds 4.5 feet.

(6)

Fences and walls; subject to §§ 102-57 and 102-73.

(7)

Temporary construction trailers; subject to § 102-80.

(8)

Recreation courts, private residential.

(9)

Wind energy systems, subject to § 102-82.1.

(10)

Antennas, subject to § 102-49.

(11)

The keeping of farm animals on a lot which is the subject of a farmland assessment shall be permitted as an accessory use with a principal farm use.

(12)

(a)

The business use is limited solely to office use;

(b)

The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit and no other persons;

(c)

No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;

(d)

The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;

(e)

Interior storage of materials shall only consist of office supplies;

(f)

There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including but not limited to parking, storage, signs or lights;

(g)

The use operates no equipment or process that creates noise, vibration, glare, fumes, odors or electronic interference, including with telephone, radio or television reception, detectable by neighboring residents;

(h)

The use does not require any increased or enhanced water supply;

(i)

The quantity and type of solid waste disposal is the same as other residential uses in the zone district;

(j)

The capacity and quanity of effluent is typical of normal residential use and creates no potential or actual detriment to the individual subsurface disposal system or its components:

(k)

Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district; and

(l)

All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.

(13)

Storage of travel trailers, camper trailers, recreational vehicles, watercraft, boats, boat trailers, utility trailers and/or other trailers.

[Added 6-12-2024 by Ord. No. 2024-15]

(a)

(b)

All travel trailers, camper trailers, boats, boat trailers, recreational vehicles, watercraft, utility trailers, and/or other trailers parked or stored must have a valid registration.

(c)

No travel trailer, camper trailer, recreational vehicle, boat, boat trailer, watercraft, utility trailer and/or other trailer shall be parked or stored in the front yard as defined in § 102-4: "yard, front."

(d)

No travel trailer, camper trailer, recreational vehicle, boat, boat trailer, watercraft, utility trailer and/or other trailer shall be parked or stored in a minimum side or rear yard setback.

(e)

No travel trailer, camper trailer, recreational vehicle, boat trailer, watercraft, utility trailer and/or other trailer with more than two rear axles (dual axles) shall be parked or stored on any property.

(f)

No travel trailer, camper trailer, recreational vehicle, boat, boat trailer, utility trailer and/or other trailer shall be used for permanent or temporary occupancy. (See § 102-80, Trailers.)

(g)

All travel trailers, camper trailers, recreational vehicles, boats, boat trailers, watercraft, utility trailers or other trailers parked or stored must be the property of the property owner or resident tenant.

(h)

No travel trailer, camper trailer, recreational vehicle, boat, boat trailer, watercraft, utility trailer and/or other trailer which is in a state of substantial disrepair or derelict may be parked or stored.

(i)

The provisions of this section shall not apply to commercial farms.

Building height. No building shall exceed 35 feet in height or 2 1/2 stories, except for barns, which shall not exceed 55 feet. See § 102-61.

Area and yard requirements.

(1)

Detached single-family dwellings shall meet the minimum requirements as shown on the schedule of limitations. See § 102-87.

(2)

(3)

For swimming pool and private residential recreation courts, see §§ 102-101 and 102-108.

Minimum off-street parking.

(1)

There shall be three spaces per dwelling unit.

(2)

Public buildings and government buildings shall provide one space for every 600 square feet of gross floor area.

(3)

Parking and/or storage of commercial vehicle, truck, van, sports utility vehicle.

[Amended 2-14-2024 by Ord. No. 2024-9]

(a)

A maximum of one motor vehicle with commercial motor vehicle registration and/or bearing commercial license plates and/or passenger vehicle registration bearing passenger license plates insured at a commercial rate shall be parked or stored on any property, except those vehicles engaged in deliveries, construction or similar activity that is in progress at the site in question.

(b)

Commercial vehicle, pickup truck, van, or sports utility vehicle may be parked or stored. All other truck or vehicle configurations (rack body, dump body, omnibus, school bus, etc.) are prohibited.

(c)

All commercial vehicles, pickup trucks, vans, or sports utility vehicles, parked or stored must have a valid registration.

(d)

No commercial vehicle, truck, van, or sports utility vehicle shall be parked or stored in the front yard as defined in § 102-4, "yard, front."

(e)

No commercial vehicle, truck, van, or sports utility vehicle shall be parked or stored in a minimum accessory building side or rear yard setback.

(f)

No commercial vehicle, truck, van, or sports utility vehicle with more than a single rear axle shall be parked or stored on any property.

(g)

(h)

All commercial vehicles, pickup trucks, vans or sports utility vehicles parked or stored must be the property of the property owner or resident tenant or the property of the employer of the property owner or resident tenant.

(i)

No commercial vehicle, pickup truck, van, or sports utility vehicle which is in a state of substantial disrepair or derelict may be parked or stored.

(j)

The provisions of this section shall not apply to federal, state, county, municipal, farmer or farm use vehicles.

(k)

Signs.

(1)

(2)

A temporary real estate sign advertising the sale or lease of a property or structure is permitted with the following restrictions:

(a)

There shall be no more than one sign per property, except that corner lots shall be entitled to two signs per each such lot.

(b)

Signs shall located not closer than 10 feet from the nearest curbed or paved area; such signs shall not be lighted.

(c)

Signs must be located on the property advertised.

(d)

Directional signs advertising for open houses may be permitted on the day before the open house and must be removed the same day after the termination of the open house. The number, size and location of such signs are to be determined by the Zoning Officer or Code Enforcement Officer in the exercise of his or her reasonable judgement. In any event, no more than five signs shall be permitted for any one open house event.

(3)

All signs shall be in accordance with the requirements specified in § 102-106, Signs.

(4)

For seasonal decorations, see § 102-106C.

Miscellaneous requirements and exemptions.

(1)

Residential density shall not exceed 25 detached single-family residential dwellings per development.

(2)

No lot shall have direct access to Hockhockson Road and a fifty-foot landscape easement shall be provided along Hockhockson Road.

(3)

Each lot shall contain 30,000 square feet free of wetlands and associated buffer areas; floodplains; conservation, open space, drainage and right-of-way easements, landscaping easements, drainage easements, special water resource protection areas and similar environmental features or encumbrances to ensure each lot can support an individual septic system, potable well, single family dwelling and accessory structures (in-ground pool, cabana, etc.).

(4)

Notwithstanding any other provision of this chapter, the A-7 Agricultural District shall be exempted from the following provisions:

(a)

Section 102-94, Design standards in stream corridors.

(b)

Section 102-115, Buffers.

(c)

Section 102-90, Buffers.

(d)

Section 102-87, footnote c requiring 85% or 75,000 square feet of each lot to be free of wetlands and associated buffer areas; floodplains; conservation, open space, drainage and right-of-way easements, landscaping easements, drainage easements, special water resource protection areas, scenic viewshed boundary and similar environmental features or encumbrances which restrict development of the property.

§ 102-86 AG Agricultural District.

Purpose. This zone is placed to recognize the existing agricultural characteristics while permitting development in a manner that will encourage the continuation of farming. It is intended to retain the low-density characteristics of the agricultural area while offering alternatives for limited new developments that will least impact the continuation of agricultural activities and minimize the impact on limited natural resources that may otherwise result from higher-density development relying on on-site wells and septic systems. The alternatives in this district are also intended to provide flexibility in design to reduce street mileage and alternate location of structures, while promoting the conservation of energy and maximizing utilization of renewable energy resources.

Permitted principal uses. The following shall be permitted as principal uses:

(1)

Building and land used for agricultural purposes and including such shelter as may be required for seasonal farm labor.

(2)

Farms.

(3)

Single-family dwelling.

[Amended 5-25-2005]

(4)

Public uses, provided that they meet the minimum requirements for a farmette.

(5)

Golf courses open for play only during daylight hours. See § 102-93 for requirements.

(6)

Vineyard.

[Added 12-19-2000]

(7)

Wireless telecommunications towers and antennas; subject to § 102-46.5.

[Added 8-16-2006]

(8)

Affordable housing growth share – grandfather, subject to § 102-46.6.

[Added 12-10-2008; amended 9-9-2020 by Ord. No. 2020-16]

(9)

The growing, cultivating, farming, manufacturing. distribution, or selling of medical and/or recreational marijuana, and/or paraphernalia that facilitates its use, shall be a prohibited principal. accessory or conditional use.

[Added 8-8-2018 by Ord. No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]

Conditional uses (see § 102-11). The following shall be permitted as conditional uses:

(1)

Public utilities.

(2)

Veterinarian offices for large farm animals as an accessory use to an agricultural use.

[Amended 2-8-2023 by Ord. No. 2023-3]

(3)

Institutional uses, except these uses shall not be permitted on lots resulting from the lot size averaging provisions contained in § 102-86F(3)(b) of the Colts Neck Development Regulations. See § 102-11F.

[Amended 8-14-2013; 2-28-2018; 8-11-2021 by Ord. No. 2021-14]

(4)

(Reserved)[1]

[1]

Editor's Note: Former Subsection C(4), private helistops, was repealed 9-29-1999.

Accessory uses. The following shall be permitted as accessory uses (subject to §§ 102-48 and 102-87):

[Amended 5-25-2005]

(1)

Barns, toolsheds, greenhouses, detached garages, pool cabanas, outdoor barbeque structures as well as customary accessory buildings to a single-family dwelling and farms, including housing facilities used seasonally for farm workers actually working on the farm on which they are housed, provided that they are occupied only on a seasonal basis and meet all state and local rules and regulations.

(2)

Private residential swimming pools and recreation courts; subject to §§ 102-101 and 102-108.

(3)

Off-street parking and private garages.

(4)

Fences and walls; subject to §§ 102-57 and 102-73.

(5)

Temporary construction trailers; subject to § 102-80.

(6)

Farm labor housing accessory dwelling units. Accessory dwelling units to serve as living quarters are permitted on active horse training or breeding and other active operating farms, provided that one occupant(s) is a full-time employee(s) of the farm on which the accessory structure sits, that all other residents must be immediate family members of the full-time employee, that each unit shall have a maximum gross floor area of 1,200 square feet and that the units are located and comply with the following requirements:

[Amended 8-11-2004]

(a)

The setbacks shall be twice the setbacks required for farm accessory buildings, except that said units shall not be located in any front yard area. These uses shall use the same driveway as the principal residence on the property.

(b)

(c)

Certification of eligibility that occupancy of a unit is by a full-time employee involved in the primary operation of the farm shall be submitted annually by the property owner to the Township Planner. Smoke detector inspections pursuant to § 29-7C(7) and submission of the health standard certifications pursuant to § 93-4 of the Code of the Township of Colts Neck shall occur for each change in tenancy.

(d)

A farm must have an area of at least 15 contiguous acres to be eligible.

(e)

(f)

Construction permit and certificate of occupancy are required for these units.

(g)

Grandfathering or nonconforming accessory dwelling units in the AG Zone. An accessory dwelling unit which has received a certificate of occupancy and was occupied as of the effective date of this section may be enlarged or reconstructed without an appeal to the approving authority even though the accessory dwelling unit may now be nonconforming as to the number of units per farm permitted, provided that the accessory dwelling unit conforms with all bulk requirements in § 102-86D(6)(a).

(7)

[Amended 8-11-2004]

(a)

The number of farm labor housing units (in addition to the principal residence) permitted on a farm under these provisions shall not exceed one unit per 15 acres or one unit per eight horse stalls, whichever results in the smaller number, for a total not in excess of three units per farm. A farm must have an area of at least 15 contiguous acres to be eligible. Each unit shall have a maximum of 1,200 square feet per unit. Occupant(s) living in the quarters must be full-time employee(s) involved in the primary operation of the farm on which the accessory structure sites. All other residents must be immediate family members of the full-time employees.

(b)

Certification of eligibility that the occupants for the living quarters are full-time employees involved in the primary operation of the farm shall be submitted by the property owner annually to the Township Planner. Smoke detector inspections pursuant to § 29-7C(7) and submission of the health standard certifications pursuant to § 93-4 of the Code of the Township of Colts Neck shall occur for each change in tenancy. Such living quarters require a construction permit and a certificate of occupancy. Any units provided under this provision shall cease to be used as a residence six months after the date that occupancy ceases or that the property no longer qualifies for such housing under the requirements herein.

(c)

(8)

Golf courses; subject to § 102-93.

(9)

Solar energy panels mounted at ground level, to be located in rear and side yards only and which shall be screened from view from public streets by screening planting, fencing or a combination thereof, such as to provide the proper shielding after two growing seasons. Location and screening requirements do not apply to solar energy panels mounted flush or nearly flush with building sides or roofs.

[Amended 6-12-2024 by Ord. No. 2024-15]

(10)

Farm stands, temporary seasonal; subject to § 102-92.

(11)

Nursery schools affiliated with churches, operated on church premises and operated on a nonprofit basis.

(12)

Antennas, subject to § 102-49.

(13)

Riding/training stables, Types 1, 2 and 3. See §§ 102-102, 102-103 and 102-104.

(14)

Horse tracks with major site plan approval.

(15)

The keeping of farm animals on a lot which is the subject of a farmland assessment shall be permitted as an accessory use with a principal farm use.

[Added 5-14-1997]

(16)

A winery [see § 102-86F(7)] and winery retail sales area in conjunction with a winery which meets the following requirements:

[Added 12-19-2000]

(a)

The sales area shall be limited to juices, wine and/or brandy grown, processed and fermented on site in the winery, along with associated accessory products such as corkscrews, wine totes, wine buckets, wine glasses, decanters, small wine racks, small uncorking and preservation machines, small wine barrels and literature. No food or food products shall be sold from the retail sales area, except for agricultural produce or product grown on the site. Gratuitous offerings of cheese, crackers or condiments associated with wine sampling is permitted upon approval of the Colts Neck Health Officer, pursuant to Chapter 12 of the State Sanitary Code.

(b)

The gross floor area of the retail sales area shall not exceed 600 square feet. Gross floor area of the retail sales is not included in the farm winery floor area ratio (FAR) calculations.

(c)

The retail sales areas shall be open to the general public within the limitations as prescribed by the farm winery license and Township ordinances applicable to the sale of alcoholic beverages, whichever are more restrictive. However, the winery retail sales area may only be open for retail sales between 9:00 a.m. and 6:00 p.m., except on Saturday and Sunday when the hours will be from 11:00 a.m. to 6:00 p.m. Said retail sales area shall be allowed to be open a maximum of four days per week.

(d)

One nonilluminated facade sign may be permitted, provided that the area of the sign does not exceed the equivalent of 5% of the area of the wall on which it is attached or 40 square feet, whichever is smaller. On-site directional signs are permitted, provided that said signs do not exceed 5 square feet in area and 2 1/2 feet in height.

(e)

One off-street parking space shall be provided for each 100 square feet of floor area devoted to the sales area. The parking area may be paved or gravel.

(f)

Notwithstanding Subsection D(16)(c) above, the retail sales area shall be closed on Monday, Tuesday and Wednesdays of each week.

(g)

Notwithstanding Subsection D(16)(c) and (f) above, the retail sales area can be open a maximum of nine continuous months per calendar year. All interior signs shall be removed during off-season periods.

(h)

Tour buses, as defined herein, shall not be allowed on site nor be allowed to park on public streets or roads nor be allowed to discharge passengers on said public streets or roads or on the site.

(i)

Wine sampling shall be limited to no more than five samples per visitor as defined herein.

(j)

Special events such as Renaissance fairs, wine festivals, music festivals, theme nights, banquets, weddings and wedding receptions associated with a winery shall be prohibited.

(k)

Winery permit required.

[1]

Wineries utilizing existing farm structures located on properties as of the adoption of this subsection and fulfilling all requirements of §§ 102-86D(16) and 102-86F(7) shall be site plan exempt. All other wineries must obtain Minor Site Plan approval from the approving authority.

[2]

All wineries must obtain a yearly retail sales permit issued by the Zoning Officer. The retail sales permit shall be valid for a maximum period of nine months per year and shall be issued or denied within 20 working days of submission. A fee of $25 must be submitted with the permit application.

[3]

All winery retail sales permit applications shall include a plot plan prepared in accordance with §§ 102-86D(16) and 102-86F(7) and indicate the location of all existing structures, proposed parking locations, the location, size and description of all interior signs, floor plan of the retail sales area, the proposed signage, the location of all entrances and exits, the location of all access isles, parking control measures to be provided and a description of the wine and accessory products sold and the hours of operation. Proof of a State Alcoholic Beverage Control (ABC) approved farm winery license must also be submitted. The Zoning Officer may request additional information as deemed necessary.

(l)

A mercantile license shall also be obtained.

(17)

[Added 5-25-2005]

(a)

The business use is limited solely to office use;

(b)

The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;

(c)

No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;

(d)

The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;

(e)

Interior storage of materials shall only consist of office supplies;

(f)

There shall be no change to the exterior of the buildings or structures because of the use, and no outside appearance of a business use, including but not limited to parking, storage, signs, or lights;

(g)

(h)

The use does not require any increased or enhanced water supply;

(i)

The quantity and type of solid waste disposal is the same as other residential uses in the zone district;

(j)

The capacity and quality of effluent is typical of normal residential use and creates no potential or actual detriment to the individual subsurface disposal system or its components;

(k)

Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district; and

(l)

All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.

(18)

Wind energy systems; subject to § 102-82.1.

[Added 8-10-2011]

(19)

Storage of travel trailers, camper trailers, recreational vehicles, watercraft, boats, boat trailers, utility trailers and/or other trailers.

[Added 6-12-2024 by Ord. No. 2024-15]

(a)

No more than a total of two travel trailers, camper trailers, recreational vehicles, boats, boat trailers, boats on trailers, watercraft, watercraft(s) on trailers, utility trailers, and/or other trailers may be parked or stored on any property.

(b)

All travel trailers, camper trailers, boats, boat trailers, recreational vehicles, watercraft, utility trailers, and/or other trailers parked or stored must have a valid registration.

(c)

(d)

No travel trailer, camper trailer, recreational vehicle, boat, boat trailer, watercraft, utility trailer and/or other trailer shall be parked or stored in a minimum side or rear yard setback.

(e)

(f)

No travel trailer, camper trailer, recreational vehicle, boat, boat trailer, watercraft, utility trailer and/or other trailer shall be used for permanent or temporary occupancy. (See § 102-80, Trailers.)

(g)

(h)

(i)

The provisions of this section shall not apply to commercial farms.

Building height. No building shall exceed 35 feet in height or 2 1/2 stories, except as provided in § 102-61.

Area and yard requirements.

(1)

Farms, agricultural, horticultural and dairying uses shall be 10 acres minimum. Barns, livestock shelters and other customary agricultural accessory farm buildings which usually house or contain livestock shall be set back at least 100 feet from any property line.

(2)

(Reserved)[2]

[2]

Editor's Note: Former Subsection F(2), regarding area and yard requirements for veterinarian offices, was repealed 2-8-2023 by Ord. No. 2023-3.

(3)

Residential development. The development of residences shall be based on one of the following choices. Overall, the densities are kept low. The intent is to add flexibility to the number of design options available, so some additional development can take place, while minimizing the impact on agricultural uses, maximizing the preservation of prime agricultural soils and the industry of agriculture, directing higher-density development away from the reservoir, encouraging the conservation of energy and maximizing opportunities to use renewable energy sources.

(a)

Ten-acre farmettes and flag lots.

[Amended 2-13-2013]

Type	Farmettes	Flag Lots
Minimum lot area	10 acres	10 acres, plus access lane
Minimum lot frontage and width	300 feet¹	50 feet for lane, but a width of 300 feet for that portion of the flag lot used as the house site
Minimum lot depth	400 feet	400 feet without access lane
Minimum front yard	200 feet	200 feet without access lane
Minimum side yard²	40 feet	40 feet
Minimum rear yard²	50 feet	50 feet
Minimum building separation	20 feet	20 feet
Maximum building height²	35 feet	35 feet
Maximum building coverage³	5%	5%
Maximum lot coverage³	10%	10%

NOTES:
¹ See § 102-87, Note 1.
² Except that barns, livestock shelters and other customary agricultural accessory farm buildings and structures shall be located at least 100 feet from any lot line, and barns may have a maximum height of 55 feet. See § 102-61 for additional building height for single-family dwellings.
³ See definition.

(b)

Lot size averaging.

[1]

Development of a tract is encouraged to be designed according to the principles of lot size averaging in order to preserve major tracts of land for agriculture and/or open space. To determine the number of lots (meaning dwelling units as well) permitted on a tract, the total acreage of the tract being subdivided shall be divided by 10. Any fraction greater than 0.50 shall be rounded up. This number of lots (which includes any existing dwelling units on the tract), plus any bonus lots allowed as set forth below, shall be the maximum number of lots allowed on the tract. These lots may then be designed based on the design principles of lot size averaging where new lots may be as small as 88,000 square feet, provided that one or more large tracts are dedicated to agriculture or open space so that the overall average is maintained. Lots less than 10 acres shall meet the zoning requirements set forth below. In order to encourage developments that will result in large contiguous tracts so as to encourage the continuation of agriculture and/or open space, perpetuate the rural character and minimize the appearance of development, bonus lots shall be permitted as set forth in Table A, Bonus Lots. Note that, pursuant to § 102-86C(3), the conditional uses of churches, libraries, private and public nonprofit day schools of elementary or high school grades and accredited by the New Jersey Department of Education are expressly prohibited on lots resulting from these lot size averaging provisions.

[Amended 8-13-1997; 8-13-2003; 8-14-2013; 12-10-2014]

Zoning Requirements for Lots Less Than 10 Acres
Type	Requirement
Minimum lot area	88,000 square feet¹
Maximum lot area	200,000 square feet¹
Minimum lot frontage and width	250 feet²
Minimum lot depth	300 feet
Minimum front yard²³	75 feet
Minimum side yard²³	50 feet
Minimum rear yard²³	50 feet
Maximum building height³	35 feet
Maximum building coverage⁴	10%
Maximum lot coverage⁴	20%

NOTES: ¹Lots less than 10 acres are limited to one detached single-family dwelling with applicable permitted accessory uses. ²See § 102-87, Note 1.
³Accessory buildings and structures shall meet the area and setback requirements as set forth in the A-1 District and in the Schedule of Limitations for the A-1 District.
⁴See definition.

	Table A
	Bonus Lots
	A.	Minimum large tract dedications. The minimum tract size dedicated for farmland or open space shall be 30 acres.
	B.	Bonus for large tract dedications. Dedicated tracts less than 30 acres after the subdivision, including any and all bonus lots, receive no bonus. For large tract dedications of 30 acres or more, bonus lots shall be allowed according to the following schedule:

	Size of Tract (acres)	Bonus Lot(s) Allowed
	Less than minimum of 30	None
	30.0 to 49.9	1
	50.0 to 69.9	2
	70.0 to 89.9	3
	90.0 to 109.9	4
	110.0 to 129.9	5
	For each additional 20 acres	1 additional

	Table A
	Bonus Lots [Amended 8-13-1997]
	C.	Bonus for screening the development from view. In developments where 30 or more acres are dedicated to open space and/or agriculture, a maximum of one bonus lot is permitted for the entire tract when all lots less than 10 acres in size are screened from view from arterial and collector roads, whether the development is constructed in one phase or in multiple phases. The purpose is to maintain the view of such features as farm buildings, woods, pastures, fields, crops and similar features contributing to the rural character of Colts Neck. This bonus only applies to developments with frontage on arterial or collector roads and where all new road locations will not make existing lots outside the development corner or through lots. To achieve the desired result all lots less than ten acres in size must be set back a minimum of 400 feet from an arterial or collector road. A berm and a 75 foot wide landscape easement shall be placed on the lots less than 10 acres in size facing the arterial or collector road. The berm shall have a minimum height of four feet and have a maximum 5:1 side slope. The berm shall be planted with an all-season screen consisting of evergreen and deciduous trees. The evergreen trees shall be a minimum of six feet in height at planting and the deciduous trees shall be a minimum of 2 1/2 inches in caliper (11 to 12 feet in height) at planting. The landscape screen shall be planted in groupings of evergreen and deciduous trees. Evergreen tree groupings shall consist of three to seven trees per group. Deciduous tree groups shall consist of one canopy tree, and three ornamental trees (six to eight feet in height, 1 3/4 inch caliper) per group. All trees (evergreen and deciduous) shall be planted in a double staggered row 20 feet on center. In lieu of this berm, the developer may propose an alternative design, subject to the satisfaction of the approving authority, singly or in combination, using existing wooded areas so that visibility of all lots less than ten acres in size is screened and the views of the farms and related rural and/or open space characteristics are the primary view.
	NOTE: The permitted number of bonus lots is cumulative. For example, a tract of 150 acres, where 75 acres is deed-restricted to agriculture (three bonus lots) and all the new homes are screened from view (one bonus lot), the developer may submit a subdivision design with up to 19 buildable lots (150 acres at one unit per 10 acres equals 15 lots, plus the four bonus lots).

[2]

Priority shall be given in the design of the development to minimize conflicts that can arise between the new housing and any active agricultural uses, considering such things as placing any agricultural tracts on the prime agricultural soils and having access to surface water or groundwater resources for irrigation purposes, using topography and/or existing wooded area and/or developer-provided landscaped area to buffer and/or separate any agricultural uses from nonagricultural uses and retaining large blocks of contiguous acreage. Easements may be required to protect buffer areas.

[3]

For each lot 30 acres or larger created under these lot size averaging provisions and used to qualify for bonus lots and intended for use other than a single-family dwelling, a site plan sketch plat and a description of intended use shall be provided as part of the application for preliminary major subdivision approval in order to assist the approving authority and the applicant in determining the required spacing and other design criteria for such matters as meeting any required buffer areas under § 102-90, the separation of residential and nonresidential traffic and whether the general design or any specific components of the design should either encourage or discourage the integration of or separation of the abutting uses. Permitted uses on these lots, in addition to single-family dwellings with applicable permitted accessory uses, are limited to golf courses, agriculture and horticulture and/or open space in accordance with the applicable requirements herein.

[4]

A sample deed restriction dedicating the tract(s) to agricultural or open space shall accompany the application, together with a sample deed for all single-family lots. The following statement shall be contained in the deeds for all lots in a subdivision approved under these lot size averaging provisions [including the remaining tract(s) dedicated to agricultural or open space] and shall be placed upon the preliminary plat and on the final subdivision plat that is filed. The applicant shall furnish a copy of the filed deed conveying each lot, containing the following clause, to the Township Planning Board at the time of the conveyance:

[Amended 12-30-1998; 8-14-2013; 5-12-2021 by Ord. No. 2021-9]

"This lot was subdivided pursuant to the lot size averaging provisions published in § 102-86F(3)(b) of Chapter 102, Development Regulations, of the Code of Colts Neck Township. The further subdivision, agricultural division of land or divisions of property by testamentary or intestate provisions of this lot which is described herein is prohibited. The use of this lot for places of worship, libraries, private and public day schools of elementary or high school grades accredited by the New Jersey Department of Education is also prohibited. These restrictions shall run with the land described herein and is binding upon any and all heirs, successors and assigns in title from and after the date of this deed and shall be enforceable by the Township of Colts Neck."

(c)

Farmland preservation parcels.

[Added 8-18-1999]

[1]

To receive treatment under this section, farmland preservation property must consist of a lot, tract or parcel of land with a minimum contiguous acreage of 25 acres.

[2]

The owner of a lot, tract or parcel of land who intends to place a portion of such property meeting the acreage requirements set forth in Subsection F(3)(c)[1] into farmland preservation shall be entitled to subdivide one residential lot from the lot, tract or parcel. The remainder shall be placed in farmland preservation. Use of the subdivided lot shall be limited to a detached single-family dwelling with permitted accessory uses.

[3]

The subdivided residential lot shall meet the following zoning requirements:

	Requirement
Type	Conventional	Flag Lot
Minimum lot area	88,000 sq. ft.	88,000 sq. ft. plus access lane
Minimum lot frontage and width	250 ft.	50 ft. for lane; 250 ft. lot width for portion of lot used as the house site
Minimum lot depth	300 ft.	300 ft. without access lane
Minimum front yard	75 ft.	75 ft. without access lane
Minimum side yard	50 ft.	50 ft.
Minimum rear yard	50 ft.	50 ft.
Maximum building height	35 ft.	35 ft.
Maximum building coverage	10%	10% excluding access lane
Maximum lot coverage	15%	15% excluding access lane

[4]

Accessory buildings and structures. Accessory buildings and structures shall comply with the area, height and setback requirements set forth for accessory buildings and structures in the A-1 Zone.

(4)

For golf courses, see § 102-93.

(5)

(Reserved)[3]

[3]

Editor's Note: Former Subsection F(5), regarding area and yard requirements for facilities for the raising, breeding, experimentation and/or shipping of animals for medical and scientific purposes, was repealed 2-8-2023 by Ord. No. 2023-3.

(6)

For swimming pools and private residential recreation Courts, see §§ 102-101 and 102-108.

(7)

The winery must be located on the same premises as a vineyard. The premises must be at least 30 contiguous acres. The winery shall be subject to the following restrictions:

[Added 12-19-2000]

(a)

All buildings associated with the winery for the selling, processing, fermenting, bottling and/or barreling of juices, wine or brandy shall have a minimum front setback of 200 feet, a minimum side setback of 50 feet, a minimum rear setback of 100 feet and shall not exceed 35 feet in height.

(b)

The sum of all floor areas for the building used in the winery for the winery activities, excluding the retail sales area, shall not exceed a floor area ratio of .035 for the first five acres of the vineyard. All acreage in excess of five acres will permit an additional floor area ratio of .02 per acre.

(c)

The maximum lot coverage for a winery shall not exceed 10%.

Minimum off-street parking (see also § 102-99).

(1)

There shall be three spaces per dwelling unit, except seasonal farm dwellings shall have an adequate off-street parking area.

(2)

(Reserved)[4]

[4]

Editor's Note: Former Subsection G(2), regarding minimum off-street parking for public utility buildings, was repealed 2-8-2023 by Ord. No. 2023-3.

(3)

(Reserved)[5]

[5]

Editor's Note: Former Subsection G(3), regarding minimum off-street parking for veterinarian offices, was repealed 2-8-2023 by Ord. No. 2023-3.

(4)

Horse tracks shall provide and maintain in good condition and free of grass and weeds improved, gravel-surface parking for the maximum number of vehicles normally using the facility.[6]

[6]

Editor's Note: Former Subsection G(5), regarding minimum off-street parking for places of worship, as added 5-25-2005, was repealed 8-11-2021 by Ord. No. 2021-14.

(5)

Parking and/or storage of commercial vehicle(s), truck(s), van(s) or sports utility vehicle(s).

[Added 2-14-2024 by Ord. No. 2024-9]

(a)

A maximum of two motor vehicles with commercial motor vehicle registration and/or bearing commercial license plates and/or passenger vehicle registration bearing passenger license plates insured at a commercial rate shall be parked or stored on any property, except those vehicles engaged in deliveries, construction or similar activity that is in progress at the site in question.

(b)

(c)

All commercial vehicle(s), pickup truck(s), van(s) or sports utility vehicle(s) parked or stored must have a valid registration.

(d)

No commercial vehicle, truck, van, or sports utility vehicle shall be parked or stored in the front yard as defined in § 102-4, "yard, front."

(e)

No commercial vehicle, truck, van, or sports utility vehicle shall be parked or stored in a minimum accessory building side or rear yard setback.

(f)

No commercial vehicle, truck, van, or sports utility vehicle with more than a single rear axle shall be parked or stored on any property.

(g)

(h)

(i)

No commercial vehicle, pickup truck, van, or sports utility vehicle which is in a state of substantial disrepair or derelict may be parked or stored.

(j)

The provisions of this section shall not apply to federal, state, county, municipal, farmer or farm use vehicles.

(k)

For sign requirements, see §§ 102-93, 102-106 and 102-84H.

Recyclable material storage. A condition of approval for all subdivisions shall be that all single-family units constructed on said subdivision shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclable materials (including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen. This requirement shall be stated on the subdivision plat.[7]

[7]

Editor's Note: Former Subsection J, which immediately followed this subsection and which pertained to street and drainage requirements, was repealed 5-25-2005.

§ 102-87 Schedule of limitations: residential and agricultural.

[Amended 4-14-1999; 6-9-1999; 11-10-1999; 12-16-2020 by Ord. No. 2020-21; 6-29-2022 by Ord. No. 2022-8]

Schedule of Limitations: Residential and Agricultural
			District
Type			A-1	A-2	A-3	A-4	A-5	AG	A-7
Minimum lot area, interior (square feet)			88,000	40,000	30,000	§ 102-85	220,000	§ 102-86	40,000
Minimum lot area, corner (square feet)			N/A	N/A	35,000	N/A	N/A	N/A	N/A
Minimum lot frontage			300 ft.¹	200 ft.¹	150 ft.¹	§ 102-85¹	400 ft.	§ 102-86¹	150 feet
Minimum lot width			300 ft.	200 ft.	150 ft.	§ 102-85	400 ft.	§ 102-86	150 feet
Minimum lot depth			200 ft.	175 ft.	150 ft.	§ 102-85	400 ft.	§ 102-86	175 feet
Minimum yards
	Principal buildings (see definitions in § 102-4)
		Front yard	75 ft.¹	75 ft.¹	75 ft.¹	§ 102-85	75 ft.	§ 102-86¹	75 feet
		Side yard (each)	50 ft.¹	40 ft.¹	30 ft.¹	§ 102-85	50 ft.	§ 102-86¹	40 feet
		Rear yard	50 ft.¹	25 ft.¹	15 ft.¹	§ 102-85	50 ft.	§ 102-86¹	40 feet
	Accessory buildings
		Front yard	100 ft.	100 ft.	100 ft.	§ 102-85	100 ft.	§ 102-86	100 feet
		Side yard	50 ft./ 25 ft.⁸[1]	25 ft.	15 ft.	§ 102-85	50 ft.	§ 102-86	40 feet
		Rear yard	50 ft./ 25 ft.⁹[2]	25 ft.	15 ft.	§ 102-85	50 ft.	§ 102-86	40 feet
		To another building	20 ft.	20 ft.	20 ft.	§ 102-85	20 ft.	§ 102-86	20 feet
		For more specific requirements, see § 102-48.
Maximum building coverage
	Principal buildings
		One-story	10%	10%	10%	§ 102-85	10%	§ 102-86	10%
		Two-story	6.6%	6.6%	6.6%	§ 102-85	6.6%	§ 102-86	6.6%
	Accessory buildings		5%	5%	5%	§ 102-85	5%	§ 102-86	5%
Maximum lot coverage (see definitions)			20%	20%	30%	40%	20%	§ 102-86	20%
Maximum building height
	Number of stories		2.5	2.5	2.5	§ 102-85	2.5	§ 102-86	2.5
	Height		35 ft.	35 ft.	35 ft.	§ 102-85	35 ft.	§ 102-86	35 feet

NOTES: General notes applicable to all categories: ^aWhere two or more requirements apply to a situation, the more stringent requirement shall apply.
^bUnless specifically stated otherwise in this chapter, the following may be located in the yard areas required for principal buildings: parking and loading areas with related aisles and driveways; fences and walls not exceeding four feet in height; mailboxes, signs, lampposts, flagpoles, wells, septic systems and similar structures. In addition, the following parts of a principal building may extend into the required yard areas up to a maximum of two feet: chimneys, bay windows, eaves, gutters and downspouts. [Amended 5-25-2005]
^cA minimum of 85% of the minimum required lot area or a minimum of 75,000 square feet, whichever is smaller, in all zones must be free of wetlands and associated buffer areas; floodplains; conservation, open space, drainage and right-of-way easements, landscaping easements, drainage easements, special water resource protection areas, scenic viewshed boundary and similar environmental features or encumbrances which restrict development of the property. [Amended 5-25-2005]
Specific notes applicable where indicated:
¹Lot frontage; building projection. [Amended 12-29-1999]
(a)	The lot frontage in any residential zone may be reduced to not less than 75% of the required frontage on those lots abutting streets on an outside curve having a centerline radius of 500 feet or less, provided that the resulting subdivision conforms to good subdivision design practices. In the A-1, A-2, A-5 and AG Zones, if the length of the principal building, projected on the front lot line for building width projection (said line being defined in § 102-4), exceeds 90 feet, the required front, each side and rear yard setback requirements shall be increased one foot for each foot the building projection exceeds 90 feet. In determining whether the principal building projected on the front line for building width projection exceeds 90 feet, the following process shall be utilized: [Amended 5-25-2005]
	[1]	Extend the minimum side yard setback on each side to intersect the front lot line.
	[2]	Connect the two intersecting points created by Subsection [1] above with a straight line and extend beyond the intersection points, as needed, for Subsection [3] below.
	[3]	Project at a 90º angle to the line created in Subsection [2], a new straight line on each side of the structure and position it so that it touches the outermost portion of the structure.
	[4]	Measure at right angles the distance between the two lines created in Subsection [3] above. This is the length of the principal building projected on the front lot line.
(b)	Figures 1, 2, 3, 4 and 5 are set forth as part of the appendix to Chapter 102 to illustrate this section.[3]
²Applies to accessory structures of 150 square feet or less.

[1]

Editor's Note: Applies to accessory structures of 150 square feet or less

[2]

Editor's Note: Applies to accessory structures of 150 square feet or less

[3]

Editor's Note: Figures 1 through 5 are included at the end of this chapter.

Article IX Design Requirements

§ 102-88 Bikeways.

In all developments subject to § 102-77C or the cluster development provisions of this chapter, the approving authority may, depending on the probable volume of bicycle traffic, the development's location in relation to other populated areas, its location with respect to any overall bike route plans for the Township and county, public safety considerations and overall feasibility and practicality, require paved bikepaths within the seventy-five-foot-wide dedicated land strip along existing streets.

Bikepaths should be 6 1/2 feet wide, shall be constructed in accordance with the requirements for light traffic parking areas covered in these regulations, shall have the same maximum grade requirements as is applicable to the street paralleled and shall be equipped with suitable regulatory signs, and where bikepaths intersect streets, the curbing shall be ramped for bicycle access to the street grade.

§ 102-89 Blocks.

Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the zoning district by the zoning provisions of this chapter and to provide for convenient access, circulation control and safety of street traffic.

In blocks over 1,000 feet long, pedestrian crosswalks between parallel streets may be required in locations deemed necessary by the Planning Board. Such walkway dedications shall be 10 feet wide, shall be straight from street to street and shall contain a hard-surface sidewalk.

Block size shall be sufficient to meet all area and yard requirements for such use.

§ 102-90 Buffers.

[Amended 10-11-2017]

Landscape buffers are required along all lot lines where nonresidential uses or zone boundaries abut residential uses or zone boundaries, except as noted in Subsection E below. Buffer requirements for the A-4 Mixed Housing District are covered in § 102-85. Buffer areas shall comply with the following standards:

The buffer area shall be located on the lot which requires it. The minimum buffer width provided shall be 30 feet.

(1)

The landscape buffer shall be provided on the nonresidential lot, except where an applicant is proposing residential improvements on a lot adjacent to an existing nonresidential use.

(2)

Where an applicant proposes residential improvements on a lot adjacent to an existing nonresidential use, the landscape buffer shall be provided on the residential lot.

Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by the owner or his or her agents.

No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, except for access drives from public streets and directional and safety signs per each direction of traffic per access drive.

The buffer area shall be planted and maintained with grass or ground cover, massed evergreens and deciduous trees and shrubs of such species and size as will produce, within two growing seasons, a screen at least six feet in height and of such density as will obscure, throughout the full course of the year, all of the glare of automobile headlights emitted from the premises. Planting in all required buffer areas shall consist of two staggered rows of evergreen trees spaced 15 feet apart and each row planted 15 feet on center. The buffer shall also be supplemented with groupings of additional plantings at a rate of one tree and two shrubs for every 100 linear feet of buffer area.

(1)

Screen planting shall be maintained permanently by the owner or his or her agents, and any plant material which does not live shall be replaced within six months.

(2)

The screen planting shall be so placed that at maturity it will be not closer than three feet to any street or property line.

(3)

A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets. Private accessways shall maintain a sight triangle by having no planting, grading, dirt or structures higher than 2 1/2 feet above the street center line located within the sight triangle.

(4)

The screen planting shall be broken only at points of vehicular and pedestrian ingress and egress.

(5)

This landscaping is in addition to any other landscaping required in this chapter. Landscaping plans shall be drawn, signed and sealed by a licensed landscape architect and/or engineer.

No screen planting shall be required along streets which form district boundary lines, provided that only the front of any proposed building shall be visible from the adjacent residential districts.

§ 102-91 Cluster development.

[Amended 3-14-2001]

Purpose. The purpose of this section is to provide a method of development of residential land in the A-1 District which will preserve desirable open spaces, conservation areas, floodplains, steep slopes, wetlands and park areas for public purposes by permitting the reduction of lot sizes and certain other regulations, hereinafter stated, without increasing the number of lots in the total area to be subdivided.

Standards. Cluster developments may be applied in accordance with the provisions of this subsection if the Planning Board finds that the proposed development fulfills each the following criteria and is therefore eligible for the cluster development option. The requisite criteria for the cluster development option are as follows:

(1)

The minimum size of a tract or parcel of land proposed for development under the cluster development provisions of this chapter shall be 10 acres.

(2)

The maximum number of residential building lots for each cluster development shall first be computed on the basis of a lot yield plan of a standard subdivision in accordance with all provisions of Chapter 102 and which includes delineated wetlands, wetlands buffers and floodplains. The number of conforming approvable lots in the conventional subdivision design shall then be counted and the development may be redesigned using the cluster development regulations so that the same number of lots is created. If there is any question to the suitability of any lot, and hence the number of lots in the cluster development, the final number of lots will be based on an approved preliminary plat using the standard subdivision design.

(3)

Land area equal to a minimum of 40% of the gross area of the proposed development shall not be included in lots, but shall be either offered to the Township of Colts Neck for conservation, open space, wetland and/or floodplain areas, for public purposes or set aside as common property and maintained by a homeowners' association as set forth in Part 4. Land utilized for street rights-of-way may be included as part of the above 40%. All streets within the development shall be offered to the Township.

(4)

Minimum lot requirements. The minimum lot requirements for a cluster development shall be as follows:

(a)

Lot size: 55,000 square feet.

(b)

Street frontage: 200 feet, except that a minimum frontage of 150 feet may be allowed on lots where 75% or more of the frontage is on an outside curve having a radius of less than 500 feet, provided that the resulting subdivision conforms to good subdivision design practices.

(c)

Lot width: 200 feet; lot depth: 200 feet.

(d)

Main building front yard: 75 feet; accessory building or structure front yard: 100 feet.

[Amended 10-14-2009]

(e)

Main building side yard: 40 feet; accessory building or structure side yard: 40 feet.

(f)

Main building rear yard: 50 feet; accessory building or structure rear yard: 40 feet; however, in those cases where the full length of the rear and/or side lot line is contiguous to a Township-owned greenway of at least 50 feet in depth and no portion of said rear or side line is within a perpendicular distance of 150 feet of a Township street right-of-way, an accessory building or structure may be located within 15 feet of the rear and/or side lot line meeting the aforementioned requirements.

(g)

If a rear or side line setback of less than 40 feet is utilized, suitable landscaping shall be provided to shield the structure from the rear, and side lot lines direction and drainage shall be controlled so as not to cause flooding or erosion of adjacent property. Under these conditions, the minimum required rear and side line setback requirements of Subsection B in § 102-73, Sight triangle, fences and walls, shall be 15 feet. See § 102-73 for additional restrictions.

(5)

Maximum principal building coverage requirements. The maximum principal building coverage requirements for cluster developments are as follows:

[Amended 10-30-2002]

(a)

One-story: 9%.

(b)

Two-story: 6%.

(6)

The lands offered to the Township shall meet the following requirements:

(a)

The minimum size of each parcel so dedicated shall be four acres. This requirement may be waived if the approving authority determines that by doing so, in particular case, the Township's best interest would be served.

(b)

Every parcel of land so dedicated on a subdivision plat of a cluster development shall be titled "greenway" and shall be conveyed to the Township, free of any liens of any nature, at the time final approval is granted by the Township to the final subdivision plat and, each parcel so dedicated shall have the following wording written on the plat "Lands dedicated to the Township of Colts Neck for conservation, open space, wetlands and floodplains under the cluster development provisions of the Chapter 102, Development Regulations, of the Code of the Township of Colts Neck."

(c)

The basic requirement is to have the greenway be contiguous to the rear and, where applicable, side lines of all lots in the cluster subdivision. However, the Board may waive this requirement in part and alternatively require that a maximum of 50% of the lots have rear or applicable side lot lines bounded by a fifty-foot-wide conservation, open space, drainage and utility right-of-way easement or landscaping easement which shall be marked, monumented and landscaped in the same manner as dedicated lands, if the Board finds that it may be impracticable or undesirable to have all lots abut a greenway. The lands subject to such an easement for this specific purpose may be used to fulfill the greenway dedication requirement; however, the fact that more lots can be obtained in a tract is not sufficient justification to allow alternative easement dedication. In these cases, setbacks shall be measured from the easement line and such setbacks shall be shown on the plats.

(d)

To be acceptable, the lands offered for greenways shall preserve substantial mature wooded areas, areas of steep slopes, drainageways, stream beds and banks, ponds and banks, wetlands and floodplains and/or otherwise shall preserve substantial desired natural features, scenic views or areas of conservation or environmental importance, as well as provide buffers between homes, developments and streets. The developer may be required to plant shrubs and trees or make other similar landscaping improvements in order to provide an all-season buffer for adjacent properties and homes to the extent practicable and to qualify open land for acceptance by the Township.

(e)

The greenway dedication shall be subject to acceptance and approval by the Township approving authority. The authority, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Township of Colts Neck and the following criteria:

[1]

All greenway dedications shall be immediately adjacent to existing greenway lots or public lands owned by the federal, state, county or local government; or be immediately adjacent to underdeveloped properties that could be further subdivided pursuant to the cluster option and would interconnect the greenway lots.

[2]

Greenway dedications should include areas of steep slopes, freshwater wetlands, mature woodlands, floodplains or other natural feature, such as scenic views.

[3]

All greenway dedications shall not result in a narrow band of land, less than 50 feet in width, which will have limited utility for screening the development, preserving natural features, and serving as open space or wildlife corridors.

[4]

The Board may require the greenway dedications to interconnect existing developments with pedestrian, bicycle or equestrian trails.

(f)

The proposed roads within the cluster development shall not interconnect with existing or proposed roads in a manner forming continuous or through roads.

(g)

The proposed roads within the cluster development shall be designed to discourage any high-speed traffic, shall have the exclusive function of providing access to properties abutting the road and shall follow the contours of the land to the greatest extent possible.

(h)

The lands so dedicated shall be monumented at all intersections with existing and proposed street lines in the same manner as required by the Map Filing Law (N.J.S.A. 46:23-9.12, as amended). Intersection with all side and rear lot lines and at all major deflection points shall be marked with greenway-type monuments consisting of concrete posts or equivalent, as approved by the Planning Board, which are a minimum of five inches square or four inches in diameter, are set a minimum of four feet into the ground and extend above the ground a minimum of four feet and are green in color. Such monuments shall be at a maximum spacing of 600 feet. In addition, all greenway lot line boundaries shall be fenced with a wood, two-rail fence or equivalent as approved by the approving authority. Also, supplemental markers shall be installed along all greenway and aforementioned easement lines internal to the development where construction, grading or construction traffic may encroach on such areas. All of the above are to be installed prior to the issuance of any construction permits or the start of any site preparation, construction or landscaping work and are to be maintained until the maintenance bond is released.

(7)

All other provisions of this chapter which are applicable to lands in the A-1 District and which have not been specifically modified in this subsection shall also apply to lands developed under this section. This includes, but is not limited to, all of those standards set forth is § 102-87, Schedule of limitations and requirements applicable to each zone, along with the notes to that schedule contained therein.

§ 102-92 Farm stands.

[Amended 11-10-1999; 12-13-2006; 7-9-2008; 3-13-2019]

Location. Farm stands must be located on a qualified owner's or operator's commercial farm which is under active, continuous farming operation and upon which 51% or more of the marketed products are raised, and the farm must meet the requirements of the Farmland Assessment Act of 1964, as amended and/or as modified herein.[1] Permitted products from other qualified farms in Colts Neck may be sold at a stand on another qualified farm, both of which are owned or operated by the same farm stand operator.

[1]

Editor's Note: See N.J.S.A. 54:4-23.1 et seq.

Site requirements.

(1)

One permanent farm stand and temporary farm stand structures per farm are permitted. The minimum farm lot area shall be five acres.

(2)

Farm stand (permanent and temporary) front setback shall be 75 feet minimum, and side and rear setbacks shall be 50 feet minimum. Parking areas: front setback shall be 30 feet minimum; side and rear setbacks shall be 50 feet minimum.

(3)

Adequate on-site parking space shall be provided to handle a maximum customer load. No parking or standing on the street or street shoulder shall be permitted.

(4)

The permanent farm stand structure shall be limited to one story and a maximum floor area of 1,200 square feet. If the farm stand is located in a larger structure such as a barn, the 1,200-square-foot limitation applies to the farm stand sales area and no other storage or working areas of the structure.

(5)

Temporary farm stand structures (tent or canopy) shall be limited to a cumulative maximum ground cover of 1,600 square feet and can be erected for a maximum of nine months per year.

Operation interval. A farm stand permit shall cover a maximum interval of 12 months per calendar year or the marketing season for the product involved, whichever is shorter. Upon expiration of the permit, the temporary structures shall be removed from the site or located so as not to be readily visible from streets. All signs shall be removed during off-season periods.

Signs and traffic control.

(1)

A maximum of 64 square feet of nonilluminated, cumulative sign area is permitted through up to a maximum of 10 signs. Both sides of double sided signs shall be calculated in the total sign area. Sign(s) shall have a minimum front setback of 10 feet, a minimum side setback of 25 feet and a maximum height of 10 feet. The front setback may be reduced if required to give reasonable public sight distance, if public safety is not unduly impaired, as determined by the Director of Public Safety. Other sign requirements of § 102-106 apply.

[Amended 10-14-2020 by Ord. No. 2020-18]

(2)

Traffic directional signs at the entrance/exit may be provided in addition to the sign in Subsection D(1) above.

(3)

No trucks, trailers, wagons or similar structures displaying advertising shall be parked within 100 feet of the front lot line, except during active loading/unloading operations.

(4)

Seasonal decorations are permitted per § 102-106C.

(5)

People in costumes located and utilized so as to attract passing vehicles on streets are considered animated signs and are not permitted.

(6)

If determined to be needed for public safety by the Director of Public Safety, the applicant shall provide personnel to control and direct traffic.

(7)

Hayrack rides pulled by farm tractors or farm animals may be operated on the farm covered by the farm stand permit, provided that only nominal fees may be charged and the rides are related to the marketed products at the farm stand. The nominal fees charged, if any, shall not be utilized as a means for profit but shall be specifically related to the actual cost of operating the rides or a smaller percentage thereof. Haunted rides and/or rides later than 1/2 hour after sundown are prohibited. The location of the loading/unloading ride area and the path of the ride shall be a minimum of 100 feet from the street line. The objective is to minimize distractions to passing vehicle drivers. This requirement and setback requirement may be reduced if required due to special physical conditions in the immediate area and if the Director of Public Safety determines that public safety is not unduly impaired.

(8)

Only one clearly defined and marked thirty-foot-wide combined entrance/exit, as measured at the street line, shall be allowed on each farm stand street frontage.

Farm stand permit.

(1)

The Zoning Officer, after conferring with the Director of Public Safety, the Township Planner and the Construction Official, may issue such a permit. Permits shall be issued or denied within 15 days of receipt of application, unless a time extension is granted by the applicant.

(2)

The application shall be completed in full, and a fee shall be paid. Required supporting information shall include a plot plan of the farm stand location, showing lot and block number; certification that the location is on a qualified commercial farm and that the applicant is the owner or operator of the farm and will be the operator of the farm stand; the location of parking and entrances/exits, including means for physically and clearly defining the parking area, entrances/exits and aisles; a description of the farm stand structure; the number, sizes and locations of signs; the locations of entrances and exits; entrance/exit permits for county road opening; a description and route of any hayrides or similar use to be provided; a description of the source of the product(s) to be sold and the market interval; and traffic and parking control measures to be provided. As applicable, the above information shall be shown on a dimensioned sketch, drawn to scale. Moreover, the applicant is responsible for determining if a permit is required for New Jersey state roads. Based on initial submission, additional information may be required.

(3)

The application shall include a copy of a valid mercantile license for the subject year.

§ 102-93 Golf courses.

[Amended 11-10-1999; 9-14-2005; 6-28-2006]

Purpose. The purpose of this section is to provide standards and requirements for golf course development in the A-1 and AG Zones. Where the standards and requirements stated in this section differ from those elsewhere in this chapter, this section shall control as applied to the specific areas of difference. All golf courses shall obtain major site plan approval.

Golf course, Type A, large complex.

(1)

The minimum lot area shall be 200 contiguous acres.

(2)

Traffic access. Direct access to an arterial road as defined in the Colts Neck Master Plan is required. This requirement may be waived in those cases where the golf course traffic would travel equal to or less than 500 feet on a lower classification of road to reach an arterial road, where no dwelling units front on this nonarterial road section and where the approving authority finds that safe and adequate traffic access to the nonarterial and arterial roads are provided.

(3)

Accessory uses. The following shall be permitted as accessory uses:

(a)

A maximum of three full size tennis courts.

(b)

One 3,250 square feet maximum water surface swimming pool and one 325 square feet maximum water surface wading pool.

(c)

One clubhouse, with a restaurant and lounge having a maximum seating of 300 seats and a maximum restaurant/lounge area open to patrons playing golf at the course on that day and their accompanying guests and members having green fee privileges and their accompanying guests, of 5,000 square feet. The aforementioned gross floor area includes exterior dinning areas such as patios and balconies having seats. The restaurant facility shall be utilized exclusively by patrons playing golf at the course on that day and their accompanying guests, members having full green fee privileges and their accompanying guests or for golf club functions such as golf outings, member family weddings, private member family parties, golf club holiday parties and golf club dances.

(d)

A snack bar having a maximum area of 500 square feet open to patrons playing golf at the course, members having green fee privileges and their guests.

(e)

Offices for use in conducting business associated with the operation of the golf course, locker rooms, rest rooms, shower rooms, golf training/instructional rooms and a pro shop with a maximum of 1,500 square feet of sales area.

[Amended 9-9-2009]

(f)

Maintenance and golf cart storage facilities.

(g)

Gate houses.

(h)

One midcourse refreshment stand with a maximum gross floor area of 300 square feet.

(i)

Practice greens, bunkers, chipping areas and driving ranges which are an integral part of the golf course, open only to persons playing the eighteen-hole course, members and guests accompanying members.

(j)

No temporary structures, such as tents, are permitted, unless approved under a special use permit.

(k)

One driving range building having a maximum gross floor area of 150 square feet.

(l)

A maximum of two starter buildings having a maximum gross floor area of 50 square feet each.

(4)

Parking.

(a)

All patrons' of the golf course, members' and their guests' and/or employees' vehicles must be parked in approved, designated, paved parking spaces, unless otherwise stated herein. Applicants shall grant the Colts Neck Township Police the right to enter the premises and enforce these parking requirements. Off-street parking requirements for the golf course and employees shall be as follows:

[1]

Golf course: 170 spaces minimum, 215 maximum; plus

[2]

Each tennis court: seven spaces minimum, nine spaces maximum; plus

[3]

Pool complex: 17 spaces minimum, 21 spaces maximum; plus

[4]

Restaurant, lounge and snack bar: 0.15 space per seat minimum, 0.20 space per seat maximum.

(b)

If maximum parking is not provided, plans shall show a reserved location and layout for future expansion to provide the maximum parking allowed.

(5)

Lighting and landscaped buffers.

(a)

In addition to other landscaping requirements, grading, berms, placement of structures and landscaping shall be used to eliminate or at least minimize the visibility of lighting structures and parking areas from, and noise into, adjacent residential areas and streets, consistent with good design practices.

(b)

In addition to other lighting requirements, lighting in and around the pool shall be limited to underwater pool lights with adjacent patio lights, using typical residential lampposts a maximum of eight feet high, with all light focused downward (i.e., no emitted light upward).

(c)

Outdoor restaurant patio lighting shall be limited to table lights or residential-type floor lamps with shades or light shields, with all light focused downward.

(d)

Golf courses and tennis courts, practice greens, bunkers, chipping areas and driving ranges and other outdoor accessory uses shall not be lighted.

(6)

Minimum setbacks of golf course buildings and parking.

Type		Front Yard (feet)	Side Yard (feet)	Rear Yard (feet)
From perimeter of tract
	Golf course buildings	600	600	600
	Parking areas	400	400	400
From internal lot lines for dwellings that are part of the golf course development
	Golf course buildings	300	300	300
	Parking areas	150	150	150

(7)

Signs. Each golf course may have one double-sided or two single-sided signs located at the entrance drive, with a maximum total sign area of 50 square feet, with a maximum height of six feet and located a minimum of 100 feet from side lot lines. Signs may be part of entranceway structure having a maximum height of six feet. Signs may be externally illuminated until 10:00 p.m. in accordance with the requirements of § 102-123. Upon receipt of a special permit or approval from the Zoning Officer, signs may be illuminated until 12:00 midnight.

[Amended 7-9-2008]

(8)

Non-golf-related special events.

[Amended 9-9-2009]

(a)

Notwithstanding § 102-93B(3)(c) above, an operating eighteen-hole golf course may host a maximum of 25 times per year a non-golf-related special event. For the purpose of this section, a non-golf-related special event shall include, but not limited to, charity fund-raisers, banquet/lunches, business meetings or a member-sponsored event that does not meet the immediate family requirement of § 102-93B(3)(c). Conference centers or public restaurants are specifically prohibited as a non-golf-related special event

[Amended 9-29-2010]

(b)

Whether the event is held indoor or outdoors, there shall be no light, glare, noise, odor or vibrations at the property lines.

(c)

At the discretion of the Township Administrator, the golf course may be required to provide qualified traffic control personnel to control traffic and parking and assure that pedestrian and vehicle circulation are handled in a safe and efficient manner.

(d)

At a minimum of 14 days prior to hosting a non-golf-related special event, the golf course shall file a notice of the event with the Township Administrator. The notice shall disclose the date, time, place, duration, description of the event as well as the names, addresses and contact information of the event organizers.

(9)

Hours of operation. The golf course and permitted accessory uses may operate from 6:00 a.m. to 2:30 a.m. No patrons of the golf course, visitors, members and/or guests shall be permitted on the premises from 12:30 a.m. to 6:00 a.m.; employees may be on premises at any time. Swimming pool use shall be limited to daylight hours. Exception: on New Year's Eve the golf course and permitted accessory uses may operate from 6:00 a.m. to 2:00 a.m.

[Amended 9-9-2009]

Golf course, Type B, limited complex.

(1)

The minimum lot area shall be 130 contiguous acres.

(2)

Traffic access. Direct access to a primary collector or higher road classification as defined in the Colts Neck Master Plan is required.

(3)

Accessory uses. The following shall be permitted as accessory uses:

(a)

One clubhouse with a restaurant and lounge having a maximum seating of 185 seats and a maximum restaurant and lounge area open to patrons playing golf at the course on that day and their accompanying guests, and members having green fee privileges and their accompanying guests of 3,000 square feet. The aforementioned gross floor area includes exterior dining areas such as patios and balconies having seats. The restaurant facility shall be utilized exclusively by patrons playing golf at the course on that day and their accompanying guests, members having green fee privileges and their accompanying guests or for golf club functions such as golf outings, member family weddings, private member family parties, golf club holiday parties and golf club dances.

(b)

One snack bar open to patrons playing golf at the course, members having green fee privileges and their guests, having a maximum floor area of 400 square feet.

(c)

Offices for use in conducting business associated with the operations of the golf course, locker rooms, rest rooms, shower rooms, golf training and instructional rooms.

(d)

One pro shop having a maximum of 1,500 square feet of sales area, either located as part of the clubhouse or as an accessory building near the first tee.

[Amended 9-9-2009]

(e)

One midcourse refreshment stand, having a maximum gross floor area of 300 square feet.

(f)

Maintenance and golf cart storage facilities.

(g)

A maximum of two starter buildings having a maximum gross floor area of 50 square feet each.

(h)

Practice greens, bunkers and practice ranges which are an integral part of the course, open only to persons playing the eighteen-hole golf course, members and guests accompanying members.

(4)

Parking.

(a)

All patrons of the golf course, members and their guests and/or employee vehicles shall be parked in approved, designated, paved parking spaces, unless otherwise stated herein. Applicants shall grant the Colts Neck Township Police the right to enter the premises and enforce these parking requirements. Off-street parking requirements shall be as follows:

[1]

Golf course and accessory uses: 170 spaces minimum, 215 spaces maximum.

[2]

Restaurant, lounge and snack bar: 0.15 space per seat minimum, 0.20 space per seat maximum.

(b)

If maximum parking is not provided, plans shall show a reserved location and layout for future expansion to provide the maximum parking allowed.

(5)

Lighting and landscaped buffers. In addition to other landscaping and lighting requirements, grading, berms, placement of structures and landscaping shall be used to eliminate or at least minimize the visibility of lighting, structures and parking areas from, and noise into, adjacent residential areas and streets consistent with good design practices. Golf courses and practice greens, bunkers, chipping areas and driving ranges and outdoor accessory uses shall not be lighted.

(6)

Minimum setbacks of golf course buildings and parking.

Type		Front Yard (feet)	Side Yard (feet)	Rear Yard (feet)
From perimeter of tract
	Golf course buildings	600	600	600
	Parking areas	400	400	400
From internal lot lines for dwellings that are part of the golf course development
	Golf course buildings	300	300	300
	Parking areas	150	150	150

(7)

Signs. Each golf course may have one double-sided or two single-sided externally illuminated signs located at the entrance drive, with a maximum total sign area of 50 square feet, with a maximum height of six feet and located a minimum of 100 feet from side lot lines. Signs may be part of an entranceway structure having a maximum height of six feet.

[Amended 7-9-2008]

(8)

Hours of operation. The golf course and permitted accessory uses may operate from 6:00 a.m. to 11:00 p.m. No patrons of the golf course, visitors, members and/or guests shall be permitted on the premises from 11:00 p.m. to 6:00 a.m.; employees may be on premises at any time. Exception: on New Year's Eve the golf course and permitted accessory uses may operate from 6:00 a.m. to 2:00 a.m.

(9)

Non-golf-related special events.

[Added 9-9-2009]

(a)

Notwithstanding § 102-93C(3)(a) above, an operating eighteen-hole golf course may host a maximum of 25 times per year a non-golf-related special event. For the purpose of this section, a non-golf-related special event shall include, but is not limited to, charity fund-raisers, banquet/luncheons, business meetings or a member-sponsored event that does not meet the immediate family requirement of § 102-93C(3)(a). Conference centers or public restaurants are specifically prohibited as a non-golf-related special event.

[Amended 9-29-2010]

(b)

Whether the event is held indoor or outdoors, there shall be no light, glare, noise, odor or vibrations at the property lines.

(c)

(d)

Golf courses, Types A and B, design standards.

(1)

The plans for a golf course must be prepared and certified by a member of the American Society of Golf Course Architects. The width of each hole (fairway, rough and hazards) shall be a minimum of 100 yards. No minimum width of one hole shall overlap another. All holes running along the perimeter of the golf course must have their center line a minimum of 100 yards from the edge of the golf course property. The width and center-line standard may be waived by the approving authority if it finds that each fairway has sufficient plantings, berms or angle of play to protect adjacent property owners, drivers on adjacent roads and other players from errant golf balls.

(2)

Where a green is located near a road or adjacent lot and players are hitting toward the road or adjacent lot when approaching the green, the closest part of the green shall be at least 30 yards from the road or lot line, and this space must be landscaped with a double row of evergreens or sand bunkers or similar material to block errant shots.

(3)

Golfers shall not be required to cross public roads to reach any part of the golf course.

(4)

The golf course grading shall be consistent with a stormwater management plan designed to result in all stormwater being collected and retained on site where the ponds can provide stormwater management, flood control, water supply for irrigation purposes to reduce demands on off-tract ground and surface water supplies, aesthetic appearances and/or water hazards for golfers. This shall include off-site drainage arriving at the golf course and any associated residential development and drainage originating from any associated residential development.

(5)

The application shall provide a water resource monitoring program, designed to minimize the use of off-tract surface water and groundwater resources while maximizing the use of stormwater retained on site. This plan shall provide for ground and surface water quality monitoring for nutrients, pesticides and other parameters to be determined by the approving authority.

(6)

The applicant shall provide a turf management plan which is consistent with the grading and landscaping plans and shall discuss and define the use of drought-tolerant turf and landscaping material, the area to be irrigated, the required capacity of the irrigation system and the need for any water diversion permits. This plan shall also provide a proposed integrated pest management and turf management plan which defines the nature and use of the pesticides and other chemicals and fertilizers involved.

(7)

All plans shall be integrated and coordinated in an effort to absorb and filter fertilizers, pesticides, herbicides and other nonpoint source pollutants to minimize contamination of streams and groundwater supplies. The course shall be required to have a golf course superintendent, certified by the Golf Course Superintendents Association of America, on staff and an ongoing site management program to monitor water use and weather conditions in conjunction with the application of fertilizer, pesticides and herbicides in order to adhere to the turf management plan and the water resources monitoring program. These plans must be part of a required environmental impact report (EIR) provided as part of the preliminary major site plan application. The EIR must include provisions for monitoring and reporting off-site water usage and the usage of fertilizer, pesticides, herbicides, and fungicides. The monitoring and reporting data shall be submitted to the Zoning Officer on a quarterly basis and shall be referred to the Board of Health and Environmental Commission for review and recommendations.

§ 102-94 Design standards in stream corridors. [1]

[Added 12-29-1999]

Except as otherwise provided by federal or state law, or any regulations promulgatad pursuant thereto, the following buffering standards shall apply when any stream corridor shall be found to be part of a potable water supply watershed, a trout production watershed or a trout maintenance watershed on any site proposed for development:

The allowable limit of disturbance shall be 50 feet back from the transition point (as defined below) between the stream corridor and the adjacent upland portion of the site.

The "transition point" shall be defined as one of the following:

(1)

The point at which a persistent grade of 5% or less shall replace a grade of 10% or more; or

(2)

The point at which upland climax vegetation (i.e., oak, beech, hickory, chestnut) breaks with those species typically having either hydric (red maple, sweetgum, sourgum) associations or those typically found on steeper slopes (tulip, green ash); or

(3)

The point at which prime agricultural soils, as designated by the Natural Resources Conservation Service in the volume "Soil Survey of Monmouth County," begin.

(4)

Where none of the three standards cited above are present, the stream corridor shall have a buffer of 150 feet.

(5)

This standard shall apply to stream corridors, ponds, lakes and reservoirs, as defined by New Jersey Department of Environmental Protection Regulations.

[1]

Editor's Note: Former § 102-94, Private helistops, was repealed 9-29-1999.

§ 102-95 Homeowners' association.

A homeowners' association may be established for the purposes of owning and assuming maintenance responsibility for the common open space and common property designed within a development as denoted on the recorded plat and in the master deed and as previously approved by the approving authority, provided that the approving authority is satisfied that the association will have a sufficient number of members, is so organized and has adequate financial guaranties to reasonably expect a perpetuation of the association in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. In furtherance of this goal, at the time final approval of the development application by the approving authority is sought, the applicant shall submit to the approving authority for review by the Township Committee a copy of the proposed master deed (prior to recording) and proposed first year's budget of the association, setting forth the income and expense statements as to the maintenance of the common open space and common property by the association, for review and approval to assure that a workable mechanism exists to reasonably assure proper maintenance of these areas by the association. The proposed master deed shall contain a provision that permits the Township to enforce against the association and any of its members the requirement to maintain and finance the maintenance of the common open space and common property. If the association is established, the recorded master deed shall incorporate the following provisions, which shall also be set forth in at least the association's bylaws, to further the goals of this section.

Membership by all property owners and other owners of interest in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing, between the association and each member, in the form of a covenant, with each agreeing to liability for his or her pro rata share of the association's costs and liabilities.

Private internal streets to a development that restrict, discourage, or limit by guards, gatehouses, gates, signs or any other means are not permitted. Private roads which do not restrict, discourage or limit public access may be permitted and owned by the association, in the A-4 and A-6 Zones only, if constructed in accordance with the Township design standards. The Township shall provide for removal of snow, ice and other obstructions, collection of leaves and brush and collection of recyclable materials and sweep streets on permitted unrestricted private streets in the same manner and to the same degree as it provides for dedicated streets subject to the provisions of the Condominium Service Law, N.J.S.A. 40:67-23.2 et seq., but under no circumstances will on-street or off-street parking areas, as denoted on the recorded plat, be serviced or maintained by the Township. Such streets shall be clearly identified on the recorded plat as "Private with no access restrictions" and shall clearly state the maintenance and/or services to be provided by the Township. Nothing contained herein shall exempt the Township from providing police, fire and first-aid services along and on the private nonrestricted access streets. The association shall be responsible for liability insurance covering the Township and shall hold the Township harmless from any liability associated with Township activities on these private streets. The organization shall not be dissolved and shall not dispose of any open space or common property by sale or otherwise without first offering to dedicate the same at no cost to the municipality.

[Amended 5-25-2005]

The assessment levied by the association upon each member may become a lien on each member's property. The association shall be allowed to adjust the assessment to meet changing needs.

The association shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, master deed and individual deeds and articles of incorporation of the organization and the conditions under which every tenant and property owner shall have the right to use all common properties. These documents shall be provided as part of the application for final subdivision or site plan approval, shall be approved by the approving authority and shall be made a condition of final approval.

The articles of incorporation, covenants, bylaws, master deed and individual deeds and other legal instruments shall ensure that control of the association shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event that such association shall fail to maintain the open space or common property in reasonable order and condition, the municipality may serve written notice upon such association or upon the owners of the development, setting forth the manner in which the association has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated municipal body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or if immediate action is needed to prevent a nuisance or other threat to public safety or welfare developing before a hearing can be scheduled as provided for hereinabove, the municipality, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property, except when the same has been voluntarily dedicated to and accepted by the municipality by the owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the association theretofore responsible for the maintenance of the common open space and common property, call a public hearing, upon 15 days' written notice to such association and to the owners of the development, to be held by the municipality, at which hearing such association and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the municipality shall determine that such association is ready and able to maintain said open space and property in a reasonable condition, the municipality shall cease to maintain said open space and property at the end of said year. If the municipality shall determine that such association is not ready and able to maintain said open space and property in a reasonable condition, the municipality may, it its discretion, continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the municipality in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with the assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereof and enforced and collected with interest by the same officers and in the same manner as other taxes. This remedy shall be in addition to the right of the Township to bring an action to enforce the maintenance and finance of maintenance of the common open space and common property as provided for hereinabove.

§ 102-96 Lots.

Lot dimensions and area shall not be less than the requirements of the zoning provisions of this chapter.

Insofar as is practical, side lot lines shall not deviate more than 10º from either the right angle of a straight street or the radial of a curved street.

Each lot must front upon an approved public street having a right-of-way at least 50 feet in width.

Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street right-of-way line, and all setbacks shall be measured from such line. Where extra width has not been dedicated for street widening purposes and the additional width is required to meet this chapter, the adopted Township Master Plan, county design standards or the adopted Route 34, Colts Neck, Highway Access Management Plan, said future right-of-way shall be shown on the subdivision or site plan as "reserved for future road purposes," even though not dedicated, and such future right-of-way line shall be used for measuring all lot area and setback requirements.

[Amended 8-13-1997]

Where there is a question as to the suitability of a lot or lots for their intended use, due to factors such as poor drainage conditions, inadequate buildable area, adverse topographical conditions, wetlands or flood conditions, where permeability and/or similar tests or test borings show the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots. If approval is withheld, the approving authority shall give reasons and nature of the investigation made, notify the applicant and enter the same in the minutes.

Corner lots. Structures located on a corner lot shall be set back from both streets the required front yard distance, but in no case less than that required for a clear sight triangle. The following methodology shall be used to determine side and rear setback lines for corner lots:

[Amended 5-25-2005]

(1)

Lot lines of corner lots that are coexistent with side lines of abutting lots shall be considered side lines.

(2)

Lot lines of corner lots that are coexistent with rear lines of abutting lots shall be considered rear lines.

(3)

Lot lines of corner lots that are coexistent with lot lines of adjoining corner lots shall be considered side lines.

(Reserved)[1]

[1]

Editor's Note: Former Subsection G, Interior residential lots; flag lots, was repealed 8-10-2022 by Ord. No. 2022-12.

Contiguous undersized lots under one ownership are considered one lot.

§ 102-97 Lower-income housing for The Grande at Colts Neck.

[Amended 10-8-1997]

Purpose. The purpose of these provisions is to provide opportunities for lower-income housing in the A-4 District in order to fulfill the Township's responsibility up to its fair share of the region's lower-income housing need and up to the additional number of market-level units required to provide the financial assistance to provide the lower-income units. The application of the higher densities and the development of additional dwelling units in excess of this obligation are not intended.

Required participation.

(1)

Any developer of any land in the A-4 District shall have the responsibility to provide at least 20% of the units in the development for lower-income households as a means of participating in the Township's efforts to provide its fair share of lower-income housing. However, each such A-4 tract in existence as of October 1, 1984, may have no more than two lots, with a maximum area of 10% of the total tract, subdivided off the original tract without the production of lower-income housing, provided that the lower-income housing obligation of those lots is added to the obligation of the remainder of the tract. Subdivision and site plan approval of properties in the A-4 District shall be denied unless the developer complies with the obligation to provide lower-income housing pursuant to this section, and the approving authority may impose reasonable conditions to secure such undertaking.

(2)

In order to prevent the bonus densities from inflating land costs that might be passed on to a third party and hereby jeopardizing the number of lower-income units that might be built, when the intent of the bonuses is to subsidize the development of lower-income housing, no application for development in the A-4 District shall be approved unless the approving authority resolution granting approval contains a condition that the requirements for low- and/or moderate-income housing units shall be binding upon the applicant and all heirs, successors and assigns.

(3)

Each unit constructed as a lower-income unit shall be either sold or rented at prices qualifying the units as affordable to lower-income households in accordance with the most recent family income limits adopted by the New Jersey Council of Affordable Housing for the Township's housing region. Each such unit shall be limited to occupancy by households by virtue of their corresponding low and moderate income.

(a)

Eligibility standards for housing units. One half of all lower-income units shall be priced so as to be eligible for rent or purchase by low-income households earning between a floor of 40% and a ceiling of 50% of the median family income, and 1/2 of all lower-income units shall be priced to be eligible for rent or purchase by moderate-income households earning between a floor of 50% and a ceiling of 80% of the median family income. Such housing units shall be priced to be affordable to households representing an evenly distributed cross section of households within the above-stated income ranges.

(b)

Unit distribution by size. A minimum of 15% of the lower-income units shall be three-bedroom units and a minimum of 35% shall be two-bedroom units. The remaining 50% may be sized at the developer's discretion. These distribution requirements are not applicable to lower-income housing which is restricted to occupancy by persons age 62 and over.

(c)

Unit size, household size and affordability. Units shall be affordable to the following household sizes:

	Type	Size of Household
	Efficiency units	1 person household
	1 bedroom unit	2 person household
	2 bedroom unit	3 person household
	3 bedroom unit	5 person household
	4 bedroom unit	7 person household

(4)

Where the lower-income units are constructed as part of a housing development containing both market-level and lower-income units, certificates of occupancy for the low- and moderate-income units shall be phased in as a development progresses as outlined below so that the low- and moderate-income units are built and occupied proportionately with the market-value units of the development.

	Percent of Market-Rate Units Issued Certificates of Occupancy	Minimum Percent of Low- and Moderate-Income Units Issued Certificates of Occupancy
	Up to 15%	0%
	15% plus 1 to 25%	10%
	25% plus 1 to 50%	40%
	50% plus 1 to 75%	70%
	75% plus 1 to 90%	100%
	90% plus 1 to 100%	NA

Density bonuses. In order to achieve the requirements for lower-income housing, density bonuses are included in the appropriate zoning district requirements.

Monitoring costs of lower-income housing

(1)

Each development project containing lower-income housing shall include in its development application assurance that purchasers and renters of lower-income housing shall qualify by income for the particular category of housing, whether low- or moderate-income, as the case may be, and that subsequent purchasers or renters shall also so qualify by income, adjusted for the date of any such subsequent transactions. The subdivision and/or site plan of property in the A-4 District shall not be approved unless the development complies with the requirements to provide lower-income housing.

(2)

The period for control of the income category of the purchaser or renter, along with standards governing annual indexed increases, procedures for resale, eligible capital improvements and the impact of foreclosure or resale shall be in accordance with regulation set forth by the Council on Affordable Housing. After the period of affordability expires, the units may be sold to any purchaser without price controls, provided that in the case of the first sale after the expiration of the controls, 50% of the difference between the sales price or the fair market value of the unit, whichever is greater, and the restricted sales price which could have been obtained by a qualified purchaser in the month before the resale controls ended shall be paid to the Township, to be used for any legitimate purpose that assists in rehabilitating, maintaining, erecting or meeting some other legitimate housing program for low- and moderate-income households.

(3)

No lower-income housing unit may, during the period of control specified in Subsection D(2) hereof, be occupied unless a certificate of occupancy is issued. No certificate of occupancy shall be issued unless the unit is covered by a deed or lease restriction, as the case may be, as required by Subsection D(5), and the Office of the Township Administrator has determined that the proposed occupant qualifies by gross household income with the lower-income criteria fixed by this chapter and the Council on Affordable Housing.

(4)

In addition to complying with the eligibility standards for housing units and the required unit distribution by size as set forth in § 102-97B(3) above, the maximum monthly cost of a lower-income sale housing unit to the occupant shall not exceed the percentage of the eligible gross monthly income of the household, as currently established by the Council on Affordable Housing, for principal, interest, taxes, condominium fees and insurance. The monthly cost of a lower-income rental unit shall not exceed the percentage of the eligible gross monthly income of the household as currently established by the Council on Affordable Housing for rent excluding utilities.

(5)

Upon the initial sale or lease of any lower-income unit, the deed or lease shall contain a covenant, running to the Township of Colts Neck, that the unit shall not, for the period of affordability controls, be conveyed or leased or be permitted to be occupied by any household not qualified by income or, at a price or rental in excess of that specified by this chapter, adjusted for the date of the transaction as provided in the regulation of the Council on Affordable Housing or not in full conformance with all requirements of this section.

(6)

The Office of the Township Administrator shall have responsibility for enforcing the income, sales and rent limits for lower-income housing fixed by this chapter. All applications for lower-income housing shall be submitted to the Office of the Township Administrator for approval of income, sales, resales, rents, re-rents and subletting limits for the unit, as adjusted in accordance with Subsection D(5) above and for meeting all requirements of this section.

(7)

Failure of a developer to comply with any of the requirements of this section shall be cause for denial of certificates of occupancy to market-level units in the development for which such certificates have not already been granted.

(8)

Rents may be increased annually based on the percentage of increase in median income for the Township’s housing region as determined by the Council on Affordable Housing.

Bulk and design requirements.

(1)

The total number and size of units and the portion of lower-income units in a project shall be based on the density and design requirements of the A-4 District.

(2)

The lower-income dwelling units shall be designated on the preliminary site plan, shall have compatible exteriors to the market units and shall be located so that they have comparable access to that of the market units to all common open space and all other community facilities within the development.

Subsidies. Government subsidies may be used at the discretion of the applicant and are encouraged. The Township shall cooperate in obtaining such subsidies by making application for assistance either in consent with or on behalf of a private developer, if requested to do so, and by providing a resolution of need and authorization of tax abatement, where required, to facilitate obtaining such subsidies. The lack of said subsidies shall no way alter or diminish the lower-income housing requirements of this chapter.

Rental housing and down payment assistance.

(1)

At least 25% of the required number of low- and moderate-income units shall be rental units for the period of affordability control. The developer shall ensure that 50% of said rental units shall be provided for low-income households and 50% for moderate-income households. Moreover, the bedroom mix of the low- and moderate-income rental units shall be substantially the same as that of the entire complement of lower-income housing in the development.

(2)

Upon proofs submitted by the applicant that low- and moderate-income housing units are more likely to be produced by the waiver of the rental requirement set forth above, the approving authority shall permit the applicant to provide only sale units; provided, however, that the applicant shall make available a sum of money to serve as a fund to assist low-income households in the purchase of a dwelling unit within the development. The sum of money to be made available by the applicant to the Township shall be equivalent to the required down payment for the available mortgage financing, at time of closing, for 50% of all the low-income units in the development.

§ 102-97.1 Affordable housing obligation; general program purposes; procedures.

[Added 6-9-2004; amended 12-16-2020 by Ord. No. 2020-19]

This section of the Township Code sets forth regulations regarding the low- and moderate-income housing units in the Township consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing", N.J.A.C. 5:93 et seq., the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., except where modified by the requirements for very-low-income housing as established in P.L. 2008, c.46 (the "Roberts Bill," codified at N.J.S.A. 52:27D-329.1) as reflected in the terms of a Settlement Agreement between the Township and Fair Share Housing Center ("FSHC") such that the statutory requirement to provide very-low-income units equal to 13% of affordable units approved and constructed after July 17, 2008, to be affordable to households at 30% of the regional median income, overrides the UHAC requirement that 10% of all low- and moderate-income units must be affordable at 35% of the regional median income, and the Township's constitutional obligation to provide a fair share of affordable housing for low- and moderate-income households.

This ordinance[1] is intended to assure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low- and moderate-income households shall occupy these units. This ordinance shall apply to all inclusionary developments and 100% affordable developments (including those funded with low-income housing tax credit financing) except where inconsistent with applicable law.

[1]

Editor's Note: See §§ 102-97.1 through 102-97.7.

The Colts Neck Township Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Plan has also been endorsed by the Mayor and Council of the Township of Colts Neck. The Fair Share Plan describes the ways the Township shall address its fair share for low- and moderate-income housing as determined by the Superior Court and documented in the Housing Element.

This ordinance implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93, as may be amended and supplemented.

The Township shall file monitoring and status reports with Fair Share Housing Center ("FSHC") and place the reports on its municipal website. Any plan evaluation report of the Housing Element and Fair Share Plan and monitoring evaluation report prepared by the Special Master in accordance with N.J.A.C. 5:91 shall be available to the public at the Colts Neck Municipal Building.

On or about June 1 of each year through the end of the period of third round judgment of repose, the Township will 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 all parties to the Township's Court-approved settlement agreements, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the Special Master and FSHC.

The Fair Housing Act includes two provisions regarding action to be taken by the Township during the ten-year period of protection provided in the Township's Court-approved agreement with FSHC. The Township agrees to comply with those provisions as follows:

(1)

By July 1, 2020, the Township must prepare a midpoint realistic opportunity review, as required pursuant to N.J.S.A. 52:27D-313, which 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. 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. In the event the Court determines that a site or mechanism no longer presents a realistic opportunity and should be replaced or supplemented, then the municipality shall have the opportunity to supplement or revise its plan to correct any deficiency.

(2)

Within 30 days of June 1, 2021 and June 1, 2024 the Township shall prepare a review of compliance with the very-low-income housing requirements required by N.J.S.A. 52:27D-329.1 and its Court-approved settlement agreement with FSHC. 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 the family very-low-income requirements referenced herein and in the Township's settlement agreement with FSHC. 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 housing obligation.

§ 102-97.2 Affordable housing definitions.

[Added 12-16-2020 by Ord. No. 2020-19]

Definitions. As used herein the following terms shall have the following meanings:

ACCESSORY APARTMENT

A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.

ACT

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

The entity responsible for the administration of affordable units in accordance with this ordinance, N.J.A.C. 5:91, N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et seq.

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4; 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.

AFFORDABLE DEVELOPMENT

A housing development all or a portion of which consists of restricted units.

AFFORDABLE HOUSING DEVELOPMENT

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 development.

AFFORDABLE HOUSING PROGRAM(S)

Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93, and/or funded through an affordable housing trust fund.

AGE-RESTRICTED UNIT

A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that all the residents of the development where the unit is situated are 62 years or older; or at least 80% of the units are occupied by one person that is 55 years or older; or 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.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).

ALTERNATIVE LIVING ARRANGEMENT

A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement includes, but is not limited to: transitional facilities for the homeless, Class A, B, C, D, and E boarding homes as regulated by the 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.

ASSISTED LIVING RESIDENCE

A facility 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.

CERTIFIED HOUSEHOLD

A household that has been certified by an Administrative Agent as a low-income household or moderate-income household.

COAH

The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

A housing unit with health and safety code violations that require 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.

DEVELOPER

Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

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.

DEVELOPMENT FEE

Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.

EQUALIZED ASSESSED VALUE

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 54:1-35c).

FAIR SHARE PLAN

The plan that describes the mechanisms, strategies and the funding sources, if any, by which the Township proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5.

HOUSING ELEMENT

The portion of the Township's Master Plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act, that includes the information required by N.J.A.C. 5:93-5.1 and establishes the Township's fair share obligation.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units and market rate units. This term includes, but is not necessarily limited to, new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the median household income.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

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 or load-bearing structural systems.

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

The median income by household size for the applicable county, as adopted annually by COAH or approved by the NJ Superior Court.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

NONEXEMPT SALE

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.

RANDOM SELECTION PROCESS

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).

REGIONAL ASSET LIMIT

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 adopted/approved regional income limits.

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

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.

RESTRICTED UNIT

A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

SPECIAL MASTER

An expert appointed by a judge to make sure that judicial orders are followed. A master's function is essentially investigative, compiling evidence or documents to inform some future action by the court.

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the median household income.

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very-low-income household.

WEATHERIZATION

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 rehabilitation.

§ 102-97.3 Administration of affordable units.

[Added 12-16-2020 by Ord. No. 2020-19]

The following requirements shall apply to all new or planned developments that contain low- and moderate- income housing units.

Phasing. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low and moderate income units whether developed in a single phase development, or in a multiphase development:

Maximum Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
25%	0%
25% + unit	10%
50%	50%
75%	75%
90%	100%
100%

Design. In inclusionary developments, low- and moderate- income units shall be integrated with the market units.

Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.

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.

(2)

In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.

(3)

Within rental developments, of the total number of affordable rental units, at least 13% of the restricted units within each bedroom distribution shall be affordable to very-low-income households.

(4)

At least half of the affordable units in each bedroom distribution within each affordable housing development shall be affordable to low-income households.

(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 low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

Accessibility requirements:

(1)

The first floor of all new restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

(2)

All restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall have the following features:

(a)

An adaptable toilet and bathing facility on the first floor;

(b)

An adaptable kitchen on the first floor;

(c)

An interior accessible route of travel on the first floor;

[1]

An interior accessible route of travel shall not be required between stories within an individual unit.

(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)

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, or evidence that the 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 Colts Neck's 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 E(2) herein, shall be used by the Township for the sole purpose of making the adaptable entrance of any 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 for the conversion from adaptable to accessible entrances to the Construction Official of the Township of Colts Neck.

[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, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Colts Neck's affordable housing trust fund in care of the Municipal Treasurer who shall ensure that the funds are deposited into the affordable housing trust fund and appropriately earmarked.

[6]

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.

Maximum rents and sales prices.

(1)

In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC and by the Superior Court, utilizing the regional income limits established.

(2)

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 low- and moderate-income units shall be affordable to households earning no more than 52% of median income.

(3)

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.

(a)

At least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income.

(4)

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 prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.

(5)

In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be met:

(a)

A studio or efficiency unit shall be affordable to a one-person household;

(b)

A one-bedroom unit shall be affordable to a one-and-one-half-person household;

(c)

A two-bedroom unit shall be affordable to a three-person household;

(d)

A three-bedroom unit shall be affordable to a four-and-one-half-person household; and

(e)

A four-bedroom unit shall be affordable to a six-person household.

(6)

In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be met:

(a)

A studio or efficiency unit shall be affordable to a one-person household;

(b)

A one-bedroom unit shall be affordable to a one-and-one-half-person household; and

(c)

A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

(7)

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 homeowner 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.

(8)

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 household size 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.

(9)

The price of owner-occupied 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. Income limits for all units for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls 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 HUD as follows:

(a)

Regional income limits shall be established for the Region 4 based on the median income by household size, which shall be established by a regional weighted average of the 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 the housing region is summed. The sum is divided by the estimated total households from the most recent decennial Census in Region 4. This quotient represents the regional 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.

(b)

The income limits calculated each year shall be the result of applying the percentages set forth in Subsection F(9)(a) above to HUD's determination of median income for the relevant fiscal year, 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.

(c)

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 F(9)(a) 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.

(10)

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.

(11)

Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.

Condominium and homeowners association fees.

(1)

For any affordable housing unit that is part of a condominium association and/or homeowner's association, the master deed shall reflect that the association fee assessed for each affordable housing unit shall be established at 100% of the market rate fee.

Affordable unit controls and requirements.

(1)

The requirements of this section apply to all developments that contain affordable housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.

Affirmative marketing.

(1)

The Township shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.

(2)

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 also 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 all marketing activities toward COAH Housing Region 4 and covers the period of deed restriction.

(3)

The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 4, comprised of Bergen, Somerset, and Middlesex Counties.

(4)

The Administrative Agent designated by the Township shall assure the affirmative marketing of all affordable units is consistent with the Affirmative Marketing Plan for the municipality.

(5)

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), Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, the Supportive Housing Association, and the Trenton, Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater Long Branch Branches of the AACP, and shall, as part of its regional affirmative marketing strategies during its implementation of this plan, 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 subsection.

(6)

In implementing the Affirmative Marketing Plan, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

(7)

The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.

(8)

The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township of Colts Neck.

Occupancy standards.

(1)

In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:

(a)

Provide an occupant for each bedroom;

(b)

Provide separate bedrooms for parents and children;

(c)

Provide children of different sexes with separate bedrooms; and

(d)

Prevent more than two persons from occupying a single bedroom.

(2)

Additional provisions related to occupancy standards (if any) shall be provided in the municipal operating manual.

Selection of occupants of affordable housing units.

(1)

The administrative agent shall use a random selection process to select occupants of low- and moderate-income housing.

(2)

A waiting list of all eligible candidates will be maintained in accordance with the provisions of N.J.A.C. 5:80-26 et seq.

Control periods for restricted ownership units and enforcement mechanisms.

(1)

Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability.

(2)

Rehabilitated owner-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.

(3)

The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

(4)

The affordability controls set forth in this ordinance[1] shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.

[1]

Editor's Note: See §§ 102-97.1 through 102-97.7.

(5)

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 that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.

Price restrictions for restricted ownership units, homeowner association fees and resale prices. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:

(1)

The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.

(2)

The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

(3)

The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.

(4)

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. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.

Buyer income eligibility.

(1)

Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, 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.

(2)

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 homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income.

Limitations on indebtedness secured by ownership unit; subordination.

(1)

Prior to incurring any indebtedness to be secured by a restricted ownership unit, the Administrative Agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.

(2)

With the exception of original purchase money mortgages, during a control period 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 that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).

Control periods for restricted rental units.

(1)

Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability.

(a)

Restricted rental units created as part of developments receiving 9% low-income housing tax credits must comply with a control period of not less than a thirty-year compliance period plus a fifteen-year extended use period.

(2)

Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.

(3)

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 Bergen. A copy of the filed document shall be provided to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.

(4)

A restricted rental unit shall remain subject to the affordability controls of this ordinance,[2] despite the occurrence of any of the following events:

(a)

Sublease or assignment of the lease of the unit;

(b)

Sale or other voluntary transfer of the ownership of the unit; or

(c)

The entry and enforcement of any judgment of foreclosure.

[2]

Editor's Note: See §§ 102-97.1 through 102-97.7.

Price restrictions for rental units; leases.

(1)

A written lease shall be required for all restricted rental units, except for units in an assisted living residence, 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.

(2)

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.

(3)

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 ordinance.

Tenant income eligibility.

(1)

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:

(a)

Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.

(b)

Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.

(c)

Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.

(2)

The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, 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:

(a)

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;

(b)

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;

(c)

The household is currently in substandard or overcrowded living conditions;

(d)

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

(e)

The household documents proposed 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.

(3)

The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection R(2)(a) through (e) above with the Administrative Agent, who shall counsel the household on budgeting.

Conversions.

(1)

Each affordable housing unit created through the conversion of a non-residential structure shall be considered a new housing unit and shall be subject to the affordability controls for a new housing unit.

Alternative living arrangements.

(1)

The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:

(a)

Affirmative marketing (N.J.A.C. 5:80-26.15), provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the Court;

(b)

Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).

(2)

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.

(3)

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.

§ 102-97.4 Municipal Housing Liaison.

[Added 12-16-2020 by Ord. No. 2020-19]

The position of Municipal Housing Liaison for the Township of Colts Neck is hereby established. The Municipal Housing Liaison shall be appointed by duly adopted resolution of the Township Mayor and Council and be subject to the approval by the Superior Court.

The Municipal Housing Liaison must be either a full-time or part-time employee of the Township of Colts Neck.

The Municipal Housing Liaison must meet the requirements for qualifications, including initial and periodic training found in N.J.A.C. 5:93.

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Colts Neck, including the following responsibilities which may not be contracted out to the Administrative Agent:

(1)

Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, Administrative Agents and interested households;

(2)

The implementation of the Affirmative Marketing Plan and affordability controls.

(3)

When applicable, supervising any contracting Administrative Agent.

(4)

Monitoring the status of all restricted units in the Township of Colts Neck's Fair Share Plan;

(5)

Compiling, verifying and submitting annual reports as required by the Superior Court;

(6)

Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and

(7)

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Superior Court.

§ 102-97.5 Administrative Agent.

[Added 12-16-2020 by Ord. No. 2020-19]

The Township shall designate by resolution of the Township Mayor and Council, subject to the approval of the Superior Court, one or more Administrative Agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93 and UHAC.

An operating manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the governing body and subject to approval of the Superior Court. The operating manuals shall be available for public inspection in the Office of the Municipal Clerk and in the office(s) of the Administrative Agent(s).

The Administrative Agent shall perform the duties and responsibilities of an administrative agents as are set forth in UHAC and which are described in full detail in the operating manual, including those set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:

(1)

Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Superior Court;

(2)

Affirmative marketing;

(3)

Household certification;

(4)

Affordability controls;

(5)

Records retention;

(6)

Resale and rerental;

(7)

Processing requests from unit owners; and

(8)

Enforcement, although the ultimate responsibility for retaining controls on the units rests with the municipality.

(9)

The Administrative Agent shall, as delegated by the Township Mayor and Council, have the authority to take all actions necessary and appropriate to carry out its responsibilities, hereunder.

§ 102-97.6 Enforcement of affordable housing regulations.

[Added 12-16-2020 by Ord. No. 2020-19]

Upon the occurrence of a breach of any of the regulations governing the 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, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

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 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 found 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 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;

(b)

In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Colts Neck Affordable Housing Trust Fund of the gross amount of rent illegally collected;

(c)

In the case of an owner who has rented his or her 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, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any 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- and moderate-income unit.

Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the 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 the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.

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 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 and to the 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.

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 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.

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 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 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.

Failure of the 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 low- and moderate-income unit as permitted by the regulations governing affordable housing units.

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.

§ 102-97.7 Appeals.

Appeals from all decisions of an Administrative Agent designated pursuant to this ordinance[1] shall be filed in writing with the Township.

[1]

Editor's Note: See §§ 102-97.1 through 102-97.7.

§ 102-98 Multifamily provisions.

[Amended 12-16-2020 by Ord. No. 2020-20]

The following shall only be applicable to developments in the A-4 Mixed Housing District. Any development in which garden apartments, townhouses, atrium houses, quadplexes or other forms of multifamily housing are proposed shall comply with the following requirements.

Where these standards differ from those elsewhere in this chapter, for multifamily housing developments, these standards shall apply.

Subdivision approval is required if the units are to be located on individual lots. Site plan approval is required if the land is to be owned by a homeowners' association.

Water service shall be from other than individual, on-lot wells and approved by the Department of Environmental Protection and local health authorities as required.

Sewage treatment shall be from other than individual on-lot septic systems and approved by the Department of Environmental Protection where required and by local health authorities as required.

Each overall development shall have a compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. Each project shall specify how such things as the following have been considered in the overall plans: landscaping techniques; building orientation to the site and to other structures; topography; natural features, such as wooded areas, drainage courses, soil conditions and topographic relief; and building design features, such as varying unit widths, staggering units setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights, and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singly or in combination. Section 102-107 shall not apply.

The configuration of structures may be any alignment that meets the yard requirements and the following overall or component building lengths: 200 feet on one plane; 340 feet on any angle; and 500 feet along the center line. The approving authority may approve plans with lengths deviating from these standards, provided that consideration is given to fire access between structures, convenient vehicular access within the project, structural breaks, topographic and vegetative conditions, maximizing vistas and views and overall aesthetic appeal. Townhouse and atrium house structures shall have not fewer than three nor more than six units along one plane and not more than 10 units attached to create one overall structure.

No dwelling unit shall have a living area level lower than the average finished grade along the front of the structure, except that on side hill locations having a difference in elevation of at least eight feet from the front of the building to its rear, the number of stories above ground on the uphill side shall not exceed 2 1/2 stories, with a third story permitted above ground on the downhill side. The height of the building on the downhill side shall not exceed 40 feet and on the uphill side shall not exceed 35 feet above the average finished grade.

Density. The gross and net design densities shall comply with § 102-85E.

§ 102-99 Off-street parking.

Carports and garages. No carports are permitted in the A-1 District. All detached single-family dwellings in the A-1 District shall have a two-car garage, attached to or detached from the principal building, having a minimum area of 500 square feet and shall provide a driveway connecting the garage to the adjacent street, constructed in accordance with the requirements of the Uniform Construction Code Act[1] and the regulations adopted pursuant thereto.

[1]

Editor's Note: See N.J.S.A. 52:27D-119 et seq.

Landscaping. For lots in residential zones containing other than a single-family dwelling use, all-season screen planting of a dense evergreen material not less than four feet in height shall be provided between off-street parking areas and any lot line or street line and such planting shall be located within 15 feet of the edge of the parking areas. In lieu of screen planting, a fence of woven lattice, wooded louvre-type of split cedar fence with a maximum of three-fourths-inch spacing or any combination of plantings and fences may be provided and shall be not less than four feet or not more than six feet in height, maintained in good condition and without advertising. All fences shall be landscaped.

For additional requirements for lots in residential zones containing other than a residential use, subject to § 102-119.

[Amended 5-25-2005]

§ 102-100 Planned developments.

Any project proposed under a permitted form of planned development shall follow the appropriate zoning criteria of this chapter and the applicable subdivision and site plan criteria. Prior to approval of any planned development, the approving authority shall make the following findings of facts and conclusions.

All planned developments shall be designed in accordance with the specific planned development provisions of this chapter. The planned development provisions shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.

Proposals for maintenance and conservation of the common open space proposed to be handled by a private agency shall be reliable and shall be established in accordance with the homeowners' association provisions of § 102-95. Also, the amount, location and purpose of the common open space shall be adequate for the use intended.

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 enjoyment shall be adequate and shall comply with appropriate portions of the Master Plan.

The proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

In the case of a proposed development which contemplates construction over a period of years, the term 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 shall be adequate.

§ 102-101 Recreation Courts, private residential.

Such Courts shall not be artificially lighted, shall not be used for commercial, professional or paid instruction purposes and shall be subject to site plan approval. Such Courts for tennis shall be equipped with backstop chain link fencing, having a minimum height of 10 feet and a maximum height of 15 feet, installed at both ends of said Court. Other appropriate means shall be provided as needed for other recreation courses to protect adjacent properties from struck, thrown, flying or rolling objects. Courts shall be shielded from view of streets and adjacent properties by an all-season landscaping screen designed, signed and sealed by a licensed landscape architect.

§ 102-102 Riding/training stable, Type 1.

See the definition in Article III.

The minimum lot size shall be 10 acres.

All activities and uses shall be conducted on contiguous lands owned or leased by the owner/operator.

No show permit or site plan approval is required.

Adequate off-street parking shall be provided for all activities related to the stables operation. The parking area shall be well drained and shall be well maintained.

Private horse shows are permitted, subject to the following requirements:

(1)

Horse shows shall be limited to utilizing horses stabled on site for a fee for a minimum of 30 consecutive days and ridden by their owner or agents.

(2)

Shows shall not be open to the public.

(3)

No additional signs are permitted.

(4)

No sound-amplifying equipment shall be used.

(5)

Adequate off-street parking shall be provided; no parking in street right-of-way is permitted.

(6)

Shows shall be limited to daylight hours.

(7)

If any structures are to be erected for shows or if food or beverages are to be provided, local building/construction and Board of Health requirements must be met.

Minor site plan approval is required for outdoor lighting installations. Outdoor lighting will be permitted if shown on an approved plan on the following conditions:

[Added 12-29-1999]

(1)

Lights are installed no higher than 15 feet from ground level.

(2)

Lights are shielded and deflected to illuminate property and no adjoining properties are adversely affected thereby.

(3)

No exterior lighting, other than for security purposes, shall be utilized between the hours of 10:00 p.m. and 6:00 a.m.

(4)

Lighting is to be utilized for training purposes only.

§ 102-103 Riding/training stable, Type 2.

See the definition in Article III.

The minimum lot size shall be 25 acres.

All activities and uses shall be conducted on contiguous lands owned or leased by the owner/agent.

Minor site plan approval is required. Outdoor lighting will be permitted if shown on an approved plan on the following conditions:

[Amended 12-29-1999]

(1)

Lights are installed no higher than 15 feet from ground level.

(2)

Lights are shielded and deflected to illuminate only the subject property and no adjoining properties are adversely affected thereby.

(3)

No exterior lighting, other than for security purposes, shall be utilized between the hours of 10:00 p.m. and 6:00 a.m.

(4)

Lighting is to be utilized for training purposes only.

Adequate, improved off-street parking area is required for nonshow activities of the owner/operator and of the owner of stabled horses and for students. Parking areas shall be well drained, constructed of stone and well maintained.

Private shows are permitted subject to the following requirements:

(1)

Participation in shows shall be limited to utilizing horses owned by the farm owner/operator or horses stabled or to be stabled on site for a minimum of 30 consecutive days. Show participants shall be limited to the owner/operator and their agents and to the owner of qualifying stabled horses and their agents and to students actively taking instructions at the stable.

(2)

Shows shall not be open to the public.

(3)

No sound-amplifying equipment shall be used.

(4)

Adequate parking area shall be provided to handle expected show needs. No parking in the street right-of-way is permitted.

(5)

No additional signs are permitted.

(6)

Shows shall be limited to daylight hours.

(7)

If any structures are to be erected for shows or if food or beverages are to be provided, local building/construction and Board of Health requirements must be met.

(8)

A show permit is required for shows. Said permit is to be issued by the Township Administrator for a fee. The applicant is required in the application to define the activities to be conducted, the expected number of horses and people involved and the date, time and duration of the show; and to demonstrate that adequate parking is to be provided; and to detail other measures to be taken to limit undesirable effects on the neighborhood to the satisfaction of the Township Administrator and Director of Public Safety.

(9)

A limit of two shows per year, per farm, is permitted.

§ 102-104 Riding/training stable, Type 3.

See the definition in Article III.

The minimum lot size shall be 50 acres.

All activities and uses shall be conducted on contiguous lands owned or leased by the owner/operator.

Minor site plan approval is required. Outdoor lighting will be permitted if shown on an approved plan on the following conditions:

[Amended 12-29-1999]

(1)

Lights are installed no higher than 15 feet from ground level.

(2)

Lights are shielded and deflected to illuminate only the subject property and no adjoining properties are adversely affected thereby.

(3)

No exterior lighting, other than for security purposes, shall be utilized between the hours of 10:00 p.m. and 6:00 a.m.

(4)

Lighting is to be utilized for training purposes only.

Adequate, improved off-street parking area is required for nonshow activities of the owner/operator and the owners of stabled horses and for students. The parking area shall be well drained, constructed of stone and well maintained.

Public shows are permitted subject to the following requirements:

(1)

There shall be no restrictions on the origin of horses or participants.

(2)

Shows may be open to the public.

(3)

Sound-amplifying equipment may be used, provided that it is used in such a manner so as not to constitute a public nuisance.

(4)

Adequate parking area shall be provided to handle expected show needs. No parking in the street right-of-way is permitted.

(5)

One additional four-foot-by-eight-foot double-sided sign or two four-foot-by-eight-foot single-sided signs located on site advertising the show may be provided for a maximum of two weeks prior to and on the show date. Traffic control signs are also permitted. Details of signs and location must be submitted as part of show permit application.

(6)

Shows shall be limited to daylight hours.

(7)

Sanitation facilities are to be provided and approved by the Health Officer.

(8)

If any structures are to be erected for shows or if food or beverages are to be provided, local building/construction and Board of Health requirements must be met.

(9)

A show permit is required for shows. Said permit is to be issued by the Township Administrator for a fee. The applicant is required in the application to define the activities to be conducted, the expected number of horses and people involved and the date, time and duration of show; and to demonstrate that adequate parking is to be provided; and to detail other measures to be taken to limit undesirable effects on the neighborhood to the satisfaction of the Township Administrator and Director of Public Safety. The Director of Public Safety may require the applicant to provide qualified traffic control personnel.

(10)

A limit of two shows per year, per farm, is permitted.

(11)

American Horse Show Association (AHSA) type shows are permitted; horse races, steeple horses and similar activities are prohibited.

§ 102-105 Slope regulations. [1]

[Amended 12-29-1999]

It is the purpose of these regulations that construction on steep slopes which will result in erosion, drainage, access and traffic problems shall be avoided wherever possible.

The Planning/Zoning Board may permit certain construction on steep slopes, subject to the submission of detailed plans and the provisions contained herein.

For the purpose of this section, "construction" shall be defined as any disturbance of land, including but not limited to buildings, streets, paving, grading, excavation, fill, parking areas, drainage structures and stripping of vegetation.

Within any residential subdivision or site plan, construction on steep slopes of 15% or more shall be restricted as follows:

(1)

For steep slopes of 15% but less than 25%, a maximum of 30% of the total area in this slope category may be disturbed for construction.

(2)

For steep slopes of 25% or greater, disturbance shall only be permitted where the applicant demonstrates that each disturbance is essential to the reasonable use of the property.

[1]

Editor's Note: Former § 102-105, Rural residential development, was repealed 4-14-1999. See now § 102-85.1, A-5 Rural Residential District.

§ 102-106 Signs.

All signs, except temporary real estate signs, require approval from the approving authority unless specifically exempted by other provisions of this chapter. Modification or relocation of existing signs requires approval of the Zoning Officer and/or Code Enforcement Officer. The Planning Board shall submit all applications for sign approval to the Architectural Review Committee pursuant to Chapter 2, Architectural Review Committee, and more specifically §§ 2-4, 2-5, and 2-6.

[Amended 11-10-1999; 10-14-2020 by Ord. No. 2020-18]

Outdoor signs. Except for seasonal decorations, as covered herein, billboards, balloons or air- or gas-filled object or sign pictures of products or services or other structures for advertising or display purposes shall not be erected or utilized in any zone except as specifically allowed in this chapter. No sign of any type shall be permitted to obstruct driving vision, traffic signals or traffic direction and identification signs. Signs shall be directly related to the business being conducted on the premises.

(1)

Animated flashing and illusionary façade or freestanding signs and balloons or gas- or air-filled objects or signs using mechanical, electrical and/or other means or devices to display flashing, movement or the illusion of movement are prohibited.

[Amended 10-14-2020 by Ord. No. 2020-18]

(2)

Height. No freestanding or attached sign shall exceed the maximum height provided in the Zoning district. In any event, no sign shall exceed any lesser height if specified elsewhere in this chapter and shall not be mounted on the roof of the building if it is attached to a building.

[Amended 10-14-2020 by Ord. No. 2020-18]

(3)

Illuminated freestanding and facade signs, where permitted, may be externally illuminated between 6:00 a.m. and 10:00 p.m. and so arranged as to reflect the light and glare away from adjoining premises in any residential zoning district and away from adjoining streets not to interfere with any motorist's visibility or general vehicular traffic. All signs may be externally illuminated with said lights a maximum distance of six feet from the sign.

[Amended 11-10-1999; 7-9-2008; 10-14-2020 by Ord. No. 2020-18]

(4)

Maintenance. Signs must be constructed of durable materials, preferably wood, maintained in good condition and not allowed to become dilapidated.

[Amended 11-10-1999]

(5)

Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least 10 feet horizontally from the street curbline or edge of pavement. There shall be no more than one sign per property, except that corner lots shall be entitled to two signs per such lot. Such signs shall not exceed four square feet on each side and shall not be more than four feet high and shall be removed at the expense of the advertiser immediately upon termination or completion of the matter of business being advertised. All such signs do not need a sign permit or site plan approval.

[Amended 11-10-1999; 10-14-2020 by Ord. No. 2020-18]

(6)

Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, but said area shall not include any supporting framework and bracing incidental to the display itself. Freestanding signs may carry advertising or displays on a maximum of two sides.

[Amended 11-10-1999]

(7)

Farm signs identifying the name of the farm shall not exceed 12 square feet on each side, shall not exceed eight feet in height, may be externally illuminated and shall be located no closer than 10 feet from the existing curbed or paved roadway.

[Amended 11-10-1999; 7-9-2008]

(8)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(8), regarding temporary farm stand and pick-your-own agriculture signs, as amended, was repealed 10-14-2020 by Ord. No. 2020-18.

(9)

Signs advertising a new major subdivision. For the purposes of this section, a sign shall not be constructed of masonary, brick, concrete, stone or other similar materials nor shall it give the appearance of being a wall, fence or similar barrier.

[Amended 11-10-1999; 8-30-2000]

(a)

A new major subdivision or site may have a maximum of two temporary signs, with a combined maximum of 32 square feet of sign area total per development. The sign shall not exceed a height of eight feet and shall not be illuminated. Sign approval must be obtained as part of the subdivision or site plan approval or as a freestanding sign not included in a subdivision or site plan approval. The approval shall limit the sign life to the period that the development is covered by a performance bond. The Planning Board may extend this interval for good cause. No sign shall be erected until preliminary Planning Board approval thereof. Such signs shall be kept in good repair and shall be located on the site where construction is taking place.

(b)

No signs indicating or displaying directions to a new subdivision shall be erected, temporarily or otherwise.

(c)

All signs erected in connection with a developing subdivision shall be removed immediately upon the sale of the final lot in the subdivision, unless approved by the Planning Board.

(d)

Erecting or displaying signs advertising banks or other financial funding institutions or sources is prohibited.

(10)

Garage sale, yard sale, estate sale signs. Any sign advertising a garage, yard, estate or other similar sale shall not be erected sooner than one day prior to the sale and must be removed no later than one day following the sale's end. All such signs shall be no larger than three square feet. No such sign shall be placed on any utility pole, street sign, trees or fences. No one residence or organization shall conduct more than two such sales per year. A sign permit shall not be required for the posting of such signs. The enforcement officer shall be responsible for enforcing these provisions.

[Added 11-10-1999]

(11)

Political signs. No sign permit is required for a sign reflecting or endorsing political views or political candidates. No such sign shall exceed 32 square feet. Any sign advertising for any federal, state, local or school board elections shall not be erected sooner than 30 days prior to said election and shall be removed not more than 7 days after said election unless otherwise provided by federal or state law or legislation.

[Added 11-10-1999]

(12)

Charitable events. Signs of this sort may be erected up to 21 days prior to the advertised charitable event. Signs of this sort shall not exceed 32 square feet and are to be installed at least 10 feet from the curbline or paved street. These signs must be erected on property owned or leased by the sponsoring agency or upon other property with written permission from the property owner. A sign permit is not required for this type of sign. Signs of this type must be removed within three days of the event.

[Added 11-10-1999]

Outdoor seasonal decorations. Display of seasonal decorations are exempt from sign requirements and do not require approving authority approval but shall meet the following requirements:

[Amended 11-10-1999; 10-14-2020 by Ord. No. 2020-18]

(1)

Seasonal decorations, exempt from sign ordinance requirements, are permitted for holidays which customarily involve seasonal theme decorations.

(2)

Height. The maximum height of all seasonal decorations shall be 35 feet. This shall include helium balloons and other airborne types of displays.

(3)

Seasonal decorations display period shall not exceed 31 days.

Indoor signs. One nonblinking or flashing internally illuminated or neon type sign containing a maximum area of three square feet is allowed in a window of a commercial establishment. All other illuminated signs or flashing lights within a structure or building are allowed only if they are not plainly visible outside the structure to the general public when 100 feet or more from any part of the structure.

[Amended 11-10-1999; 10-14-2020 by Ord. No. 2020-18]

Sign removal. The Township of Colts Neck retains the right to remove all illegal signs from any state, county or local streets, street signs, public property or utility poles.

[Added 11-10-1999]

Public property. Permission to place any temporary sign on Township-owned property shall be granted on an individual basis, upon written request to the Township Committee. No such request shall be granted where such a sign shall pose a health and safety hazard, obstruct the safe passage of the public through public places or otherwise obstruct the view of streets.

[Added 11-10-1999]

§ 102-107 Similarity of buildings.

No building or structure shall hereafter be erected, constructed, placed, altered or enlarged in any residence zone which shall be like any neighboring building then in existence or for which a construction permit has been issued or which is included in the same construction permit application in more than one of the following respects:

(1)

The design or style of the roof.

(2)

The length of the front elevation, measured between the ends of the building or structure, at the first floor elevation.

(3)

The relative location of windows in the front elevation with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation.

(4)

The relative location of the garage, if attached, porch, if any, and the remainder of the building or structure, in the front elevation, with respect to each other.

(5)

The type or kind of materials used in the outside wall construction in the front elevations.

Buildings or structures shall be deemed to be like each other in respect to Subsection A(2) above if the difference in the length of the front elevation is less than eight feet. Buildings or structures between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be like each other in these respects.

§ 102-108 Swimming pools.

Private residential swimming pools shall be installed only on lots containing a residence with the pool as an accessory use to the residence. The pool shall meet the yard requirements for an accessory building in the district in which it is located, except that if the pool is located in the front yard, the pool shall be set back twice the distance from the street line that is required for the principal building. A pool shall occupy no more than the equivalent of 75% of the yard area in which it is located.

Pools installed by a homeowners' association shall have its membership limited to residents and guests of residents in the development served by the association. The pool shall be on a lot of at least one acre, but of sufficient larger size if necessary so the pool, adjoining apron, off-street parking and accessory service buildings occupy no more than 50% of the lot area.

No portion of the pool, apron or service building shall be closer than 200 feet to the nearest residential building. Access to the pool complex shall be provided via bikeway/pedestrian paths, as well as street(s). Off-street parking shall be for 10 or more cars. The final parking lot size will be determined at site plan review, based on the ease of nonstreet access, the size of residential development and proximity of the pool to most residences.