Township of Howell, NJ Zones

Editor’s Note: Schedule II, Bulk and Dimensional Requirements, is included as an attachment to this chapter.

§ 188-67 Prohibited uses in all zones.

In addition to and not by way of limitation of any other uses prohibited in this chapter, the following uses are prohibited throughout the Township:

The occasional sale of goods, services or merchandise from any vehicle, trailer, stand, portable building or the like at a specific location whether on public or private property or within any public street. This prohibition shall not apply to the following:

Itinerant solicitors, peddlers or vendors duly licensed pursuant to Chapter 223 of the Code of the Township, provided that such licensee goes from house to house, place to place, or street to street in the conduct of the licensee’s business.

The sale of farm products from the premises upon which they are grown or produced.

Sales which occur at lawfully existing flea markets, provided that such sales are within the specific area within any such market where all other sales take place.

This prohibition shall not apply to any charitable, philanthropic, fraternal or religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code [26 U.S.C. § 501(c) or (d)], provided that such sales are conducted directly by members of the organization and in such a manner as to not to create any hazard or threat to the health, safety and welfare of the public. Any such organization shall, prior to commencing any such use, exhibit proof of its tax exempt status to the Code Administrator of the Township.

The prohibitions shall not apply to the seasonal sale of Christmas trees, wreaths and other floral arrangements and displays appropriate to religious holidays during the period of November 15 through January 15.

No gravel pits shall be maintained or operated in the Township of Howell for the purpose of quarrying, mining or any other activity.

No heliport or helistop as defined in N.J.A.C. 16:54-1.3 shall, following the adoption of this subsection, be established or located in any zoning district of the Township of Howell; provided, further, that nothing contained herein shall apply to helistops established for governmental or emergency uses.

The conduct of combat survival games as a recreational use utilizing, among other devices, what is commonly referred to as a "paint gun" wherein pellets are propelled by a carbon dioxide cartridge.

No permanent or temporary toxic waste storage, processing or disposal facilities shall be located in the Township of Howell, except temporary facilities may be utilized for the cleanup of a waste site within the Township, provided that the facility is utilized only for the waste generated on that site.

Uses which involve the processing, handling, storage, incineration or distribution of solid waste, including landfills, transfer stations, composting facilities and uses deemed to be similar in character. Nothing herein shall be construed so as to prohibit routine solid waste handling and composting as an accessory or appurtenant use to a residential or agricultural use (including such accessory uses for which the owner is compensated); provided, however, that such uses are incidental to a principal permitted use.

Cannabis prohibition.

[Added 7-13-2021 by Ord. No. O-21-13]

Purpose. The purpose of this subsection is to regulate the marketplace class of licensed recreational cannabis businesses and to codify a prohibition, pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), N.J.S.A. 24:6I-45b, on all six marketplace classes of cannabis establishments, as defined in that statute and including cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis retailer, cannabis distributor, and cannabis delivery service, but not the delivery of cannabis items and related supplies into Howell Township by a delivery service located outside the geographic boundaries of Howell Township, which delivery service shall have been duly licensed by the municipality in which it operates.

Definitions. As used in this subsection, all marketplace classes of cannabis establishments, including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer, a cannabis distributor, and cannabis delivery service shall have the same meanings as set forth in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33 et seq.

General prohibition. All six marketplace classes of cannabis establishments, including cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis retailer, cannabis distributor, and cannabis delivery service, as said terms are defined in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33, are hereby prohibited uses or activities within the Township of Howell. This prohibition shall not apply to the delivery of cannabis items and related supplies being delivered into Howell Township by a cannabis delivery service located outside the geographic boundaries of Howell Township, which delivery service shall have been duly licensed by the municipality in which it operates.

§ 188-68 Outdoor display of goods.

[Amended 6-10-2008 by Ord. No. O-08-12]

Issuance of permit. The outdoor display of goods and merchandise for what is commonly referred to as a "sidewalk sale" or "flea market sale" in conjunction with or consistent with business activity in areas zoned NC, HC, HD-1 and HD-2 shall be permitted upon the issuance of a permit by the Land Use office.

Conditions for issuance of permit. On application to the Land Use Officer, or his designee, for the appropriate permit, merchants owning or leasing permanent business establishments may conduct temporary sidewalk sales or similar other outdoor sales. The fee for issuance of this permit shall be as shown in § 139-31 of this Code.

[Amended 12-11-2012 by Ord. No. O-12-27]

Duration and conditions of permit. A permit for a sidewalk sale, flea market or similar outdoor sale shall only be given if the applicant satisfies the following conditions:

Sidewalk sale or similar outdoor sales.

The outdoor display and sale shall be restricted to the NC, HC, HD-1 and HD-2 Zones only and shall be in accord with all zoning regulations pertaining thereto.

The applicant shall either own or lease permanent premises within 25 feet of the space where the outdoor display or sale will be conducted.

Any displays used in conjunction with a sidewalk sale shall not impede pedestrian traffic nor require pedestrians to move off the curb or sidewalk to navigate around or through such displays.

The permit shall not adversely affect the public welfare.

Each sidewalk sale shall not be longer than seven days in duration and may not occur within seven days of a previous sidewalk sale.

Flea market sales.

The outdoor display and sale shall be restricted to the NC, HC, HD-1 and HD-2 Zones only and shall be in accord with all zoning regulations pertaining thereto.

The applicant shall be the merchant either leasing or owning the premises upon which the flea market sales shall take place, notwithstanding that the sales are being conducted by third parties, and the sales shall not be held any further than 125 feet from the building premises being leased.

Any displays used in conjunction with the flea market sales shall not impede the flow of pedestrian or vehicular traffic.

The permit shall not adversely affect the public welfare.

The flea market sales shall be no longer than one business day and shall take place at the times otherwise prescribed for such sales by Township ordinance.

No flea market sales permit shall be issued for an eligible applicant at the same time as any other flea market permit applicable to any other place within 3,000 feet of the premises of the flea market sales.

Frequency of issuance of permit. No permit shall be issued to an applicant or applicants affecting the same permanent business establishment more than five times per calendar year. No flea market sale shall be held at the same permanent business establishment more than five times per calendar year.

This section does not establish new principal or ancillary uses in any zone nor does it affect or alter any bulk requirement of any zone.

This section merely permits temporary, occasional sales via permit process at permanent business establishments in certain zones when certain conditions are met.

Violations and penalties. The failure to obtain a permit from the Land Use Officer prior to holding a sidewalk sale, or similar sale or flea market sale, will subject violators to a fine of up to $500 per day.

§ 188-69 Agricultural Rural Estate Zones (ARE-1, ARE-3, ARE-4 and ARE-6).

[Amended 3-20-2007 by Ord. No. O-07-9;[1] 10-16-2007 by Ord. No. O-07-36]

Purpose. The purpose of the ARE-1, ARE-3, ARE-4 and ARE-6 Zones is to minimize the impacts of development in areas located outside of the centers identified in the Township's Master Plan. The goals include preservation of rural and agricultural uses and preservation of rural character. Many areas include significant environmental constraints, including wetlands, floodplains, rare and endangered species habitats, aquifer recharge areas and high-quality watersheds. (See Schedule III, Bulk and Dimensional Requirements, for the ARE-1, ARE-3, ARE-4 and ARE-6 Zones[2])

[Amended 5-24-2011 by Ord. No. O-11-13]

Editor’s Note: Schedule III is included as an attachment to this chapter.

Permitted uses.

Principal uses.

Agricultural and horticulture.

Single-family residences.

Municipal buildings and other public-purpose buildings owned by the Township, as well as quasi-public uses limited to fire stations and first-aid buildings.

Community residences for the developmentally disabled and community shelters for victims of domestic violence that contain fewer than six occupants.

Multigenerational family accommodations.

[Added 6-12-2018 by Ord. No. O-18-8]

Accessory uses.

Accessory uses customarily incidental and ancillary to a permitted use.

Home occupations as regulated in this chapter.

Apiaries and beekeeping activities with a 300-foot setback to neighboring principal structures, excluding the structure on the property in which the apiary is located. The setback shall be reduced to 100 feet if a six-foot-tall solid fence is erected between the apiary and the neighboring structure.

[Added 6-13-2023 by Ord. No. 23-18]

Conditional uses.

Houses of worship.

Schools with state-approved curricula in accordance with § 188-93 and limited to ARE-4 and ARE-6.

[Amended 5-20-2014 by Ord. No. O-14-13]

Community residences for the developmentally disabled and community shelters for victims of domestic violence that contain more than six and fewer than 15 occupants.

Solar energy generation facility in ARE-3, ARE-4, and ARE-6 Zones only. See § 188-98.3 for conditional requirements, and see Schedule III for bulk and dimensional requirements.[3]

[Added 5-24-2011 by Ord. No. O-11-13]

Editor’s Note: Schedule III is included as an attachment to this chapter.

Design standards for solar energy generation facilities.

[Added 5-24-2011 by Ord. No. O-11-13][4]

Ground-mounted systems shall provide emergency vehicle access to all components as per the New Jersey State Fire Code, Section 305, "Fire Apparatus Access Roads."

Except pursuant to a permit issued by the New Jersey Department of Environmental Protection ("NJDEP"), no portion of a solar energy generation facility shall occupy areas of land designated and regulated by NJDEP as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors. An applicability determination from the NJDEP shall be provided to document the presence and/or absence of these regulated areas. Except pursuant to a permit issued by NJDEP, a three-hundred-foot buffer shall be maintained between NJDEP-designated Category One waters, as defined in the existing Surface Water Quality Standards rules at N.J.A.C. 7:9B-1.4, and any portion of a proposed solar energy generation facility. Category One waters include, and may not be limited to, the Metedeconk River and the Manasquan Reservoir.

Solar energy generation facilities shall be screened from the public traveled way (public roads, trails, navigable waterways, scenic highways and byways), publicly owned properties, open space, preserved farmland and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places.

Installations shall be sited behind existing vegetation, which shall be supplemented with landscaping to shield the installation from public view.

To the extent achievable, solar energy facilities shall be sited using the natural topography to screen the energy project from public view and the view of any adjoining residences.

Decommissioning plan. All applications for a solar energy generation facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of solar energy systems. The decommissioning plan shall be submitted in accordance with the requirements of this Subsection D(4). Prior to removal of solar energy systems, a demolition permit for removal activities shall be obtained from the Howell Township construction official. Prior to issuance of a demolition permit, the owner or operator of the facility shall post a performance bond, cash or letter of credit to ensure removal of the facility or systems in accordance with the decommissioning plan. Removal of solar energy systems shall be conducted by an electrician licensed in the State of New Jersey.

Solar and photovoltaic energy facilities and structures (roof or ground) which have not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal in accordance with a decommissioning plan.

If the applicant ceases operation of the energy project for one year, or begins, but does not complete, construction of the project within 180 days of receipt of final site plan approval, the applicant shall restore the site according to a decommissioning plan prepared by the applicant and approved by the Board. The applicant shall submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without significant delay, including but not limited to the following:

Removal of aboveground and underground equipment, structures and foundations to a depth of at least three feet below grade. Underground equipment, structures and foundations need not be removed if they are at least three feet below grade and do not constitute a hazard or interfere with agricultural use or other resource uses of the land. The plan shall describe the means by which all equipment and components of the system(s) shall be disposed of in an environmentally responsible manner and in accordance with prevailing federal, state and/or local regulations.

Restoration of the surface grade and soil after removal of aboveground structures and equipment.

Restoration of surface grade and soil.

Revegetation of restored soil areas with native seed mixes and plant species suitable to the area, which shall not include any invasive species. In farmland areas, the revegetation component of the decommissioning plan should include provisions to resume agricultural use of the site.

The plan may provide for the retention of access roads, fences, gates or buildings in place or regarding restoration of agricultural crops or forest resource land.

The plan must provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration.

The plan must include a schedule for completion of site restoration work.

A cost estimate shall be provided for the cost of fully implementing the decommissioning plan prior to the issuance of a demolition permit. The cost estimate shall be subject to review and approval by the Township Engineer.

Before beginning any decommissioning activities, the applicant must submit a performance bond, cash or letter of credit in a form and amount satisfactory to the Township Attorney, which shall be based upon an estimate approved by the Board Engineer, assuring the availability of adequate funds to restore the site to a useful, nonhazardous condition in accordance with the decommissioning plan.

Upon cessation of activity for a cumulative period of 180 days of construction or installation activities of an approved solar energy system, the Township may notify the owner and/or the operator of the facility to complete construction and installation of the facility. If the owner and/or operator fails to complete construction and installation activities within 180 additional days, the Township may order the owner and/or operator of the facility to implement the decommissioning plan. Within six months of notice being served, the owner and/or operator shall substantially complete all activities in the decommissioning plan.

Upon cessation of activity of a fully constructed solar energy system for a cumulative period of one year, the Township may notify the owner and/or the operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator shall either resume energy generation to at least eighty-percent capacity of the facility or system as established at the time of approval, or fully implement the decommissioning plan. If, within 180 days of receipt of notice, the owner and/or operator of the facility or system fails to resume energy generation to at least 80% of capacity of the facility or system as established at the time of approval, the Township may order the owner and/or operator of the facility to implement the decommissioning plan.

If the operator fails to fully implement the decommissioning plan subject to the procedures and timelines set forth in Subsection D(4)(e) and (f) above, or is otherwise unable to restore the site as required within 180 days of the Township's service of notice in accordance with this Subsection D(4), the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may in accordance with the law recover all expenses incurred for such activities.

Editor’s Note: Pursuant to this ordinance, former Subsection C was redesignated as Subsection D.

Development options.

All subdivisions in the ARE-3, ARE-4 or ARE-6 Zone are required to utilize one of the following four development options. Conventional subdivisions are permissible for minor subdivisions and in cases where applicants can demonstrate to the Planning Board that the objectives of the district will be enhanced by the submission of a conventional subdivision. Factors to be utilized by the Board in its determination are:

Retention of large contiguous wooded tracts.

Retention of large farm tracts.

Aggregation of smaller wooded and farm parcels.

Enhancement of water quality.

Protection of habitats.

The maximum density of units per gross acre of land in the ARE-3 District shall be 0.33 unit per acre, ARE-4 District shall be 0.25 unit per acre and in the ARE-6 District shall be 0.167 unit per acre.

Open lands subdivisions. Open lands subdivisions are permitted on all tracts in the ARE-3, ARE-4 and ARE-6 Districts. This option is intended to promote the retention of large contiguous wooded tracts and large farm tracts, and to promote the aggregation of smaller wooded and farm parcels. It is also intended to encourage and promote flexibility, economy and environmental soundness in subdivision layout and design. The following standards shall apply to open lands subdivisions:

In order to determine the maximum number of lots for an open lands subdivision, a conforming plan of a conventional subdivision shall be submitted, based on minimum lot area of three acres in the ARE-3 District, four acres in the ARE-4 District and six acres in the ARE-6 District. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under an open lands subdivision.

At least 55% of the tract if located in ARE-3, 60% of the tract if located in the ARE-4 District and 75% of the tract if located in the ARE-6 District shall be designated as "open lands" and shall, as a condition of approval of the development, be deed restricted for agricultural or conservation use. The maximum density of the remaining property is 1.25 acres per unit in ARE-3, 1.5 acres per unit in ARE-4 and two acres per unit in ARE-6. Lots qualifying as open lands shall be permitted a primary residence and other accessory building uses as provided in this section.

At least 40% of designated "open lands" shall be some combination of unconstrained land area, or prime soils or soils of statewide importance, or prime forested area. On tracts in areas which are predominantly active agricultural lands or consist of prime agricultural soils or soils of statewide importance, the preservation of agricultural lands and soils shall take precedence. On tracts in areas which are predominantly prime forested areas, the preservation of forested areas shall take precedence.

For tracts of 30 acres or less, the open lands shall be contained in one deed-restricted contiguous parcel; for tracts greater than 30 acres, the open lands may be composed of noncontiguous parcels, provided that each open lands area shall contain at least 15 contiguous acres. When noncontiguous parcels of at least 15 acres are provided, each parcel may have a residence, provided that the total density is not exceeded.

All lots created under this subdivision option shall be deed restricted against further subdivision for the purpose of creating an additional lot or lots.

The design of the development utilizing this option shall foster the following objectives: retention of large contiguous farmland areas; retention of large contiguous prime forested areas; stream corridor and wetlands preservation; aquifer recharge protection; steep slope protection; overall site design; reduction of impervious coverage; traffic circulation; and, sensitivity to the site's natural features, topography and relationship to open lands on neighboring parcels.

In forested areas, the design of the development shall include a 100-foot buffer along existing roads, which shall either maintain existing woodlands or establish new forested areas for those areas that are disturbed during site development or are currently cleared. The intent of this provision is to maintain the scenic roadside views in the Township.

Natural features such as trees, natural terrain, open waters and natural drainage areas shall be preserved wherever possible in designing any development containing such features. As part of the subdivision or site plan review process, development should be designed to preserve scenic vistas and views of cultural/historic landmarks and of unique geologic and topographic features.

The proposed development shall comply with the bulk and dimensional standards contained in Schedule III.[5]

Editor's Note: Schedule III is included as an attachment to this chapter.

The applicant is advised to submit a concept plan of the open lands subdivision for review and comment in accordance with this chapter.

Cluster subdivisions in the ARE-3 District, ARE-4 District and ARE-6 District may be permitted at the sole discretion of the Planning Board. To utilize the cluster option the Planning Board must find that the resulting open space is of a sufficient character, size and location to effectuate the goals and objectives of the Township's Open Space, Conservation, Parks and Recreation or Farmland Preservation Plan elements. The following standards shall be minimum requirements:

[Amended 10-16-2012 by Ord. No. O-12-18]

In order to determine the maximum number of lots for a cluster subdivision, a conforming plan of a conventional subdivision shall be submitted, based on minimum lot areas of three acres in the ARE-3 District, four acres in the ARE-4 District and six acres in the ARE-6 District. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under a cluster subdivision.

The minimum open space shall be 65% of the total tract in the ARE-3 District, ARE-4 District and ARE-6 District. Maximum density is 1.25 in ARE-3, 1.5 acres per unit in ARE-4 and 2.0 acres per unit in ARE-6.

Areas reserved as permanent open space shall have a minimum contiguous area of not less than three acres, and no portion thereof shall be less than 50 feet in width. At least 40% of the open space shall be uplands. The open space area(s) shall be contiguous to open space on adjoining parcels, where applicable, and shall include areas identified in the Township's open space and recreation or conservation plans, if any, including greenways.

On tracts in areas which are predominantly active agricultural lands or consist of prime agricultural soils or soils of statewide importance, the preservation of agricultural lands and soils shall take precedence. On tracts in areas which are predominantly prime forested areas, the preservation of forested areas shall take precedence.

The open space shall be reserved in perpetuity either by dedication for public use or for use by the residents of the development by private covenant or deed restriction for one of the following purposes: undeveloped open space; public or private recreational facilities; conservation of environmentally sensitive features, including, but not limited to, wetlands, aquifer recharge areas, floodplains and wooded areas; and agricultural use.

The proposed development shall comply with the bulk and dimensional standards contained in Schedule III.

Provision shall be made to ensure suitable maintenance of any area to be reserved by private covenant or deed restriction by the establishment of a property owners' association or other appropriate organization.

The applicant is advised to submit a concept plan of the cluster subdivision for review and comment in accordance with this chapter.

Lot averaging subdivisions are permitted in the ARE-3 District, ARE-4 District and in the ARE-6 District in accordance with the following standards:

In order to determine the maximum number of lots for a lot averaging subdivision, a conforming plan of a conventional subdivision shall be submitted, based on a minimum lot size of three acres in the ARE-3 District, four acres in the ARE-4 District and six acres in the ARE-6 District. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under a lot averaging subdivision.

A lot averaging subdivision may be permitted when the applicant proposes a distribution of lot areas within the subdivision that results in at least 60% of the lots having a minimum lot area between two acres and three acres, except in the case of a two-lot subdivision, in which case one of the two lots shall be two acres to three acres.

The site design of lot averaging subdivisions should shift the more intensive development toward those lands that can best support the installation of the dwelling, well, septic system and associated site improvements. Similarly, lot averaging should seek to preserve those areas which exhibit sensitive environmental features (i.e., water bodies, floodplains, aquifer recharge areas, seasonal high water table, etc.) or which contain active or prime agricultural lands or prime forested areas.

The proposed development shall comply with the bulk and dimensional standards contained in Schedule III.

The deed for any lot created by lot averaging shall contain a restriction against its further subdivision for the purpose of creating an additional lot or lots.

The applicant is advised to submit a concept plan of the lot averaging subdivision for review and comment in accordance with this chapter.

Farmland preservation parcels. These parcels are intended to provide a development option to an individual who intends to remove the development rights from the majority of the property, typically through a government or nonprofit sponsored farmland preservation program in accordance with the following standards. The farmland preservation option shall also apply to existing farms and other proposed farms in the ARE zones:

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 15 acres.

The owner of a lot, tract or parcel of land who intends to place a portion of such property into farmland preservation shall be entitled to subdivide one or more residential lots 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.

The number lots subdivided shall be in accordance with the following table:

Range by Acres	Permitted Lots
15 to 29.99	1
30 to 49.99	2
50 or more	3

The subdivided residential lot shall meet the following zoning requirements:

Minimum lot area.

ARE-6: 2 acres.

ARE-4: 1.5 acres.

ARE-3: 1.25 acres.

Lot frontage: 100 feet.

Minimum front yard setback: 50 feet.

Minimum rear yard setback: 40 feet.

Minimum side yard: 30 feet.

Maximum height: 30 feet/2 1/2 stories.

Building coverage: 10%.

[8]

Lot coverage: 15%.

[9]

Accessory buildings: side and rear yards shall equal building height.

Editor's Note: Ord. No. O-07-18, adopted 5-15-2007, "grandfathered" the bulk and dimensional requirements of existing lots and lots that were the subject of final subdivision approvals prior to the effective date of Ord. No. O-07-9 as follows: "All lots in existence on the official Zoning Map of the Township of Howell, or which were approved for final subdivision by the Howell Planning Board prior to the effective date of Ordinance 07-09, shall not be deemed nonconforming under the zoning criteria and bulk and dimensional requirements of Ordinance 07-09, but shall instead be subject to the bulk and dimensional requirements of the zoning districts pursuant to the zoning ordinances that were in effect immediately prior to the adoption of said ordinance. The bulk and dimensional requirements established by Ordinance 07-09 shall apply only to lots created after the effective date of said ordinance."

§ 188-69.1 Agricultural Rural Estate (ARE-2).

[Added 3-20-2007 by Ord. No. O-07-9[1]]

Purpose. The purpose of the ARE-2 Zone is to minimize the impacts of development in areas located outside of the centers identified in the Township's Master Plan. The goals include not only the preservation of rural and agricultural uses and preservation of rural character, but in addition to act as a buffer between zones of greater development and the ARE-3, ARE-4 and ARE-6 Zones. (See Schedule III, Bulk and Dimensional Requirements, for the ARE-2 Zone[2]).

Editor’s Note: Schedule III is included as an attachment to this chapter.

Permitted uses.

Principal uses: same as § 188-69B(1) and including the following:

Public recreation (passive or active) facilities, including soccer and baseball fields.[3]

Editor's Note: Former Subsection B(1)(b), educational facilities, which immediately followed this subsection, was repealed 1-25-2016 by Ord. No. O-16-01.

Multigenerational family accommodations.

[Added 6-12-2018 by Ord. No. O-18-8]

Accessory uses: same as § 188-69B(2).

Conditional uses.

[Amended 5-24-2011 by Ord. No. O-11-13; 5-20-2014 by Ord. No. O-14-13]

Houses of worship.

(Reserved)

Community residences for the developmentally disabled and community shelters for victims of domestic violence that contain more than six and fewer than 15 occupants.

Solar energy generation facility in ARE-2 Zone only. See § 188-98.3 for conditional requirements.

Design standards for solar energy generation facilities.

[Added 5-24-2011 by Ord. No. O-11-13[4]]

Ground-mounted systems shall provide emergency vehicle access to all components as per the New Jersey State Fire Code, Section 305, "Fire Apparatus Access Roads."

Installations shall be sited behind existing vegetation, which shall be supplemented with landscaping to shield the installation from public view.

To the extent achievable, solar energy facilities shall be sited using the natural topography to screen the energy project from public view and the view of any adjoining residences.

Decommissioning plan. All applications for a solar energy generation facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of solar energy systems. The decommissioning plan shall be submitted in accordance with the requirements of this Subsection D(4). Prior to removal of solar energy systems, a demolition permit for removal activities shall be obtained from the Howell Township construction official. Prior to issuance of a demolition permit, the owner or operator of the facility shall post a performance bond, letter of credit or cash to ensure removal of the facility or systems in accordance with the decommissioning plan. Removal of solar energy systems shall be conducted by an electrician licensed in the State of New Jersey.

Restoration of the surface grade and soil after removal of aboveground structures and equipment.

Restoration of surface grade and soil.

The plan may provide for the retention of access roads, fences, gates or buildings in place or regarding restoration of agricultural crops or forest resource land.

The plan must provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration.

The plan must include a schedule for completion of site restoration work.

Upon cessation of activity of a fully constructed solar energy system for a cumulative period of one year, the Township may notify the owner and/or the operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator shall either resume energy generation to at least eighty-percent capacity of the facility or system as established at the time of approval, or fully implement the decommissioning plan. If, within 180 days of receipt of notice, the owner and/or operator of the facility or system fail to resume energy generation to at least 80% of capacity of the facility or system as established at the time of approval, the Township may order the owner and/or operator of the facility to implement the decommissioning plan.

Editor’s Note: Pursuant to this ordinance, former Subsection C was redesignated as Subsection D.

Development options.

All subdivisions in the ARE-2 Zone are required to utilize one of the following three development options discussed below: (1) open lands subdivisions; (2) lot averaging subdivisions; and (3) conventional subdivisions, which are permissible for minor subdivisions and in cases where applicants can demonstrate to the Planning Board that the objectives of the district will be enhanced by the submission of a conventional subdivision. Factors to be utilized by the Planning Board in its determination are:

Retention of large contiguous wooded tracts.

Retention of large farm tracts.

Aggregation of smaller wooded and farm parcels.

Enhancement of water quality.

Protection of habitats.

Open lands subdivisions. This option is intended to promote the retention of contiguous wooded tracts and large farm tracts, and to promote the aggregation of smaller wooded and farm parcels. It is also intended to encourage and promote flexibility, economy and environmental soundness in subdivision layout and design. The following standards shall apply to open lands subdivisions.

In order to determine the maximum number of lots for open lands subdivision, a conforming plan of a conventional subdivision shall be submitted based on minimum lot areas of two acres in the ARE-2 District. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the conventional concept plan shall be the maximum number of lots permitted under an open lands subdivision.

At least 50% of the tract if located in the ARE-2 District shall be designated as "open lands" and shall, as a condition of approval of the development, be deed restricted for agricultural or conservation use. Lots qualifying as open lands shall be permitted a primary residence and other accessory building uses as provided in this section. Development density shall be one unit per acre.

At least 20% of designated "open lands" shall be some combination of unconstrained land area, or prime soils or soils of statewide importance, or prime forested area. On tracts in areas which are predominantly active agricultural lands or consist of prime agricultural soils or soils of statewide importance, the preservation of agricultural lands and soils shall take precedence. On tracts in areas which are predominantly prime forested areas, the preservation of forested areas shall take precedence.

All lots created under this subdivision option shall be deed restricted against further subdivision for the purpose of creating an additional lot or lots.

The design of the development utilizing this option shall foster the following objectives: retention of contiguous farmland areas; retention of contiguous prime forested areas; stream corridor and wetlands preservation; aquifer recharge protection; overall site design; reduction of impervious coverage; traffic circulation; and sensitivity to the site's natural features, topography and relationship to open lands on neighboring parcels.

The applicant is advised to submit a concept plan of the open lands subdivision for review and comment in accordance with this chapter.

Lot averaging subdivisions. This option is permitted in the ARE-2 District in accordance with the following standards.

The lot averaging development plan shall not result in a greater dwelling unit yield than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for a lot averaging subdivision, a conforming plan of a conventional subdivision shall be submitted, based on a minimum lot size of two acres in the ARE-2 District. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the conventional concept plan shall be the maximum number of lots permitted under an open lands subdivision.

A lot averaging subdivision may be permitted when the applicant proposes a distribution of lot areas within the subdivision that results in at least 60% of the lots having a minimum lot area between one acre and three acres except in the case of a two-lot subdivision, in which case one of the two lots shall be one acre to three acres.

The proposed development shall comply with the bulk and dimensional standards contained in Schedule III.[5]

Editor's Note: Schedule III is included as an attachment to this chapter.

All lots created under this subdivision option shall be deed restricted against further subdivision for the purpose of creating an additional lot or lots.

The applicant is advised to submit a concept plan of the lot averaging subdivision for review and comment in accordance with this chapter.

To qualify under this section, farmland preservation property must consist of a lot, tract or parcel with a minimum contiguous acreage of 15 acres.

The owner of the lot, tract or parcel of land who intends to place a portion of such property into farmland preservation shall be entitled to subdivide one or more residential lots 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.

The number of lots subdivided shall be in accordance with the following table:

Range by Acres	Permitted Lots
15 to 29.99	1
30 to 49.99	2
50 or more	3

The subdivided residential lot shall meet the following zoning requirements:

Minimum lot area: 1 acre.

Lot frontage: 100 feet.

Minimum front yard setback: 50 feet.

Minimum rear yard setback: 40 feet.

Minimum side yard: 30 feet.

Maximum height: 30 feet.

Building coverage: 10%.

[8]

Lot coverage: 15%.

[9]

Accessory buildings: side and rear yards shall equal building height.

§ 188-70 Residential 2 (R-2) and Residential 3 (R-3).

Purpose. The purpose of the R-2 and R-3 Zoning Districts is to permit infill development at moderate densities within the established centers identified in the Howell Township Master Plan.

Permitted uses.

Principal uses.

Single-family residences.

Agriculture and horticulture; however, buildings housing livestock shall be set back at least 75 feet from all property lines.

Community residences for the developmentally disabled and community shelters for victims of domestic violence that contain less than six occupants.

Multigenerational family accommodations.

[Added 6-12-2018 by Ord. No. O-18-8]

Accessory uses. Accessory uses customarily incidental and ancillary to a permitted use.

Conditional uses.

Houses of worship.[1]

Editor's Note: Former Subsection B(3)(b), which allowed schools with state-approved curricula as a conditional use, which immediately followed this subsection, was repealed 5-20-2014 by Ord. No. O-14-13; former Subsection B(3)(c), pertaining to community residences, which immediately followed this former Subsection B(3)(b), was repealed 7-26-2005 by Ord. No. O-05-23.

Inclusion of Block 138, Lots 32 and 32.01 (formerly known as Site 3 in the R-3 Zone); modifications. Block 138, Lots 32 and 32.01 (formerly known as Site 3) shall be zoned R-3 with the following specific modifications:

[Added 11-15-2004 by Ord. No. O-04-63; amended 8-12-2008 by Ord. No. O-08-28]

Minimum lot area (patio/zero lot line): 5,000 square feet.

Minimum lot frontage (patio/zero lot line): 40 feet.

Minimum lot width (patio/zero lot line): 50 feet.

Minimum side yard (patio/zero lot line): zero feet one side; 15 feet second side; 25 feet for on-street side for corner lot.

Minimum setback from street line (patio/zero lot line): 25 feet.

Minimum rear yard (patio/zero lot line): 20 feet.

Maximum building height (patio/zero lot line): 30 feet.

Maximum impervious surface coverage:

Single-family detached: 50%.

Patio/zero lot line: 60%.

Accessory building location: same as R-2.

Inclusion of Block 3, Lot 15 (formerly known as Site 9 in the R-3 Zone); modifications. Block 3, Lot 15 (formerly known as Site 9) shall be zoned R-3 with the following specific modifications:

[Added 11-15-2004 by Ord. No. O-04-63]

Maximum density: 105 housing units with the 8,000 square feet lot and 75 feet frontage requirement being reduced to 7,000 square feet and 60 feet frontage, up to 20% of the lots, provided the average lot size and frontage for the development, other than zero lot line homes remains 8,000 square feet and 75 feet, respectively.

Up to 50% of the proposed lots may be zero lot line homes with no side yard on one side with lesser front yard setback and rear yard as defined in the schedule of bulk dimensional, height and related requirements for the R-3 Single-Family Detached Clustered Zone, as modified, above, for Block 138, Lots 32 and 32.01 (formerly known as Site 3). Zero lot line homes will not be considered in determining the average lot size and frontages for purposes of the requirements of Subsection D(1) above.

Special note: No other standards or restrictions for the R-3 Single-Family Detached Clustered Zone shall be applicable to this site, except for design standards generally applicable to all single-family developments.

The Zoning Map of the Township of Howell, as amended, is hereby further amended to include Block 138, Lots 32 and 32.01 (formerly known as Site 3), and Block 3, Lots 15 (formerly known as Site 9), as part of the R-3 Zone District.

Inclusion of Block 165, Lots 6 and (formerly known as Site 10B) in the R-2 Zone; modifications:

[Added 11-15-2004 by Ord. No. O-04-63]

The Zoning Map of the Township of Howell, as amended, is hereby further amended to provide that Block 165, Lots 6 and 7, is designated as a portion of the R-2 Detached Single-Family Clustered Zone.

The requirements of the R-2 Detached Single-Family Clustered Zone is hereby specifically modified as follows. The following modifications shall supersede any inconsistent provision in this chapter concerning the R-2 Detached Single-Family Clustered Zone and shall nullify, to the degree necessary, any existing provision of said zoning requirements that would prevent the implementation of any of the following specific modifications. The modification is as follows:

Maximum density: 2.5 units per net acre with a maximum yield of 100 housing units.

Front setback from street line: 25 feet with average setback of 30 feet.

§ 188-71 Residential 50 (R-50).

Purpose. The purpose of the R-50 Zone is to acknowledge the established character and pattern of development in the Freewood Acres area of the Township.

Permitted uses.

Principal uses.

Single-family residences.

Community residences for the developmentally disabled and community shelters for victims of domestic violence that contain less than six occupants.

Multigenerational family accommodations.

[Added 6-12-2018 by Ord. No. O-18-8]

Accessory uses. Accessory uses customarily incidental and ancillary to a permitted use.

Conditional uses.

Houses of worship.[1]

Editor's Note: Former Subsection B(3)(b), which allowed schools with state-approved curricula as a conditional use, which immediately followed this subsection, was repealed 5-20-2014 by Ord. No. O-14-13; former Subsection B(3)(c), pertaining to community residences, which immediately followed former Subsection B(3)(b), was repealed 7-26-2005 by Ord. No. O-05-23.

§ 188-72 Residential (R-4).

Purpose. The purpose of the R-4 Zone is to provide for a variety of housing opportunities in areas of the Township where multifamily development presently exists.

Permitted uses.

Principal uses.

Single-family residences.

Attached and semi-attached housing.

Garden apartments.[1]

Editor's Note: Former Subsection B(1)(d), pertaining to community residences, which immediately followed this use, was repealed 7-26-2005 by Ord. No. O-05-23.

Multigenerational family accommodations.

[Added 6-12-2018 by Ord. No. O-18-8]

Accessory uses. Accessory uses customarily incidental and ancillary to a permitted use.

Conditional uses.

Houses of worship.

(Reserved)[2]

Editor's Note: Former Subsection B(3)(b), which allowed schools with state-approved curricula as a conditional use, was repealed 5-20-2014 by Ord. No. O-14-13.

Community centers.[3]

Editor's Note: Former Subsection B(3)(d), pertaining to community residences, which immediately followed this use, was repealed 7-26-2005 by Ord. No. O-05-23.

Inclusion of Block 142, Lots 15, 15.01, 16 and 24 (formerly known as Site 1 in the R-4 Zone); modifications. Block 142, Lots 15, 15.01, 16 and 24 (formerly known as Site 1) shall be zoned R-4 with the following specific modifications:

[Added 11-15-2004 by Ord. No. O-04-63]

Number of dwelling units: 208.

All proposed units within development shall be sold.

Maximum number of bedrooms per units: two.

Maximum number of dwelling units per building: 12.

Number of units required to be set aside for low- and moderate-income buyers: zero.

The R-4 Garden Apartment Zone setback requirements shall not be applied to property lines of the development coinciding with municipal boundaries in the event a comprehensive and cohesive development plan is approved on adjacent lands in the neighboring municipality.

Areas to be utilized for detention and/or retention facilities as part of the stormwater management plan for the development shall be considered toward meeting the open space requirements of the R-4 Zone and § 188-178D, in the event locating such facilities outside of open space areas would result in the reduction of the number of units below 208.

Provided a comprehensive and cohesive development plan is approved on this property and on lands owned by the developer adjoining this property in the neighboring municipality, the requirements of § 188-178D may be met as applied to the entire property being developed in both municipalities.

Notwithstanding any other provisions of this chapter, no fiscal, social or community impact statement shall be required in connection with any development application related to the approval of the development by the Planning Board.

No development application shall be deemed complete unless it is consistent with the Settlement Agreement dated July 29, 1996, and any approval granted for development under this section shall be conditioned upon compliance with each and every provision of the Settlement Agreement.

§ 188-73 Residential Age-Restricted Zone (R-5).

[Added 10-20-2003 by Ord. No. O-03-37]

Purpose. The purpose and intent of the R-5 District is to provide for the development of an age-restricted housing project in accordance with applicable federal laws and regulations. This may include recreational facilities and other amenities for its residents.

Definitions. The following terms shall apply to the R-5 Residential Age-Restricted District:

AGE-RESTRICTED HOUSING

A residential community that qualifies as 55 and over restricted housing in accordance with the Federal Fair Housing Act, as amended.

RECREATIONAL FACILITIES

May include items such as but not limited to buildings for recreational uses, biking paths, walking paths, tennis courts, shuffleboard courts, swimming pools, clubhouses, and similar recreational improvements related to the age-restricted housing development.

Permitted uses.

Principal uses: age-restricted multifamily dwellings.

Accessory uses.

Recreational facilities.

Off-street parking facilities.

Utility structures.

Conditional uses: none.

Tract requirements.

Ownership and control. The tract shall be under one ownership or control by the applicant for purposes of obtaining all required development approvals and committing the tract to the regulations of the Residential Age-Restricted District.

Maximum tract density: 7.0 dwelling units per gross acre but not to exceed a total of 100 residential units.

Minimum tract area: 10 acres.

Minimum tract frontage: 200 linear feet.

Minimum tract perimeter landscaping: 30 feet, which may include fencing in addition to vegetative screening. All other buffer or similar requirements set forth in this chapter or Chapter 247, Riparian Buffer/Stream Corridor, that are otherwise applicable to residential zones shall not apply to the R-5 District.

Minimum tract open space: 25%.

Area, yard and building requirements.

[Amended 10-5-2015 by Ord. No. O-15-38]

Minimum building setback from right-of-way		50 feet
Minimum building setback from all other property lines		30 feet
Maximum lot coverage
	Buildings	15%
	Impervious	25%
Minimum distance between buildings		50 feet
Maximum building height		45 feet
Maximum stories		2 1/2 stories
Maximum number of units per building		32

Minimum parking requirements. Parking spaces shall be provided in accordance with the requirements of the New Jersey Residential Site Improvement Standards (RSIS). Garden apartment ratios shall be utilized in determining the minimum required number of off-street parking spaces. Off-street parking spaces may be provided in surface parking lots or underneath residential buildings.

Deed restrictions. Approval of an age-restricted housing project in the Township shall be conditioned upon the submission by the applicant to the approving board attorney of restrictive covenants on the deeds to any and all portions of a tract so developed, to insure that qualifications under the Federal Fair Housing Act, as amended, shall at all times be maintained.

Dedication of open space. Open space on the tract may be maintained by the owner, a tenant association, or condominium association, or may be dedicated to the Township of Howell as determined by the Planning Board. The area of such dedicated open space shall continue to be considered as part of the tract area for purposes of compliance with the R-5 Zone bulk regulations.

Relationships to other sections this chapter. Where the regulations of the R-5 Zone conflict with any other regulations of this chapter, the regulations contained in this section for the R-5 Zone shall apply.

§ 188-73.1 (Reserved)

§ 188-73.2 (Reserved)

§ 188-73.3 (Reserved)

§ 188-73.4 (Reserved)

§ 188-73.5 Planned Mixed Use District (PMU).

[Added 4-24-2007 by Ord. No. O-07-13; amended 3-24-2009 by Ord. No. O-09-10]

Purpose and intent. The PMU District is being created to assist the Township in complying with its affordable housing obligations.

Permitted uses. The following shall be permitted in the PMU District:

Principal uses.

Residential rental dwelling units which may be configured as single-family attached, townhomes (including "back-to-back" or "stacked" configurations), and multifamily dwellings.

Commercial uses, including:

Retail sales and services.

Offices, including medical offices and centers, professional services and financial institutions.

Restaurants and related food preparation, sales and service establishments.

Entertainment uses.

Education uses including schools, training facilities, day-care centers, and learning support centers.

Housing of worship, social services or related government functions.

Special-needs residential facilities which provide common living areas shared by a number of separate bedrooms as licensed and permitted by the State of New Jersey.

[8]

In conjunction with the uses enumerated above, provisions for drive-through, pickup or take-out facilities.

[9]

Microbrewery.

[Added 7-18-2017 by Ord. No. O-17-22]

[10]

Schools, commercial.

[Added 7-18-2017 by Ord. No. O-17-22]

Conditional uses: none.

Accessory uses. The following accessory uses are permitted:

Sheds, decks, fences, signs and entry features located in a manner that is consistent with a plan approved by the Planning Board at the time the development receives its development approvals which authorizes specific locations or typical locations for each dwelling type. Sheds may only be for the storage of equipment by the property owner and shall not be used as additional storage for a tenant of any particular unit.

Recreation facilities, structures, buildings and parks for the use of the residents of the community. Such open space and community facilities must be owned, operated and maintained by the property owner. Any community building may be used to provide services and activities primarily for the benefit and enjoyment of the residents of the community that may include such diverse activities as medical screenings, classes or lectures whether provided for a fee or free of charge, craft fairs or other temporary retail uses, incidental sales of tickets for travel or events, etc.

Home occupations as per § 188-64.

Utilities and related services, such as transformers, pumping stations, treatment facilities, meters, etc., necessary for the proper distribution and monitoring of these services.

Sales and construction offices and storage of materials and equipment associated with and necessitated by the development of the tract for the uses approved by the Planning Board in conformance with any phasing requirements set forth by the Board.

Off-street parking and loading areas consistent with New Jersey's Residential Site Improvement Standards.

Area, yard, bulk and architectural requirements. The following tract requirements shall apply:

The following intensity and design ratios are applicable to the entire tract and shall not be applied to any individual lot or lots which may be created as part of the overall plan of development:

Maximum number of dwellings: 272.

[Amended 4-20-2015 by Ord. No. O-15-02]

Maximum commercial square footage: 30,000 square feet.

Maximum building coverage: 30%.

Maximum impervious coverage: 70%.

An additional 46 fair market rate units, with a set-aside of six affordable units shall be provided. In the event 44 fair market rate units are approved, then there shall be a set-aside of four affordable units.

[Added 4-20-2015 by Ord. No. O-15-02]

Landscape buffers and setbacks. A landscaped buffer of a minimum width of 50 feet shall be provided along any tract boundary, except where such boundary abuts public open space or lands to be dedicated as public or private open space, in which instance the required buffer shall not be less than 10 feet.

Setbacks applicable to buildings:

For residential buildings which front on streets and in which the units are of a "through" configuration with portions of the interior of the unit at both of the front and rear of the building (i.e., single-family attached or townhomes, stacked townhomes and flats. Back-to-back townhomes would use two front yard requirements.):

Minimum distance from cartway of internal street with driveways: 25 feet.

Minimum distance from garage face to back of sidewalk: 20 feet.

Minimum distance from cartway of internal street side: 12 feet.

Minimum distance from side of building to side of building: 30 feet.

Minimum distance from rear of building to side of building: 40 feet.

Minimum distance from rear of building to rear of building: 50 feet.

For all other residential or residential portions of mixed-use buildings:

Minimum distance from cartway of internal street with driveways: 25 feet.

Minimum distance from garage face to back of sidewalk: 20 feet.

Minimum distance from cartway of internal street or parking area: 12 feet.

Minimum distance between buildings: 60 feet.

Recreational requirements.

Recreational facilities including sidewalks and pedestrian pathways, small parks and gathering areas with seating, picnic areas with graded grass areas for spontaneous activities and other recreational amenities may be located within the development at the discretion of the applicant.

Provision for long-term maintenance of all open lands and recreational uses must be provided in a manner satisfactory to the Planning Board, and the responsibility for the cost of such maintenance shall be borne by the applicant.

Active recreational opportunities provided within the residential community may be restricted against use by nonresidents of the community if owned and maintained by the property owner and shall be accessible to residents in perpetuity.

Additional architectural requirements.

Maximum height: two stories inclusive of the garage level.

The commercial portion of the development otherwise shall be exempt from the building design standards found in Ordinance No. 0-06-32.[1] The residential portion of the development shall be exempt from the building design standards found in Ordinance No. 0-06-32.

Editor's Note: See Art. XXV, Community Design Standards.

Mechanical equipment or other utility hardware on roofs, the ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways.

Additional requirements and exceptions from other requirements.

The development application is exempt from review related to the presence or absence of historic or cultural resources, and is exempt from any municipal requirements pertaining to endangered species or habitat.

The development application is exempt from any generally applicable fees charged by the municipality for recreation, tree replacement, open space preservation, or similar fees. No off-tract infrastructure requirements may be assessed or assigned to the development for any roadway improvements by the municipalities. Any off-site improvements or payments in lieu thereof related to the provision of potable water and sanitary service provision shall be imposed on a fair share basis strictly in accordance with N.J.S.A. 40:55D-42.

The application must be based upon an overall plan depicting the areas of commercial and residential development for the tract as a whole. The Planning Board may not impose any specific phasing requirement which links the date of occupancy of any or all of the uses.

The affordable housing obligation for this tract is 60 affordable family units which shall be deed restricted pursuant to N.J.A.C. 5:80-26.1 et seq. and will comply with all of COAH's rules with respect to accessibility.

As inclusionary development, all applications are subject to the provisions of N.J.A.C. 5:97-8 et seq. which set forth limitations on application requirements and provide a standard of review for the Planning Board for necessary variances or deviations necessary to accomplish the intent of this district.

§ 188-74 Environmentally-Sensitive Low-Density Residential 6 Zone (R-6)

[Added 10-20-2003 by Ord. No. O-03-37]

Purpose. The purpose and intent of the R-6 District is to permit single-family residential housing while also preserving open space and environmentally sensitive land by means of cluster development.

Permitted uses.

Principal uses: single-family residences.

Accessory uses: accessory uses customarily incidental and ancillary to a permitted use.

Conditional uses: none.

Tract requirements.

Tract requirements. The tract shall be under one ownership or control by the applicant for purposes of obtaining all required development approvals and committing the tract to the regulations of the R-6 District.

Maximum tract density: 0.65 dwelling unit per gross acre.

Minimum tract area: 40 acres.

Minimum tract frontage: 500 linear feet.

Minimum perimeter buffer: 100 feet, except along Maxim Southard Road, where a fifteen-foot landscaped buffer shall be required. Buffers may be provided on single-family residential lots, or alternatively, as part of the common/dedicated open space. All other open space, buffer or similar requirements set forth in this chapter or Chapter 247 that are otherwise applicable to residential zones shall not apply to the R-6 District, it being intended that the minimum buffer requirement set forth in this subsection shall be the sole buffer requirement in the R-6 District.

Minimum tract open space: 60%.

Area, yard and building requirements.

Minimum lot area		12,000 square feet
Minimum lot frontage		60 feet
Minimum front yard setback		25 feet
Minimum side yard setback		10 feet
Minimum rear yard setback		30 feet
Maximum lot coverage
	Buildings	35%
	Impervious	60%
Maximum building height		38 feet
Maximum stories		2 1/2 stories
Minimum accessory building setbacks
	Side	5 feet
	Rear	5 feet

Minimum parking requirements. Parking spaces shall be provided in accordance with the requirements of the New Jersey Residential Site Improvement Standards (RSIS).

Dedication of open space. Open space or buffers on the tract may be owned and maintained by individual owners or a homeowners' association, or may be dedicated to the Township of Howell as determined by the Planning Board. The area of such dedicated open space shall continue to be considered as part of the tract area for purposes of compliance with the R-6 Zone bulk regulations.

Relationships to other sections of this chapter. Where the regulations of the R-6 Zone conflict with any other regulations of this chapter, the regulations contained in this section for the R-6 Zone shall apply.

Public sewer service. Sanitary sewer service is required for development under the area, yard and building requirements of Subsection D of this section.

§ 188-75 Neighborhood Commercial Zone (NC).

Purpose. The purpose of the NC District is to provide for limited retail sales and services uses in areas where they presently exist.

Permitted uses.

Principal uses.

Retail sales and services.

Offices, fiduciary institutions.

Restaurants.

Community theaters and playhouses.

Adult day-care facilities.

[Added 4-9-2013 by Ord. No. O-13-07]

Microbrewery.

[Added 7-18-2017 by Ord. No. O-17-19]

Schools, commercial.

[Added 7-18-2017 by Ord. No. O-17-19]

Health club facilities/fitness centers.

[Added 7-12-2022 by Ord. No. O-22-41]

Craft distillery.

[Added 7-12-2022 by Ord. No. O-22-41]

Accessory uses: accessory uses customarily incidental and ancillary to a permitted use.

Conditional uses:

[Amended 5-20-2014 by Ord. No. O-14-13; 7-12-2022 by Ord. No. O-22-41]

Churches, synagogues and other places of worship.

Prohibited uses.

[Added 5-15-2007 by Ord. No. O-07-19]

Sexually oriented business as defined in § 188-4.

Tattoo, body piercing or branding establishments.

§ 188-76 Highway Commercial Zone (HC).

Purpose. The purpose of the HC Zone is to provide for highway-oriented development in the Route 9 corridor on lots which would not otherwise conform to the Highway Development Zone standards due to the established pattern of lotting.

Permitted uses.

Principal uses:

Offices.

Financial institutions.

Health-care facilities/medical centers.

[Amended 7-18-2017 by Ord. No. O-17-20]

Entertainment uses.

Retail sales.

Retail services.

Adult day-care facilities.

[Added 4-9-2013 by Ord. No. O-13-07]

Health club facilities/fitness centers.

[Added 7-18-2017 by Ord. No. O-17-20]

Indoor recreation.

[Added 7-18-2017 by Ord. No. O-17-20]

Microbrewery.

[Added 7-18-2017 by Ord. No. O-17-20]

Schools, commercial.

[Added 7-18-2017 by Ord. No. O-17-20]

Restaurants, with and without drive-through.

[Added 8-17-2021 by Ord. No. O-21-22]

Accessory uses: accessory uses customarily incidental and ancillary to a permitted use.

Conditional uses.

Houses of worship.

Auto service.

Car washes.

Schools, in accordance with § 188-93.

[Amended 5-20-2014 by Ord. No. O-14-13]

Telecommunications facilities.

[Added 4-22-2002 by Ord. No. O-02-8]

Prohibited uses.

[Added 5-15-2007 by Ord. No. O-07-19]

Sexually oriented business as defined in § 188-4.

Tattoo, body piercing or branding establishments.

§ 188-77 Highway Development 1 (HD-1).

Purpose. The purpose of the HD-1 Zone is to provide for highway-oriented development in the Route 9 corridor on larger lots than permitted in the HC Zone.

Permitted uses.

Principal uses:

Offices.

Financial institutions.

Health-care facilities/medical centers.

[Amended 7-18-2017 by Ord. No. O-17-18]

Hospitals.

Restaurants without drive-through or take-out.

Restaurants with drive-through or take-out.

Entertainment uses.

Retail sales.

Retail services.

Home improvement centers.

Tattoo and body piercing.

[Added 5-10-2011 by Ord. No. O-11-10]

Adult day-care facilities.

[Added 4-9-2013 by Ord. No. O-13-07]

Health club facilities/fitness centers.

[Added 7-18-2017 by Ord. No. O-17-18]

(n)

Indoor recreation.

[Added 7-18-2017 by Ord. No. O-17-18]

Microbrewery.

[Added 7-18-2017 by Ord. No. O-17-18]

(p)

Schools, commercial.

[Added 7-18-2017 by Ord. No. O-17-18]

(q)

Craft distillery.

[Added 2-23-2021 by Ord. No. O-21-6]

(r)

Assisted-living facilities.

[Added 2-23-2021 by Ord. No. O-21-6]

(s)

Self-storage facilities.

[Added 3-21-2023 by Ord. No. 23-6]

Accessory uses: accessory uses customarily incidental and ancillary to a permitted use.

Conditional uses:

Houses of worship.

(Reserved)[1]

Editor's Note: Former Subsection B(3)(b), schools, amended 5-20-2014 by Ord. No. O-14-13, was repealed 7-20-2015 by Ord. No. O-15-24.

Auto sales.

Auto services.

Auto auctions.

Car washes.

Telecommunications facilities.[2]

[Added 4-22-2002 by Ord. No. O-02-8]

Editor's Note: Former Subsection B(3)(h), Hotel and/or conference center, added 8-15-2006 by Ord. No. O-06-23, which immediately followed this subsection, was repealed 5-19-2009 by Ord. No. O-09-20.

Commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops.

[Added 12-15-2009 by Ord. No. O-09-59]

Gasoline station convenience center.[3]

[Added 12-13-2011 by Ord. No. O-11-47]

Editor's Note: Former Subsection B(3)(i), Billboards, added 9-21-2010 by Ord. No. O-10-20, was removed pursuant to Ord. No. O-11-40, adopted 11-1-2011.

Automobile repair services/auto body.

[Added 7-18-2017 by Ord. No. O-17-18]

Prohibited uses.

[Added 5-15-2007 by Ord. No. O-07-19]

Sexually oriented business as defined in § 188-4.[4]

Editor’s Note: Former Subsection C(2), which listed tattoo, body piercing or branding establishments as a prohibited use, and which immediately followed this Subsection C(1), was repealed 6-28-2011 by Ord. No. O-11-19. See now Subsection B(1), Permitted principal uses.

§ 188-78 Highway Development 2 (HD-2).

Purpose. The purpose of the HD-2 Zone is to provide for the appropriate nonretail development of the Route 33 corridor.

Permitted uses.

Principal uses:

Offices.

Financial institutions.

Health-care facilities/medical centers.

[Amended 7-18-2017 by Ord. No. O-17-23]

Hospitals.

Restaurants without drive-through.

[Amended 8-12-2008 by Ord. No. O-08-23]

Adult day-care facilities.

[Added 4-9-2013 by Ord. No. O-13-07]

Health club facilities/fitness centers.

[Added 7-18-2017 by Ord. No. O-17-23]

Indoor recreation.

[Added 7-18-2017 by Ord. No. O-17-23]

Microbrewery.

[Added 7-18-2017 by Ord. No. O-17-23]

Schools, commercial.

[Added 7-18-2017 by Ord. No. O-17-23]

Retail sales.

[Added 7-18-2017 by Ord. No. O-17-23]

Retail services.

[Added 7-18-2017 by Ord. No. O-17-23]

Restaurants with drive through.

[Added 7-18-2017 by Ord. No. O-17-23]

Accessory uses: accessory uses customarily incidental and ancillary to a permitted use.

Conditional uses:

Church, synagogue or other place of worship.

[Amended 7-12-2022 by Ord. No. O-22-33]

Schools, in accordance with § 188-93.

[Amended 5-20-2014 by Ord. No. O-14-13]

Telecommunications facilities.[1]

[Added 4-22-2002 by Ord. No. O-02-8]

Editor's Note: Former Subsection B(3)(d), Hotel and/or conference center, added 8-15-2006 by Ord. No. O-06-23, which immediately followed this subsection, was repealed 5-19-2009 by Ord. No. O-09-20.

Commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops.

[Added 12-15-2009 by Ord. No. O-09-59]

Gasoline station convenience center.[2]

[Added 12-13-2011 by Ord. No. O-11-47]

Editor's Note: Former Subsection B(3)(e), Billboards, added 9-21-2010 by Ord. No. O-10-20, was removed pursuant to Ord. No. O-11-40, adopted 11-1-2011.

Used automobile auction sales.

[Added 7-12-2022 by Ord. No. O-22-33]

Sales and showrooms for new and used automobiles.

[Added 7-12-2022 by Ord. No. O-22-33]

Automobile service station.

[Added 7-12-2022 by Ord. No. O-22-33]

Automobile repair/auto body.

[Added 7-12-2022 by Ord. No. O-22-33]

Trade contractor business.

[Added 7-12-2022 by Ord. No. O-22-33]

Landscape business.

[Added 7-12-2022 by Ord. No. O-22-33]

Prohibited uses.

[Added 5-15-2007 by Ord. No. O-07-19]

Sexually oriented business as defined in § 188-4.

Tattoo, body piercing or branding establishments.

§ 188-78.1 (Reserved)

§ 188-78.2 Highway Development 3 (HD-3).

[Added 4-24-2007 by Ord. No. O-07-10; amended 8-21-2007 by Ord. No. O-07-33; 8-12-2008 by Ord. No. O-08-23; 8-12-2008 by Ord. No. O-08-29; 5-19-2009 by Ord. No. O-09-21]

Purpose. The purpose of the HD-3 Zone is to provide for highway development along highway corridors that will provide a balance of social, economic and cultural opportunities for residents while maximizing existing transportation and other infrastructure along highway corridors.

Permitted uses.

Principal uses:

[Amended 12-11-2012 by Ord. No. O-12-22; 4-9-2013 by Ord. No. O-13-07; 4-6-2015 by Ord. No. O-15-16]

Offices for business, professional, medical, governmental or educational services.

Financial institutions.

Retail sales and services.

Health-care facilities/medical centers.

[Amended 7-18-2017 by Ord. No. O-17-17]

(Reserved)

Restaurants with or without drive-through facilities.

Age-restricted single-family residences, as provided in Subsections F through L of § 188-78.2.

Adult day-care facilities.

Health club facilities/fitness centers.

[Added 7-18-2017 by Ord. No. O-17-17]

Microbrewery.

[Added 7-18-2017 by Ord. No. O-17-17]

Indoor recreation.

[Added 7-18-2017 by Ord. No. O-17-17]

Schools, commercial.

[Added 7-18-2017 by Ord. No. O-17-17]

Flex space.

[Added 6-14-2022 by Ord. No. O-22-30]

Accessory uses. Accessory uses customarily incidental and ancillary to a permitted use.

Conditional uses:

Church, synagogue or other place of worship.

[Amended 6-14-2022 by Ord. No. O-22-30]

Day-care facilities.

[Amended 5-20-2014 by Ord. No. O-14-13; 4-6-2015 by Ord. No. O-15-16]

Telecommunication facilities.

(Reserved)[1]

Editor's Note: Former Subsection B(3)(d), which permitted commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops as conditional uses in the HD-3 District, added 12-15-2009 by Ord. No. O-09-59, was repealed 4-6-2015 by Ord. No. O-15-16.

Gasoline station convenience center.[2]

[Added 12-13-2011 by Ord. No. O-11-47]

Editor's Note: Former Subsection B(3)(e), Billboards, added 9-21-2010 by Ord. No. O-10-20, was removed pursuant to Ord. No. O-11-40, adopted 11-1-2011.

Used automobile auction sales.

[Added 6-14-2022 by Ord. No. O-22-30]

Sales and showrooms for new and used automobiles.

[Added 6-14-2022 by Ord. No. O-22-30]

Automobile service station.

[Added 6-14-2022 by Ord. No. O-22-30]

Automobile repair/auto body.

[Added 6-14-2022 by Ord. No. O-22-30]

Trade contractor business.

[Added 6-14-2022 by Ord. No. O-22-30]

Landscape business.

[Added 6-14-2022 by Ord. No. O-22-30]

Prohibited uses:

[Added 4-6-2015 by Ord. No. O-15-16]

Sexually oriented businesses such as adult book stores; tattoo and body piercing parlors; and pool/billiard halls.

Nonresidential development. Unless otherwise provided in this section, the bulk standards for commercial development shall be the same as § 188-76, Highway Commercial Zone, and Schedule II, Bulk and Dimensional Requirements for Nonresidential Zones.[3]

Editor's Note: Schedule II is included as an attachment to this chapter.

Preexisting single-family residences. Unless otherwise provided in this section, all preexisting single-family dwelling units shall be grandfathered as a permitted use and shall be subject to the R4 bulk requirements identified in Schedule II, Bulk and Dimensional Requirements for Residential Zones, effective as of May 19, 2009.[4]

Editor's Note: Schedule II is included as an attachment to this chapter.

Any age-restricted unit legally existing or having received preliminary or final approval as of May 19, 2009, shall be subject to the standards as identified within § 188-78.2, provided no further subdivision of land occurs.

Age-restricted single-family developments and converted age-restricted developments general requirements.

[Added 12-11-2012 by Ord. No. O-12-22; amended 4-6-2015 by Ord. No. O-15-16]

Age-restricted single-family developments general requirements are as follows:

Minimum tract area: 40 acres.

Total residential gross density shall not exceed three units to the acre and no more than 200 units shall be provided as part of a planned mixed-use age-restricted development and converted age-restricted development.

Minimum tract frontage: 200 linear feet on a collector or arterial roadway.

No residential structure shall be located closer than 400 feet to the state highway.

A fifty-foot berm with landscaping and decorative fencing shall be required along the state highway frontage.

(Reserved)[5]

Editor's Note: Former Subsection G, which contained commercial components for planned mixed-use age-restricted developments and converted age-restricted developments, added 12-11-2012 by Ord. No. O-12-22, was repealed 4-6-2015 by Ord. No. O-15-16.

Planned mixed-use age-restricted developments and converted age-restricted developments residential component standards.

[Added 12-11-2012 by Ord. No. O-12-22]

Purpose. The purpose and intent of this use is to enable the development of planned age-restricted projects that address the needs of active seniors by providing immediate access to cultural, commercial, recreational and professional services, as well as access to transportation services.

This subsection shall acknowledge that all prior approvals in this zone shall remain valid and in full force and effect and all valid preexisting nonconforming prior approvals in this zone.

CONVERTED AGE-RESTRICTED DEVELOPMENT

Definitions. The following terms shall apply to age-restricted housing:

ACTIVE SENIOR

An adult of 55 years of age or older who may still be employed full time and is capable of independent living (not requiring assistance) who may utilize the recreational amenities available in the development.

A development which was first approved as an age-restricted development but was later lawfully converted to a non-age-restricted development pursuant to the enabling statute.

Permitted principal uses:

Detached or semidetached single-family dwellings on fee-simple lots for owner occupancy.

Attached townhouse and duplex structures.

Total residential component of a planned mixed-use age-restricted development and converted age-restricted development shall not exceed 200 units.

Required open space and recreational facility requirements:

Eight-hundred square feet of usable land shall be provided per dwelling unit in the form of usable open space for neighborhood commons, greens or gardens. Open space shall not be inclusive of wetland areas.

Recreational facilities. All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey and all other applicable codes and standards.

Accessory uses:

Administration and security buildings related to the project.

Individual storage sheds and patios located in a manner that is consistent with a plan approved by the Planning Board.

Off-street parking facilities.

Recreational facilities.

Ownership, management and maintenance.

The applicant shall establish a homeowners' or occupants' association, which shall be responsible for the following:

Management of roadway, recreation facilities, security, internal transportation and open space, which shall be owned and maintained by the association and include all residents. Notification of this provision is to be included in the contract of sale and/or rent for each dwelling unit.

The association shall own and be responsible for the maintenance, repair and reconstruction of all buildings and lands owned by the residents of the community in common with one another. Such lands shall include, at a minimum, all recreational areas, open space, and drainage facilities required by the Township Planning Board.

All open space areas shall be protected by legal arrangements, satisfactory to the Planning or Zoning Board Attorney, sufficient to assure their maintenance and preservation for their intended purpose.

Covenants or other legal arrangements, including associations, shall specify ownership of the area; method of maintenance; responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain the area will not be dissolved without the consent of the Township Planning Board; and any other specifications deemed necessary by the Planning Board.

Affordable housing.

Each proposal shall provide for affordable housing equal to a minimum of 20% of the total number of units proposed to be developed in the planned mixed-use age-restricted developments and converted age-restricted developments or pay applicable development fees. Affordable units may be situated in higher-density forms of permitted residential units, such as attached townhouse units, semidetached ("twin") homes, and/or duplexes. All affordable units must qualify as "family" units under applicable affordable housing regulations of the State of New Jersey, except that the Planning Board may approve other types of affordable units should the Township's Housing Plan change as a result of new state affordable housing requirements.

[Amended 4-6-2015 by Ord. No. O-15-16]

Eighty percent of the affordable family units must contain no more than two bedrooms and 20% of the affordable family units must contain no more than three bedrooms.

Planned mixed-use age-restricted developments and converted age-restricted developments residential component design requirements.

[Added 12-11-2012 by Ord. No. O-12-22]

Residential building types shall be limited to detached single-family dwellings on fee-simple lots, except that higher-density building types such as semidetached single family "twins" (single-family on fee-simple lot attached on one side to another single-family unit on a separate fee-simple lot), attached townhouse units, or duplexes (two units on one lot) may be used to provide affordable units required in this section.

The following accessory uses are permitted:

Common recreational facilities, recreation centers and/or clubhouses as specifically approved by the Board within specified open space areas in order to satisfy the needs of the residential population within the subject portion of the development.

Landscaping features including benches, trellises, gazebos and other such features customarily associated with residential uses, as the case may be.

Fences, walls and retaining walls if specifically approved by the Board as part of the site plan approval.

Off-street parking and private garages in accordance with Article XIV entitled "Residential Design Standards," of the Revised General Ordinances of the Township of Howell.

Not more than one vestibule attachment between a principal building and a detached garage. For purposes of this subsection, such vestibule attachment may be enclosed, but shall not cause the detached garage to be deemed part of the principal building for purposes of setback requirements.

Signs in accordance with those design provisions specified in Subsection L and § 188-230.

Sanitary sewer pumping stations, if required.

Building height and design requirements for single-family detached units.

No single-family detached or semidetached units shall exceed 35 feet in height and 2 1/2 stories. For the purposes of this subsection, the determination of height and number of stories shall be made from the average elevation from the finished grade to the mean roofline along the front facade of the dwelling facing a public street. A "basement" or "cellar" that has less than half of its floor to ceiling height above the finished grade along the front facade of the dwelling facing a public street shall not be counted as a story or half story for purposes of this subsection, notwithstanding other provisions of this chapter.

No new accessory building shall exceed 15 feet in height, except that a detached garage may be 25 feet in height for purposes of an accessory use such as attic storage or finished work space above the garage.

All new single-family units within a planned mixed-use age-restricted development and converted age-restricted development shall be totally covered by a true and complete gable, hip or gambrel roof.

All buildings shall be set back at least 75 feet from all noninternal roadways.

Bulk and dimensional requirements for single-family and duplex residential units are as follows:

Standard		Required for Duplex	Required for Single-Family Semidetached (Twin)	Required for Single-Family Detached
Minimum lot size		5,500 square feet	4,000 square feet per unit	6,500 square feet
Minimum lot width		50 feet	40 feet	60 feet
Minimum lot depth		100 feet	100 feet	100 feet
Principal building
	Front yard setback	20 feet	20 feet	20 feet
	Side yard minimum	6 feet	0 feet	10 feet
	Side yard aggregate	14 feet	20 feet	20 feet
	Rear yard minimum	25 feet	25 feet	25 feet
Accessory building
	Side yard minimum	5 feet	0 feet	3 feet
	Rear yard minimum	3 feet	5 feet	5 feet
Maximum building coverage		50%	50%	50%
Maximum lot coverage		65%	65%	65%
Minimum parking requirements
	Two-Bedroom	1.5 spaces	1.5 spaces	1.5 spaces
	Three-or-more bedroom	2.0 spaces	2.0 spaces	2.0 spaces

Building height and design requirements for townhouses.

No townhouses shall exceed 35 feet in height and 2 1/2 stories.

No new accessory building, as may be approved by the Planning or Zoning Board, shall exceed 15 feet in height and one story.

All new townhouses within a planned mixed-use age-restricted development and converted age-restricted development shall be totally covered by a true and complete gable, hip or gambrel roof.

All buildings shall be set back at least 100 feet from all noninternal roadways.

Additional requirements for townhouses are as follows:

Maximum number of units/building: six.

Maximum building length: 200 feet.

Maximum distance between buildings: 20 feet.

General requirements for residential component of planned mixed-use development and converted age-restricted development.

[Added 12-11-2012 by Ord. No. O-12-22]

No development or improvements, except as approved access drives, fences, walls, plantings or signs, shall be permitted within 100 feet of Route 33.

A buffer area of 50 feet in width, exclusive of any portion of fee-simple single-family residential lots or commercial building setbacks, shall be provided along any tract boundary line abutting a residential use. The buffer area requirement may be reduced to 25 feet if the Board determines sufficient buffer exists on the adjoining tract(s).

Any existing mature trees within the buffer areas shall be preserved and shall be supplemented with the planting of a buffer screening, which shall be at least 25 feet in width, consisting of densely planted evergreen trees at least six feet high at the time of planting, deciduous trees, and a mixture of evergreen and deciduous shrubbery.

Where environmental conditions permit, earthen berms at least four feet high shall be provided, if deemed appropriate by the Board with the advice of the Township certified/licensed tree expert.

Any residential component of a planned mixed-use age-restricted development and converted age-restricted development shall strive to maintain the existing topographic contour and vegetation on site where possible. All disturbed portions of the tract not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn areas, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.

Any residential component of a planned mixed-use age-restricted development and converted age-restricted development shall be conceived, designed and approved as a single entity which shall be planned and developed with a common architectural theme subject to review and approval by the Board; the architectural theme shall be consistent, as appropriate, with the Township's design standards, as amended, with regard to the appearance of buildings, signage, fencing, lighting, paving, curbing, walkways and landscaping.

All residential units shall be connected to an approved public water and sanitary sewer system.

The design of residential development within a planned mixed-use age-restricted development and converted age-restricted development shall be pedestrian friendly, with a continuous pedestrian walkway system, including jogging and bicycle paths through open space lands and sidewalks provided on both sides of all internal streets and crosswalks at all intersections. Where sidewalks are not required, the Board may require the installation of trails and paths to provide pedestrian linkage to commercial areas and site amenities.

Traffic controls governing access to the planned mixed-use age-restricted development and converted age-restricted development deemed necessary by NJDOT shall commence construction prior to the issuance of 50% of the building permits for the total number of approved residential units. Upon commencement of construction of the required traffic controls, the issuance of building permits may continue.

Parking requirements.

[Added 12-11-2012 by Ord. No. O-12-22]

Any recreation center or clubhouse shall be provided a minimum of 0.10 off-street parking space per dwelling unit, which parking shall serve the recreation center or clubhouse and accommodate visitors to the residents within the residential component of the planned mixed-use age-restricted development and converted age-restricted development.

No off-street parking area shall be located within 50 feet of any tract boundary.

Signage.

[Added 12-11-2012 by Ord. No. O-12-22]

Gateway identification signage is permitted at the main entrance road to the residential component of the planned mixed-use age-restricted development and converted age-restricted development equal to one freestanding sign, not exceeding 36 feet in area, on each side of the main entrance road. The sign shall be designed within a decorative fence and/or wall feature not exceeding seven feet in height, set back so as not to impair sight lines from any street or driveway. The sign shall be used solely to identify the name of the development.

Gateway identification signage is permitted at secondary entrance roads to the residential component of the planned mixed-use age-restricted development and converted age-restricted development equal to one freestanding sign, not exceeding 30 square feet in area, on each side of the secondary entrance road. The sign shall be designed within a decorative fence and/or wall feature not exceeding six feet in height, set back so as not to impair sight lines from any street or driveway. The sign shall be used solely to identify the name of the development.

Additionally, information and directional signs, each not more than three feet in height and 10 square feet in area, shall be permitted, where appropriate and as approved by the Board, in order to guide traffic to its intended destination in a safe and convenient manner.

§ 188-78.3 Highway Development 4 (HD-4).

[Added 6-14-2022 by Ord. No. O-22-28]

Purpose. The purpose of the HD-4 Zone is to provide for highway development along Route 33 that will provide a balance of social, economic and cultural opportunities for residents while maximizing existing transportation and other infrastructure along the Route 33 corridor.

Permitted uses.

Principal permitted uses.

Offices for business, professional, or governmental services.

Financial institutions.

Retail sales and services.

Health-care facilities/medical centers.

Restaurants with or without drive-through facilities.

Adult day-care facilities.

Health club facilities/fitness centers.

Microbrewery.

Craft distillery.

Indoor recreation.

Schools, commercial.

Entertainment uses.

Flex space.

Assisted living facility.

Self-storage facility.

Accessory uses: accessory uses customarily incidental and ancillary to a permitted use.

Conditional uses.

Churches, synagogues and other places of worship.

Telecommunication facilities.

Gasoline station convenience center.

Warehousing.

Distribution.

Sales and showrooms for used and new automobiles.

Used automobile auction sales.

Automobile repair services/auto body.

Automobile service station.

Car washes.

Landscape business.

Trade contractor business.

Prohibited uses.

Sexually oriented businesses such as adult book stores; tattoo and body piercing parlors; and pool/billiard halls.

Bulk and dimensional requirements. Unless otherwise provided in this section, the bulk standards for commercial development shall be the same as § 188-78.2, Highway Development 3 (HD-3), as listed in Chapter 188, Schedule II, Bulk and Dimensional Requirements, Nonresidential Zones.[1]

Editor's Note: Schedule II is included as an attachment to this chapter.

Preexisting single-family residences. Unless otherwise provided in this section, all preexisting single-family dwelling units shall be grandfathered as a permitted use and shall be subject to the R4 bulk requirements identified in Chapter 188, Schedule II, Bulk and Dimensional Requirements, Residential Zones.[2]

Editor's Note: Schedule II is included as an attachment to this chapter.

§ 188-79 Special Economic Development (SED).

[Amended 4-22-2002 by Ord. No. O-02-08; 10-20-2009 by Ord. No. O-09-52]

Purpose. The purpose of the SED Zone is to provide for a variety of economic development opportunities in areas of the Township where rail and highway infrastructure are readily available. (See Schedule II, Bulk and Dimensional Requirements, for the SED Zone.[1])

[Amended 5-24-2011 by Ord. No. O-11-13]

Editor’s Note: Schedule II is included as an attachment to this chapter.

Permitted uses.

Principal uses:

Offices.

Financial institutions.

Health-care facilities/medical centers.

[Amended 7-18-2017 by Ord. No. O-17-21]

Warehousing and distribution.

Assembly and packaging.

Utility uses.

Agriculture, forestry and agricultural services.

Manufacturing food and kindred products.

Manufacturing textile products.

Manufacturing apparel and similar finished products made from fabrics.

Manufacturing lumber and wood products.

Manufacturing furniture and fixtures.

Manufacturing paper and allied products.

(n)

Manufacturing printing and publishing.

Manufacturing leather products.

(p)

Manufacturing stone, glass and clay.

[Amended 7-18-2017 by Ord. No. O-17-21]

(q)

Manufacturing fabricated metal products.

(r)

Manufacturing electronic and electrical equipment.

(s)

Manufacturing photographic equipment, medical, optical goods, watches, clocks.

(t)

Construction.

(u)

Multipurpose recreation and sports complex in accordance with § 188-86.3.

(v)

Solar energy generation facilities.

[Added 5-24-2011 by Ord. No. O-11-13]

(w)

Microbrewery.

[Added 7-18-2017 by Ord. No. O-17-21]

(x)

Health club facility/fitness centers.

[Added 12-11-2018 by Ord. No. O-18-35]

Design standards for solar energy generation facilities.

[Added 5-24-2011 by Ord. No. O-11-13[2]]

Ground-mounted systems shall provide emergency vehicle access to all components as per the New Jersey State Fire Code, Section 305, "Fire Apparatus Access Roads."

Except pursuant to a permit issued by the New Jersey Department of Environmental Protection, ("NJDEP"), no portion of a solar energy generation facility shall occupy areas of land designated and regulated by NJDEP as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors. An applicability determination from the NJDEP shall be provided to document the presence and/or absence of these regulated areas. Except pursuant to a permit issued by NJDEP, a three-hundred-foot buffer shall be maintained between NJDEP-designated Category One waters, as defined in the existing Surface Water Quality Standards rules at N.J.A.C. 7:9B-1.4, and any portion of proposed solar energy generation facility. Category One waters include, and may not be limited to, the Metedeconk River and the Manasquan Reservoir.

Solar energy generation facilities shall be screened from the public traveled way (public roads, trails, navigable waterways, scenic highways and by ways), publicly owned properties, open space, preserved farmland and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places.

Installations shall be sited behind existing vegetation, which shall be supplemented with landscaping to shield the installation from public view.

To the extent achievable, solar energy facilities shall be sited using the natural topography to screen the energy project from public view and the view of any adjoining residences.

Decommissioning plan. All applications for a solar energy generation facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of solar energy systems. The decommissioning plan shall be submitted in accordance with the requirements of this Subsection B(5)(c)[3]. Prior to removal of solar energy systems, a demolition permit for removal activities shall be obtained from the Howell Township construction official. Prior to issuance of a demolition permit, the owner or operator of the facility shall post a performance bond, cash or letter of credit to ensure removal of the facility or systems in accordance with the decommissioning plan. Removal of solar energy systems shall be conducted by an electrician licensed in the State of New Jersey.

If the applicant ceases operation of the energy project for one year; or begins, but does not complete, construction of the project within 180 days of receipt of final site plan approval, the applicant shall restore the site according to a decommissioning plan prepared by the applicant and approved by the Board. The applicant shall submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without significant delay, including but not limited to the following:

[i]

[ii]

Restoration of the surface grade and soil after removal of aboveground structures and equipment.

[iii]

Restoration of surface grade and soil.

[iv]

[v]

The plan may provide for the retention of access roads, fences, gates or buildings in place or regarding restoration of agricultural crops or forest resource land.

[vi]

The plan must provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration.

[vii]

The plan must include a schedule for completion of site restoration work.

Upon cessation of activity of a fully constructed solar energy system for a cumulative period of one year, the Township may notify the owner and/or the operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator shall either resume energy generation to at least eighty-percent capacity of the facility or system as established at the time of approval, or fully implement the decommissioning plan. If, within 180 days of receipt of notice, the owner and/or operator of the facility or system fail to resume energy generation to at least 80% of capacity of the facility or system as established at the time of approval, the Township may order the owner and/or operator of the facility to implement the decommissioning plan.

[g]

If the operator fails to fully implement the decommissioning plan subject to the procedures and timeliness set forth in Subsection B(5)(c)[3][e] and [f] above, or is otherwise unable to restore the site as required within 180 days of the Township's service of notice in accordance with this Subsection B(5)(c)[3], the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may in accordance with the law recover all expenses incurred for such activities.

Editor’s Note: Pursuant to this ordinance, former Subsection B(2), (3) and (4) were redesignated as Subsection B(3), (4) and (6), respectively.

Accessory uses:

Accessory uses customarily incidental and ancillary to a permitted use.

Outdoor storage shall be permitted in a screened rear yard only. No outdoor storage shall be permitted in association with a multipurpose recreation and sports complex.

Retail use shall be permitted as an accessory use to a permitted warehousing/distribution facility, provided the percent of floor area devoted to retail use shall be limited to 1,000 square feet or 5% of the gross floor area, whichever is less.

[Amended 11-1-2011 by Ord. No. O-11-42]

Conditional uses:

Telecommunications facilities.

Commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops.[3]

[Added 12-15-2009 by Ord. No. O-09-59]

Editor’s Note: Former Subsection B(4)(c), Billboards, added 9-21-2010 by Ord. No. O-10-20, was repealed 11-1-2011 by Ord. No. O-11-42.

Prohibited uses:

[Added 5-24-2011 by Ord. No. O-11-13]

Sexually oriented business as defined in § 188-4.

Tattoo, body piercing or branding establishments.

Manufacturing of asphalt and concrete shall be prohibited.

[Added 7-18-2017 by Ord. No. O-17-21]

Multitenant structures in the SED Zone. All structures shall be devoted to a single user; provided, however, that in buildings with a gross floor area in excess of 40,000 square feet, multiple tenants shall be permitted, provided that the minimum tenant space shall not be less than 5,000 square feet.

§ 188-79.1 Special Economic Development Zone-1 (SED-1)

[Added 3-19-2013 by Ord. No. O-13-06; amended 6-14-2022 by Ord. No. O-22-23]

Applicability. The Special Economic Development Zone-1 shall be applied to various properties throughout the Township as deemed appropriate in the Master Plan and by the governing body of the Township of Howell.

Permitted uses.

Principal uses:

(Reserved)

Active and passive recreation uses.

Offices.

Financial institutions.

(Reserved)

Healthcare facilities/medical centers.

Assembly and packaging.

Utility uses.

Agriculture, forestry and agricultural services.

Manufacturing food and kindred products.

Manufacturing textile products.

Manufacturing apparel and similar finished products made from fabrics.

Manufacturing lumber and wood products.

(n)

Manufacturing furniture and fixtures.

Manufacturing paper and allied products.

(p)

Manufacturing printing and publishing.

(q)

Manufacturing leather products.

(r)

Manufacturing stone, glass and clay.

(s)

Manufacturing fabricated metal products.

(t)

Manufacturing electronic and electrical equipment.

(u)

Manufacturing photographic equipment, medical, optical goods, watches, clocks.

(v)

Construction.

(w)

Multipurpose recreation and sports complex in accordance with § 188-86.3.

(x)

Solar energy generation facilities.

(y)

Microbrewery.

(z)

Health club facility/fitness centers.

(aa)

Self-storage facilities.

Design standards for solar energy generation facilities per § 188-79B(2).

Accessory uses:

Accessory uses customarily incidental and ancillary to a permitted use.

Conditional uses:

All the conditional uses as per § 188-79B(4).

Warehousing.

Distribution.

Trade contractor business.

[Added 9-13-2022 by Ord. No. O-22-48]

Landscape business.

[Added 9-13-2022 by Ord. No. O-22-48]

Bulk and dimensional standards: The bulk and dimensional standards shall be the same as the Special Economic Development (SED) Zone as listed in Chapter 188, Schedule II, Bulk and Dimensional Requirements, Nonresidential Zones.[1]

Editor's Note: Schedule II is included as an attachment to this chapter.

§ 188-79.2 Special Economic Development Zone-2 (SED-2).

[Added 6-14-2022 by Ord. No. O-22-25]

Purpose. The purpose of the SED-2 Zone is to allow some of the uses in the SED District but remove all forms of warehousing and permit self-storage facilities as principally permitted uses.

Permitted uses.

Principal uses:

Offices.

Financial institutions.

Healthcare facilities/medical centers.

Self-storage facilities.

Utility uses.

Agriculture, forestry and agricultural services.

Manufacturing fabricated metal products.

Construction yard.

Multipurpose recreation and sports complex in accordance with § 188-86.3.

Solar energy generation facilities.

Microbrewery.

Craft distillery.

Flex space.

Health club facility/fitness centers.

Assembly/packaging.

[Added 11-23-2022 by Ord. No. O-22-69]

Design standards for solar energy generation facilities.

All the design standards as per § 188-79B(2).

Accessory uses:

Accessory uses customarily incidental and ancillary to a permitted use.

Conditional uses:

Telecommunications facilities.

Commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops.

Trade contractor business.

Landscape business.

Prohibited uses:

All the prohibited uses as per § 188-79B(5).

Bulk and Dimensional Standards: The bulk and dimensional standards shall be the same as the Special Economic Development (SED) Zone as listed in Chapter 188, Schedule II, Bulk and Dimensional Requirements, Nonresidential Zones.[1]

MOBILE HOME ACCESSORY BUILDING OR STRUCTURE

Editor's Note: Schedule II is included as an attachment to this chapter.

§ 188-80 Mobile Home Park (MHP).

Purpose. The purpose of the MHP Zone is to provide a reasonable opportunity for the construction, maintenance and operation of a mobile home park as herein defined. The MHP Zone shall include the following lands in the Township of Howell:

Block	Lot
138	40, 41, 45
183	108
109	39, 40
37	26, 39
38	25

Definitions. As used in this section, the following terms shall have the meanings indicated:

MOBILE HOME

A factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit for one or more persons or family unit(s) and with or without a permanent foundation, when located in a licensed mobile home park.

Any awning, cabana, ramada, storage cabinet, shed, carport, or porch established by and for the use of the occupant of the mobile home.

MOBILE HOME PARK

Any lot or contiguous parcel of land and premises where the owner, lessee, or other person having control thereof shall offer sites for mobile homes and trailers on a rental or lease or other basis, and shall include any building, structure, vehicles or enclosure used or intended for use as part of the equipment of such mobile home park.

MOBILE HOME SPACE

A designated portion, lot or site within a mobile home park designed for the accommodation of one mobile home or trailer and its accessory buildings or structures for the exclusive use of its occupants for living and dwelling purposes.

TRAILER

A vehicular unit mounted on wheels designed to provide living quarters. "Trailer" shall not, for the purposes of this section, mean a vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping, or travel use of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and with a living area of less than 220 square feet, excluding built-in equipment and bathrooms.

Resolution of conflicting provisions. Notwithstanding the provisions of any other ordinance to the contrary, the provisions of this section shall apply to development within the MHP Zone.

Principal uses.

In the Mobile Home Park Residential (MHP) Zone, lots shall be used and structures shall be permitted for the purposes and in the manner hereinafter set forth:

Mobile home parks.

Agricultural and horticultural uses utilizing the standards permitted in the ARE-1 Zone.

Permitted accessory uses:

Buildings for purposes of sales, lease or rental of mobile home spaces, mobile homes, trailers, related and/or accessory equipment and supplies including vending facilities for same.

Offices for the administrative and operation of the mobile home park.

Laundry facilities.

Recreation facilities and community centers.

Garage and storage facilities.

Parking areas.

Utility facilities required to provide services such as transformers, water storage facilities and pumping stations.

Garbage collection areas.

Barns, silos, stalls and other farm buildings.

Patios, porches, tennis courts and swimming pools with single-family homes.

Design standards.

Minimum lot area: 20 acres.

Minimum mobile home space area: 1,925 square feet.

Minimum mobile home space dimensions:

Width at street: 35 feet.

Each space shall contain a thirty-foot by fifty-foot rectangle.

Maximum number of mobile home spaces: one per 3,500 square feet of lot area. Lot area used in this calculation shall be reduced by:

The area of ground coverage of any building or structures.

The portions of the site which are within the one-hundred-year flood-prone area or areas which are classified as inland wetlands areas.

Clearance between mobile homes: 20 feet.

Minimum setback of mobile homes:

From exterior boundaries of the park: 20 feet.

From building within the park: 20 feet.

From any existing dwelling outside the park: 100 feet.

Minimum parking standards:

Parking spaces per mobile home space: 1.5.

Parking space dimensions:

On street: eight feet by 23 feet.

Off street: nine feet by 18 feet.

Mobile home spaces shall face or abut a driveway of not less than 40 feet in width when parking is permitted on both sides, 34 feet when parking is permitted on one side or 30 feet when parking is prohibited on both sides, giving easy access from all mobile homes or trailers to a public street.

For every mobile home space, adequate concrete foundations sufficient to support mobile homes or trailers will be provided.

Each mobile home space shall be identified with a number on a permanent marker plainly visible from the driveways within the park. Numbering of spaces shall be done in a consistent and logical manner to facilitate postal delivery, fire, ambulance and police access.

An adequate supply of pure water for drinking and domestic purposes shall be provided by pipes to all buildings and mobile home spaces within the park and all installations shall meet the requirements of controlling codes and approved by the Township Engineer. Each mobile home space shall be provided with a cold water tap at least four inches above the ground and all pipes leading from the water supply source to said tap shall be installed below ground-frost level. Any service buildings shall provide an adequate supply of hot water for all necessary purposes.

Play space or spaces for children and/or open spaces shall be provided in the park. The total area of such play space or play spaces and/or open spaces shall be not less than 200 square feet for each mobile home space. Such play space shall not be located within a flood-prone area or inland wetlands areas.

Laundry facilities within a park must provide at least one automatic washer for each 25 spaces or any fraction thereof, based on the total capacity according to approved plans of said park. Service buildings housing laundry facilities shall be a permanent structure complying with all applicable ordinances and statutes regulating building, electrical installations and plumbing and sanitation systems. Floors shall be of concrete, tile or similar material impervious to water and easily cleaned and pitched to a floor drain. The laundry facility shall contain a utility sink, and the disposal of wastewater from washers and utility sinks shall discharge into public sewers.

Sewage and refuse disposal. Waste from sinks, showers, bathtubs, toilets, utility sinks and laundries shall be discharged into a sanitary sewer system.

(15)

In no case shall any waste and excess water be thrown or discharged upon the surface of the ground or disposed of by means other than herein provided.

(16)

An adequate means of refuse collection must be provided.

(17)

Walkways along roadways, which shall include the area of the sidewalk plus the width of the curb, shall be not less than three feet wide (combined) and shall be comprised of either concrete or asphalt. Such walkways shall be well lighted as set forth in Subsection E(18) hereinafter. Curb and sidewalk combinations shall be not less than three feet in width along individual driveways. Such walkways shall be equipped with proper lighting for safety.

(18)

Lighting for driveways and walkways within the park shall provide for lights focused downward, translucent fixtures and shielding, or such other light orientation and shielding so as to minimize light spillage into the residential areas of the park. The light intensity provided at ground level shall be of a minimum of 0.3 footcandle over the entire area of the driveways and walkways. No light source shall exceed a height of 15 feet. The interval between light sources shall not be greater than 150 feet. For each light fixture the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light emitted from the light source. No light shall shine directly into windows or onto streets and driveways in such a manner as to create a nuisance or interfere with or distract driver vision.

(19)

General, design and improvement standards as set forth in Article XII for site plans shall apply where they are not in conflict with or superseded by these standards.

Special provisions for Block 138, Lots 40, 41 and 45 (formerly known as Site 4).

[Added 11-15-2004 by Ord. No. O-04-63]

The requirements of this existing zone are modified for this specific property to permit a density of 300 mobile home park units with 35 moderate-income units established under the regulations of COAH. Only the rentals for the 35 pads are subject to the affordability controls. The mobile homes are not subject to price or resale controls. The initial price and any subsequent increase of pad rental shall be established in accordance with N.J.A.C. 5:92-12.4 and 12.5, except that the transferees of Howell Residential Court who presently are entitled to a rent abatement until January 1, 1991, pursuant to the consent order dated February 13, 1986, in the Township of Howell v. Howell Residential Court, Docket No. C-5208-83E shall, as of January 1, 1991, have their rent adjusted as an initial rent being set in 1991 to a level not higher than that permitted under the cited COAH regulations herein. The affordability controls for the 35 trailer pads shall be in effect for 20 years pursuant to N.J.S.A. 5:92 - Subchapter XII and all amendments.

Notwithstanding the foregoing, the monthly rental cost of the mobile home pad and any outstanding amortization of the mobile home loan in total shall not exceed 30% of the appropriate moderate-income housing size as related to the number of bedrooms, pursuant to N.J.S.A. 5:92-12.4, initial pricing.

§ 188-81 Recreational-Residential Community (RRC).

Purposes. The purpose of the RRC Zone is to continue the rural character of Howell Township through the employment of combined recreational and residential uses in order to maximize open space, recreational and residential uses in order to maximize open space, recreational area and the preservation of the environment. Within this zone a combination of single detached family dwellings, as well as certain recreational structures, may be permitted. The issuance of building permits shall be contingent upon prior approval of an overall development plan that satisfies the special requirements and standards established for this zone to ensure adequate open space, appropriate densities, proper ingress, egress and circulation of traffic. The intent of this zone is to encourage the use of imaginative design, to provide adequate open space, recreational areas and preservation of the environment.

Permitted uses.

Principal uses:

All uses permitted in the ARE-3 Zone, provided that said uses shall comply with all of the requirements of the ARE-3 Zone, including but not limited to bulk requirements for area, frontages, setbacks and the like.

Recreational-residential communities as defined in this chapter and in conformance with the specific bulk development standards as hereinafter set forth, and with an overall master development plan.

Accessory uses:

Barns, silos, stalls, farm and other creation maintenance buildings.

Tennis courts, swimming pools and uses customarily associated with the above permitted uses, provided that such accessory uses are subordinate to the principal use and do not change the character of the principal use and serve only the principal use.

Recreational facilities and structures intended for the use of residents of the recreational-residential community, club members and their guests.

Appurtenant personal service establishments.

Facilities and structures related and appurtenant to the recreational uses, including a clubhouse which may include a central dining room, lounge, pro shop, locker and shower areas, and a central office area related directly to the activities and management of the recreational community and guest cottages not exceeding four in number as set forth on an approved site plan to be used and occupied on a short-term, nonpermanent basis by members or guests of members of the golf club in connection with the golf course recreational use.

Land use intensity for recreational-residential communities. The standards for maximum density, maximum structural coverage, minimum recreational space and parking requirements shall be as prescribed below.

Maximum area of building coverage. The maximum area of land coverage by all structures in a recreational-residential community shall not exceed 10% of the total site area.

Minimum open area and recreational space. The minimum open area and recreation space required in a recreational-residential community shall not be less than 60% of the total site area. "Open area" shall be defined as that area of land which is permanently set aside and designated on the site plan as dedicated open space, conservation easement or in such other form as will ensure that such property shall remain open and undeveloped. "Recreation space" shall be defined as that area of land, other than structures, permanently set aside and designated on the site plan as being devoted to recreational use for golf or other appropriate recreational activities.

Maximum density and area requirements.

That portion of the recreational-residential community devoted to residential use (exclusive of open area and recreation space) shall not exceed an average net density of 2.5 units per acre.

The maximum gross residential density shall not exceed 0.5 units per acre. In calculating the number of lots permitted for gross density "critical areas" as designated in the Township’s adopted Master Plan shall be counted at 1/2 the permitted density.

Development successors in title shall be bound by commitments made by the overall master development plan.

Bulk requirements for recreational-residential communities.

All residential lots in a recreational-residential community shall conform to the following schedule:

Minimum lot area: 10,500 square feet.

Minimum lot frontage: 40 feet.

Minimum lot width: 80 feet.

Minimum front setback: 25 feet.

Minimum side yard: 10 feet.

Minimum rear yard: 25 feet.

Maximum building height: 2 1/2 stories.

Accessory building:

Front and side setbacks: same as principal structures.

Rear setback: 10 feet.

Minimum building size:

One-story dwelling: 1,900 square feet.

Two-story dwelling:

First floor: 1,200 square feet.

Second floor: 750 square feet.

All structures relating to a recreational facility shall conform to the following schedule:

Minimum lot area: 2 acres.

Minimum lot frontage: 50 feet.

Minimum setback: No structure whether principal or accessory shall be located less than 75 feet from any residential dwelling structure.

Minimum setback from street line: 15 feet.

Maximum building height: 2 1/2 stories.

Maximum impervious surface coverage: 25%.

Accessory building location: same requirements as principal buildings.

For the purposes of this section, the minimum lot width shall coincide with the front building setback as established on an approved site plan.

As to any lot having a minimum lot frontage of 40 feet at the terminus of a cul-de-sac, there shall be only a side driveway for the principal structure on the lot; provided, further, that nothing shall prevent an application to the Township Planning Board for a waiver of this requirement on the basis of a principal structure configuration that will assure an adequate greenway frontage for the structure.

The bulk requirements set forth herein shall apply and be applied only to this zoning district.

Parking requirements. There shall be required a minimum of two off-street parking spaces for each dwelling unit.

Development standards. The minimum construction requirements for streets, roads, sidewalks, sewer facilities, utility use and drainage shall be in compliance with appropriate Howell Township regulations and ordinances.

§ 188-82 Land Conservation/Open Space Zone (LC/OS).

Purpose. The purpose of the LC/OS Zone is to promote the conservation of open space areas in the Township of Howell and provide for beneficial public use and enjoyment of such areas through the preservation of such areas for passive uses maintained in their natural state.

Permitted uses.

Principal uses.

Nature trails.

Hiking.

Horseback riding.

Picnicking.

Nature studies.

Fishing.

Accessory uses. The following accessory uses are only permitted in conjunction with the permitted uses set forth hereinabove:

Picnic tables.

Parking areas (unpaved).

Unenclosed shelters in conjunction with the principal use for passive recreational activities.

Bulk requirements. The following bulk requirements shall only apply to the zone: minimum lot area five acres or more.

§ 188-83 Agricultural Rural Estate/Natural Resource Protection Zone (ARE-C).

Purpose. The purpose of the ARE-C Zone is to continue the rural character of Howell Township through the employment of combined recreational and residential uses in order to maximize open space, public recreational area (active and passive) and the preservation of the environment. Within this zone a combination of detached single-family dwellings, as well as certain recreational structures, may be permitted. The issuance of building permits shall be contingent upon prior approval of an overall development plan that satisfies the special requirements and standards established for this zone to ensure adequate open space, appropriate densities, proper ingress, egress and circulation of traffic. The intent of this zone is to encourage the use of imaginative design, to provide adequate open spaces, public recreational areas (active and passive) and preservation of the environment.

Permitted uses.

Principal uses:

All uses permitted in the ARE-1 Zone, provided that said uses shall comply with all of the requirements of the ARE-1 Zone, including but not limited to bulk requirements for area, frontages, setbacks and the like, except as provided for hereinafter.

Public recreation (passive or active) facilities, including soccer and baseball fields, and educational facilities.

Multigenerational family accommodations.

[Added 6-12-2018 by Ord. No. O-18-8]

Accessory uses.

Barns, silos, stalls, farm and other recreation maintenance buildings.

Facilities and structures related and appurtenant to public recreational uses.

Minimum standards. Unless property located in the ARE-C Zone is to be developed in accordance with the standards of the ARE-1 Zone, in the ARE-C Zone a cluster option shall be permitted on tracts of land which meet the following standards:

Minimum contiguous tract area of 250 acres.

Minimum tract frontage on public roadways of 1,000 feet.

All dwelling units shall be served by public water and sanitary sewer systems.

The bulk, dimension, height and related requirements for development which does provide open space, as set forth in this section, shall be the requirements of the R-3 detached single-family clustered as set forth in the schedule of bulk, dimensional, height and related requirements for the zones.[1]

Editor's Note: The schedule is included as an attachment to this chapter.

Permitted residential density modification standard.

The maximum number of lots permitted for any project under this section shall not exceed 1.4 times the calculated yield. The calculated yield for the project (or tract) shall equal one lot for each one acre of land of the project (or tract).

The standards for determining the implementation of D(1) above are as follows: For each 1,000 square feet of building of indoor all-season recreation building facilities, allow an increase in the yield of 1% of the calculated yield, except that such increase shall not exceed 10% of the calculated yield.

§ 188-84 Moderate- and Low-Income Housing Zone (ML7).

Purpose. The purpose of the ML Zone is to satisfy Howell Township’s affordable housing obligation.

Permitted uses.

Principal uses:

Townhouses.

Garden apartments and flats.

Condominiums.

Farms, public parks and playgrounds and public buildings in accordance with this chapter.

Accessory uses:

Outdoor barbecue structures.

Essential utilities.

Parks and playgrounds.

Maintenance and equipment sheds.

Fences as included herein.

Area, yard and building requirements.

Maximum density.

Seven dwelling units per gross acre and 12 units per net acre within the ML7 Zone. Net acreage shall be defined as the land remaining after removing land with slopes in excess of 10% and land defined as wetlands in the U.S. Fish and Wildlife Service’s National Wetlands Inventory Mappings for the Township of Howell.

The Planning Board shall have the power to grant and shall grant any waiver required to achieve the unit yield specified above, provided that the waiver does not require any more than a ten-percent relaxation of the existing restrictions of the Township's ordinances. In the event a relaxation of greater than 10% is required, the developer must apply for a variance. All reasonable requests necessary to achieve the unit yield specified above shall be granted.

Minimum and maximum lot areas.

Minimum lot area: 20 acres of developable land in accordance with paragraph a. above.

Maximum lot area: 100 acres of developable land in accordance with Subsection C(1) above.

Minimum lot frontage on a public street: 200 feet with a minimum of two access points from public roads, one of which may be an emergency access road.

Maximum lot coverage: 40%. For purposes of this subsection, lot coverage shall be computed on the basis of all buildings and paving over the portion of the developable area as delineated by Subsection C(1) above and not on the basis of individual buildings upon individual lots, e.g. townhouses.

Area, yard and building requirements:

Townhouses:

Front yard setbacks: fifteen-foot structure setbacks shall be measured from the property or lot lines; or from the curb if there is no property or lot line.

Rear yard setback: 15 feet but not less than 50 feet between structures parallel to having window-to-window exposure.

Side yards:

Ten feet from all buildings and structures.

Fifteen feet from all streets.

[c]

Ten feet from parking areas.

Lot size:

Minimum of 2,000 square feet in area.

Minimum of 20 feet in width.

Maximum number of townhouse units in one building or structure: eight.

Multifamily units (apartments, flats and/or condominiums):

No structure shall have more than eight dwelling units in one structure.

No structure or single building shall exceed:

One hundred eighty feet in length along one linear plan.

Three hundred feet on any angle.

Setback requirements to roadways and parking areas.

Building to interior roadways: 15 feet or 75% of the height of the structure, whichever is greater.

Building to parking area: 10 feet or 50% of the height of the structure, whichever is greater.

[c]

Building to public exterior roadway: 50 feet or two times the height of the structure, whichever is greater.

[d]

Building to perimeter tract boundary: 50 feet.

Minimum property standards for rear and side yards as established by U.S. Department of Housing and Urban Development within the project areas. Lot lines shall be 1/2 the distance between structures for purposes of the sections.

Yard space between exterior building walls and the adjacent lot line shall be measured perpendicular to the lot line opposite the building wall at all points.

[i]

The minimum distance from the wall to the lot line is determined by:

[A]

The height of the wall in stories.

[B]

The horizontal length of the wall from corner to corner.

[C]

The type of wall.

[ii]

Primary wall is that wall which contains the principal window(s) in a habitable room, except bedrooms and kitchen; and/or the main entrance to the dwelling when it directly faces a primary wall or another dwelling.

[iii]

Secondary wall is that wall which contains the window(s) of rooms for other than a primary wall as defined above.

[iv]

Windowless wall(s) is that wall which contains no windows.

Minimum distance from building wall to lot line.

Primary wall: six feet plus two feet for each story(ies) in height plus one foot for each 10 feet of length (L).

D = 6 + 2S + L/10

Secondary wall: two feet plus one foot for each story(ies) in height plus one foot for each 10 feet of length (L), minimum distance five feet.

D = 2+ S +L/10

Windowless wall: Yard depth for a wall containing no windows, or only windows which do not involve loss of privacy for required interior space, shall be determined by individual design analysis.

Retaining wall: The distance between a building wall with habitable room windows and a retaining wall with the top above the midpoint of the vertical height of the lowest window shall be a minimum of the appropriate primary and secondary wall distance (see above), treating the retaining wall as a lot line.

Vertical setback: Where the length of a wall is angled or set back six feet or more, the length (L) of each segment or plan is measured separately in determining the required yard depth.

Irregular wall: The length (L) of a curve or irregularly shaped wall is the shortest distance between the wall's end corners.

Maximum height: two stories, but for purposes of this section, a loft shall not be counted against the number of permissible stories, provided that the loft is not constructed to serve as a dwelling unit.

Off-street parking requirements.

Off-street parking shall be provided in spaces measuring not less than 18 feet by nine feet for perpendicular parking stalls.

There shall be two spaces per unit except where common parking is provided in which case there shall be spaces according to the following schedule:

Three-bedroom or larger units: 2.0 spaces.

Two-bedroom unit: 1.75 spaces if unit is age restricted, otherwise 2.0 spaces.

One-bedroom unit: 1.5 spaces.

Elderly unit (age restricted): 1.25 spaces.[1]

Editor's Note: Former Subsection C(8), pertaining to the ML7 Zone, which immediately followed this section, was repealed 11-15-2004 by Ord. No. O-04-63; see now Subsection F.

Inclusion of Block 110, Lot 178 (formerly known as Site 8 in the ML7 Zone); modifications.

[Added 11-15-2004 by Ord. No. O-04-63]

The Zoning Map of the Township of Howell, as amended, is hereby further amended to provide that Block 110, Lot 178, is designated as a portion of the Moderate- and Low-Income Housing Zone (ML7), except that the maximum number of townhouse units in one building or structure shall be 12 and no structure shall have more than 12 dwelling units in one structure.

The requirements of the ML7 Zone, including bulk requirements, are hereby specifically modified below. The following modifications shall supersede any inconsistent provision in this chapter concerning the ML7 Zone and shall nullify, to the degree necessary, any existing provision of said zoning requirements that would prevent the implementation of any of the following specific modifications. The modifications are as follows:

Permitted uses shall include detached single-family dwellings.

Permitted accessory uses shall include garages, patios, porches, decks and sheds, parking area and swimming pools with a single-family residence, and uses customarily associated with the above uses, provided such accessory uses are subordinate to the principal use, do not change the character of the principal use, and serve only the principal use.

Requirements for detached single-family housing shall be as follows:

Minimum front yard setbacks: 25 feet measured from street line.

Minimum rear yard setbacks: 25 feet.

Minimum side yard: eight feet.

Minimum lot area:

Corner lot: 9,000 square feet.

Non-corner lot: 6,000 square feet.

Minimum lot frontage: 60 feet.

Maximum building height: 30 feet.

Maximum impervious coverage: no limit.

Minimum accessory building setback: same as R4 cluster zone.

Inclusion of Block 59.01, Lots 48, 49 and 50 (formerly known as Site 8A); modifications. The Zoning Map of the Township of Howell, as amended, is further amended to provide that Block 59.01, Lots 48, 49 and 50 (formerly known as Site 8A), is designated as a portion of the Moderate- and Low-Income Housing Zone (ML7). The requirements of the ML7 Zone are specifically modified below. The following modification shall supersede any inconsistent provision in this chapter concerning the ML7 Zone and shall nullify, to the degree necessary, any existing provision of said zoning requirements that would prevent the implementation of any of the following specific modifications. The modifications are as follows:

[Added 11-15-2004 by Ord. No. O-04-63]

Minimum lot size: 15 acres.

Maximum number of dwelling units: 98.

Maximum number of townhouses per building: eight.

Maximum number of multifamily units per building other than townhouse units: 12.

Minimum building setbacks:

Front yard: 75 feet.

Side yard: 50 feet.

Rear yard: 50 feet.

Maximum impervious surface coverage: 60%.

Minimum building setback from parking area: 15 feet.

Minimum building setback from interior drive or roadway: 10 feet.

Minimum parking requirement: two spaces per unit.

Maximum building height: 35 feet.

Minimum distance between buildings: 40 feet.

Minimum buffer between existing public street and lot line of single-family residences or single-family residential zone: 50 feet.

Inclusion of Block 164, Lot 30 in ML7 (formerly known as Site 10A); modifications. The Zoning Map of the Township of Howell, as amended, is further amended to provide that Block 164, Lot 30 (former Site 10A), is designated as a portion of the Moderate- and Low-Income Housing Zone (ML7). The requirements of the ML7 Zone are specifically modified to provide that, with respect to Block 164, Lot 30 (former Site 10A), the maximum density shall be 165 units, of which none shall be low- or moderate-income housing units.

[Added 11-15-2004 by Ord. No. O-04-63]

§ 188-84.1 Moderate- and Low-Income Housing Zone 8 (ML8).

[Added 7-14-2009 by Ord. No. O-09-36]

Intent. The intent of the ML8 Zone District is to provide a suitable location for the construction of moderate- and low-income affordable housing in accordance with the applicable rules and regulations of the Council on Affordable Housing (COAH) and the Township’s Housing Plan Element and Fair Share Plan. The following regulations shall apply in the Moderate- and Low-Income Housing Zone 8 (ML8) District.

Permitted uses.

Single-family residences in accordance with the requirements set forth within § 188-72 for the Residential (R-4) Zone District except for the rear yard setback which shall be set at 25 feet.

Retail sales and services in accordance with the requirements set forth within § 188-75 for the Neighborhood Commercial (NC) Zone District.

Offices in accordance with the requirements set forth within § 188-75 for the Neighborhood Commercial (NC) Zone District.

Multifamily affordable housing in accordance with applicable COAH regulations in effect at the time of construction and applicable sections of Article XX, Affordable Housing, of the Township of Howell’s Land Development Ordinance.

Minimum lot size: two acres.

Maximum gross density: five dwelling units per acre.

Minimum perimeter buffer: 30 feet.

Minimum building envelope depth: 50 feet for single-family lots.

Any standards adopted for the development of the property and the production of the yield and the standards of the settlement agreement[1] shall supersede all other inconsistent rules, ordinances, codes, and regulations that could control or affect development of the property.

Editor's Note: “Settlement agreement” refers to the 12-19-2007 agreement involving the Township, the Planning Board, and Elon Associates, LLC.

Accessory uses.

Accessory uses customarily incidental and ancillary to a permitted use.

Affordable housing requirements.

The owner/developer shall take all steps necessary to place affordability controls and other appropriate restrictions, consistent with COAH regulations, upon the affordable units in order that each of the affordable units shall qualify as a unit of affordable housing under the COAH regulations in effect at the time of construction.

Each affordable housing unit shall be affirmatively marketed in accordance with applicable regulations of the COAH in effect at the time of construction.

For each market-rate, non-income-restricted single-family dwelling developed, the owner/developer shall contribute $15,000 to the Township’s Affordable Housing Trust Fund. The contributions shall be made on a pro-rata basis, with $15,000 payable upon the owner's/developer's receipt of a certificate of occupancy for each single-family dwelling unit.

The owner/developer shall develop all affordable housing units in accordance with applicable sections of Article XX, Affordable Housing, of the Township of Howell’s Land Development Ordinance and COAH’s regulations, to the extent modified by the terms of the settlement agreement.[2] The settlement agreement shall govern any disparity between its terms and the applicable sections of Article XX, Affordable Housing, of the Township of Howell’s Land Use Ordinance.

Editor's Note: “Settlement agreement” refers to the 12-19-2007 agreement involving the Township, the Planning Board, and Elon Associates, LLC.

Elimination of cost-generating features, processes and elements. In connection with development in the ML8 Zone, cost-generating features, elements and processes shall be eliminated, in accord with the terms of the settlement agreement.[3]They shall include, but not be limited to, the inapplicability of the Howell Tree Removal and Replacement Ordinance (§ 188-188 et seq.) and its replacement by an in-lieu fee of $3,600 per single-family lot developed, payable to the Howell Tree Replacement Fund (§ 188-195C).

Editor's Note: “Settlement agreement” refers to the 12-19-2007 agreement involving the Township, the Planning Board, and Elon Associates, LLC.

§ 188-84.2 Moderate- and Low-Income Housing Zone 12 (ML-12).

[Added 11-12-2019 by Ord. No. O-19-52]

Bulk and lot regulations. The development of the FP Howell property shall be consistent with the attached Exhibit A entitled "Concept Plan Drawing" which includes conceptual building footprints, building orientation, and building locations. Said plan is entitled "Overall Plan Qualifying Map" prepared by Challoner Associates, LLC by Stuart Challoner, P.E. dated May 26, 2017, last revised November 19, 2018, as Sheet 2 of 4.[1]

Purpose and intent. The intent of the ML-12 District is to provide for inclusionary affordable and market-rate housing development consistent with the settlement agreements by and between the Township and Fair Share Housing Center dated October 18, 2018, and November 20, 2018; the Township is obligated to create an affordable housing inclusionary zoning district on certain lands in the Township in accordance with the applicable rules of the New Jersey Council On Affordable Housing (COAH) in order to meet its constitutional obligation to provide for its fair share of affordable housing.

Permitted uses.

Principal uses.

Single-family detached dwellings.

Townhouse dwellings.

Multifamily dwellings.

Accessory uses.

Parking.

Utilities.

Patios, decks and porches.

Parks and playgrounds.

Fences and walls.

Any use which is customarily incidental and subordinate to the principal use.

Minimum tract area: 100 acres.

Overall tract requirements. There shall be a building setback of at least 50 feet along the perimeter of the tract. Within this fifty-foot perimeter setback, a vegetative buffer with a minimum width of 25 feet shall be provided.

Minimum front yard setbacks for principal structures.

Single-family detached dwellings: 25 feet.

Townhouses: 28 feet from the edge of pavement to the front face of principal structure. "Front of the building" is defined as the face of the structure with the main entry doorway also facing a street. Where the structure is located on a corner, the second frontage shall be considered a side yard. The minimum side yard setback shall be six feet.

[Amended 6-15-2021 by Ord. No. O-21-12]

Multifamily dwellings: 15 feet. "Front of the building" is defined as the face of the structure with the main entry doorway also facing a street. Where the structure is located on a corner, the second frontage shall be considered a side yard. The minimum side yard setback shall be six feet.

[Amended 6-15-2021 by Ord. No. O-21-12]

Chimneys, bay windows, or oriel overhangs are permitted to encroach into a front yard setback by a maximum of three feet.

Porches or stoops are permitted to encroach into a front yard setback by a maximum of six feet. A covered porch which encroaches into a front yard setback shall have a maximum height of 12 feet.

Minimum side yard and rear yard for principal structures.

Single-family detached dwellings:

Side setback: eight feet;

Rear setback: 25 feet.

Townhouses:

Side clearance: 25 feet between buildings;

Rear clearance: 50 feet between back of structures.

Multifamily dwellings:

Side setback: 25 feet between buildings;

Rear setback: 50 feet between buildings.

Chimneys, bay windows, or oriel overhangs are permitted to encroach into a side yard or rear yard setback by a maximum of three feet.

Decks and patios are permitted as follows:

Single-family detached dwellings: Follow § 188-15, Decks, of the Township Code.

Townhouses: Deck or patio may extend a maximum of 12 feet off the rear of the main structure and no more than 75% of the total width of the unit.

Multifamily dwellings: No decks or patios are permitted.

Maximum density: 319 residential units/lots.

Maximum building height.

Single-family detached dwellings: 38 feet or 3.5 stories.

Townhouses: 45 feet or four stories.

Multifamily dwellings: 45 feet or four stories.

Minimum lot area and width.

Single-family detached dwellings: lot area: 6,000 square feet; lot width: 60 feet; however, lots which front on a curved portion of a street or a cul-de-sac may have a minimum lot frontage of 50 feet.

Maximum impervious coverage.

Overall tract: 55% of gross tract.

Single-family dwellings: 55%.

Maximum number of dwelling units per building.

Townhouses: eight dwelling units per building.

Multifamily dwellings: 16 units per building.

Additional requirements.

Common recreation facilities, consisting of any of the following: Walking trails, playgrounds, athletic fields, courts or other such grounds shall be provided within the development at a ratio of 10 square feet per market-rate dwelling unit.

Off-street parking stalls shall have a minimum width of nine feet and a minimum depth of 18 feet.

All parking, garages and circulation shall be designed in accordance with the New Jersey Residential Site Improvement Standards (RSIS).

Waiver of cost generative measures pursuant to N.J.A.C. 5:93-10.1 et seq. In order to permit the intended, agreed upon development of the property, the Township agrees to abide by the COAH regulations against cost generative measures as set forth at N.J.A.C. 5:93-10.1(b). Specifically:

Any inclusionary development within the ML-12 Zone shall be exempt from the Township tree replacement regulations set forth at § 188-194 et seq., within the Township Code. It is understood that any costs that may have accrued, but are waived for any inclusionary development within the ML-12 Zone pursuant to the tree replacement regulations may be paid to the Township from the Township's Affordable Housing Trust Fund in accordance with the approved spending plan.

There shall be no affordable housing fees assessed against the market-rate units.

Any inclusionary development within the ML-12 Zone shall be subject to the provisions of N.J.A.C. 5:93-10.2, which set forth limitations on application requirements and provide a standard of review for the Planning Board for necessary variances or deviations necessary to accomplish the intent of this district.

Affordable housing requirements.

A minimum of 92 of the dwelling units must be made affordable to low- and moderate-income households in accordance with Superior Court's April 5, 2019, order entered In the Matter of the Application of the Township of Howell, County Monmouth, Docket No. L-2525-15 and in accordance with the Developer's Agreement between FP Howell, LLC, and Howell Township dated November 18, 2018.

Ninety-two of the residential dwelling units shall be restricted in accordance with the provisions of the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (UHAC), which shall govern the number of bedrooms of the affordable units.

All affordable units shall comply with the regulations of UHAC and/or the New Jersey Council on Affordable Housing (COAH), as may be applicable, including, but not limited to those concerning a) income qualification, b) controls on affordability for a period of 30 years, c) deed restrictions, d) bedroom distribution, e) low-/moderate-income split, f) affirmative marketing and g) handicap accessibility.

All affordable units shall be subject to deed restrictions on income limits for a period not less than 30 years.

The affordable dwelling units shall be split equally between moderate-income units and low-income units.

In the event that an equal split of the affordable dwelling units between moderate- and low-income units results in a fraction of a unit, the additional unit shall be reserved for low-income households.

Any phasing of development of market-rate units in comparison to affordable units shall include the construction of affordable units in accordance with the schedule established by N.J.A.C. 5:93-5.6(d), and in accordance with the phasing requirements of the Township's Affordable Housing Ordinance, found in Chapter 8. However, aside from phasing requirements for the construction of market-rate units to affordable units, the developer may phase any portion of the remaining development at its own discretion to be approved by the Planning Board.

Editor's Note: Exhibit A and said plan are on file in the Township offices.

§ 188-84.3 Moderate- and Low-Income Housing Zone 13 (ML-13).

[Added 11-12-2019 by Ord. No. O-19-53]

Purpose and intent. In accordance with the executed settlement agreements by and between the Township and Fair Share Housing Center dated October 18, 2018, and November 20, 2018, the Township is obligated to create an affordable housing inclusionary zoning district on certain lands in the Township in accordance with the applicable rules of the New Jersey Council On Affordable Housing (COAH) in order to meet its constitutional obligation to provide for its fair share of affordable housing.

Permitted uses. The following shall be permitted in the ML-13 District:

Principal uses.

Townhouse.

Dwelling, multiple.

Conditional uses: none.

Accessory uses: The following accessory uses are permitted:

Any use which is customarily incidental and subordinate to the principal use, including sheds, decks, fences, utilities, signs and entry features (including gate house) located in a manner that is consistent with a plan approved by the Planning Board at the time the development receives its development approvals which authorizes specific locations or typical locations for each dwelling type. Sheds may only be for the storage of equipment, supplies, tools, materials, etc., as required for the maintenance of the property by the property owner and shall not be used as additional storage for a tenant of any particular unit. Accessory structures shall be depicted on the site plans for review by the Planning Board and its professionals.

Recreation facilities, structures, buildings and parks for the use of the residents of the community, including a swimming pool. Such open space and community facilities must be owned, operated and maintained by the property owner. Any community building may be used to provide services and activities primarily for the benefit and enjoyment of the residents of the community.

Garages and parking and loading areas consistent with New Jersey's Residential Site Improvement Standards.

Area, yard, bulk, and architectural requirements. The following tract requirements shall apply:

The following intensity and design ratios are applicable to the entire tract and shall not be applied to any individual lot or lots which may be created as part of the overall plan of development:

Maximum number of dwellings: 360.

Thirty percent of the total number of units constructed shall be reserved for very-low-, low-, and moderate-income households in conformance with Subsection G below.

Maximum building coverage: 30%.

Maximum impervious coverage: 70%.

Perimeter setback. A fifty-foot perimeter residential building setback shall be provided along the sides and rear boundary of the property. Within the fifty-foot setback, the applicant shall provide a six-foot-high "pedestrian level" visual buffer between any proposed residential buildings and adjacent properties. The perimeter setback may contain one or more of the following in order to create the required buffer: existing wooded areas, supplemental landscaping, berming, solid fences and walls. Within the fifty-foot setback, the following structures and activities are permitted as per site plan approval from the Planning Board: clearing, grading, driveways, landscaping, sidewalks, lighting, benches, walkways, utilities, stormwater basins, fire lanes, walls, fences, sheds, and access roads. A maximum of 50% of the area within the perimeter setback may be disturbed to allow for the structures and activities listed herein. After a CO has been issued for the property and construction is completed, no disturbances within the perimeter setback are permitted except those specifically shown on the site plan as approved by the Planning Board.

Setbacks applicable to buildings:

For residential buildings: longest building side shall be known as the "primary side" (including two sides of the building if applicable); shortest building side shall be known as the "secondary side" (including two sides of the building if applicable). Where a facade faces a parking area, it shall be treated as a practical front facade.

Minimum distance from any residential building to any cartway: 12 feet.

Minimum distance from secondary side to secondary side of building: 30 feet.

Minimum distance from primary side to secondary side of building: 40 feet.

Minimum distance from primary side to primary side of building: 50 feet.

Minimum distance from parking area shall be 10 feet.

For nonresidential structures and buildings:

Sheds. A maximum of four shed structures shall be permitted within the district. Each shed shall conform to the requirements of § 188-11 of the Township Land Use Ordinance regarding accessory structures and sheds.

Recreation facilities, structures, buildings. Minimum distance from parking area shall be 10 feet. Minimum distance to any cartway shall be 12 feet.

Entry features: minimum distance to any cartway: five feet.

Gatehouses. Minimum distance from any public right-of-way shall be five feet. No minimum distance shall be required from any internal roadway or cartway.

Recreational requirements.

Recreational facilities, including sidewalks and pedestrian pathways, small parks and gathering areas with seating, picnic areas with graded grass areas for spontaneous activities and other recreational amenities, may be located within the development at the discretion of the applicant, subject to Planning Board approval, but in no event within 25 feet of a residential building.

Additional site requirements.

Maximum building height: 45 feet; four stories inclusive of any garage level.

Maximum building height (accessory building or nonresidential structure): 15 feet.

All multifamily structures constructed within the district shall be exempt from the standards found within § 188-138, look-alike design standards.

Cartway width: 24 feet (two-way traffic); cartway width: 18 feet (one-way traffic).

Mechanical equipment, rooftop antenna or other utility hardware on roofs, the ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways.

Parking stalls shall have minimum dimensions of nine feet in width and 18 feet in depth.

All other parking areas, loading areas, and garages shall be constructed in accordance with the New Jersey Residential Site Improvement Standards (RSIS).

Additional requirements and exceptions from other requirements.

Any inclusionary development within the ML-13 Zone shall be exempt from the Township tree replacement regulations set forth at § 188-194 et seq., within the Township Code. It is understood that any costs that may have accrued, but are waived for any inclusionary development within the ML-13 Zone pursuant to the tree replacement regulations may be paid to the Township from the Township's Affordable Housing Trust Fund in accordance with the approved spending plan.

Any inclusionary development within the ML-13 Zone shall be subject to the provisions of N.J.A.C. 5:93-10.2, which set forth limitations on application requirements and provide a standard of review for the Planning Board for necessary variances or deviations necessary to accomplish the intent of this district.

Affordable housing requirements.

Thirty percent of the units constructed within the ML-13 Zone are to be family rental units affordable to very-low-, low-, and moderate-income households ("affordable units") in accordance with the Superior Court's April 5, 2019, order entered In the Matter of the Application of the Township of Howell, County Monmouth, Docket No. L-2525-15, and in accordance with the Developer's Agreement between Kenneth Zaback and Howell Township dated November 20, 2018.

Thirty percent of the residential units shall be deed restricted in accordance with the provisions of the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (UHAC), which shall govern the number of bedrooms and rents for the affordable units.

Phasing for construction of the market-rate units in comparison to affordable units shall be in accordance with COAH's phasing schedule established by N.J.A.C. 5:93-5.6(d).

All affordable units shall be subject to deed restrictions on income limits for a period not less than 30 years.

The affordable dwelling units shall be split equally between moderate-income units and low-income units. The low-income portion of the split shall be inclusive of the very-low-income units.

At minimum, 13%, or 18 units, whichever is greater, of all the affordable dwelling units shall be made available to very-low-income households.

§ 188-84.4 Moderate- and Low-Income Housing Zone 14 (ML-14).

[Added 11-12-2019 by Ord. No. O-19-54]

Purpose and intent.

In accordance with the executed settlement agreements by and between the Township and Fair Share Housing Center dated October 18, 2018, and November 20, 2018, the Township is obligated to create an affordable housing inclusionary zoning district on certain lands in the Township in accordance with the applicable rules of the New Jersey Council On Affordable Housing (COAH) in order to meet its constitutional obligation to provide for its fair share of affordable housing.

The Moderate- and Low-Income Housing Zone 14 (ML-14) District is intended to assist the Township in complying with its affordable housing obligation. The following properties shall be included within the ML-14 District: Block 143, Lots 6 and 6.01 ("North Parcel"); and Block 144, Lots 8, 9, 10, 11, 12, 14, 15, 20, 35, 111, 112, 142, 145-150, 160-165, 165.01, 167, 177, 178, 178.01 and 178.02 ("South Parcel").

[Amended 5-10-2022 by Ord. No. O-22-12]

Permitted uses. The following shall be permitted in the ML-14 District:

Principal uses. Multiple permitted uses shall be permitted on the same lot in the ML-14 District.

[Amended 6-27-2023 by Ord. No. 23-22]

Single-family dwelling.

Townhouse dwelling.

Multiple dwelling.

Stormwater basins.

Water towers and pump stations.

All other utilities appurtenant to subject development.

Conditional uses: none.

Accessory uses. The following accessory uses are permitted:

Sheds, decks, patios, porches, swimming pools, signs, fences, walls, gatehouses and landscaping features, such as benches, trellises, and gazebos, that are customarily incidental to residential uses, located in a manner approved by the Planning Board at the time the development receives its development approvals which authorizes specific locations or typical locations for each dwelling type.

Active and passive recreational facilities for the use of the residents of the community, including fitness centers, swimming pools, playgrounds, landscaped trails and parks, and clubhouses. Such facilities must be owned, operated and maintained by the property owner. Any community building may be used to provide services and activities primarily for the benefit and enjoyment of the residents of the community.

Home occupations as per § 188-64.

Utilities and related services, such as transformers, pumping stations, treatment facilities, meters, etc., necessary for the proper distribution and monitoring of these services.

Garages and off-street parking areas.

Any other uses that are customarily incidental and subordinate to a principal use.

Area, yard, bulk and site design requirements.

The North Parcels shall be dedicated to the Township.

[Amended 6-27-2023 by Ord. No. 23-22]

For uses listed in § 188-84.4B(1)(d), (e) and (f), there shall be no minimum lot size or minimum setback in the ML-14 District. Further, water towers shall be permitted to a maximum height of 120 feet in the ML-14 District.

[Added 6-27-2023 by Ord. No. 23-22[1]]

Editor's Note: This ordinance also redesignated former Subsection C(2) through (10) as Subsection C(3) through (11), respectively.

The following intensity and design ratios are applicable to the South Parcel in its entirety and shall not be applied to any individual lot or lots which may be created as part of the overall plan of development.

Maximum number of dwelling units: 458.

[Amended 6-27-2023 by Ord. No. 23-22]

Minimum number of very-low-, low-, and moderate-income dwelling units: 138.

[Amended 6-27-2023 by Ord. No. 23-22]

Maximum building coverage: 20%.

Maximum impervious coverage: 40%.

Perimeter landscape buffer.

[Amended 5-10-2022 by Ord. No. O-22-11; 6-27-2023 by Ord. No. 23-22]

A landscaped buffer of a minimum width of 50 feet shall be provided along any tract boundary, except where such boundary abuts public open space or lands to be dedicated as public or private open space, in which instance the required buffer shall not be less than 25 feet.

Stormwater basins, facilities and piping and associated grading and amenities, shall be permitted within buffer areas where such buffer area is directly between any lot within the ML-14 Zone. Further, in the ML-14 Zone, the setback shall be measured from the overall tract boundary line, and the buffer shall also be measured from the overall tract boundary line, so that both the setback and buffer run coincidentally as to prevent the stacking of a setback requirement on top of a buffer line. Moreover, any such buffer area setback for a stormwater basin facility or piping and associated grading and amenities, shall not apply to any interior lot line created as part of this subdivision.

Requirements for single-family detached houses.

No single-family detached dwelling shall exceed 35 feet in height and 2 1/2 stories.

Setback and building requirements:

[Amended 5-10-2022 by Ord. No. O-22-11]

Standard	Requirement
Minimum lot area	6,000 square feet
Minimum lot frontage	60 feet
Minimum front yard setback	25 feet
Minimum rear yard setback	25 feet
Minimum side yard setback	8 feet
Minimum side or rear yard setback for accessory structure or use	5 feet

Townhouse requirements.

No townhouse shall exceed 45 feet in height and three stories.

Setback and building requirements:

[Amended 6-27-2023 by Ord. No. 23-22]

Standard	Requirement
Maximum number of units per building	8
Maximum building length	200 feet
Minimum setback from right-of-way of existing West Farms Road and Casino Drive	75 feet
Minimum setback from all other property lines	50 feet
Minimum setback from off-street parking areas	10 feet
Minimum setback from all internal streets	25 feet
Minimum distance between buildings
Front to front	60 feet
Side to side	25 feet
Side to front/rear	35 feet
Rear to rear	50 feet

Requirements for multifamily dwellings.

No building containing multifamily dwelling units shall exceed 45 feet in height and four stories.

Setback and building requirements:

[Amended 6-27-2023 by Ord. No. 23-22]

Standard	Requirement
Maximum number of units per building	24 units
Maximum building length	250 feet
Minimum setback from right-of-way of existing West Farms Road and Casino Drive	100 feet
Minimum setback from all other property lines	75 feet
Minimum setback from internal streets	25 feet
Minimum setback from off-street parking areas	10 feet
Minimum distance between buildings	40 feet

Internal streets and off-street parking shall be provided and designed in accordance with the New Jersey Residential Site Improvement Standards set forth at N.J.A.C. 5:21-1.1 et seq.

Recreational requirements.

Recreational facilities such as sidewalks and pedestrian pathways, small parks and gathering areas with seating, picnic areas with graded grass areas for spontaneous activities and other recreational amenities shall be located within the development a minimum ratio of 10 square feet per market rate dwelling unit.

Provision for long-term maintenance of recreational facilities must be provided in a manner satisfactory to the Planning Board, and the responsibility for the cost of such maintenance shall be borne by the applicant.

Additional requirements and exceptions from other requirements.

Waiver of cost generation measures pursuant to N.J.A.C. 5:93-10.1 et seq. In order to permit the intended, agreed upon development of the property, the Township agrees to abide by the COAH regulations against cost generative measures as set forth at N.J.A.C. 5:93-10.1(b) in conformance with the specific provisions of the developer's agreement between the Township and Tyrpak Road Group, LLC. Specifically:

Any inclusionary development within the within the ML-14 Zone shall be exempt from the Township tree replacement regulations set forth at § 188-194 et seq., within the Township Code. It is understood that any costs that may have accrued, but are waived for any inclusionary development within the ML-14 Zone pursuant to the tree replacement regulations, may be paid to the Township from the Township's Affordable Housing Trust Fund in accordance with the approved spending plan.

Any inclusionary development within the ML-14 Zone shall be subject to the provisions N.J.A.C. 5:93-10.2, which set forth limitations on application requirements and provide a standard of review for the Planning Board for necessary variances or deviations necessary to accomplish the intent of this district.

Any off-site improvements or payments in lieu thereof related to the provision of potable water and sanitary service provision shall be imposed on a fair share basis strictly in accordance with N.J.S.A. 40:55D-42.

All multifamily dwellings shall be exempt from the standards found within § 188-138, regarding look-alike standards for residential construction.

Environmentally sensitive features on the tract, including wetlands and steep slope areas, shall be maintained and conserved either through dedication to Howell Township or by private covenant or deed restriction. The area of such dedicated or restricted environmentally sensitive areas shall continue to be considered as part of the tract area for purposes of compliance with the bulk regulations set forth in this section.

[Amended 5-10-2022 by Ord. No. O-22-11]

Wetlands and transition areas on the tract shall be established pursuant to a letter of interpretation issued by the New Jersey Department of Environmental Protection ("NJDEP") pursuant to the provisions of N.J.A.C. 7:7A-4.1 et seq.

Steep slopes on the tract shall be defined as any slope equal to or greater than 20%, as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less. For example, any location on the site where there is a one-foot rise over a ten-foot horizontal run constitutes a 10% slope; a 1.5-foot rise over a ten-foot horizontal run constitutes a 15% slope; a two-foot rise over a ten-foot horizontal run constitutes a 20% slope.

For steep slopes as defined herein, any disturbance shall be prohibited except as provided below:

[i]

Development within the limits of existing impervious surfaces; and

[ii]

New disturbance necessary to protect public health, safety or welfare, such as necessary linear development with no feasible alternative; to provide an environmental benefit, such as remediation of a contaminated site; or to allow for the extension or construction of infrastructure, including roadways and all utilities necessary for development; or to limit the scope of grading necessary for development which may include the use and construction of retaining walls.

Open space lands may be maintained by the owner, a tenant association or a homeowner's association, or may be dedicated to Howell Township as determined by the Planning Board. The area of such dedicated open space shall continue to be considered as part of the tract area for purposes of compliance with the bulk regulations as set forth in this section.

Retaining walls shall be permitted in the ML-14 Zone. A retaining wall shall be defined as a structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion and which is minimally four feet in height. The maximum height for a retaining wall in the ML-14 Zone shall be six feet. In the event of stepped retaining walls, there shall be a minimum of four feet between each such retaining wall. A retaining wall shall not be subject to the requirements of Township Code § 188-12, but shall be subject to the provisions of this section, Township Code § 134-7 and the applicable provisions of the New Jersey State Uniform Construction Code. N.J.A.C. 5:23-1.1 et seq., including N.J.A.C. 5:23-2.14(g), except that Township Code § 134-7C(1) shall not be applicable, and retaining walls shall be permitted at or up to any lot property line.

[Added 5-10-2022 by Ord. No. O-22-11]

Retaining walls shall be exempt from the provisions set forth in § 134-7B(2), (9) and 134-7C(3). As such, the project will be graded to allow infiltration and both capture some of the stormwater and allow some of the stormwater runoff to drain over the wall to existing grades.

[Added 6-27-2023 by Ord. No. 23-22[2]]

Editor's Note: This ordinance also redesignated former Subsection C(10)(h) through (j) as Subsection C(10)(i) through (k), respectively.

The provisions of § 188-212 et seq. (Stormwater Control) shall be applicable within the ML-14 Zone. In the event that the provisions of § 188-212 conflict with or impose requirements other than those set forth within the provisions of the Residential Site Improvement Standards, N.J.A.C. 5:21 ("RSIS"), the RSIS shall control.

[Added 5-10-2022 by Ord. No. O-22-11]

The provisions of § 188-132 shall be applicable except that § 188-132A shall be modified as follows: "Sidewalks shall be constructed on at least one side of all proposed streets, along the entire frontage of the subject property, and in other selected locations determined by the Board to be in the interest of public safety and proper pedestrian circulation and in accordance with the applicable provisions of the Residential Site Improvements Standards, N.J.A.C. 5:21-1.1 et seq. Sidewalks shall be required on both sides of any section of proposed street, provided such section of street contains dwelling units on both sides thereof. Sidewalks shall be at least four feet wide and four inches thick, except at points of vehicular crossing, where they shall be at least six inches thick with welded wire fabric reinforcement. The sidewalk subgrade shall be a minimum of six inches thick of compacted porous material approved by the Township Engineer prior to placement of any concrete. Where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six feet. Provide one-half-inch-wide preformed bituminous expansion joints at intervals not exceeding 20 feet. Contraction joints shall be cut into the concrete sidewalk between the expansion joints at every four feet. All concrete shall be air-entrained, having a twenty-eight-day compressive strength of 4,500 psi.

[Added 5-10-2022 by Ord. No. O-22-11]

Vehicular access, other than for emergency vehicles as approved by the Planning Board, is prohibited from Stuart Street and Tyrpak Road. Access to residential development within ML-14 Zone is limited to Casino Drive and West Farms Road.

[Added 7-12-2022 by Ord. No. O-22-43]

Affordable housing requirements.

The total affordable housing obligation is 138 units, a minimum of 58 of which shall be affordable family rental units.

Thirty percent or 138, whichever is greater, of the units constructed within the ML-14 District are to be affordable to low- and moderate-income households ("affordable units") in accordance with the Superior Court's April 5, 2019, order entered In the Matter of the Application of the Township of Howell, County Monmouth, Docket No. L-2525-15.

Thirty percent of the residential units shall be deed restricted in accordance with the provisions of the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) (UHAC), which shall govern the number of bedrooms and rents for the affordable units.

The affordable dwelling units shall be split equally between moderate-income units and low-income units. Very-low-income units shall be included within the low-income portion of the split.

In the event that an equal split of the affordable dwelling units results in a fraction of a unit, the additional unit shall be made available to low-income households.

A minimum of 13% of the total number of affordable dwelling units, or 22 units, whichever is greater, shall be made available to households categorized as very-low-income households.

Phasing for construction of the affordable units shall be in accordance with COAH's phasing schedule established by N.J.S.A. 5:93-5.6(d). The phasing schedule shall apply based on the percentage constructed of the total number of affordable units on both the North and South Parcels combined as compared to the total number of market-rate units on the South Parcel.

All affordable units shall comply with the regulations of UHAC and/or the New Jersey Council on Affordable Housing (COAH), as may be applicable, including, but not limited to, those concerning a) income qualifications, b) controls on affordability for a period of 30 years, c) deed restrictions, d) bedroom distribution, e) low-/moderate-income split, f) affirmative marketing and g) handicap accessibility. Notwithstanding the foregoing, it is understood and agreed that the affordable units may be constructed in buildings separate and apart from buildings containing market-rate units.

All affordable units shall be subject to deed restrictions on income limits for a period not less than 30 years.

§ 188-85 Agricultural Rural Estate/Natural Resource Wilderness Protection Zone (ARE-NRW).

Purpose. The purpose of the ARE-NRW Zone is to continue the rural character of Howell Township through the employment of combined open space and residential uses in order to maximize open space, recreational areas and the preservation of the environment. The intent of this zone is to encourage the use of imaginative design, to provide an adequate open space, recreational area and preservation of the environment and the objectives of the Howell Township Master Plan. The ARE-NRW District shall be an overlay district to the existing zone districts, and development standards set forth in this section shall apply only if the development plan has 335 acres.

Permitted uses.

Principal uses: all uses permitted in the ARE-3 Zone.

Accessory uses: same as permitted for ARE-3 Zone.

Bulk requirements.

All development shall conform to the applicable ARE-2 and ARE-6 Zone standards except that if the ARE-NRW Zone is developed in accordance with a single overall development plan, the following standards shall supersede and apply:

Minimum tract: 335 acres.

Permitted number of single-family lots: 137.

Minimum open space for passive recreation: 230 contiguous acres.

Minimum additional open space for active and/or passive recreation: 15 acres.

Minimum lot area: 12,500 square feet.

Minimum lot frontage: 75 feet.

Minimum lot width (measured from front setback line): 100 feet.

Minimum front setback fronting on off-site public street: 40 feet. Off-site public streets are existing public roadways upon which a subdivision tract to be developed front approved site plan.

Minimum front setback fronting on internal street: 25 feet. Internal streets are roadways created as a result of a subdivision which provides access to the individual home sites.

Minimum side yard:

One side: 15 feet.

Other side: 10 feet.

Combined: 25 feet.

Minimum rear yard: 30 feet.

Minimum rear yard accessory use (e.g., decks, swimming pools, sheds, tennis courts, spas, etc.)

The maximum number of lots within the overall development shall not exceed the number established by a yield map based upon the ARE-6 Zone requirements for that portion of the zone northwest of the northwest line of the Jersey Central Power and Light Company right-of-way and the ARE-2 Zone requirements for that portion of the zone southeast of the northwest line of the Jersey Central Power and Light Company right-of-way. Said yield map shall be prepared in accordance with the above.

Parking requirements. There shall be required a minimum of two off-street parking spaces for each dwelling unit.

§ 188-86 Planned Retirement Community (PRC).

[Added 3-18-2002 by Ord. No. O-02-7]

Purpose. The purpose and intent of the PRC District is to enable the planned development of a residential retirement community for active seniors which shall also contain a mix of recreational and commercial facilities, as well as amenities and services to serve the residents thereof in accordance with a required comprehensive site development plan approved by the Township of Howell.

Definitions.

The following terms shall apply to the PRC Development District:

ACTIVE SENIOR

An adult of 55 years of age or older who may still be employed full time and is capable of independent living (not requiring assistance), who may utilize the recreational amenities available in the PRC.

PLANNED DEVELOPMENT

A residential community provided for permanent residents aged 55 years or over in which the residential property and the residential-related open space, recreation facilities and property are all owned by a mutual nonprofit corporation or corporations, established pursuant to the laws of the State of New Jersey and also governed by Section 213 of Title 11 of the National Housing Act (or provisions of a similar or comparable nature) or by individuals, condominium associations or other entities, all of which shall have rules and regulations controlling the development in conformance with this chapter.

RECREATIONAL FACILITIES

To include items such as but no limited to buildings for recreational uses, biking paths, bridle paths, walking paths, tennis courts, shuffleboard courts, swimming pools, golf course, and similar recreational improvements related to the PRC.

Permitted uses.

Principal uses:

Age-restricted single-family detached dwellings for owner occupancy.

Required recreational uses, at least one of each:

Clubhouse, physical fitness room.

Olympic size swimming pool.

Tennis court.

Shuffleboard court.

Model homes and/or sales office.

Accessory uses:

Administration and security buildings related to the PRC.

Retail uses, not to exceed 3% of the gross tract area, that comply with the specific requirements of the Highway Development (HD-2) Zone, which shall be located only upon highway frontage.

Individual storage sheds and patios.

Bus stops to service the retirement community center as part of the PRC development.

Golf course.

Medical facilities, not to exceed 1% of the gross tract area.

Off-street parking facilities.

Conditional uses:

Houses of worship.

Tract requirements.

Tract requirements. The tract shall be under one ownership or control by the applicant for purposes of obtaining all required development approvals, and committing the tract to the regulations of the Planned Retirement Community Development District.

Tract density: 2.25 dwelling units per gross acre, dependent on site-specific natural features and environmental constraints.

Minimum tract area: 100 acres.

Minimum tract frontage: 200 linear feet on a collector or arterial roadway.

Minimum tract perimeter buffer: 50 feet to residential uses; 100 feet to active farm use; 100 feet to commercial use; 100 feet to arterial roadway.

Minimum tract open space: 50%.

Area, yard and building requirements.

Minimum lot area: 7,200 square feet.

Minimum corner lot area: 9,600 square feet.

Minimum lot frontage: 50 feet.

Minimum lot width: 60 feet.

Minimum lot depth: 120 feet.

Minimum front yard setbacks: 20 feet.

Minimum rear yard setbacks: 25 feet.

Minimum side yard setback (one-story units): nine feet.

Minimum side yard setback (two-story units): 10 feet.

Minimum both side yards (one-story units): 18 feet.

Minimum both side yards (two-story units): 20 feet.

Maximum lot coverage:

Buildings: 35%

Impervious: 45%.

Minimum distance between buildings (one-story): 18 feet.

Minimum distance between buildings (two-story): 20 feet.

(15)

Maximum building height: 30 feet.

(16)

Maximum stories: two stories.

(17)

Minimum accessory building setbacks:

Side: five feet.

Rear: five feet.

(18)

Distance to another building: 10 feet.

Minimum parking requirements.

Residential: two spaces per dwelling unit, at least one shall be a garage. The driveway shall be a minimum of 20 feet deep and 12 feet wide.

Commercial: one space per 200 square feet floor area.

Minimum landscape requirements. The following PRC standards are in addition to applicable Township standards:

Tract. Street trees shall be planted along all perimeter street frontages and both sides of all internal roadways. Trees shall be installed within a minimum size of three-inch caliper, and spaced 50 feet apart, and located per Township standards.

Residential. The applicant, with each homeowner so notified within a prospectus, shall be responsible for planting a minimum of one shade tree of three-inch caliper, and 10 shrubs with a minimum size of 30 to 36 inches, within six months of occupancy of a dwelling unit.

Commercial.

A minimum of 15% of the net commercial site shall be landscaped.

A fifteen-foot wide landscaped buffer to residential uses shall be provided and planted with evergreen plantings 10 feet high and 10 feet apart, and shall be supplemented with shrubs to provide four-season interest.

Parking areas shall be screened from roadways by evergreen plantings installed a minimum of 36 inches high (30 inches high within required sight triangles), and located a maximum of 36 inches apart.

Stormwater management facilities. All facilities shall be screened with perimeter plantings, a minimum of 36 inches high, designed to provide four-season interest. To the extent possible, water-tolerant plants and native plant species shall be incorporated in the basin interior.

Signage. Provisions of Chapter 256 of the Howell Township Code shall govern signage associated with the PRC Development District, except as specified below:

Identification signs. A maximum of two freestanding project identification signs are permitted only at the entrance driveways to the development. These signs shall state the name of the development and no other advertising material. Each sign shall not exceed four feet in height, and have a maximum face area of 32 square feet. Signs shall have ground-level external illumination. Signs shall be mounted on a monument base and landscaped.

Interior signs. At the sales office of the development, the recreation center, and any other accessory building associated with the operation of the community, a maximum of one freestanding identification sign shall be permitted. Each sign shall only identify the facility. Each sign shall not exceed three feet in height, and have a maximum face area of 18 square feet. Signs shall have ground-level external illumination. Signs shall be mounted on a monument base and landscaped.

Commercial signs. One freestanding identification sign shall be permitted on the primary frontage of the commercial site. The sign shall identify the center, and provide an area for each tenant space. Said sign shall be a maximum of 12 feet high, with a maximum face area of 72 square feet. Said sign shall have ground-level external illumination. Said sign shall be mounted on a monument base and landscaped. One nonilluminated facade sign shall be permitted for each tenant space within the center. Signage shall not exceed 10% of the front wall area of each tenant space. All facade signage shall be of a uniform height, not to exceed two feet.

Temporary signs. Project identification signs shall comply with § 256-5B of the Howell Township Code. Signs advertising dwellings for sale shall comply with § 256-4I of the Howell Township Code.

Deed restrictions. Approval of a planned retirement community development consisting of age-restricted housing in the Township shall be conditioned upon the submission by the applicant to the approving board attorney of restrictive covenants on the deeds to any and all portions of a tract so developed, to insure that:

Occupancy will be limited to persons 55 years of age and older with no children in permanent residence as governed by Section 213 of Title 11 of the National Housing Act, as amended.

No further development of the parcel will be permitted.

Management and maintenance. Within the PRC, the applicant shall establish a homeowners' association.

Management of roadway, recreation facilities, security, internal transportation and open space shall be owned and maintained by a homeowners' association consisting of all residents. Notification of this provision is to be included in the contract of sale for each dwelling unit.

The homeowners' association shall own and be responsible for the maintenance, repair and reconstruction of all buildings and lands owned by the residents of the community in common with one another. Such lands shall include, at a minimum, all recreational areas, open space, and drainage facilities required by the Township Planning Board.

Required open space and recreation facilities:

Open space recreation:

For projects over 200 acres, at least 50% of the overall tract area shall be reserved for unimproved open space, including the PRC recreational facility. For projects under 200 acres, at least 30% of the overall tract area shall be reserved for open space, including the PRC recreational facility.

A minimum of 10% of all open space shall be utilized for active recreation.

At least 10% of all open space shall be utilized for passive recreation.

All open space and recreation areas shall be owned in common by residents of the PRC and managed by the homeowners' association.

Any open space area for recreation purposes shall have a minimum contiguous area of not less than five acres at one location.

A comprehensive recreation plan shall be prepared, and approved by the Township Planning Board, to include all proposed passive and active recreation elements such as walking trails, picnic areas, outdoor tennis courts, shuffleboard courts, swimming pools, and seating areas.

Recreational facilities. Each PRC shall have a retirement community center to comply with the following standards:

A comprehensive circulation plan shall be prepared to provide for and coordinate the road network, bike paths and sidewalk layout for the entire development with emphasis on access to the PRC center.

The PRC center may include, but not be limited to, cafeteria facilities, homeowners' association management offices, recreational and social activities rooms and offices, and a multipurpose room designed for social activities.

The PRC center shall have a minimum area footage of 15 square feet per dwelling unit. The PRC center building shall provide adequate space to accommodate such optional amenities as a medical suite, a nutrition counseling suite, etc.

Ownership and maintenance. All open space areas shall be protected by legal arrangements, satisfactory to the Planning Board Attorney, sufficient to assure their maintenance and preservation for their intended purpose. Covenants or other legal arrangements, including homeowners' associations, shall specify ownership of the area; method of maintenance, responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain the area will not be dissolved without the consent of the Township Planning Board; and any other specifications deemed necessary by the Planning Board.

Additional facilities. Each PRC shall provide appropriate security measures, which shall include, but may not be limited to, gatehouses and/or secured entries to the PRC and long-term off-street parking facilities for seasonal vehicle storage, recreational vehicles, boat trailers, etc. Such long-term parking areas shall provide stalls 10 feet wide by 35 feet long with aisles 25 feet wide and shall have dense perimeter landscape screening.

Timing of construction of accessory uses.

At least 50% of any commercial component of the approved PRC development plan shall be constructed prior to the issuance of a certificate of occupancy for more than 50% of the dwelling units. The entire (100%) commercial component of the approved PRC development plan shall be constructed prior to the issuance of a certificate of occupancy for more than 90% of the dwelling units.

The PRC center shall be constructed, a certificate of occupancy issued and functional prior to the issuance of a certificate of occupancy for more than 25% of the dwelling units.

All proposed recreational facilities shall be constructed prior to the issuance of a certificate of occupancy for more than 90% of the dwelling units.

§ 188-86.1 Reserved Mount Laurel District (RMLD).

[Added 5-1-2007 by Ord. No. O-07-12; amended 10-16-2007 by Ord. No. O-07-40]

Purpose and intent. The RMLD District is being created to fulfill four policies of the Township:

First, the need for housing in the Township to meet the diverse housing needs of an aging population.

Second, commercial development along Route 33 will provide increased convenience for the residents of the area and mitigate the extent of additional vehicle miles traveled with residential growth in the area.

Third, the implementation of this zoning district is an integral part of the Township's efforts to meet its affordable housing obligation.

Fourth, the implementation of the RMLD District arises from a settlement agreement which ends a dispute that has been a drain on public and private resources.

Permitted uses. The following shall be permitted in the RMLD District:

Principal uses.

Residential dwelling units, which may be configured as single-family attached, townhouses, duplexes, triplexes, and multifamily dwellings.

Commercial uses, including:

Retail sales and services.

Offices, including medical offices and centers, professional services and financial institutions.

Restaurants and related food preparation, sales and service establishments.

Special needs residential facilities which provide common living areas, shared by a number of separate bedrooms as licensed and permitted by the State of New Jersey.

In conjunction with the uses enumerated above, provisions for drive-through, pick-up or take-out facilities.

Conditional uses: none.

Accessory uses. The following accessory uses are permitted:

Sheds and decks shall be located no closer than five feet to any rear or side yard property lines and may not be located in buffers required for the tract along adjoining uses.

Home occupations as per § 188-64.

Utilities and related services such as transformers, pumping stations, treatment facilities, meters, etc., necessary for the proper distribution and monitoring of these services.

Off-street parking and loading areas consistent with New Jersey's Residential Site Improvement Standards.

Area, yard, bulk and architectural requirements. The following tract requirements shall apply:

Permitted uses and density.

Maximum number of dwellings units is 73 units.

Seventy-two Mt. Laurel units.

One custodial/superintendent unit.

Minimum commercial square footage: 9,600 square feet.

Landscape buffers.

A landscaped buffer of a minimum width of 50 feet shall be provided along NJ State Highway Route 33.

A landscaped buffer of a minimum width of 50 feet shall be provided along all other RMLD Zone boundaries except adjacent to the approved buffer in the PRC Zone, and where a buffer in the PRC does not exist, the buffer shall be 35 feet.

Bulk requirements.

Townhouses.

No townhouse shall exceed 35 feet in height and 2 1/2 stories.

No new accessory building as may be approved by the Board, shall exceed 15 feet in height and 1 1/2 stories.

Setback and building requirements. The following are setback and building requirements for townhouse units:

Standard			Requirement
Maximum number of units per building			8
Maximum building length			200 feet
Minimum setback of buildings to NJSH Rt. 33			75 feet
Minimum setback to § 188-86.1C(2)(b)			15 feet
Minimum setback to off-street parking areas			10 feet
Minimum setback to internal streets			15 feet
Minimum distance between buildings
	One-story townhouse unit
		Side to side	20 feet
		Side to front/back	30 feet
		Back to back	40 feet
		Rear yard from buffer	15 feet
	Two-and-one-half story townhouse unit
		Side to side	25 feet
		Side to front/back	40 feet
		Back to back	50 feet
Minimum parking requirements (see RSIS/N.J.A.C. 5:91-4.14 et seq.)
	1-bedroom		1.8 spaces
	2-bedroom		2.3 spaces
	3 or more bedrooms		2.4 spaces

Multifamily units.

No building containing age-restricted multifamily dwelling units shall exceed 45 feet in height and three stories.

No new accessory building, as may be approved by the Board, shall exceed 15 feet in height and 1 1/2 stories.

Setback and building requirements.

Standard		Requirement
Maximum number of units per building		24 units
Maximum building length		250 feet
Minimum setback of buildings to NJSH Rt. 33		115 feet
Minimum setback to § 188-86.1C(2)(b)		15 feet
Minimum setback to internal streets		25 feet
Minimum setback to off-street parking areas		10 feet
Minimum distance between buildings		30 feet
Minimum required parking (see RSIS/N.J.A.C. 5:91-4.14 et seq.)
	1-bedroom	1.8 spaces
	2-bedroom	2.0 spaces
	3-bedroom or more	2.1 spaces

Bulk requirements for commercial development: As found on Schedule II, Bulk and Dimensional Requirements Nonresidential Zones for Highway Commercial (HC) Zone.[1]

A minimum of 15% of the net commercial site shall be landscaped.

A fifteen-foot-wide landscaped buffer to residential uses shall be provided and planted with evergreen plantings 10 feet high and 10 feet apart, and shall be supplemented with shrubs to provide four-season effect.

Parking areas shall be screened from roadways by evergreen plantings installed a minimum of 24 inches high and located a maximum of 36 inches apart. A planting area within sight triangle easement shall be planted similarly with evergreen shrubs and shall have a maintained height of note more than 30 inches.

Editor's Note: Schedule II is included as an attachment to this chapter.

Additional requirements and exceptions from other requirements.

The development application is exempt from any generally applicable fees charged by the municipality for COAH contributions, recreation, tree replacement, open space preservation, or similar fees. No off-tract infrastructure requirements may be assessed or assigned to the development for any roadway improvements by the municipality. Any off-site improvements or payments in lieu thereof related to the provision of potable water and sanitary service provision shall be imposed on a fair-share basis strictly in accordance with N.J.S.A. 40:55D-42.

The application must be based upon the settlement agreement by and between the Township of Howell and Centex Homes, L.C.C. in regard to phasing requirements.

The affordable housing obligation for this tract is 72 affordable family units, which shall be deed restricted pursuant to N.J.A.C. 5:80-26.1 et seq. and will comply with all of COAH's rules with respect to accessibility.

As an inclusionary development, all applications are subject to the provisions of N.J.A.C. 5:94-8 et seq., which sets forth limitations on application requirements and provides a standard of review for the Planning Board for variances or deviations necessary to accomplish the intent of this district.

§ 188-86.2 Residential Adult Community (RAC).

[Added 7-17-2007 by Ord. No. O-07-23]

Purpose. The purpose and intent of the RAC Zone is to provide for the development of an adult community in areas of the Township of Howell in accordance with applicable federal and state laws and regulations. This may include recreational facilities.

Definitions. The following terms shall apply to the RAC Residential Adult Community District:

OPEN SPACES

Any parcel of land or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such area may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land. Open space may include farm land set aside in perpetuity intended for the preservation of the farming use.

[Amended 6-4-2008 by Ord. No. O-08-16]

Permitted uses.

Principal uses: single-family and multifamily dwellings.

Accessory uses:

Recreational facilities.

Off-street parking facilities.

Utility structures.

Conditional uses: none.

Tract/bulk requirements.

Minimum gross acreage: 50 acres.

Minimum lot area.

Corner: 6,000 square feet.

Interior: 5,000 square feet.

Minimum lot width:

Corner: 70 feet.

Interior: 50 feet.

Minimum lot depth: 100 feet.

Minimum lot depth along Garden State Parkway: 125 feet.

Minimum lot frontage. (For irregularly shaped lots, 60% of minimum lot frontage is permitted.)

Corner: 70 feet.

Interior: 50 feet.

Minimum front yard: 25 feet.

Minimum side yard: five feet; combined: 15 feet.

Minimum distance between buildings: 15 feet.

Minimum rear yard: 20 feet.

Maximum impervious coverage: 50%.

Maximum building coverage per lot: 41%.

Maximum building height: 35 feet.

(15)

Maximum building density: 3.6 units per acre.

(16)

Minimum open space (gross acreage): 30%.

(17)

Maximum building coverage (overall): 25%.

(18)

Minimum accessory building.

Side yard: 10 feet.

Rear yard: 10 feet.

Maximum height: 16 feet/one story.

(19)

Principal building setbacks.

Along Garden State Parkway, between GSP and principal structure: 40 feet.

Along border with Howell and Brick, between principal dwellings: 60 feet.

(20)

Perimeter boundary setbacks.

Along border with Howell and Brick: 20 feet.

(21)

Building setbacks and minimum distances between all buildings shall be measured from lot lines (and not from street lines) to building foundation lines, excluding foundations for fireplaces, porches and other exterior protrusions of a building which do not protrude beyond five feet.

Deck, patio or screened porch. Permitted within 10 feet of any rear yard line and within five feet of any side yard line.

Minimum parking requirements.

Minimum off-street parking: three per unit (includes garage).

Minimum driveway curb cut: 18 feet.

Recreational area requirements.

Clubhouse (15 square feet per dwelling unit): 2,655 square feet.

Pool: 1,500 square feet.

Pool sitting area: 3,000 square feet.

Parking (one per 50 square feet of clubhouse): 54.

Picnic/barbecue area (10 square feet per dwelling unit): 1,770 square feet.

Impervious lot coverage: 50%.

Two tennis courts and a horseshoe pit: 1.96 acres.

Deed restrictions. Approval of a residential adult community in the Township shall be conditioned upon the submission by the applicant to the approving board attorney of restrictive covenants on the deeds to any and all portions of a tract so developed, to include the following provisions:

Requiring owners to, at all times, operate and maintain such lots or parts of the tracts in good order and repair and in a clean and sanitary condition.

Requiring that all cross-easements for all parking areas, appurtenant ways, pedestrian accesses and utilities shall be maintained between all lots.

Infrastructure requirements.

Sight triangle easements shall be subject to the Land Use Regulations of the Township of Howell: Intersections: Interior: 90 feet by 90 feet. (Distance measured from center line to center line.)

MULTIPURPOSE RECREATION AND SPORTS COMPLEX

All roadways, open space and storm drainage facilities shall be privately owned and maintained by the homeowners' association.

Relationships to other sections within this chapter. Where the regulations of the RAC Zoning District conflict with any other regulations of this chapter, the regulations contained in this section for the RAC Zoning District shall apply.

§ 188-86.3 Multipurpose recreation and sports complex.

[Added 10-20-2009 by Ord. No. O-09-52]

Purpose. The purpose and intent of providing for the development of a multipurpose recreation and sports complex in the SED Zone is to address the year-round recreational needs of both adults and children.

Definitions. The following terms shall apply to a multipurpose recreation and sports complex:

HEALTH CLUB

An establishment that provides exercise facilities such as running, jogging, aerobics, weight lifting, court sports, and swimming, as well as locker rooms, showers, massage rooms, saunas and related accessory uses such as pro shops that sell a variety of sports equipment and clothing.

A private members-only facility intended to provide both adults and children year-round health, fitness, athletic activities, and a sports academy to provide instruction, training and practice in such sports as baseball, soccer, football, softball, lacrosse, field hockey and swimming. The multipurpose recreation and sports complex shall provide for a wide variety of indoor and outdoor uses, with or without seating for spectators, and shall provide accommodations for a variety of individual and organized sports including but not limited to volleyball, handball, lacrosse, field hockey, softball, basketball, soccer, football and baseball facilities, including indoor batting cages and outdoor fields. Such a facility may also provide other regular organized sporting events, health and fitness club facilities, swimming pools, snack bar, and retail sales of related sports, health and fitness items, and other support facilities. All uses within the complex shall be nonmotorized.

Location. A multipurpose recreation and sports complex shall only be permitted within an SED Zone District. The multipurpose recreation and sports complex shall be serviced by public sewer and centralized water, located next to or within the Monmouth County's Western Monmouth Development Plan regional center expansion area, and having lot frontage along a local roadway.

General.

In the SED Zone a multipurpose recreation and sports complex shall be located to assure the safety of the users of the on-site facilities from any other SED permitted land uses.

Vehicular access to and from the development shall be limited to two driveway curb cuts along the frontage of a local roadway. One of the two curb cuts shall be designed as the main entrance/exit driveway with a landscaped center median island.

Permitted uses on a development tract or property may include an outdoor pool club, a sports building and a health club. Principal buildings shall be oriented to relate to each other in a coherent manner. Acceptable design principles shall be employed in siting buildings, siting parking areas, and providing appropriate-scale pedestrian and bicycle amenities.

A pool club shall include an outdoor pool and patio. There shall also be a children's pool. The pool patio shall have an adjacent open-air pavilion. Provision shall be made for picnic and play areas and a beach volleyball court. The pool area shall be designed to be covered with a structure to permit year-round use of the pool. Temporary bleacher seating may be set up in the patio area to facilitate competitive swimming events with spectators.

A sports building shall have a minimum gross floor area of 60,000 square feet. The building shall contain playing surfaces or fields to include designated areas for teams, coaches and spectators within the sports building. The sports building shall meet the following criteria:

Team and individual sports that may be played shall include, but not be limited to, soccer, lacrosse, field hockey, roller hockey, ice hockey, flag football, volleyball, basketball, badminton, weight lifting, roller skating, squash, handball, racquetball, track and field events and functionally similar sporting activities.

The total building square footage may include combined playing surface(s), and coaches and spectator areas.

Areas for personal fitness may include areas for weight training, aerobic conditioning, and other fitness development regimens.

Offices for sports-related professional businesses may include offices for personal trainers, coaches, sports medical professionals, sports associations and functionally similar users.

Ancillary support services may include front desk area, food service, sports retailers, sports-related entertainment, and an elevated enclosed pedestrian bridge to connect a principal building with another principal building that contains similar or complementary uses. The area associated with an elevated enclosed pedestrian bridge shall not be considered part of gross floor area for the purpose of calculating minimum off-street parking requirements.

A health club building shall have a minimum gross floor area of 60,000 square feet. The building shall contain fitness equipment, an indoor pool and basketball court and an elevated track. The health club building shall meet the following criteria:

A portion of total building square footage may be devoted to fitness equipment, offices, and ancillary support services.

A portion of total building square footage may be devoted to an indoor swimming pool, basketball facilities, and an elevated track.

Application for a multipurpose recreation and sports complex shall require the submittal of a traffic study that will address traffic flow and off-street parking requirements. The traffic study shall be submitted with a site plan application and shall be sealed by a licensed traffic engineer.

Architectural design standards.

The pool club building shall be designed to reflect a residential style with materials that include wood frame construction, cedar-look vinyl siding and Timberline-type asphalt shingles.

The sports building shall be steel framed with insulated metal panel siding. The siding shall be articulated with horizontal bands in various colors. A three-to-five-foot-high decorative masonry band shall be provided at the base of the building to provide a durable surface along the grade. Horizontal bands of windows and translucent roof panels shall be provided to minimize the need for interior lighting during the daylight hours. The roof shall be sloping standing seam metal roof panels.

The health club building shall be steel framed with insulated metal panel siding. The siding shall be articulated with horizontal bands in various colors. The banding will serve to break up the mass of some of the larger two-story wall elements. A three-to-five-foot-high decorative masonry band shall be provided at the base of the building to provide a durable surface along the grade. Horizontal bands of windows shall be provided to minimize the need for interior lighting during the daylight hours. Portions of the roof shall be flat with other sections comprised of sloping standing seam metal roof panels. Solar panels shall be installed on the flat roof in such a way that they will not be visible from the ground level.

An elevated enclosed pedestrian bridge may be constructed to connect on-site principal buildings with one another.

The health club building shall feature a distinctive architectural tower element feature that identifies the main entrance to this building.

Mechanical equipment or other utility hardware on roofs, the ground, or mounted on buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways.

The applicant shall submit floor plans and architectural elevations for all buildings associated with the development of a multipurpose recreation and sports complex.

Area, yard and building requirements.

Ownership and control. The property or tract shall be under one ownership or control by the applicant for purposes of obtaining all required development approvals and committing the tract to the regulations of a multipurpose recreation and sports complex.

Minimum gross acreage: 40 acres.

Minimum lot width: 350 feet.

Minimum lot depth along a local roadway: 1,000 feet.

Minimum lot frontage: 350 feet.

Minimum front yard setback: 100 feet.

Minimum side yard setback: 50 feet.

Minimum distance between buildings over one story: 100 feet.

Minimum rear yard setback: 50 feet.

Maximum impervious coverage: 50%.

Maximum building coverage: 20%.

Maximum principal building height:

Pool club: 30 feet/one story.

Health club equal to or over 60,000 square feet: 45 feet.

Sports building equal to or over 60,000 square feet: 60 feet.

Accessory buildings:

Minimum yard setback: twice the height.

Maximum height: 16 feet/one story.

Principal building setbacks: buildings equal to or over 60 feet tall shall have a minimum one-hundred-fifty-foot setback from any property line.

Public sanitary sewer service. Public sanitary sewer service is required for development under the area, yard and building requirements of Subsection F of this section.

Landscape buffers and setbacks.

Landscaping shall be provided approved by the reviewing board to provide shade, designate entrances, screen parking from roads, screen utility areas and provide aesthetic interest throughout the year.

Decorative foundation landscaping shall be required on all street frontages and public view facades and is encouraged on the side and rear facades. A landscaped planting buffer is required between parking areas and buildings.

A landscaped buffer of a minimum width of 50 feet shall be provided along any tract boundary, except where such boundary abuts a roadway frontage, public open space or lands to be dedicated as public or private open space, in which instance the required buffer shall be not less than 15 feet.

Where parking is adjacent to a public right-of-way, a fifteen-foot-wide landscape buffer shall be provided between the edge of the right-of-way and the edge of the parking lot. The landscape buffer shall consist of one or a combination of the following:

A solid wall or architectural fence of four feet in height; and

Landscaping of at least one shrub every three linear feet in the form of an evergreen hedge three feet high; and

Berms at least three feet high to be planted with ground cover, shrubs, and trees so as to provide a substantially solid screen five feet high.

A development application shall include plans for water irrigation of all landscaping, buffering and lawn areas as determined necessary by the Planning Board. The approved irrigation plan shall be constructed, installed and maintained by the developer and/or subsequent owner.

In order to reinforce a sense of place and for ecological benefit, a minimum of 50% of all plantings shall be species native to the region and a maximum of 50% of the plantings may be non-native, noninvasive species. Fertilization and maintenance of plantings shall be as ecologically sustainable as possible, by engaged organic methods and low-spray or no-spray and toxicity protocols wherever feasible.

Off-street parking and loading. Where practical, off-street parking areas shall be integrated into the design of a site to maximize accessibility while minimizing the negative impacts of large parking lots. The use of landscaping, berms, several smaller lots and architectural elements shall be encouraged to reduce the impacts of large parking lot design. Loading areas shall not be constructed facing any street. All loading areas shall be screened from visibility from neighboring property. The following standards shall apply:

Off-street parking spaces shall be required to satisfy the dimensional requirements in § 188-107A, except that a parking space may be nine feet wide and 18 feet in length.

Off-street loading areas shall be appropriately screened with architectural walls and landscaping.

The interior of all parking lots shall be landscaped in accordance with the standards found in § 188-227G.

Sidewalks. Pedestrian linkages between buildings and between parking areas and buildings shall be part of a site plan submission. Pedestrian-oriented amenities such as walks, plazas and/or patios shall be incorporated into the site plan(s) where appropriate. Where required, sidewalks shall be at least five feet wide and located or approved by the approving authority except that sidewalks that abut parking spaces shall be at least six feet wide.

Site lighting. A combination of pole- and building-mounted lights shall be provided to satisfy Township standards and to provide a safe environment. Well designed soft lighting of the building exterior shall be permitted provided that the lighting complements the architecture. The lighting shall not draw inordinate attention to the building. Parking lot and roadway lighting shall be provided by freestanding fixtures designed to minimize glare to the street and adjacent properties. In all cases, site lighting shall be shielded and aimed so as to minimize adverse impacts associated with stray light, glare, overhead sky glow and light that falls beyond the boundaries of the property lines. Light poles shall be no taller than 25 feet as measured from the finished grade. The lighting plan shall take into consideration the hours of operation of the facility. Lights shall be designed so that they can be reduced or turned off when they are not necessary. A timer may be necessary to regulate the hours of operation. The type of light fixture and color of lamping shall be evaluated for their compatibility with the architecture and natural site characteristics.

Deed restrictions. Approval of a multipurpose recreation and sports complex shall be conditioned upon the submission, by the applicant to the approving board attorney, of restrictive covenants on the deeds to any and all portions of a tract so developed, to include the following provisions:

Requiring the owner to, at all times, operate and maintain such lot or parts of the tract in good order and repair and in a clean and sanitary condition.

Requiring that any cross-easements for parking areas, appurtenant ways, pedestrian accesses and utilities shall be adequately maintained.

Establishing the provision for the long-term maintenance of all open lands and recreational facilities and uses. The responsibility for the cost of such maintenance shall be borne by the applicant.

Signage.

Freestanding monument signs.

A maximum of two freestanding monument signs shall be permitted along the local street frontage at each entrance to the tract, set back from the street right-of-way, driveway and lot lines at least 15 feet. These signs shall be located where they are visible from the adjacent street. They shall be monument-based and ground-mounted horizontally, and shall not be raised in the air on poles. They shall not be greater than 48 square feet in size, excluding the base, which shall be a maximum of two feet in height. The base of a monument sign shall be planted with shrubs and seasonal flowers. The sign shall be used to display the development's name.

A freestanding monument sign may be lit with an external spot or floodlighting, halo-lit or with back-lit letters. A ground-mounted light shall be arranged so that the light source is screened from direct view by passersby, and so that the light is directed against the sign and does not shine into adjacent property or blind motorists and pedestrians. Halo-lit or back-lit letters are highly encouraged for the monument signs. Such signs convey a subtle and attractive appearance and are very legible under moderate ambient lighting conditions. Face-illuminated letters are not appropriate for this type of signage.

Wall-mounted signs.

A pool club shall be permitted to have one halo-lit or back-lit wall-mounted sign to be no greater than 40 square feet in size.

A sports building shall be permitted to have two halo-lit or back-lit wall-mounted signs, each to be no greater than 360 square feet in size.

A health club building shall be permitted to have one halo-lit or back-lit wall-mounted sign to be no greater than 180 square feet in size. This maximum amount of signage may be divided between two signs to be mounted on two different faces of a tower element.

Signs shall be mounted so that the method of installation is concealed.

Sign colors shall be compatible with the colors of the building facade.

Back-lighting shall illuminate the letters, characters, or graphics of a sign but not its background.

Additionally, information and directional signs, each not more than three feet in height and 10 square feet in area, shall be permitted, where appropriate and as approved by the Board, in order to guide pedestrian and vehicular traffic to its intended destination in a safe and convenient manner.

Where individual letter signs face nearby residences, a low level of brightness shall be maintained.

To the extent feasible, development of a multipurpose recreation and sports complex shall follow the guidelines of the U.S. Green Council's Leadership in Energy and Environmental Design (LEED).[1]

Editor's Note: Former § 188-86.4, Reserve Mount Laurel District 2 (RMLD-2), added 10-19-2015 by Ord. No. O-15-40, which immediately followed this section, was ruled void by a judge 1-18-2017.

§ 188-86.4 Reserve Mount Laurel District 2 (RMLD-2).

[Added 7-18-2017 by Ord. No. O-17-11]

Purpose. The purpose and intent of the RMLD-2 District is to provide for the development of a one-hundred-percent affordable project not to exceed 72 multifamily units.

Permitted uses.

Principal uses: multifamily dwellings.

Accessory uses:

Recreational facilities.

Off-street parking facilities.

Utility structures.

Conditional uses: none.

Tract requirements.

Maximum tract density: 6.0 dwelling units per gross acre but not to exceed a total of 72 residential units.

Minimum tract area: 10 acres.

Minimum tract frontage: 200 linear feet.

Minimum tract perimeter landscaping: 50 feet from the street line and 30 feet from all other property lines, which may include fencing in addition to vegetative screening. All other buffer or similar requirements set forth in this chapter or Chapter 247, Riparian Buffer/Stream Corridor, that are otherwise applicable to residential zones shall not apply to the RMLD-2 District.

Minimum tract open space: 25%.

Area, yard and building requirements.

Minimum building setback from right-of-way		50 feet
Minimum building setback from all other property lines		50 feet from the street lines; 30 feet from all other property lines
Maximum lot coverage
	Buildings	15%
	Impervious	25%
Minimum distance between buildings		50 feet
Maximum building height		35 feet
Maximum stories		2.5 stories
Maximum number of units per building		32

Relationships to other sections this chapter. Where the regulations of the RMLD-1 Zone conflict with any other regulations of this chapter, the regulations contained in this section for the RMLD-2 Zone shall apply.

§ 188-86.5 Military (MIL).

[Added 7-12-2022 by Ord. No. O-22-34]

Purpose. The purpose of the Military (MIL) Zone is intended to place property which is used and occupied by the United States federal government in association with Naval Weapons Station Earle (NWSE) in a zoning classification that is consistent with the existing uses. The zone provides permitted and accessory uses consistent with military operations and eliminates conflicting and incompatible other uses.

Permitted uses:

Principal uses.

Military facilities.

Accessory uses.

Any use which is customarily incidental to the principal use of the property.

Prohibited uses.

Sexually oriented businesses as defined in § 188-4.

Bulk and dimensional standards.

The bulk and dimensional standards of the MIL Zone shall be consistent with the Agricultural Rural Estate 6 (ARE-6) Zone as per Chapter 188, Schedule III, Bulk and Dimensional Requirements, Residential Zones.[1]