[Added 12-30-2003; amended 12-10-2008; 8-8-2018 by Ord. No. 2018-13; 9-9-2020 by Ord. No. 2020-16; 9-9-2020 by Ord. No. 2020-17]
A. Principal permitted uses on land and in buildings. The following shall be permitted as principal uses:
(1) Multifamily residential buildings, with market rate and multifamily rental affordable housing units. A 20% set-aside of multifamily rental affordable housing units shall be provided in accordance with §
102-97.1 of the Township Code.
(3) Conservation areas and open space.
(4) The growing, cultivating, farming, manufacturing, distribution, or selling of medical and/or recreational
marijuana and/or paraphernalia that facilitates its use, shall be a prohibited principal, accessory or conditional use.
[Added 4-14-2021 by Ord. No. 2021-6]
B. Permitted accessory uses:
(1) Off-street parking facilities and parking lots.
(2) Mailboxes, lampposts, flagpoles, driveways, paths, sidewalks.
(3) Common facilities and amenities, including: tot lots, clubhouse with a fitness center and reception facilities, swimming pools, hot tubs, grilling stations and other on-site recreational areas and facilities, common walkways, gazebos, sitting areas, picnic areas and gardens, enclosed dog park/run area, and other similar uses.
(4) Patios, decks, terraces, and balconies.
(6) Maintenance building accessory to the multifamily buildings, and pump station maintenance building, not to exceed 1,500 square feet of coverage and 25 feet in height.
(7) Satellite dishes and solar energy panels mounted at ground level, which shall be screened from view of public streets and neighboring properties by screening, planting, fencing or a combination of these techniques, in order to provide proper screening after two growing seasons. These location requirements do not apply to solar energy panels that are mounted flush, or nearly flush, with building sides or roofs.
(11) Site lighting. The arrangement of exterior lighting shall adequately and safely illuminate parking areas, internal roadways, and walkways.
(12) Other uses which are customarily incidental to a permitted principal use.
(13) Temporary construction and sales trailers. See §
102-80 for requirements.
(14) Utility structures, including, but not limited to, stormwater management basins and facilities, pump stations, junction boxes, and the like. Existing stormwater management basins and facilities may be utilized in new development.
(16) Barns and accessory buildings to farms. See §
102-84 for requirements.
C. Maximum gross density. Notwithstanding the requirements set forth in §
102-98H and §
102-85.2E setting forth the maximum permitted gross density of residential development, the maximum number of residential units permitted within multifamily buildings is 360 units, or equivalent to a gross density not to exceed 9.5 units per gross acre.
D. Affordable housing. Not less than 20% of the total units developed on the site shall be affordable housing rental units. All affordable units shall be integrated into the market rate dwelling units with no more than 10 affordable units per building. If the multifamily rental dwelling units are subject to a condominium form of ownership, affordable units may be owned and managed by an affordable housing developer. The affordable units shall comply with the applicable regulations of the New Jersey Council on Affordable Housing, including the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and all other applicable law, including a requirement that 13% of all affordable units within each bedroom distribution are available to very-low-income households, and the affordable rental units shall be deed-restricted for a period of at least 30 years from the date of the initial occupancy of each affordable unit, unless and until the Township decides, in its sole discretion, to release the controls on affordability.
E. Bulk, area, and building requirements. Multifamily dwelling units in the A-6 Zone shall be subject to the following requirements. Agricultural uses are subject to the standards of the A-1 Agricultural and Residential District requirements of §
102-84.
Requirements for Multifamily Dwellings | Standard |
---|
Minimum lot area (acres) | 35 acres |
Minimum building setback from front Route 537 frontage* | 75 feet |
Minimum building setback from internal roads, aisles, and parking areas | 10 feet |
Minimum distance between buildings** | 35 feet |
Minimum side yard setback | 20 feet |
Minimum rear yard setback | 0 feet where it abuts a riparian zone; otherwise 25 feet |
Maximum building height*** | 50 feet |
Maximum clubhouse height*** | 30 feet |
Maximum maintenance building height*** | 25 feet |
Maximum building length along longest side | 145 feet |
Maximum building coverage | 20% |
Maximum lot coverage | 40% |
Minimum open space | 50% |
NOTES: |
* | Setbacks are calculated from the property line and may overlap with buffers or setbacks required by any county or state agency. |
** | Patios, balconies, awnings, and stairways servicing buildings are not included in the calculation of minimum distance between buildings, but a minimum separation of 11 feet between buildings including patios shall be maintained, and a minimum separation of 15 feet between buildings including balconies, awnings, and stairways shall be maintained. |
*** | Building height is measured from the finished development grade to the highest point of a roof. |
F. Site access, off-street parking, and loading requirements.
(1) Two site access driveways shall be permitted from County Route 537 to the site. Notwithstanding the provisions of §
102-77H, a development in the A-6 Zone shall be permitted street intersections with the same side of an existing street at intervals of a minimum of 500 feet between center lines of the new streets.
(2) The number of parking spaces shall be consistent with the requirements of N.J.A.C. 5:21-1.1 et seq., known as the "Residential Site Improvement Standards."
(3) The number of parking spaces required for a clubhouse or amenity space shall be one parking space per 800 square feet of gross floor area. Shared parking between a clubhouse or amenity space and residential units may be approved by the Planning Board or Zoning Board of Adjustment.
(4) No loading spaces are required.
(5) Notwithstanding the requirements set forth in §
102-119G, aisles providing access to parking spaces shall be 24 feet in width.
(6) Parking spaces and parking areas shall be set back a minimum of 75 feet from the property boundary along the Route 537 frontage, and zero feet from riparian zone buffers, and 15 feet in all other yards.
(7) Parking space dimensions shall be nine feet by 18 feet.
(8) Notwithstanding the provisions of §
102-71A, shade trees shall be planted 10 feet from the curbline.
(9) Notwithstanding the requirements set forth in §
102-119A(2), no landscape islands shall be required in the parking areas.
(10) Notwithstanding the provisions of §
102-99B, a wall may be substituted in lieu of screen planting, except along Route 537.
(11) The main loop road servicing the development shall have a pavement width of 28 feet.
G. Landscape buffer. Along the Route 537 frontage, a seventy-five-foot landscaped buffer shall be provided. The buffer shall be calculated from the property line and may overlap with any county or state buffers. The landscaped buffer shall be planted with an all-season screen consisting of groups of evergreen and deciduous trees staggered in double rows 15 feet on center. Evergreen tree groups shall consist of three to seven evergreen trees (minimum of six feet in height at planting). Deciduous tree groups shall consist of one canopy tree (minimum of 11 feet in height and 2 1/2 inches in caliper at planting) and three ornamental trees (minimum of six feet in height, 1 3/4 inches' caliper at planting.) A project identification sign is permitted within the landscaped buffer.
H. Signs.
(1) One monument or freestanding project identification sign at each side of any site entrance along the Route 537 frontage in accordance with the following standards:
(a) Signs shall be nonilluminated or externally illuminated.
(b) Signs shall be landscaped and may identify the community project name, developer, and logo.
(c) The maximum sign area containing text and logos shall not exceed 25 square feet for each side of the sign if two-sided.
(d) The maximum sign height, including the structure and sign area, shall not exceed eight feet above proposed finished grade.
(e) The minimum sign setback shall be 10 feet from the public right-of-way.
(2) One wall-mounted building identification sign is permitted for each face of a building abutting an internal roadway or parking area. The wall-mounted sign shall have a maximum height of 12 feet and a maximum area of eight square feet. Wall-mounted signs may be externally illuminated.
(3) Ground-mounted wayfinding signs shall be permitted to identify specific locations and/or buildings, areas, or recreational facilities. At entrances to these areas, two signs shall be permitted stating the name of the area or facility, as applicable, and no other advertising material. No sign shall exceed four square feet in area and 4.5 feet in height.
(4) Street number designation, nameplates, lawn signs, postal boxes, on-site directional and parking signs, and signs posting property as "private property," "no hunting," or similar purposes are permitted but shall not exceed an area of two square feet per sign.
(5) Real estate signs and flag signs, the purpose of which is to advertise availability and/or direct the public to the development, are permitted along public streets and intersections, provided that such signs are located outside of any sight triangle easements and do not interfere with vehicle sight lines. Such signs shall comply with the following requirements:
(a) There shall be no more than five real estate signs and 10 flag signs per property being advertised; however, there shall be no more than five real estate signs and 10 flag signs along County Route 537.
(b) Signs shall be freestanding and nonilluminated and may be two-sided.
(c) Real estate signs shall not exceed 25 square feet in area, per side, and eight feet in height above the ground.
(d) Flag signs shall not exceed 60 square feet of area, per side, and shall not exceed 20 feet in height above the ground.
(e) The text per each sign shall include the community project name, developer name, logo, and advertising and informational text.
(6) Except as provided for herein, all signs shall be in accordance with the requirements of §
102-106.
(7) Seasonal decorations are permitted in accordance with the requirements of §
102-106C.
(8) Monument and freestanding signs shall be located outside of any sight triangle easements.
I. Refuse and recyclable material storage. Every multifamily building shall provide a storage area to accommodate refuse and recyclable materials. The area shall be screened from view and enclosed by fencing, plantings, or other materials that are contextual with the architectural design of the development.
J. Yards.
(1) Notwithstanding the requirements set forth in §
102-83C, there is no requirement to provide a yard area for any building.
K. Phased development.
(1) Phased development plans may be considered for residential development projects that include a minimum of 300 residential units and a land area of 35 acres or greater.
[Added 12-16-2020 by Ord. No. 2020-21]
A. Purpose. The purpose of the A-7 Residential District is to encourage the orderly development of 25 detached single-family residential dwellings serviced by on-site individual sanitary sewerage systems and potable wells to help generate supplemental capital to offset the costs associated with the extension of infrastructure into Area 1 as contained in the Colts Neck Housing Element and Fair Share Plan. The A-7 Zone also satisfies one component of the March 16, 2020 letter from the Fair Share Housing Center memorializing the terms of the Township's Round III affordable housing obligation settlement agreement with Fair Share Housing Center and fulfills one of the requirements of the Declaratory Judgment Action and Order to Show Cause in the Matter of the Application of Colts Neck Township docket at MON-L-2234-15.
B. Principal permitted uses on land and in building. The following shall be permitted as principal uses:
(1) Agricultural uses and farms.
(2) Detached single-family residential dwelling.
(3) Township recreational uses, including fishing and other outdoor sports, swimming pools, playgrounds, parks and ball fields.
(4) Building or land used exclusively by federal, state, county or Township government for public purposes.
C. Accessory uses. The following shall be permitted as accessory uses (subject to §§
102-48 and
102-87).
(1) Private residential swimming pools and recreation courts; subject to §§
102-11 and
102-108.
(2) Barns, toolsheds, greenhouses, detached garages, pool cabanas, outdoor barbeque structures, as well as customary accessory buildings to a single-family dwelling and farms.
(3) Of-street parking and private garages.
(4) Solar energy panels mounted at ground level, to be located in rear and side yards only and which shall be screened from view from public streets by screening planting, fencing or a combination thereof such as to provide the proper shielding after two growing seasons. Location and screening requirements do not apply to solar energy panels mounted flush or nearly flush with building sides or roofs.
[Amended 6-12-2024 by Ord. No. 2024-15]
(5) Accessory buildings shall be in accordance with the following schedule in the A-7 Zone, except that farm buildings shall be exempted from this maximum building, floor area, volume, height and story requirement.
Schedule of Maximum Limitations: Accessory Structures |
---|
Lot Area | Zero to 50,000 Square Feet | 50,000 Square Feet to 150,000 Square Feet | Greater Than 150,000 Square Feet |
---|
First Floor | 700 square feet | 900 square feet | 1,200 square feet |
Total Floor Area | N/A | 1,200 square feet | 1,800 square feet |
Total Building Volume | 8,000 cubic feet | 13,000 cubic feet | 20,000 cubic feet |
Height | 18 feet | 25 feet | 25 feet |
Stories | 1.5 | 2.5 | 2.5 |
Notes: |
---|
1. | Total floor area and total building volume includes all basement areas but excludes cellars. |
2. | Total floor area includes all areas in a half story where the floor-to-ceiling height exceeds 4.5 feet. |
(7) Temporary construction trailers; subject to §
102-80.
(8) Recreation courts, private residential.
(11) The keeping of farm animals on a lot which is the subject of a farmland assessment shall be permitted as an accessory use with a principal farm use.
(12) Home office, meaning a room within a single-family dwelling where office activity is carried on for gain by a resident in a dwelling unit, shall be a permitted accessory use in a single-family dwelling, provided:
(a) The business use is limited solely to office use;
(b) The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit and no other persons;
(c) No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;
(d) The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;
(e) Interior storage of materials shall only consist of office supplies;
(f) There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including but not limited to parking, storage, signs or lights;
(g) The use operates no equipment or process that creates noise, vibration, glare, fumes, odors or electronic interference, including with telephone, radio or television reception, detectable by neighboring residents;
(h) The use does not require any increased or enhanced water supply;
(i) The quantity and type of solid waste disposal is the same as other residential uses in the zone district;
(j) The capacity and quanity of effluent is typical of normal residential use and creates no potential or actual detriment to the individual subsurface disposal system or its components:
(k) Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district; and
(l) All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
(13) Storage of travel trailers, camper trailers, recreational vehicles, watercraft, boats, boat trailers, utility trailers and/or other trailers.
[Added 6-12-2024 by Ord. No. 2024-15]
(a) No more than a total of two travel trailers, camper trailers, recreational vehicles, boats, boat trailers, boats on trailers, watercraft, watercraft(s) on trailers, utility trailers and/or other trailers may be parked or stored on any property.
(b) All travel trailers, camper trailers, boats, boat trailers, recreational vehicles, watercraft, utility trailers, and/or other trailers parked or stored must have a valid registration.
(c) No travel trailer, camper trailer, recreational vehicle, boat, boat trailer, watercraft, utility trailer and/or other trailer shall be parked or stored in the front yard as defined in §
102-4: "yard, front."
(d) No travel trailer, camper trailer, recreational vehicle, boat, boat trailer, watercraft, utility trailer and/or other trailer shall be parked or stored in a minimum side or rear yard setback.
(e) No travel trailer, camper trailer, recreational vehicle, boat trailer, watercraft, utility trailer and/or other trailer with more than two rear axles (dual axles) shall be parked or stored on any property.
(f) No travel trailer, camper trailer, recreational vehicle, boat, boat trailer, utility trailer and/or other trailer shall be used for permanent or temporary occupancy. (See §
102-80, Trailers.)
(g) All travel trailers, camper trailers, recreational vehicles, boats, boat trailers, watercraft, utility trailers or other trailers parked or stored must be the property of the property owner or resident tenant.
(h) No travel trailer, camper trailer, recreational vehicle, boat, boat trailer, watercraft, utility trailer and/or other trailer which is in a state of substantial disrepair or derelict may be parked or stored.
(i) The provisions of this section shall not apply to commercial farms.
D. Building height. No building shall exceed 35 feet in height or 2 1/2 stories, except for barns, which shall not exceed 55 feet. See §
102-61.
E. Area and yard requirements.
(1) Detached single-family dwellings shall meet the minimum requirements as shown on the schedule of limitations. See §
102-87.
(2) Except as noted elsewhere herein, agricultural uses and farms shall meet the following minimum requirements: lot area, five acres; lot frontage and width, 300 feet; lot depth, 300 feet; each side yard, 100 feet; front yard setback, 75 feet; rear yard setback, 75 feet. Total building coverage shall not exceed 10%.
(3) For swimming pool and private residential recreation courts, see §§
102-101 and
102-108.
F. Minimum off-street parking.
(1) There shall be three spaces per dwelling unit.
(2) Public buildings and government buildings shall provide one space for every 600 square feet of gross floor area.
(3) Parking and/or storage of commercial vehicle, truck, van, sports utility vehicle.
[Amended 2-14-2024 by Ord. No. 2024-9]
(a) A maximum of one motor vehicle with commercial motor vehicle registration and/or bearing commercial license plates and/or passenger vehicle registration bearing passenger license plates insured at a commercial rate shall be parked or stored on any property, except those vehicles engaged in deliveries, construction or similar activity that is in progress at the site in question.
(b) Commercial vehicle, pickup truck, van, or sports utility vehicle may be parked or stored. All other truck or vehicle configurations (rack body, dump body, omnibus, school bus, etc.) are prohibited.
(c) All commercial vehicles, pickup trucks, vans, or sports utility vehicles, parked or stored must have a valid registration.
(d) No commercial vehicle, truck, van, or sports utility vehicle shall be parked or stored in the front yard as defined in §
102-4, "yard, front."
(e) No commercial vehicle, truck, van, or sports utility vehicle shall be parked or stored in a minimum accessory building side or rear yard setback.
(f) No commercial vehicle, truck, van, or sports utility vehicle with more than a single rear axle shall be parked or stored on any property.
(g) No commercial vehicle, truck, van, or sports utility vehicle having advertising in excess of four square feet per each side of the vehicle shall be parked or stored on any property. Vehicle wrapping exceeding four square feet shall be prohibited.
(h) All commercial vehicles, pickup trucks, vans or sports utility vehicles parked or stored must be the property of the property owner or resident tenant or the property of the employer of the property owner or resident tenant.
(i) No commercial vehicle, pickup truck, van, or sports utility vehicle which is in a state of substantial disrepair or derelict may be parked or stored.
(j) The provisions of this section shall not apply to federal, state, county, municipal, farmer or farm use vehicles.
(k) The provisions of this section shall not apply to passenger vehicles with commercial registration and/or bearing commercial license plates and containing no advertising. Limousines are not included in this exception.
G. Signs.
(1) Street number designations, postal boxes, on-site directional and parking signs and signs posting property as "private property," "no hunting" or similar purposes are permitted, but shall not exceed two square feet in area per side per sign.
(2) A temporary real estate sign advertising the sale or lease of a property or structure is permitted with the following restrictions:
(a) There shall be no more than one sign per property, except that corner lots shall be entitled to two signs per each such lot.
(b) Signs shall located not closer than 10 feet from the nearest curbed or paved area; such signs shall not be lighted.
(c) Signs must be located on the property advertised.
(d) Directional signs advertising for open houses may be permitted on the day before the open house and must be removed the same day after the termination of the open house. The number, size and location of such signs are to be determined by the Zoning Officer or Code Enforcement Officer in the exercise of his or her reasonable judgement. In any event, no more than five signs shall be permitted for any one open house event.
(3) All signs shall be in accordance with the requirements specified in §
102-106, Signs.
H. Recyclable material storage. A condition of approval of all subdivisions shall be that all dwelling units constructed on said subdivision shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclable materials (including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen. This requirement shall be stated on the subdivision plat.
I. Miscellaneous requirements and exemptions.
(1) Residential density shall not exceed 25 detached single-family residential dwellings per development.
(2) No lot shall have direct access to Hockhockson Road and a fifty-foot landscape easement shall be provided along Hockhockson Road.
(3) Each lot shall contain 30,000 square feet free of wetlands and associated buffer areas; floodplains; conservation, open space, drainage and right-of-way easements, landscaping easements, drainage easements, special water resource protection areas and similar environmental features or encumbrances to ensure each lot can support an individual septic system, potable well, single family dwelling and accessory structures (in-ground pool, cabana, etc.).
(4) Notwithstanding any other provision of this chapter, the A-7 Agricultural District shall be exempted from the following provisions:
(a) Section
102-94, Design standards in stream corridors.
(d) Section
102-87, footnote c requiring 85% or 75,000 square feet of each lot to be free of wetlands and associated buffer areas; floodplains; conservation, open space, drainage and right-of-way easements, landscaping easements, drainage easements, special water resource protection areas, scenic viewshed boundary and similar environmental features or encumbrances which restrict development of the property.
[Amended 4-14-1999; 6-9-1999; 11-10-1999; 12-16-2020 by Ord. No. 2020-21; 6-29-2022 by Ord. No. 2022-8]
Schedule of Limitations: Residential and Agricultural |
---|
| District |
---|
Type | A-1 | A-2 | A-3 | A-4 | A-5 | AG | A-7 |
Minimum lot area, interior (square feet) | 88,000 | 40,000 | 30,000 | | 220,000 | | 40,000 |
Minimum lot area, corner (square feet) | N/A | N/A | 35,000 | N/A | N/A | N/A | N/A |
Minimum lot frontage | 300 ft.1 | 200 ft.1 | 150 ft.1 | | 400 ft. | | 150 feet |
Minimum lot width | 300 ft. | 200 ft. | 150 ft. | | 400 ft. | | 150 feet |
Minimum lot depth | 200 ft. | 175 ft. | 150 ft. | | 400 ft. | | 175 feet |
Minimum yards | | | |
| Principal buildings (see definitions in § 102-4) | | | |
| | Front yard | 75 ft.1 | 75 ft.1 | 75 ft.1 | | 75 ft. | | 75 feet |
| | Side yard (each) | 50 ft.1 | 40 ft.1 | 30 ft.1 | | 50 ft. | | 40 feet |
| | Rear yard | 50 ft.1 | 25 ft.1 | 15 ft.1 | | 50 ft. | | 40 feet |
| Accessory buildings | |
| | Front yard | 100 ft. | 100 ft. | 100 ft. | | 100 ft. | | 100 feet |
| | Side yard | 50 ft./ 25 ft.8 | 25 ft. | 15 ft. | | 50 ft. | | 40 feet |
| | Rear yard | 50 ft./ 25 ft.9 | 25 ft. | 15 ft. | | 50 ft. | | 40 feet |
| | To another building | 20 ft. | 20 ft. | 20 ft. | | 20 ft. | | 20 feet |
| | For more specific requirements, see § 102-48. | |
Maximum building coverage | |
| Principal buildings | |
| | One-story | 10% | 10% | 10% | | 10% | | 10% |
| | Two-story | 6.6% | 6.6% | 6.6% | | 6.6% | | 6.6% |
| Accessory buildings | 5% | 5% | 5% | | 5% | | 5% |
Maximum lot coverage (see definitions) | 20% | 20% | 30% | 40% | 20% | | 20% |
Maximum building height | |
| Number of stories | 2.5 | 2.5 | 2.5 | | 2.5 | | 2.5 |
| Height | 35 ft. | 35 ft. | 35 ft. | | 35 ft. | | 35 feet |
NOTES: General notes applicable to all categories: aWhere two or more requirements apply to a situation, the more stringent requirement shall apply. |
bUnless specifically stated otherwise in this chapter, the following may be located in the yard areas required for principal buildings: parking and loading areas with related aisles and driveways; fences and walls not exceeding four feet in height; mailboxes, signs, lampposts, flagpoles, wells, septic systems and similar structures. In addition, the following parts of a principal building may extend into the required yard areas up to a maximum of two feet: chimneys, bay windows, eaves, gutters and downspouts. [Amended 5-25-2005] |
cA minimum of 85% of the minimum required lot area or a minimum of 75,000 square feet, whichever is smaller, in all zones must be free of wetlands and associated buffer areas; floodplains; conservation, open space, drainage and right-of-way easements, landscaping easements, drainage easements, special water resource protection areas, scenic viewshed boundary and similar environmental features or encumbrances which restrict development of the property. [Amended 5-25-2005] |
Specific notes applicable where indicated: |
1Lot frontage; building projection. [Amended 12-29-1999] |
(a) | The lot frontage in any residential zone may be reduced to not less than 75% of the required frontage on those lots abutting streets on an outside curve having a centerline radius of 500 feet or less, provided that the resulting subdivision conforms to good subdivision design practices. In the A-1, A-2, A-5 and AG Zones, if the length of the principal building, projected on the front lot line for building width projection (said line being defined in § 102-4), exceeds 90 feet, the required front, each side and rear yard setback requirements shall be increased one foot for each foot the building projection exceeds 90 feet. In determining whether the principal building projected on the front line for building width projection exceeds 90 feet, the following process shall be utilized: [Amended 5-25-2005] |
| [1] | Extend the minimum side yard setback on each side to intersect the front lot line. |
| [2] | Connect the two intersecting points created by Subsection [1] above with a straight line and extend beyond the intersection points, as needed, for Subsection [3] below. |
| [3] | Project at a 90º angle to the line created in Subsection [2], a new straight line on each side of the structure and position it so that it touches the outermost portion of the structure. |
| [4] | Measure at right angles the distance between the two lines created in Subsection [3] above. This is the length of the principal building projected on the front lot line. |
(b) | Figures 1, 2, 3, 4 and 5 are set forth as part of the appendix to Chapter 102 to illustrate this section. |
2Applies to accessory structures of 150 square feet or less. |
[Amended 10-11-2017]
Landscape buffers are required along all lot lines where nonresidential uses or zone boundaries abut residential uses or zone boundaries, except as noted in Subsection E below. Buffer requirements for the A-4 Mixed Housing District are covered in §
102-85. Buffer areas shall comply with the following standards:
A. The buffer area shall be located on the lot which requires it. The minimum buffer width provided shall be 30 feet.
(1) The landscape buffer shall be provided on the nonresidential lot, except where an applicant is proposing residential improvements on a lot adjacent to an existing nonresidential use.
(2) Where an applicant proposes residential improvements on a lot adjacent to an existing nonresidential use, the landscape buffer shall be provided on the residential lot.
B. Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by the owner or his or her agents.
C. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, except for access drives from public streets and directional and safety signs per each direction of traffic per access drive.
D. The buffer area shall be planted and maintained with grass or ground cover, massed evergreens and deciduous trees and shrubs of such species and size as will produce, within two growing seasons, a screen at least six feet in height and of such density as will obscure, throughout the full course of the year, all of the glare of automobile headlights emitted from the premises. Planting in all required buffer areas shall consist of two staggered rows of evergreen trees spaced 15 feet apart and each row planted 15 feet on center. The buffer shall also be supplemented with groupings of additional plantings at a rate of one tree and two shrubs for every 100 linear feet of buffer area.
(1) Screen planting shall be maintained permanently by the owner or his or her agents, and any plant material which does not live shall be replaced within six months.
(2) The screen planting shall be so placed that at maturity it will be not closer than three feet to any street or property line.
(3) A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets. Private accessways shall maintain a sight triangle by having no planting, grading, dirt or structures higher than 2 1/2 feet above the street center line located within the sight triangle.
(4) The screen planting shall be broken only at points of vehicular and pedestrian ingress and egress.
(5) This landscaping is in addition to any other landscaping required in this chapter. Landscaping plans shall be drawn, signed and sealed by a licensed landscape architect and/or engineer.
E. No screen planting shall be required along streets which form district boundary lines, provided that only the front of any proposed building shall be visible from the adjacent residential districts.
[Amended 11-10-1999; 12-13-2006; 7-9-2008; 3-13-2019]
A. Location. Farm stands must be located on a qualified owner's or operator's commercial farm which is under active, continuous farming operation and upon which 51% or more of the marketed products are raised, and the farm must meet the requirements of the Farmland Assessment Act of 1964, as amended and/or as modified herein. Permitted products from other qualified farms in Colts Neck may be sold at a stand on another qualified farm, both of which are owned or operated by the same farm stand operator.
B. Site requirements.
(1) One permanent farm stand and temporary farm stand structures per farm are permitted. The minimum farm lot area shall be five acres.
(2) Farm stand (permanent and temporary) front setback shall be 75 feet minimum, and side and rear setbacks shall be 50 feet minimum. Parking areas: front setback shall be 30 feet minimum; side and rear setbacks shall be 50 feet minimum.
(3) Adequate on-site parking space shall be provided to handle a maximum customer load. No parking or standing on the street or street shoulder shall be permitted.
(4) The permanent farm stand structure shall be limited to one story and a maximum floor area of 1,200 square feet. If the farm stand is located in a larger structure such as a barn, the 1,200-square-foot limitation applies to the farm stand sales area and no other storage or working areas of the structure.
(5) Temporary farm stand structures (tent or canopy) shall be limited to a cumulative maximum ground cover of 1,600 square feet and can be erected for a maximum of nine months per year.
C. Operation interval. A farm stand permit shall cover a maximum interval of 12 months per calendar year or the marketing season for the product involved, whichever is shorter. Upon expiration of the permit, the temporary structures shall be removed from the site or located so as not to be readily visible from streets. All signs shall be removed during off-season periods.
D. Signs and traffic control.
(1) A maximum of 64 square feet of nonilluminated, cumulative sign area is permitted through up to a maximum of 10 signs. Both sides of double sided signs shall be calculated in the total sign area. Sign(s) shall have a minimum front setback of 10 feet, a minimum side setback of 25 feet and a maximum height of 10 feet. The front setback may be reduced if required to give reasonable public sight distance, if public safety is not unduly impaired, as determined by the Director of Public Safety. Other sign requirements of §
102-106 apply.
[Amended 10-14-2020 by Ord. No. 2020-18]
(2) Traffic directional signs at the entrance/exit may be provided in addition to the sign in Subsection
D(1) above.
(3) No trucks, trailers, wagons or similar structures displaying advertising shall be parked within 100 feet of the front lot line, except during active loading/unloading operations.
(5) People in costumes located and utilized so as to attract passing vehicles on streets are considered animated signs and are not permitted.
(6) If determined to be needed for public safety by the Director of Public Safety, the applicant shall provide personnel to control and direct traffic.
(7) Hayrack rides pulled by farm tractors or farm animals may be operated on the farm covered by the farm stand permit, provided that only nominal fees may be charged and the rides are related to the marketed products at the farm stand. The nominal fees charged, if any, shall not be utilized as a means for profit but shall be specifically related to the actual cost of operating the rides or a smaller percentage thereof. Haunted rides and/or rides later than 1/2 hour after sundown are prohibited. The location of the loading/unloading ride area and the path of the ride shall be a minimum of 100 feet from the street line. The objective is to minimize distractions to passing vehicle drivers. This requirement and setback requirement may be reduced if required due to special physical conditions in the immediate area and if the Director of Public Safety determines that public safety is not unduly impaired.
(8) Only one clearly defined and marked thirty-foot-wide combined entrance/exit, as measured at the street line, shall be allowed on each farm stand street frontage.
E. Farm stand permit.
(1) The Zoning Officer, after conferring with the Director of Public Safety, the Township Planner and the Construction Official, may issue such a permit. Permits shall be issued or denied within 15 days of receipt of application, unless a time extension is granted by the applicant.
(2) The application shall be completed in full, and a fee shall be paid. Required supporting information shall include a plot plan of the farm stand location, showing lot and block number; certification that the location is on a qualified commercial farm and that the applicant is the owner or operator of the farm and will be the operator of the farm stand; the location of parking and entrances/exits, including means for physically and clearly defining the parking area, entrances/exits and aisles; a description of the farm stand structure; the number, sizes and locations of signs; the locations of entrances and exits; entrance/exit permits for county road opening; a description and route of any hayrides or similar use to be provided; a description of the source of the product(s) to be sold and the market interval; and traffic and parking control measures to be provided. As applicable, the above information shall be shown on a dimensioned sketch, drawn to scale. Moreover, the applicant is responsible for determining if a permit is required for New Jersey state roads. Based on initial submission, additional information may be required.
(3) The application shall include a copy of a valid mercantile license for the subject year.
[Amended 11-10-1999; 9-14-2005; 6-28-2006]
A. Purpose. The purpose of this section is to provide standards and requirements for golf course development in the A-1 and AG Zones. Where the standards and requirements stated in this section differ from those elsewhere in this chapter, this section shall control as applied to the specific areas of difference. All golf courses shall obtain major site plan approval.
B. Golf course, Type A, large complex.
(1) The minimum lot area shall be 200 contiguous acres.
(2) Traffic access. Direct access to an arterial road as defined in the Colts Neck Master Plan is required. This requirement may be waived in those cases where the golf course traffic would travel equal to or less than 500 feet on a lower classification of road to reach an arterial road, where no dwelling units front on this nonarterial road section and where the approving authority finds that safe and adequate traffic access to the nonarterial and arterial roads are provided.
(3) Accessory uses. The following shall be permitted as accessory uses:
(a) A maximum of three full size tennis courts.
(b) One 3,250 square feet maximum water surface swimming pool and one 325 square feet maximum water surface wading pool.
(c) One clubhouse, with a restaurant and lounge having a maximum seating of 300 seats and a maximum restaurant/lounge area open to patrons playing golf at the course on that day and their accompanying guests and members having green fee privileges and their accompanying guests, of 5,000 square feet. The aforementioned gross floor area includes exterior dinning areas such as patios and balconies having seats. The restaurant facility shall be utilized exclusively by patrons playing golf at the course on that day and their accompanying guests, members having full green fee privileges and their accompanying guests or for golf club functions such as golf outings, member family weddings, private member family parties, golf club holiday parties and golf club dances.
(d) A snack bar having a maximum area of 500 square feet open to patrons playing golf at the course, members having green fee privileges and their guests.
(e) Offices for use in conducting business associated with the operation of the golf course, locker rooms, rest rooms, shower rooms, golf training/instructional rooms and a pro shop with a maximum of 1,500 square feet of sales area.
[Amended 9-9-2009]
(f) Maintenance and golf cart storage facilities.
(h) One midcourse refreshment stand with a maximum gross floor area of 300 square feet.
(i) Practice greens, bunkers, chipping areas and driving ranges which are an integral part of the golf course, open only to persons playing the eighteen-hole course, members and guests accompanying members.
(j) No temporary structures, such as tents, are permitted, unless approved under a special use permit.
(k) One driving range building having a maximum gross floor area of 150 square feet.
(l) A maximum of two starter buildings having a maximum gross floor area of 50 square feet each.
(4) Parking.
(a) All patrons' of the golf course, members' and their guests' and/or employees' vehicles must be parked in approved, designated, paved parking spaces, unless otherwise stated herein. Applicants shall grant the Colts Neck Township Police the right to enter the premises and enforce these parking requirements. Off-street parking requirements for the golf course and employees shall be as follows:
[1] Golf course: 170 spaces minimum, 215 maximum; plus
[2] Each tennis court: seven spaces minimum, nine spaces maximum; plus
[3] Pool complex: 17 spaces minimum, 21 spaces maximum; plus
[4] Restaurant, lounge and snack bar: 0.15 space per seat minimum, 0.20 space per seat maximum.
(b) If maximum parking is not provided, plans shall show a reserved location and layout for future expansion to provide the maximum parking allowed.
(5) Lighting and landscaped buffers.
(a) In addition to other landscaping requirements, grading, berms, placement of structures and landscaping shall be used to eliminate or at least minimize the visibility of lighting structures and parking areas from, and noise into, adjacent residential areas and streets, consistent with good design practices.
(b) In addition to other lighting requirements, lighting in and around the pool shall be limited to underwater pool lights with adjacent patio lights, using typical residential lampposts a maximum of eight feet high, with all light focused downward (i.e., no emitted light upward).
(c) Outdoor restaurant patio lighting shall be limited to table lights or residential-type floor lamps with shades or light shields, with all light focused downward.
(d) Golf courses and tennis courts, practice greens, bunkers, chipping areas and driving ranges and other outdoor accessory uses shall not be lighted.
(6) Minimum setbacks of golf course buildings and parking.
| Type | Front Yard (feet) | Side Yard (feet) | Rear Yard (feet) |
---|
| From perimeter of tract | | | |
| | Golf course buildings | 600 | 600 | 600 |
| | Parking areas | 400 | 400 | 400 |
| From internal lot lines for dwellings that are part of the golf course development | | | |
| | Golf course buildings | 300 | 300 | 300 |
| | Parking areas | 150 | 150 | 150 |
(7) Signs. Each golf course may have one double-sided or two single-sided signs located at the entrance drive, with a maximum total sign area of 50 square feet, with a maximum height of six feet and located a minimum of 100 feet from side lot lines. Signs may be part of entranceway structure having a maximum height of six feet. Signs may be externally illuminated until 10:00 p.m. in accordance with the requirements of §
102-123. Upon receipt of a special permit or approval from the Zoning Officer, signs may be illuminated until 12:00 midnight.
[Amended 7-9-2008]
(8) Non-golf-related special events.
[Amended 9-9-2009]
(a) Notwithstanding §
102-93B(3)(c) above, an operating eighteen-hole golf course may host a maximum of 25 times per year a non-golf-related special event. For the purpose of this section, a non-golf-related special event shall include, but not limited to, charity fund-raisers, banquet/lunches, business meetings or a member-sponsored event that does not meet the immediate family requirement of §
102-93B(3)(c). Conference centers or public restaurants are specifically prohibited as a non-golf-related special event
[Amended 9-29-2010]
(b) Whether the event is held indoor or outdoors, there shall be no light, glare, noise, odor or vibrations at the property lines.
(c) At the discretion of the Township Administrator, the golf course may be required to provide qualified traffic control personnel to control traffic and parking and assure that pedestrian and vehicle circulation are handled in a safe and efficient manner.
(d) At a minimum of 14 days prior to hosting a non-golf-related special event, the golf course shall file a notice of the event with the Township Administrator. The notice shall disclose the date, time, place, duration, description of the event as well as the names, addresses and contact information of the event organizers.
(9) Hours of operation. The golf course and permitted accessory uses may operate from 6:00 a.m. to 2:30 a.m. No patrons of the golf course, visitors, members and/or guests shall be permitted on the premises from 12:30 a.m. to 6:00 a.m.; employees may be on premises at any time. Swimming pool use shall be limited to daylight hours. Exception: on New Year's Eve the golf course and permitted accessory uses may operate from 6:00 a.m. to 2:00 a.m.
[Amended 9-9-2009]
C. Golf course, Type B, limited complex.
(1) The minimum lot area shall be 130 contiguous acres.
(2) Traffic access. Direct access to a primary collector or higher road classification as defined in the Colts Neck Master Plan is required.
(3) Accessory uses. The following shall be permitted as accessory uses:
(a) One clubhouse with a restaurant and lounge having a maximum seating of 185 seats and a maximum restaurant and lounge area open to patrons playing golf at the course on that day and their accompanying guests, and members having green fee privileges and their accompanying guests of 3,000 square feet. The aforementioned gross floor area includes exterior dining areas such as patios and balconies having seats. The restaurant facility shall be utilized exclusively by patrons playing golf at the course on that day and their accompanying guests, members having green fee privileges and their accompanying guests or for golf club functions such as golf outings, member family weddings, private member family parties, golf club holiday parties and golf club dances.
(b) One snack bar open to patrons playing golf at the course, members having green fee privileges and their guests, having a maximum floor area of 400 square feet.
(c) Offices for use in conducting business associated with the operations of the golf course, locker rooms, rest rooms, shower rooms, golf training and instructional rooms.
(d) One pro shop having a maximum of 1,500 square feet of sales area, either located as part of the clubhouse or as an accessory building near the first tee.
[Amended 9-9-2009]
(e) One midcourse refreshment stand, having a maximum gross floor area of 300 square feet.
(f) Maintenance and golf cart storage facilities.
(g) A maximum of two starter buildings having a maximum gross floor area of 50 square feet each.
(h) Practice greens, bunkers and practice ranges which are an integral part of the course, open only to persons playing the eighteen-hole golf course, members and guests accompanying members.
(4) Parking.
(a) All patrons of the golf course, members and their guests and/or employee vehicles shall be parked in approved, designated, paved parking spaces, unless otherwise stated herein. Applicants shall grant the Colts Neck Township Police the right to enter the premises and enforce these parking requirements. Off-street parking requirements shall be as follows:
[1] Golf course and accessory uses: 170 spaces minimum, 215 spaces maximum.
[2] Restaurant, lounge and snack bar: 0.15 space per seat minimum, 0.20 space per seat maximum.
(b) If maximum parking is not provided, plans shall show a reserved location and layout for future expansion to provide the maximum parking allowed.
(5) Lighting and landscaped buffers. In addition to other landscaping and lighting requirements, grading, berms, placement of structures and landscaping shall be used to eliminate or at least minimize the visibility of lighting, structures and parking areas from, and noise into, adjacent residential areas and streets consistent with good design practices. Golf courses and practice greens, bunkers, chipping areas and driving ranges and outdoor accessory uses shall not be lighted.
(6) Minimum setbacks of golf course buildings and parking.
| Type | Front Yard (feet) | Side Yard (feet) | Rear Yard (feet) |
---|
| From perimeter of tract | | | |
| | Golf course buildings | 600 | 600 | 600 |
| | Parking areas | 400 | 400 | 400 |
| From internal lot lines for dwellings that are part of the golf course development | | | |
| | Golf course buildings | 300 | 300 | 300 |
| | Parking areas | 150 | 150 | 150 |
(7) Signs. Each golf course may have one double-sided or two single-sided externally illuminated signs located at the entrance drive, with a maximum total sign area of 50 square feet, with a maximum height of six feet and located a minimum of 100 feet from side lot lines. Signs may be part of an entranceway structure having a maximum height of six feet.
[Amended 7-9-2008]
(8) Hours of operation. The golf course and permitted accessory uses may operate from 6:00 a.m. to 11:00 p.m. No patrons of the golf course, visitors, members and/or guests shall be permitted on the premises from 11:00 p.m. to 6:00 a.m.; employees may be on premises at any time. Exception: on New Year's Eve the golf course and permitted accessory uses may operate from 6:00 a.m. to 2:00 a.m.
(9) Non-golf-related special events.
[Added 9-9-2009]
(a) Notwithstanding §
102-93C(3)(a) above, an operating eighteen-hole golf course may host a maximum of 25 times per year a non-golf-related special event. For the purpose of this section, a non-golf-related special event shall include, but is not limited to, charity fund-raisers, banquet/luncheons, business meetings or a member-sponsored event that does not meet the immediate family requirement of §
102-93C(3)(a). Conference centers or public restaurants are specifically prohibited as a non-golf-related special event.
[Amended 9-29-2010]
(b) Whether the event is held indoor or outdoors, there shall be no light, glare, noise, odor or vibrations at the property lines.
(c) At the discretion of the Township Administrator, the golf course may be required to provide qualified traffic control personnel to control traffic and parking and assure that pedestrian and vehicle circulation are handled in a safe and efficient manner.
(d) At a minimum of 14 days prior to hosting a non-golf-related special event, the golf course shall file a notice of the event with the Township Administrator. The notice shall disclose the date, time, place, duration, description of the event as well as the names, addresses and contact information of the event organizers.
D. Golf courses, Types A and B, design standards.
(1) The plans for a golf course must be prepared and certified by a member of the American Society of Golf Course Architects. The width of each hole (fairway, rough and hazards) shall be a minimum of 100 yards. No minimum width of one hole shall overlap another. All holes running along the perimeter of the golf course must have their center line a minimum of 100 yards from the edge of the golf course property. The width and center-line standard may be waived by the approving authority if it finds that each fairway has sufficient plantings, berms or angle of play to protect adjacent property owners, drivers on adjacent roads and other players from errant golf balls.
(2) Where a green is located near a road or adjacent lot and players are hitting toward the road or adjacent lot when approaching the green, the closest part of the green shall be at least 30 yards from the road or lot line, and this space must be landscaped with a double row of evergreens or sand bunkers or similar material to block errant shots.
(3) Golfers shall not be required to cross public roads to reach any part of the golf course.
(4) The golf course grading shall be consistent with a stormwater management plan designed to result in all stormwater being collected and retained on site where the ponds can provide stormwater management, flood control, water supply for irrigation purposes to reduce demands on off-tract ground and surface water supplies, aesthetic appearances and/or water hazards for golfers. This shall include off-site drainage arriving at the golf course and any associated residential development and drainage originating from any associated residential development.
(5) The application shall provide a water resource monitoring program, designed to minimize the use of off-tract surface water and groundwater resources while maximizing the use of stormwater retained on site. This plan shall provide for ground and surface water quality monitoring for nutrients, pesticides and other parameters to be determined by the approving authority.
(6) The applicant shall provide a turf management plan which is consistent with the grading and landscaping plans and shall discuss and define the use of drought-tolerant turf and landscaping material, the area to be irrigated, the required capacity of the irrigation system and the need for any water diversion permits. This plan shall also provide a proposed integrated pest management and turf management plan which defines the nature and use of the pesticides and other chemicals and fertilizers involved.
(7) All plans shall be integrated and coordinated in an effort to absorb and filter fertilizers, pesticides, herbicides and other nonpoint source pollutants to minimize contamination of streams and groundwater supplies. The course shall be required to have a golf course superintendent, certified by the Golf Course Superintendents Association of America, on staff and an ongoing site management program to monitor water use and weather conditions in conjunction with the application of fertilizer, pesticides and herbicides in order to adhere to the turf management plan and the water resources monitoring program. These plans must be part of a required environmental impact report (EIR) provided as part of the preliminary major site plan application. The EIR must include provisions for monitoring and reporting off-site water usage and the usage of fertilizer, pesticides, herbicides, and fungicides. The monitoring and reporting data shall be submitted to the Zoning Officer on a quarterly basis and shall be referred to the Board of Health and Environmental Commission for review and recommendations.
[Added 12-29-1999]
Except as otherwise provided by federal or state law, or any regulations promulgatad pursuant thereto, the following buffering standards shall apply when any stream corridor shall be found to be part of a potable water supply watershed, a trout production watershed or a trout maintenance watershed on any site proposed for development:
A. The allowable limit of disturbance shall be 50 feet back from the transition point (as defined below) between the stream corridor and the adjacent upland portion of the site.
B. The "transition point" shall be defined as one of the following:
(1) The point at which a persistent grade of 5% or less shall replace a grade of 10% or more; or
(2) The point at which upland climax vegetation (i.e., oak, beech, hickory, chestnut) breaks with those species typically having either hydric (red maple, sweetgum, sourgum) associations or those typically found on steeper slopes (tulip, green ash); or
(3) The point at which prime agricultural soils, as designated by the Natural Resources Conservation Service in the volume "Soil Survey of Monmouth County," begin.
(4) Where none of the three standards cited above are present, the stream corridor shall have a buffer of 150 feet.
(5) This standard shall apply to stream corridors, ponds, lakes and reservoirs, as defined by New Jersey Department of Environmental Protection Regulations.
A homeowners' association may be established for the purposes of owning and assuming maintenance responsibility for the common open space and common property designed within a development as denoted on the recorded plat and in the master deed and as previously approved by the approving authority, provided that the approving authority is satisfied that the association will have a sufficient number of members, is so organized and has adequate financial guaranties to reasonably expect a perpetuation of the association in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. In furtherance of this goal, at the time final approval of the development application by the approving authority is sought, the applicant shall submit to the approving authority for review by the Township Committee a copy of the proposed master deed (prior to recording) and proposed first year's budget of the association, setting forth the income and expense statements as to the maintenance of the common open space and common property by the association, for review and approval to assure that a workable mechanism exists to reasonably assure proper maintenance of these areas by the association. The proposed master deed shall contain a provision that permits the Township to enforce against the association and any of its members the requirement to maintain and finance the maintenance of the common open space and common property. If the association is established, the recorded master deed shall incorporate the following provisions, which shall also be set forth in at least the association's bylaws, to further the goals of this section.
A. Membership by all property owners and other owners of interest in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing, between the association and each member, in the form of a covenant, with each agreeing to liability for his or her pro rata share of the association's costs and liabilities.
B. Private internal streets to a development that restrict, discourage, or limit by guards, gatehouses, gates, signs or any other means are not permitted. Private roads which do not restrict, discourage or limit public access may be permitted and owned by the association, in the A-4 and A-6 Zones only, if constructed in accordance with the Township design standards. The Township shall provide for removal of snow, ice and other obstructions, collection of leaves and brush and collection of recyclable materials and sweep streets on permitted unrestricted private streets in the same manner and to the same degree as it provides for dedicated streets subject to the provisions of the Condominium Service Law, N.J.S.A. 40:67-23.2 et seq., but under no circumstances will on-street or off-street parking areas, as denoted on the recorded plat, be serviced or maintained by the Township. Such streets shall be clearly identified on the recorded plat as "Private with no access restrictions" and shall clearly state the maintenance and/or services to be provided by the Township. Nothing contained herein shall exempt the Township from providing police, fire and first-aid services along and on the private nonrestricted access streets. The association shall be responsible for liability insurance covering the Township and shall hold the Township harmless from any liability associated with Township activities on these private streets. The organization shall not be dissolved and shall not dispose of any open space or common property by sale or otherwise without first offering to dedicate the same at no cost to the municipality.
[Amended 5-25-2005]
C. The assessment levied by the association upon each member may become a lien on each member's property. The association shall be allowed to adjust the assessment to meet changing needs.
D. The association shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, master deed and individual deeds and articles of incorporation of the organization and the conditions under which every tenant and property owner shall have the right to use all common properties. These documents shall be provided as part of the application for final subdivision or site plan approval, shall be approved by the approving authority and shall be made a condition of final approval.
E. The articles of incorporation, covenants, bylaws, master deed and individual deeds and other legal instruments shall ensure that control of the association shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event that such association shall fail to maintain the open space or common property in reasonable order and condition, the municipality may serve written notice upon such association or upon the owners of the development, setting forth the manner in which the association has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated municipal body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or if immediate action is needed to prevent a nuisance or other threat to public safety or welfare developing before a hearing can be scheduled as provided for hereinabove, the municipality, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property, except when the same has been voluntarily dedicated to and accepted by the municipality by the owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the association theretofore responsible for the maintenance of the common open space and common property, call a public hearing, upon 15 days' written notice to such association and to the owners of the development, to be held by the municipality, at which hearing such association and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the municipality shall determine that such association is ready and able to maintain said open space and property in a reasonable condition, the municipality shall cease to maintain said open space and property at the end of said year. If the municipality shall determine that such association is not ready and able to maintain said open space and property in a reasonable condition, the municipality may, it its discretion, continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the municipality in any such case shall constitute a final administrative decision subject to judicial review.
F. The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with the assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereof and enforced and collected with interest by the same officers and in the same manner as other taxes. This remedy shall be in addition to the right of the Township to bring an action to enforce the maintenance and finance of maintenance of the common open space and common property as provided for hereinabove.
[Added 6-9-2004; amended 12-16-2020 by Ord. No. 2020-19]
A. This section of the Township Code sets forth regulations regarding the low- and moderate-income housing units in the Township consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing", N.J.A.C. 5:93 et seq., the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., except where modified by the requirements for very-low-income housing as established in P.L. 2008, c.46 (the "Roberts Bill," codified at N.J.S.A. 52:27D-329.1) as reflected in the terms of a Settlement Agreement between the Township and Fair Share Housing Center ("FSHC") such that the statutory requirement to provide very-low-income units equal to 13% of affordable units approved and constructed after July 17, 2008, to be affordable to households at 30% of the regional median income, overrides the UHAC requirement that 10% of all low- and moderate-income units must be affordable at 35% of the regional median income, and the Township's constitutional obligation to provide a fair share of affordable housing for low- and moderate-income households.
B. This ordinance is intended to assure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low- and moderate-income households shall occupy these units. This ordinance shall apply to all inclusionary developments and 100% affordable developments (including those funded with low-income housing tax credit financing) except where inconsistent with applicable law.
C. The Colts Neck Township Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Plan has also been endorsed by the Mayor and Council of the Township of Colts Neck. The Fair Share Plan describes the ways the Township shall address its fair share for low- and moderate-income housing as determined by the Superior Court and documented in the Housing Element.
D. This ordinance implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93, as may be amended and supplemented.
E. The Township shall file monitoring and status reports with Fair Share Housing Center ("FSHC") and place the reports on its municipal website. Any plan evaluation report of the Housing Element and Fair Share Plan and monitoring evaluation report prepared by the Special Master in accordance with N.J.A.C. 5:91 shall be available to the public at the Colts Neck Municipal Building.
F. On or about June 1 of each year through the end of the period of third round judgment of repose, the Township will provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to all parties to the Township's Court-approved settlement agreements, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the Special Master and FSHC.
G. The Fair Housing Act includes two provisions regarding action to be taken by the Township during the ten-year period of protection provided in the Township's Court-approved agreement with FSHC. The Township agrees to comply with those provisions as follows:
(1) By July 1, 2020, the Township must prepare a midpoint realistic opportunity review, as required pursuant to N.J.S.A. 52:27D-313, which the Township will post on its municipal website, with a copy provided to FSHC, a status report as to its implementation of its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity. Such posting shall invite any interested party to submit comments to the municipality, with a copy to FSHC, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether any mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the Court regarding these issues. In the event the Court determines that a site or mechanism no longer presents a realistic opportunity and should be replaced or supplemented, then the municipality shall have the opportunity to supplement or revise its plan to correct any deficiency.
(2) Within 30 days of June 1, 2021 and June 1, 2024 the Township shall prepare a review of compliance with the very-low-income housing requirements required by N.J.S.A. 52:27D-329.1 and its Court-approved settlement agreement with FSHC. The Township will post on its municipal website, with a copy provided to FSHC, a status report as to its satisfaction of its very-low-income requirements, including the family very-low-income requirements referenced herein and in the Township's settlement agreement with FSHC. Such posting shall invite any interested party to submit comments to the municipality and FSHC on the issue of whether the municipality has complied with its very-low-income housing obligation.
[Added 12-16-2020 by Ord. No. 2020-19]
Definitions. As used herein the following terms shall have the following meanings:
ACCESSORY APARTMENT A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.
ACT The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
ADAPTABLE Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT The entity responsible for the administration of affordable units in accordance with this ordinance, N.J.A.C. 5:91, N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et seq.
AFFIRMATIVE MARKETING A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
AFFORDABLE A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
AFFORDABLE HOUSING DEVELOPMENT A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.
AFFORDABLE HOUSING PROGRAM(S) Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93, and/or funded through an affordable housing trust fund.
AGE-RESTRICTED UNIT A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that all the residents of the development where the unit is situated are 62 years or older; or at least 80% of the units are occupied by one person that is 55 years or older; or the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
AGENCY The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
ALTERNATIVE LIVING ARRANGEMENT A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement includes, but is not limited to: transitional facilities for the homeless, Class A, B, C, D, and E boarding homes as regulated by the New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
ASSISTED LIVING RESIDENCE A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
CERTIFIED HOUSEHOLD A household that has been certified by an Administrative Agent as a low-income household or moderate-income household.
COAH The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
DCA The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.
DEVELOPER Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
DEVELOPMENT FEE Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.
EQUALIZED ASSESSED VALUE The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
FAIR SHARE PLAN The plan that describes the mechanisms, strategies and the funding sources, if any, by which the Township proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5.
HOUSING ELEMENT The portion of the Township's Master Plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act, that includes the information required by N.J.A.C. 5:93-5.1 and establishes the Township's fair share obligation.
INCLUSIONARY DEVELOPMENT A development containing both affordable units and market rate units. This term includes, but is not necessarily limited to, new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD A household with a total gross annual household income equal to 50% or less of the median household income.
LOW-INCOME UNIT A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.
MARKET-RATE UNITS Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME The median income by household size for the applicable county, as adopted annually by COAH or approved by the NJ Superior Court.
MODERATE-INCOME HOUSEHOLD A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
NONEXEMPT SALE Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
REGIONAL ASSET LIMIT The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by adopted/approved regional income limits.
REHABILITATION The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
RESTRICTED UNIT A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
SPECIAL MASTER An expert appointed by a judge to make sure that judicial orders are followed. A master's function is essentially investigative, compiling evidence or documents to inform some future action by the court.
UHAC The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
VERY-LOW-INCOME HOUSEHOLD A household with a total gross annual household income equal to 30% or less of the median household income.
WEATHERIZATION Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.
[Added 12-16-2020 by Ord. No. 2020-19]
The following requirements shall apply to all new or planned developments that contain low- and moderate- income housing units.
A. Phasing. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low and moderate income units whether developed in a single phase development, or in a multiphase development:
Maximum Percentage of Market-Rate Units Completed | Minimum Percentage of Low- and Moderate-Income Units Completed |
---|
25% | 0% |
25% + unit | 10% |
50% | 50% |
75% | 75% |
90% | 100% |
100% | |
B. Design. In inclusionary developments, low- and moderate- income units shall be integrated with the market units.
C. Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.
D. Low/moderate split and bedroom distribution of affordable housing units:
(1) The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.
(2) In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.
(3) Within rental developments, of the total number of affordable rental units, at least 13% of the restricted units within each bedroom distribution shall be affordable to very-low-income households.
(4) At least half of the affordable units in each bedroom distribution within each affordable housing development shall be affordable to low-income households.
(5) Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(a) The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
(b) At least 30% of all low- and moderate-income units shall be two-bedroom units;
(c) At least 20% of all low- and moderate-income units shall be three-bedroom units; and
(d) The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(6) Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
E. Accessibility requirements:
(1) The first floor of all new restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
(2) All restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall have the following features:
(a) An adaptable toilet and bathing facility on the first floor;
(b) An adaptable kitchen on the first floor;
(c) An interior accessible route of travel on the first floor;
[1] An interior accessible route of travel shall not be required between stories within an individual unit.
(d) An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
(e) An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
[1] Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[2] To this end, the builder of restricted units shall deposit funds within the Township of Colts Neck's affordable housing trust fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[3] The funds deposited under Subsection
E(2) herein, shall be used by the Township for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[4] The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Township of Colts Neck.
[5] Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Colts Neck's affordable housing trust fund in care of the Municipal Treasurer who shall ensure that the funds are deposited into the affordable housing trust fund and appropriately earmarked.
[6] Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
F. Maximum rents and sales prices.
(1) In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC and by the Superior Court, utilizing the regional income limits established.
(2) The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than 52% of median income.
(3) The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units.
(a) At least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income.
(4) The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.
(5) In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be met:
(a) A studio or efficiency unit shall be affordable to a one-person household;
(b) A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c) A two-bedroom unit shall be affordable to a three-person household;
(d) A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
(e) A four-bedroom unit shall be affordable to a six-person household.
(6) In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be met:
(a) A studio or efficiency unit shall be affordable to a one-person household;
(b) A one-bedroom unit shall be affordable to a one-and-one-half-person household; and
(c) A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
(7) The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(8) The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(9) The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price. Income limits for all units for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Township annually within 30 days of the publication of determinations of median income by HUD as follows:
(a) Regional income limits shall be established for the Region 4 based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial Census in Region 4. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.
(b) The income limits calculated each year shall be the result of applying the percentages set forth in Subsection
F(9)(a) above to HUD's determination of median income for the relevant fiscal year, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
(c) The regional asset limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection
F(9)(a) above over the previous year's income limits, and applying the same percentage increase to the regional asset limit from the prior year. In no event shall the regional asset limit be less than that for the previous year.
(10) The rent levels of very-low-, low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the Northeast Urban Area, upon its publication for the prior calendar year. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low income housing tax credit regulations shall be indexed pursuant to the regulations governing low income housing tax credits.
(11) Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
G. Condominium and homeowners association fees.
(1) For any affordable housing unit that is part of a condominium association and/or homeowner's association, the master deed shall reflect that the association fee assessed for each affordable housing unit shall be established at 100% of the market rate fee.
H. Affordable unit controls and requirements.
(1) The requirements of this section apply to all developments that contain affordable housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.
I. Affirmative marketing.
(1) The Township shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
(2) The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward COAH Housing Region 4 and covers the period of deed restriction.
(3) The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 4, comprised of Bergen, Somerset, and Middlesex Counties.
(4) The Administrative Agent designated by the Township shall assure the affirmative marketing of all affordable units is consistent with the Affirmative Marketing Plan for the municipality.
(5) The Township shall add to the list of community and regional organizations in its affirmative marketing plan, pursuant to N.J.A.C. 5:80-26.15(f)(5), Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, the Supportive Housing Association, and the Trenton, Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater Long Branch Branches of the AACP, and shall, as part of its regional affirmative marketing strategies during its implementation of this plan, provide notice to those organizations of all available affordable housing units. The Township also agrees to require any other entities, including developers or persons or companies retained to do affirmative marketing, to comply with this subsection.
(6) In implementing the Affirmative Marketing Plan, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(7) The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.
(8) The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township of Colts Neck.
J. Occupancy standards.
(1) In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:
(a) Provide an occupant for each bedroom;
(b) Provide separate bedrooms for parents and children;
(c) Provide children of different sexes with separate bedrooms; and
(d) Prevent more than two persons from occupying a single bedroom.
(2) Additional provisions related to occupancy standards (if any) shall be provided in the municipal operating manual.
K. Selection of occupants of affordable housing units.
(1) The administrative agent shall use a random selection process to select occupants of low- and moderate-income housing.
(2) A waiting list of all eligible candidates will be maintained in accordance with the provisions of N.J.A.C. 5:80-26 et seq.
L. Control periods for restricted ownership units and enforcement mechanisms.
(1) Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability.
(2) Rehabilitated owner-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.
(3) The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
(4) The affordability controls set forth in this ordinance shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
(5) A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
M. Price restrictions for restricted ownership units, homeowner association fees and resale prices. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
(1) The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.
(2) The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
(3) The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.
(4) The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.
N. Buyer income eligibility.
(1) Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.
(2) The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income.
O. Limitations on indebtedness secured by ownership unit; subordination.
(1) Prior to incurring any indebtedness to be secured by a restricted ownership unit, the Administrative Agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.
(2) With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
P. Control periods for restricted rental units.
(1) Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability.
(a) Restricted rental units created as part of developments receiving 9% low-income housing tax credits must comply with a control period of not less than a thirty-year compliance period plus a fifteen-year extended use period.
(2) Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.
(3) Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Bergen. A copy of the filed document shall be provided to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.
(4) A restricted rental unit shall remain subject to the affordability controls of this ordinance, despite the occurrence of any of the following events:
(a) Sublease or assignment of the lease of the unit;
(b) Sale or other voluntary transfer of the ownership of the unit; or
(c) The entry and enforcement of any judgment of foreclosure.
Q. Price restrictions for rental units; leases.
(1) A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the Administrative Agent.
(2) No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.
(3) Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this ordinance.
R. Tenant income eligibility.
(1) Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
(a) Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.
(b) Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.
(c) Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.
(2) The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a) The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(b) The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(c) The household is currently in substandard or overcrowded living conditions;
(d) The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e) The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.
(3) The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection
R(2)(a) through
(e) above with the Administrative Agent, who shall counsel the household on budgeting.
S. Conversions.
(1) Each affordable housing unit created through the conversion of a non-residential structure shall be considered a new housing unit and shall be subject to the affordability controls for a new housing unit.
T. Alternative living arrangements.
(1) The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:
(a) Affirmative marketing (N.J.A.C. 5:80-26.15), provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the Court;
(b) Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
(2) With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court.
(3) The service provider for the alternative living arrangement shall act as the Administrative Agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.
[Added 12-16-2020 by Ord. No. 2020-19]
A. The position of Municipal Housing Liaison for the Township of Colts Neck is hereby established. The Municipal Housing Liaison shall be appointed by duly adopted resolution of the Township Mayor and Council and be subject to the approval by the Superior Court.
B. The Municipal Housing Liaison must be either a full-time or part-time employee of the Township of Colts Neck.
C. The Municipal Housing Liaison must meet the requirements for qualifications, including initial and periodic training found in N.J.A.C. 5:93.
D. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Colts Neck, including the following responsibilities which may not be contracted out to the Administrative Agent:
(1) Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, Administrative Agents and interested households;
(2) The implementation of the Affirmative Marketing Plan and affordability controls.
(3) When applicable, supervising any contracting Administrative Agent.
(4) Monitoring the status of all restricted units in the Township of Colts Neck's Fair Share Plan;
(5) Compiling, verifying and submitting annual reports as required by the Superior Court;
(6) Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and
(7) Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Superior Court.
[Added 12-16-2020 by Ord. No. 2020-19]
A. The Township shall designate by resolution of the Township Mayor and Council, subject to the approval of the Superior Court, one or more Administrative Agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93 and UHAC.
B. An operating manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the governing body and subject to approval of the Superior Court. The operating manuals shall be available for public inspection in the Office of the Municipal Clerk and in the office(s) of the Administrative Agent(s).
C. The Administrative Agent shall perform the duties and responsibilities of an administrative agents as are set forth in UHAC and which are described in full detail in the operating manual, including those set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:
(1) Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Superior Court;
(7) Processing requests from unit owners; and
(8) Enforcement, although the ultimate responsibility for retaining controls on the units rests with the municipality.
(9) The Administrative Agent shall, as delegated by the Township Mayor and Council, have the authority to take all actions necessary and appropriate to carry out its responsibilities, hereunder.
[Added 12-16-2020 by Ord. No. 2020-19]
A. Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
B. After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(1) The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:
(a) A fine of not more than $500 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;
(b) In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Colts Neck Affordable Housing Trust Fund of the gross amount of rent illegally collected;
(c) In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.
(2) The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.
C. Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
D. The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
E. Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
F. If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
G. Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.
H. The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
Appeals from all decisions of an Administrative Agent designated pursuant to this ordinance shall be filed in writing with the Township.
[Amended 12-16-2020 by Ord. No. 2020-20]
The following shall only be applicable to developments in the A-4 Mixed Housing District. Any development in which garden apartments, townhouses, atrium houses, quadplexes or other forms of multifamily housing are proposed shall comply with the following requirements.
A. Where these standards differ from those elsewhere in this chapter, for multifamily housing developments, these standards shall apply.
B. Subdivision approval is required if the units are to be located on individual lots. Site plan approval is required if the land is to be owned by a homeowners' association.
C. Water service shall be from other than individual, on-lot wells and approved by the Department of Environmental Protection and local health authorities as required.
D. Sewage treatment shall be from other than individual on-lot septic systems and approved by the Department of Environmental Protection where required and by local health authorities as required.
E. Each overall development shall have a compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. Each project shall specify how such things as the following have been considered in the overall plans: landscaping techniques; building orientation to the site and to other structures; topography; natural features, such as wooded areas, drainage courses, soil conditions and topographic relief; and building design features, such as varying unit widths, staggering units setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights, and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singly or in combination. Section
102-107 shall not apply.
F. The configuration of structures may be any alignment that meets the yard requirements and the following overall or component building lengths: 200 feet on one plane; 340 feet on any angle; and 500 feet along the center line. The approving authority may approve plans with lengths deviating from these standards, provided that consideration is given to fire access between structures, convenient vehicular access within the project, structural breaks, topographic and vegetative conditions, maximizing vistas and views and overall aesthetic appeal. Townhouse and atrium house structures shall have not fewer than three nor more than six units along one plane and not more than 10 units attached to create one overall structure.
G. No dwelling unit shall have a living area level lower than the average finished grade along the front of the structure, except that on side hill locations having a difference in elevation of at least eight feet from the front of the building to its rear, the number of stories above ground on the uphill side shall not exceed 2 1/2 stories, with a third story permitted above ground on the downhill side. The height of the building on the downhill side shall not exceed 40 feet and on the uphill side shall not exceed 35 feet above the average finished grade.
H. Density. The gross and net design densities shall comply with §
102-85E.
Any project proposed under a permitted form of planned development shall follow the appropriate zoning criteria of this chapter and the applicable subdivision and site plan criteria. Prior to approval of any planned development, the approving authority shall make the following findings of facts and conclusions.
A. All planned developments shall be designed in accordance with the specific planned development provisions of this chapter. The planned development provisions shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.
B. Proposals for maintenance and conservation of the common open space proposed to be handled by a private agency shall be reliable and shall be established in accordance with the homeowners' association provisions of §
102-95. Also, the amount, location and purpose of the common open space shall be adequate for the use intended.
C. The physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment shall be adequate and shall comply with appropriate portions of the Master Plan.
D. The proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
E. In the case of a proposed development which contemplates construction over a period of years, the term and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development shall be adequate.
Such Courts shall not be artificially lighted, shall not be used for commercial, professional or paid instruction purposes and shall be subject to site plan approval. Such Courts for tennis shall be equipped with backstop chain link fencing, having a minimum height of 10 feet and a maximum height of 15 feet, installed at both ends of said Court. Other appropriate means shall be provided as needed for other recreation courses to protect adjacent properties from struck, thrown, flying or rolling objects. Courts shall be shielded from view of streets and adjacent properties by an all-season landscaping screen designed, signed and sealed by a licensed landscape architect.