A.
Purpose. The purpose of the A-1 and A-2 Districts
is to encourage the orderly development of open lands and the continuation
of farms and, in light thereof, to require future development to protect
views, wooded areas, mature isolated trees, tree lines and environmentally
sensitive areas. The A-3 District is to accommodate those areas with
established patterns of smaller lot sizes. Cluster development is
permitted in the A-1 District in an effort to maintain properly coordinated
open spaces, floodplains, wooded tracts, reduced street distances
and the perpetuation of farming activity. Rural residential development
is permitted in all residential districts except A-4 and AG Districts.
B.
Principal permitted uses on land and in buildings.
The following shall be permitted as principal uses:
(1)
Agricultural uses are permitted in all three districts,
however, facilities for the keeping, training, raising, breeding and
shipping of farm animals are permitted in the A-1 District only.
(2)
Detached single-family dwellings and farms.
(3)
Township recreational uses, including fishing and
other outdoor sports, swimming pools, playgrounds, parks and ball
fields.
(5)
Building or land used exclusively by federal, state,
county or Township government for public purposes.
(6)
Public or private golf courses open for play only
during daylight hours.
(7)
Cluster development in accordance with § 102-91 herein, in the A-1 Zone only.
[Amended 5-25-2005]
(9)
Affordable housing growth share – grandfather, subject to § 102-46.6.
[Added 12-10-2008; amended 9-9-2020 by Ord. No. 2020-16]
(10)
The growing, cultivating, farming, manufacturing, distribution, or
selling of medical and/or recreational marijuana, and/or paraphernalia
that facilitates its use, shall be a prohibited principal, accessory
or conditional use.
[Added 8-8-2018 by Ord.
No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]
C.
Accessory uses. The following shall be permitted as accessory uses (subject to §§ 102-48 and 102-87):
[Amended 5-25-2005]
(2)
Barns, toolsheds, greenhouses, detached garages, pool cabanas, outdoor barbeque structures, as well as customary accessory buildings to a single-family dwelling and farms, including housing facilities used seasonally for farm workers actually working on the farm on which they are housed, provided that they are occupied only on a seasonal basis and meet all state and local rules and regulations [subject to § 102-84C(6)].
(3)
Off-street parking and private garages.
(4)
Travel trailers, camper trailers, boats and boat trailers
and solar energy panels mounted at ground level, to be located or
parked in rear and side yards only and which shall be screened from
view from public streets and neighboring properties 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.
(6)
Accessory buildings shall be in accordance with the following schedule
in the A-1, A-2 and A-3 Zones except that farm buildings and permitted
accessory farm labor housing for full-time employees of a farm shall
be exempted from this maximum building, floor area, volume, height
and story requirement.
[Amended 8-11-2004; 8-14-2013]
|
Schedule of Maximum Limitations: Accessory Structures
| |||
|---|---|---|---|
|
Lot Area
|
Zero to 50,000 square feet
|
50,000 square feet to 150,000 square feet
|
Greater Than 150,000 square feet
|
|
First floor
|
700 square feet
|
900 square feet
|
1,200 square feet
|
|
Total floor area
|
N/A
|
1,200 square feet
|
1,800 square feet
|
|
Total building volume
|
8,000 cubic feet
|
13,000 cubic feet
|
20,000 cubic feet
|
|
Height
|
18 feet
|
25 feet
|
25 feet
|
|
Stories
|
1.5
|
2.5
|
2.5
|
|
Notes:
| |
|
1.
|
Total floor area and total building volume includes all basement
areas but excludes cellars.
|
|
2.
|
Total floor area includes all areas in a half story where the
floor-to-ceiling height exceeds 4.5 feet.
|
(9)
Nursery schools affiliated with institutional uses,
operated on institutional use premises and operated on a nonprofit
basis.
[Amended 2-8-2023 by Ord. No. 2023-3]
(10)
Recreation Courts, private residential.
(11)
Farm labor housing attached to or part of a barn or other farm building. Farms equipped with horse training and/or horse breeding facilities and other operating farms that are continuously engaged in training and/or breeding horses, raising livestock and/or raising crops may provide living quarters and associated bathroom and kitchen facilities in a structure attached to or part of a barn or other farm building and specifically designed and designated for the purpose and which meets New Jersey State Housing Code (N.J.A.C. 5:28-1.2 et seq.) standards. The number of farm labor housing units (in addition to the principal residence) permitted on a farm under these provisions shall not exceed one unit per 15 acres or one unit per eight horse stalls, whichever results in the smaller number for a total not in excess of three units per farm. Each unit shall have a maximum gross floor area of 1,200 square feet per unit. Occupant(s) living in the quarters must be full-time employee(s) involved in the primary operation of the farm on which the accessory structure sits. All other residents must be immediate family members of the full-time employee(s). A farm must have an area of at least 15 contiguous acres to be eligible. Certification of eligibility that the occupants for the living quarters are full-time employees involved in the primary operation of the farm shall be submitted by the property owner annually to the Township Planner. Smoke detector inspections pursuant to § 29-7C(7) and submission of the health standard certifications pursuant to § 93-4 of the Code of the Township of Colts Neck shall occur for each change in tenancy. Such living quarters require a construction permit, and a certificate of occupancy. Any units provided under this provision shall cease to be used as a residence within six months of the date that occupancy ceases or that the property no longer qualifies for such housing under the requirements herein. An accessory dwelling unit which has received a certificate of occupancy and was occupied as of the effective date of this section may be enlarged or reconstructed without an appeal to the approving authority even though the accessory dwelling unit may now be nonconforming as to the number of units per farm permitted, provided that the accessory dwelling unit conforms with all bulk requirements of the A-1 Zone.
[Amended 8-11-2004]
(12)
Farm labor housing accessory dwelling units.
Accessory dwelling units to serve as living quarters are permitted
on active horse training or breeding and other active operating farms,
provided that one occupant(s) is a full-time employee(s) of the farm
on which the accessory structure sits, that all other residents must
be immediate family members of the full-time employee, that each unit
shall have a maximum gross floor area of 1,200 square feet, and that
the units are located and comply with the following requirements:
[Amended 8-11-2004]
(a)
The setbacks shall be twice the setbacks required
for farm accessory buildings, except that said units shall not be
located in any front yard area. These dwelling units shall use the
same driveway as the existing uses on the property.
(b)
The number of farm labor housing units (in addition
to the principal residence) permitted on a farm under these provisions
shall not exceed one unit per 15 acres or one unit per eight active
horse stalls, whichever results in the smaller number, for a total
not in excess of three units per farm.
(c)
Certification of eligibility that occupancy of a unit is by full-time employees involved in the primary operation of the farm shall be submitted annually by the property owner to the Township Planner. Smoke detector inspections pursuant to § 29-7C(7) and submission of the health standard certifications pursuant to § 93-4 of the Code of the Township of Colts Neck shall occur for each change in tenancy.
(d)
A farm must have an area of at least 15 contiguous
acres to be eligible.
(e)
Any units provided under this provision shall
cease to be used as a residence within six months of the date that
occupancy ceases or that the property no longer qualifies for such
housing under the requirements herein.
(f)
A construction permit and certificate of occupancy
are required for these units.
(g)
Grandfathering of nonconforming accessory dwelling units in the A-1 Zone. An accessory dwelling unit which has received a certificate of occupancy and was occupied as of the effective date of this section may be enlarged or reconstructed without an appeal to the approving authority even though the accessory dwelling unit may now be nonconforming as to the number of units per farm permitted, provided that the accessory dwelling unit conforms with all bulk requirements in § 102-84C(12)(a).
(17)
Horse tracks in the A-1 Zone with major site
plan approval.
(18)
The keeping of farm animals on a lot which is
the subject of a farmland assessment shall be permitted as an accessory
use with a principal farm use.
[Added 5-14-1997]
(19)
Home office, meaning a room within a single-family
dwelling where office activity is carried on for gain by a resident
in a dwelling unit, shall be a permitted accessory use in a single-family
dwelling, provided:
[Added 5-25-2005]
(a)
The business use is limited solely to office
use;
(b)
The use is operated by or employs in the residence
only a resident or residents who are permanent full-time residents
of the dwelling unit and no other persons;
(c)
No nonresident employees, customers, or business
invitees or guests shall visit the dwelling unit for business purposes;
(d)
The use shall be located in only one room of
the dwelling unit, which shall not be served by an entrance separate
from the household;
(e)
Interior storage of materials shall only consist
of office supplies;
(f)
There shall be no change to the exterior of
buildings or structures because of the use, and no outside appearance
of a business use, including but not limited to parking, storage,
signs or lights;
(g)
The use operates no equipment or process that
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with telephone, radio or television
reception, detectable by neighboring residents;
(h)
The use does not require any increased or enhanced
water supply;
(i)
The quantity and type of solid waste disposal
is the same as other residential uses in the zone district;
(j)
The capacity and quality of effluent is typical
of normal residential use and creates no potential or actual detriment
to the individual subsurface disposal system or its components;
(k)
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express and other delivery
services providing regular service to residential uses in the zone
district; and
(l)
All vehicular traffic to and from the home office
use shall be limited in volume, type and frequency to what is normally
associated with other residential uses in the zone district.
D.
Building height. No building shall exceed 35 feet in height or 2 1/2 stories, except for institutional uses, government buildings and barns, which shall not exceed 55 feet. See § 102-61.
[Amended 2-28-2018; 2-8-2023 by Ord. No. 2023-3]
E.
Area and yard requirements.
[Amended 5-25-2005]
(3)
Detached single-family dwellings shall meet the minimum
requirements as shown on the schedule of limitations.
(4)
Except as noted elsewhere herein, agricultural uses
and farms shall meet the following minimum requirements: lot area,
five acres; lot frontage and width, 300 feet; lot depth, 300 feet;
each side yard, 100 feet; front yard setback, 75 feet; rear yard setback,
75 feet. Total building coverage shall not exceed 10%.
F.
Minimum off-street parking.
(1)
There shall be three spaces per dwelling unit.
(3)
Public buildings and government buildings shall provide
one space for every 600 square feet of gross floor area.
(4)
Golf courses shall provide sufficient spaces and maneuvering
area to prevent any parking along public rights-of-way or private
driveways, fire lanes and aisles.
(5)
Any use having access only from a collector or arterial
street as shown on the adopted Master Plan or Official Map shall provide
a paved turnaround area on the site.
(6)
Public and private schools shall provide 1.2 spaces
per employee and, in all cases, sufficient additional parking space
for school bus loading and unloading and parking for public events
normally held on premises and student parking.
(7)
No commercial motor vehicle, truck tractor, omnibus
or school bus as defined in N.J.S.A. 39:1-1 and the various amendments
thereto nor registered constructor vehicles or solid waste vehicles
as defined in N.J.S.A. 39:3-20 and the various amendments thereto,
over 1/2 ton registered weight or a trailer bearing commercial license
plates, shall be parked out of doors any time, except those vehicles
actually engaged in deliveries, construction or similar activity that
is in progress at the site in question, in which case the vehicle
may be parked on a temporary basis. School buses may be parked on
school grounds as allowed by these development regulations or in the
duly established municipal parking lot. This section shall not apply
to registered farm vehicles as defined in N.J.S.A. 39:3-24, 39:3-25
and 39:3-26 and the various amendments thereto.
(8)
All parking lots providing eight or more parking spaces
shall be lighted if used commercially after dark.
(9)
Horse tracks shall provide and maintain in good condition
and free of grass and weeds an improved, gravel-surfaced parking area
adequate for the maximum number of vehicles normally using the facility.
G.
Minimum off-street loading and unloading. All nonresidential
uses shall show properly dimensioned loading spaces on the site plan
as appropriate for the proposed use and separate from off-street parking
areas.
H.
Signs.
(1)
Street number designations, postal boxes, on-site
directional and parking signs and signs posting property as "private
property," "no hunting" or similar purposes are permitted, but shall
not exceed two square feet in area per side per sign.
(2)
All uses other than single-family dwellings may be
permitted one externally lighted sign, with an area of not more than
12 square feet on each of two sides. Said sign shall be located no
closer than 10 feet from the existing curbed or paved roadway and
if freestanding, shall be no higher than eight feet. If attached to
the building, the sign shall not exceed the building height to which
it is attached. Notwithstanding the above, any valid preexisting nonconforming
sign legally erected prior to the adoption of this chapter shall be
permitted for as long as the business for which the sign is used continues.
[Amended 11-10-1999]
(3)
A temporary real estate sign advertising the sale
or lease of a property or structure is permitted with the following
restrictions:
[Amended 11-10-1999]
(a)
There shall be no more than one sign per property,
except that corner lots shall be entitled to two signs per each such
lot. Such signs shall not exceed four square feet on each side and
shall not be more than four feet in height and shall be removed at
the expense of the advertiser immediately upon termination or completion
of the matter being advertised.
[Amended 10-14-2020 by Ord. No. 2020-18]
(b)
Signs shall located not closer than 10 feet
from the nearest curbed or paved area; such signs shall not be lighted.
(c)
Signs must be located on the property advertised.
(d)
Directional signs advertising for open houses
may be permitted on the day before the open house and must be removed
the same day after the termination of the open house. Such signs shall
not exceed four square feet on each side and shall not be more than
four feet in height. The number, size and location of such signs are
to be determined by the Zoning Officer or Code Enforcement Officer
in the exercise of his or her reasonable judgment. In any event, no
more than five signs shall be permitted for any one open house event.
[Amended 10-14-2020 by Ord. No. 2020-18]
I.
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.
A.
Purposes and requirements. The purpose of this section is to provide a variety of housing opportunities in that portion of the Township designated to accommodate the Township's low/moderate-income housing consistent with the adopted land use and housing elements of the Colts Neck Township Master Plan. It is specifically required that any development in this zone and under the zoning provision of this section will require the developer to abide by and meet the requirements of the terms and conditions of an Order of the Honorable Eugene Serpentelli, entered December 1, 1986, as may be amended from time to time, concerning affordable housing requirements in the Township of Colts Neck. It is intended that the design alternatives be used to maximize design flexibility, provide a mixture of housing types, meet the minimum dwelling units sizes as set forth by the New Jersey Housing and Mortgage Finance Agency or other applicable state agency requirements and produce the Township's regional fair share of lower-income housing. Environmentally critical areas shall be avoided by improvements if alternative solutions found to be reasonable and practical are available. Buffer areas along tract lines shall be provided, especially adjacent to farms. Where the standards in the A-4 District differ from other provisions of this chapter, the A-4 standards shall apply. See § 102-98.
B.
Principal permitted uses on land and in buildings.
The following shall be permitted as principal uses:
(1)
Small lot single-family homes, detached single-family
condominium homes, two-family homes, quadplexes, patio homes, atrium
houses, townhouses, garden apartments and other forms of owner-occupied
and/or renter-occupied housing, provided that said units comply with
the State Housing Code and other applicable local and state codes
and ordinances.
(2)
Agricultural uses and farms.
(3)
Buildings or land used by the Township for public
purposes.
(6)
The
growing, cultivating, farming, manufacturing, distribution, or selling
of medical and/or recreational marijuana, and/or paraphernalia that
facilitates its use, shall be a prohibited principal, accessory or
conditional use.
[Added 8-8-2018 by Ord.
No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]
C.
Accessory uses. The following shall be permitted as
accessory uses:
(1)
Maintenance facilities and private recreational facilities, such as pools, tennis Courts, basketball Courts and/or clubhouses. These facilities shall be located on common property in multifamily and mixed housing developments and shall be owned and operated by a homeowners' association, established in accordance with § 102-95, with membership and/or use open only to residents of the development and their quests. The outdoor recreation facilities are for use only during daylight hours and shall not be lighted. Such facilities require major site plan approval.
(2)
Mailboxes, lampposts, flagpoles, driveways, sidewalks, fences and walls and similar structures are permitted on common property and on individually subdivided lots without site plan approval, provided that they meet all applicable ordinance requirements. See also § 102-87.
(3)
On farms, barns, tool sheds, greenhouses and customary accessory buildings to farms, including living quarters for farm help in accordance with § 102-84C(11) and (12) herein and housing facilities used seasonally for farm workers actually working on the farm on which they are housed, provided that they are occupied only on a seasonal basis and meet all state and local rules and regulations.
(4)
Off-street parking areas and private garages if attached
to the associated principal structures.
(5)
Travel trailers, camper trailers, boats and boat trailers
may be parked only in specially designated parking areas as part of
a planned development. They shall not be permitted to be parked on
individual residential lots because of the small lot size intended.
This specially designated parking area shall be graded and, as a minimum,
covered with compacted stone as required for parking areas and covered
with stone dust. Blacktop surfacing in accordance with the off-street
parking requirements may be installed but is not required. Nonpaved
areas must be kept grass and weed free and in good repair.
D.
Conditional uses. The following shall be permitted
as conditional uses:
(1)
Public utilities.
(a)
Because the density will be higher than can
be sustained by on-lot wells and septic systems, other methods of
water and sewer service will be required and shall have New Jersey
Department of Environmental Protection and local health authority
approval and any other required local, county and/or state approvals
prior to preliminary subdivision or site plan approval and the issuance
of any construction permit to start construction.
(b)
Public utilities necessary for the direct service
of the utility to the consumers such as transformers, transmission
lines, piping, treatment plant, and pumping stations, but excluding
warehouses, repair and maintenance garages, offices, storage yards
and similar commercial and industrial oriented facilities, are permitted.
E.
Area, yard, bulk and design requirements.
(1)
A mix of unit types shall be required.
(2)
Density and number of units.
(a)
The maximum number of dwelling units permitted
on a tract shall be based on 6.5 units per gross acre of land, except
for senior citizens housing as covered below and except, further,
that the total number of units in the development shall be no more
than necessary to result in the completion of the Township's obligation
to provide its fair share of the region's lower-income housing need
considering the development at hand, as well as all others that provided
lower-income units that have preceded the development at hand.
(b)
The erection of senior citizens housing, for persons aged 62 years and over, in the A-4 District is permitted, provided that the development incorporates the income limits required in § 102-97 and incorporates the housing type, number of units, site design and unit distribution according to applicable state/federal program guidelines and provided that the required deed restrictions are applied to the project as required in § 102-97, with the addition of the age limitations of its occupants. No senior citizen project shall exceed a density of 10 units per gross acre. A senior citizen project shall have a maximum of three stories as seen from any side and a maximum height of 40 feet.
(3)
In each multifamily development, a landscaped buffer area at least 25 feet wide along perimeter streets shall be incorporated in the perimeter setback area set forth in E(4) below. Common open space, landscaping and conservation easements and wetlands and wetland buffers may be utilized as buffer areas if they meet the landscaping and screening requirements of § 102-90. A minimum buffer area of 10 feet shall be provided between adjacent lower-income and market unit areas internal to the tract. The buffers shall be designed and planted to meet the objectives of § 102-90 as may be modified under the waiver provisions of § 102-85H(5).
(4)
Bulk and design requirements. The design and density
of the housing units within that portion of the tract devoted to each
dwelling unit type shall be as follows. While lot size and dimensions
are given, subdivided lots are not required. Condominiums or other
nonsubdivided occupancy may be permitted in lieu of subdivided lots,
but the unit area and setbacks intended for each unit and the location
of each unit shall be identified on the plat to assure compliance
with the following minimum provisions:
[Amended 9-9-2020 by Ord. No. 2020-15]
|
Type
|
Patios, Atriums and Townhouses, Duplexes
and Quadplexes7 (see § 102-98)
|
Garden Apartments7 (see § 102-98)
|
Detached Single-Family Dwellings7
|
|---|---|---|---|
|
Minimum lot or unit area size
|
1
|
Not applicable
|
5,000 sq. ft.
|
|
Minimum lot or unit area width at building line
|
1
|
Not applicable
|
40 feet
|
|
Minimum lot or unit area depth
|
1
|
Not applicable
|
100 feet
|
|
Minimum for particular housing types
| |||
|
Area of total tract
|
2 acres
|
5 acres
|
5 acres
|
|
Width of total tract
|
250 feet
|
400 feet
|
250 feet
|
|
Perimeter setback
|
50 feet12
|
85 feet
|
50 feet
|
|
Minimum front yard6,8
|
25 feet
|
25 feet
|
20 feet
|
|
Minimum side yard6,8
|
15 feet
|
15 feet
|
5 feet10
|
|
Minimum rear yard6,8
|
25 feet
|
25 feet
|
20 feet
|
|
Maximum building height
|
35 feet
|
35 feet5
|
35 feet
|
|
Maximum building coverage overall tract
|
40%
|
40%
|
40%
|
|
Minimum off-street parking9
|
2 per unit2
|
2 per unit2
|
2 per unit
|
|
Minimum open space/common property4
|
25% for the entire project's tract, exclusive
of streets and parking areas
| ||
|
Maximum net density
|
3
|
14 per acre
|
7 per acre
|
|
Maximum gross density
|
See § 102-85E(2)
| ||
|
Sight triangles
| |||
|
Intersection of local to collector street
|
15 feet along local streets by 250 feet along
collector streets
| ||
|
NOTES:
1If located on individual
subdivided lots:
| |||
|
Patios, atriums and townhouses: minimum at 15
feet by 90 feet = 1,350 square feet per unit
| |||
|
Duplexes: minimum at 50 feet by 100 feet = 5,000
square feet per duplex
| |||
|
Quadplexes: minimum at 50 feet by 100 feet =
5,000 square feet per quadplex
| |||
|
2For senior citizen
units, 0.5 space per unit for apartments and 1.0 space per unit for
other unit types, except detached single-family dwellings shall be
two spaces per unit. All spaces shall be unassigned.
| |||
|
3Patios, atriums,
townhouses and duplexes at 9.0 units per acre, quadplex units at 11.0
units per acre.
| |||
|
4Common property and open space shall be operated and maintained by a homeowners' association as set forth in § 102-95.
| |||
|
5For senior citizen
units, the maximum building height shall be 40 feet, with a maximum
of three stories.
| |||
|
6Accessory buildings and structures are not permitted in the front yard, except as noted in § 102-87. Minimum distances between adjacent principal structures shall be 15 feet.
| |||
|
8In multifamily/condominium-type developments, measured to the street right-of-way line for dedicated streets or the curb for private streets or parking areas. See requirements of § 102-83C.
| |||
|
9Where the two spaces
per unit are provided by garages and/or private driveways, an additional
1.0 space per unit of public parking shall be provided, either in
off-street parking lots or for single-unit buildings, on streets;
however, this additional one space per unit for single-unit buildings
may be provided by a driveway which is at least 36 feet in length
and 18 feet in width. Parking spaces on streets or parking lots shall
be unassigned, except for handicapped parking spaces.
| |||
|
10Total of two side
yards per dwelling shall be 15 feet minimum. Distance between adjacent
buildings shall be 15 feet minimum.
| |||
|
11Parking areas may
have zero setbacks from internal lot lines.
| |||
|
12Tract perimeter setback of 50 may
be reduced to 35 feet along the Colts Neck side of the Howell Township
municipal boundary as long as the remaining 15 feet is provided by
a buffer easement dedicated to Colts Neck Township along the Howell
Township side of the boundary. The grantor, its successors and assigns
reserve a 24-foot access easement and a fifteen-foot utility right-of-way
easement across the 15-foot buffer easement in Howell Township.
| |||
F.
Signs.
(1)
Street number designation, postal boxes, on-site directional
and parking signs and signs posting property as "private property,"
"no hunting" or similar purposes are permitted but shall not exceed
two square feet in area per sign per side.
(2)
A temporary real estate sign advertising the sale
or lease of a property or structure is permitted with the following
restrictions:
[Amended 11-10-1999]
(a)
There shall be no more than one sign per property,
except that corner lots shall be entitled to two signs per each such
lot.
(b)
Signs shall be located not closer than 10 feet
from the nearest curbed or paved area. Such signs shall not be lighted.
(c)
Signs must be located on the property advertised.
(d)
Directional signs advertising for open houses
may be permitted on the day before the open house and must be removed
the same day after the termination of the open house. The number,
size and location of such signs are to be determined by the Zoning
Officer or Code Enforcement Officer in the exercise of his or her
reasonable judgment. In any event, mo more than five signs shall be
permitted for any one open house event.
G.
Certificate of occupancy. Any dwelling unit identified for lower-income housing shall not be occupied or reoccupied by a new tenant or owner until a new certificate of occupancy is issued to assure compliance with § 102-97.
H.
Waivers for lower-income housing. The approving authority, when acting upon an application which includes provisions for lower-income housing in accordance with § 102-97 and the A-4 District, shall waive those portions of the following standards if they do not create health and safety concerns for either the Township or the future residents of a development.
(1)
For streets internal to the development, curbs and gutters may be waived, except in locations where drainage control and/or erosion control are necessary. When curbs and/or gutters are required, they shall conform to § 102-53.
(2)
Piped stormwater drainage systems may be waived with
swales substituted, except in situations where swales are likely to
increase erosion control problems. If used, swales shall have a bottom
elevation that will allow any water under the roadway to seep out
and drain away, have side slopes no steeper than three horizontal
to one vertical, have a flat four-foot-wide bottom, be planted to
stabilize the soil along the sides and bottom according to the soil
types, have capacity for the computed runoff, be sloped to handle
the rate of runoff while not eroding the soil and allow a design flow
of at least 0.5 foot per second, but not more than two feet per second.
Intersections shall be crowned to assure positive drainage into the
swales. Where pipes are installed at road/driveway crossings or other
required locations, the pipes shall be continuations of the swales
and shall be of adequate size.
(3)
Streetlighting and other lighting, if provided, shall be designed for locations best meeting overall public safety considerations considering intersections, public parking areas, walkways and the intensity of development. Where installed, lighting shall meet the requirements and/or objectives of § 102-117.
(4)
Off-street parking designs may have waivers of some,
but not all, landscaping requirements and may not be required to install
curbing around all parking lots. Curbing will be required, however,
where drainage control is needed and where erosion potential cannot
adequately be addressed by alternate method.
(5)
Shade tree planting and landscaping may be reduced,
but not eliminated.
(6)
Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety and proper pedestrian circulation. Sidewalks need not follow all streets and in some instances may be better to follow open space corridors. The determination of whether sidewalks are needed and where they are best located shall be based on public safety, considering the intensity of development, the probable volume of pedestrian traffic, the adjoining street classification where sidewalks parallel streets, access to school bus stops, recreation areas and the general type of improvement intended. If required, sidewalks shall meet the requirements of § 102-72.
(7)
Street paving widths may be reduced in accordance
with the following standards which relate reduced pavement widths
to removal or limiting of curb-street parking and adequate off-street
parking.
(a)
Dedicated public streets.
|
Right-of-Way
(feet)
|
Paving Width On-Street Parking Allowed
(feet)
|
No Curb Side Parking Allowed
(feet)
|
|---|---|---|
|
50
|
36
|
NA
|
|
40
|
NA
|
28
|
(b)
Private access streets with no restricted public
access to dwellings and parking.
|
Street Paving Widths
| |
|---|---|
|
Type
|
Width
(feet)
|
|
Both side on-street parking
|
36
|
|
One side on-street parking
|
32
|
|
No on-street parking except in parking lots
|
25
|
I.
Recyclable material storage. A condition of approval
for all subdivisions shall be that all single-family dwelling units
constructed on said subdivision shall provide a storage area of at
least 12 square feet within each dwelling unit to accommodate a four-week
accumulation of mandated recyclable materials (including but not limited
to newspaper, glass bottles, aluminum cans, tin and bimetal cans).
The storage area may be located in the laundry room, garage, basement
or kitchen, and all multifamily dwelling units shall provide a storage
area of at least six square feet within each dwelling unit to accommodate
a four-week accumulation of mandated recyclable materials (including
but not limited to newspaper, glass bottles, aluminum cans, tin and
bimetal cans). The storage area may be located in the laundry room,
garage or kitchen. This requirement shall be stated on the subdivision
or site plan plat.
J.
Parking of commercial vehicles prohibited. No commercial
motor vehicle, truck tractor, omnibus or school bus, as defined in
N.J.S.A. 39:1-1 and the various amendments thereto, nor registered
construction vehicles or solid waste vehicles, as defined in N.J.S.A.
39:3-20 and the various amendments thereto, over 1/2 ton registered
weight or a trailer bearing commercial license plates shall be parked
out of doors any time, except those vehicles actually engaged in deliveries,
construction or similar activity that is in progress at the site in
question, in which case the vehicles may be parked on a temporary
basis. School buses may be parked on school grounds as allowed by
these development regulations or in the duly established municipal
parking lot. This subsection shall not apply to registered farm vehicles,
as defined in N.J.S.A. 39:3-24, 39:3-25 and 39:3-26 and the various
amendments thereto.
[Added 6-30-2004]
A.
Purpose. The purpose of the A-5 Rural Residence District
is to provide for requirements for the orderly development of open
lands to protect views and wooded areas and to minimize the construction
of road surfaces and other impervious surfaces so as to preserve the
aesthetic character of established neighborhoods.
B.
Principal permitted uses on land and in buildings.
All principal uses permitted in the A-1 Agricultural District shall
be permitted.
[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.
(2)
Agricultural uses.
(3)
Conservation areas and open space.
(4)
The growing, cultivating, farming, manufacturing, distribution,
or selling of medical and/or recreational marijuana and/or paraphernalia
that facilitates its use, shall be a prohibited principal, accessory
or conditional use.
[Added 4-14-2021 by Ord. No. 2021-6]
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.
(9)
Bike racks.
(10)
Signs.
(11)
Site lighting. The arrangement of exterior lighting shall adequately
and safely illuminate parking areas, internal roadways, and walkways.
(12)
Other uses which are customarily incidental to a permitted principal
use.
(14)
Utility structures, including, but not limited to, stormwater
management basins and facilities, pump stations, junction boxes, and
the like. Existing stormwater management basins and facilities may
be utilized in new development.
(15)
Emergency generators.
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.
(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.
[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).
(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)
Travel trailers, camper trailers, boats and boat trailers and
solar energy panels mounted at ground level, to be located or parked
in rear and side yards only and which shall be screened from view
from public streets and neighboring properties 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.
(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.
|
(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.
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%.
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)
No commercial motor vehicle, truck tractor, omnibus or school
bus as defined in N.J.S.A. 39:1-1 and the various amendments thereto
nor registered constructor vehicles or solid waste vehicles as defined
in N.J.S.A. 39:3-20 and the various amendments thereto, over 1/2 ton
registered weight or a trailer bearing commercial license plates,
shall be parked out of doors at any time, except those vehicles actually
engaged in deliveries, construction or similar activity that is in
progress at the site in question, in which case the vehicle may be
parked on a temporary basis. School buses may be parked on school
grounds as allowed by these development regulations or in the duly
established municipal parking lot. This section shall not apply to
registered farm vehicles as defined in N.J.S.A. 39:3-24, 39:3-25 and
39:3-26 and the various amendments thereto.
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.
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:
(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.
A.
Purpose. This zone is placed to recognize the existing
agricultural characteristics while permitting development in a manner
that will encourage the continuation of farming. It is intended to
retain the low-density characteristics of the agricultural area while
offering alternatives for limited new developments that will least
impact the continuation of agricultural activities and minimize the
impact on limited natural resources that may otherwise result from
higher-density development relying on on-site wells and septic systems.
The alternatives in this district are also intended to provide flexibility
in design to reduce street mileage and alternate location of structures,
while promoting the conservation of energy and maximizing utilization
of renewable energy resources.
B.
Permitted principal uses. The following shall be permitted
as principal uses:
(1)
Building and land used for agricultural purposes and
including such shelter as may be required for seasonal farm labor.
(2)
Farms.
(3)
Single-family dwelling.
[Amended 5-25-2005]
(4)
Public uses, provided that they meet the minimum requirements
for a farmette.
(6)
Vineyard.
[Added 12-19-2000]
(8)
Affordable housing growth share – grandfather, subject to § 102-46.6.
[Added 12-10-2008; amended 9-9-2020 by Ord. No. 2020-16]
(9)
The
growing, cultivating, farming, manufacturing. distribution, or selling
of medical and/or recreational marijuana, and/or paraphernalia that
facilitates its use, shall be a prohibited principal. accessory or
conditional use.
[Added 8-8-2018 by Ord.
No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]
C.
Conditional uses (see § 102-11). The following shall be permitted as conditional uses:
(1)
Public utilities.
(2)
Veterinarian offices for large farm animals as an
accessory use to an agricultural use.
[Amended 2-8-2023 by Ord. No. 2023-3]
(3)
Institutional uses, except these uses shall not be permitted on lots resulting from the lot size averaging provisions contained in § 102-86F(3)(b) of the Colts Neck Development Regulations. See § 102-11F.
[Amended 8-14-2013; 2-28-2018; 8-11-2021 by Ord. No. 2021-14]
D.
Accessory uses. The following shall be permitted as accessory uses (subject to §§ 102-48 and 102-87):
[Amended 5-25-2005]
(1)
Barns, toolsheds, greenhouses, detached garages, pool
cabanas, outdoor barbeque structures as well as customary accessory
buildings to a single-family dwelling and farms, including housing
facilities used seasonally for farm workers actually working on the
farm on which they are housed, provided that they are occupied only
on a seasonal basis and meet all state and local rules and regulations.
(3)
Off-street parking and private garages.
(6)
Farm labor housing accessory dwelling units. Accessory
dwelling units to serve as living quarters are permitted on active
horse training or breeding and other active operating farms, provided
that one occupant(s) is a full-time employee(s) of the farm on which
the accessory structure sits, that all other residents must be immediate
family members of the full-time employee, that each unit shall have
a maximum gross floor area of 1,200 square feet and that the units
are located and comply with the following requirements:
[Amended 8-11-2004]
(a)
The setbacks shall be twice the setbacks required
for farm accessory buildings, except that said units shall not be
located in any front yard area. These uses shall use the same driveway
as the principal residence on the property.
(b)
The number of farm labor housing units (in addition
to the principal residence) permitted on a farm under these provisions
shall not exceed one unit per 15 acres or one unit per eight horse
stalls, whichever results in the smaller number, for a total not in
excess of three units per farm.
(c)
Certification of eligibility that occupancy of a unit is by a full-time employee involved in the primary operation of the farm shall be submitted annually by the property owner to the Township Planner. Smoke detector inspections pursuant to § 29-7C(7) and submission of the health standard certifications pursuant to § 93-4 of the Code of the Township of Colts Neck shall occur for each change in tenancy.
(d)
A farm must have an area of at least 15 contiguous
acres to be eligible.
(e)
Any units provided under this provision shall
cease to be used as a residence within six months of the date that
occupancy ceases or that the property no longer qualifies for such
housing under the requirements herein.
(f)
Construction permit and certificate of occupancy
are required for these units.
(g)
Grandfathering or nonconforming accessory dwelling units in the AG Zone. An accessory dwelling unit which has received a certificate of occupancy and was occupied as of the effective date of this section may be enlarged or reconstructed without an appeal to the approving authority even though the accessory dwelling unit may now be nonconforming as to the number of units per farm permitted, provided that the accessory dwelling unit conforms with all bulk requirements in § 102-86D(6)(a).
(7)
Farm labor housing attached to or part of a barn or
other farm building. Farms equipped with horse training and/or horse
breeding facilities and other operating farms that are continuously
engaged in training and/or breeding horses, raising of livestock and/or
raising of crops may provide living quarters and associated bathroom
and kitchen facilities in a structure attached to or part of a barn
or other farm building and specifically designed and designated for
the purpose and which meet New Jersey State Housing Code (N.J.A.C.
5:28-1.2 et seq.) standards.
[Amended 8-11-2004]
(a)
The number of farm labor housing units (in addition
to the principal residence) permitted on a farm under these provisions
shall not exceed one unit per 15 acres or one unit per eight horse
stalls, whichever results in the smaller number, for a total not in
excess of three units per farm. A farm must have an area of at least
15 contiguous acres to be eligible. Each unit shall have a maximum
of 1,200 square feet per unit. Occupant(s) living in the quarters
must be full-time employee(s) involved in the primary operation of
the farm on which the accessory structure sites. All other residents
must be immediate family members of the full-time employees.
(b)
Certification of eligibility that the occupants for the living quarters are full-time employees involved in the primary operation of the farm shall be submitted by the property owner annually to the Township Planner. Smoke detector inspections pursuant to § 29-7C(7) and submission of the health standard certifications pursuant to § 93-4 of the Code of the Township of Colts Neck shall occur for each change in tenancy. Such living quarters require a construction permit and a certificate of occupancy. Any units provided under this provision shall cease to be used as a residence six months after the date that occupancy ceases or that the property no longer qualifies for such housing under the requirements herein.
(c)
Grandfathering or nonconforming accessory dwelling
units in the AG Zone. An accessory dwelling unit which has received
a certificate of occupancy and was occupied as of the effective date
of this section may be enlarged or reconstructed without an appeal
to the approving authority even though the accessory dwelling unit
may now be nonconforming as to the number of units per farm permitted,
provided that the accessory dwelling unit conforms with all bulk requirements
of the AG Zone.
(9)
Travel trailers, camper trailers, boats and boat trailers
and solar energy panels mounted at ground level, to be located or
parked in rear and side yards only and which shall be screened from
view from public streets and neighboring properties 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.
(11)
Nursery schools affiliated with churches, operated
on church premises and operated on a nonprofit basis.
(14)
Horse tracks with major site plan approval.
(15)
The keeping of farm animals on a lot which is
the subject of a farmland assessment shall be permitted as an accessory
use with a principal farm use.
[Added 5-14-1997]
(16)
A winery [see § 102-86F(7)] and winery retail sales area in conjunction with a winery which meets the following requirements:
[Added 12-19-2000]
(a)
The sales area shall be limited to juices, wine and/or brandy grown, processed and fermented on site in the winery, along with associated accessory products such as corkscrews, wine totes, wine buckets, wine glasses, decanters, small wine racks, small uncorking and preservation machines, small wine barrels and literature. No food or food products shall be sold from the retail sales area, except for agricultural produce or product grown on the site. Gratuitous offerings of cheese, crackers or condiments associated with wine sampling is permitted upon approval of the Colts Neck Health Officer, pursuant to Chapter 12 of the State Sanitary Code.
(b)
The gross floor area of the retail sales area
shall not exceed 600 square feet. Gross floor area of the retail sales
is not included in the farm winery floor area ratio (FAR) calculations.
(c)
The retail sales areas shall be open to the
general public within the limitations as prescribed by the farm winery
license and Township ordinances applicable to the sale of alcoholic
beverages, whichever are more restrictive. However, the winery retail
sales area may only be open for retail sales between 9:00 a.m. and
6:00 p.m., except on Saturday and Sunday when the hours will be from
11:00 a.m. to 6:00 p.m. Said retail sales area shall be allowed to
be open a maximum of four days per week.
(d)
One nonilluminated facade sign may be permitted,
provided that the area of the sign does not exceed the equivalent
of 5% of the area of the wall on which it is attached or 40 square
feet, whichever is smaller. On-site directional signs are permitted,
provided that said signs do not exceed 5 square feet in area and 2
1/2 feet in height.
(e)
One off-street parking space shall be provided
for each 100 square feet of floor area devoted to the sales area.
The parking area may be paved or gravel.
(f)
Notwithstanding Subsection D(16)(c) above, the retail sales area shall be closed on Monday, Tuesday and Wednesdays of each week.
(h)
Tour buses, as defined herein, shall not be
allowed on site nor be allowed to park on public streets or roads
nor be allowed to discharge passengers on said public streets or roads
or on the site.
(i)
Wine sampling shall be limited to no more than
five samples per visitor as defined herein.
(j)
Special events such as Renaissance fairs, wine
festivals, music festivals, theme nights, banquets, weddings and wedding
receptions associated with a winery shall be prohibited.
(k)
Winery permit required.
[1]
Wineries utilizing existing farm structures located on properties as of the adoption of this subsection and fulfilling all requirements of §§ 102-86D(16) and 102-86F(7) shall be site plan exempt. All other wineries must obtain Minor Site Plan approval from the approving authority.
[2]
All wineries must obtain a yearly retail sales
permit issued by the Zoning Officer. The retail sales permit shall
be valid for a maximum period of nine months per year and shall be
issued or denied within 20 working days of submission. A fee of $25
must be submitted with the permit application.
[3]
All winery retail sales permit applications shall include a plot plan prepared in accordance with §§ 102-86D(16) and 102-86F(7) and indicate the location of all existing structures, proposed parking locations, the location, size and description of all interior signs, floor plan of the retail sales area, the proposed signage, the location of all entrances and exits, the location of all access isles, parking control measures to be provided and a description of the wine and accessory products sold and the hours of operation. Proof of a State Alcoholic Beverage Control (ABC) approved farm winery license must also be submitted. The Zoning Officer may request additional information as deemed necessary.
(l)
A mercantile license shall also be obtained.
(17)
Home office, meaning a room within a single-family
dwelling where office activity is carried on for gain by a resident
in a dwelling unit, shall be a permitted accessory use in a single-family
dwelling, provided:
[Added 5-25-2005]
(a)
The business use is limited solely to office
use;
(b)
The use is operated by or employs in the residence
only a resident or residents who are permanent full-time residents
of the dwelling unit, and no other persons;
(c)
No nonresident employees, customers, or business
invitees or guests shall visit the dwelling unit for business purposes;
(d)
The use shall be located in only one room of
the dwelling unit, which shall not be served by an entrance separate
from the household;
(e)
Interior storage of materials shall only consist
of office supplies;
(f)
There shall be no change to the exterior of
the buildings or structures because of the use, and no outside appearance
of a business use, including but not limited to parking, storage,
signs, or lights;
(g)
The use operates no equipment or process that
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with telephone, radio or television
reception, detectable by neighboring residents;
(h)
The use does not require any increased or enhanced
water supply;
(i)
The quantity and type of solid waste disposal
is the same as other residential uses in the zone district;
(j)
The capacity and quality of effluent is typical
of normal residential use and creates no potential or actual detriment
to the individual subsurface disposal system or its components;
(k)
Delivery trucks shall be limited to U.S. Postal
Service, United Parcel Service, Federal Express and other delivery
services providing regular service to residential uses in the zone
district; and
(l)
All vehicular traffic to and from the home office
use shall be limited in volume, type and frequency to what is normally
associated with other residential uses in the zone district.
E.
Building height. No building shall exceed 35 feet in height or 2 1/2 stories, except as provided in § 102-61.
F.
Area and yard requirements.
(1)
Farms, agricultural, horticultural and dairying uses
shall be 10 acres minimum. Barns, livestock shelters and other customary
agricultural accessory farm buildings which usually house or contain
livestock shall be set back at least 100 feet from any property line.
(3)
Residential development. The development of residences
shall be based on one of the following choices. Overall, the densities
are kept low. The intent is to add flexibility to the number of design
options available, so some additional development can take place,
while minimizing the impact on agricultural uses, maximizing the preservation
of prime agricultural soils and the industry of agriculture, directing
higher-density development away from the reservoir, encouraging the
conservation of energy and maximizing opportunities to use renewable
energy sources.
(a)
Ten-acre farmettes and flag lots.
[Amended 2-13-2013]
|
Type
|
Farmettes
|
Flag Lots
| |
|---|---|---|---|
|
Minimum lot area
|
10 acres
|
10 acres, plus access lane
| |
|
Minimum lot frontage and width
|
300 feet¹
|
50 feet for lane, but a width of 300 feet for that portion of
the flag lot used as the house site
| |
|
Minimum lot depth
|
400 feet
|
400 feet without access lane
| |
|
Minimum front yard
|
200 feet
|
200 feet without access lane
| |
|
Minimum side yard²
|
40 feet
|
40 feet
| |
|
Minimum rear yard²
|
50 feet
|
50 feet
| |
|
Minimum building separation
|
20 feet
|
20 feet
| |
|
Maximum building height²
|
35 feet
|
35 feet
| |
|
Maximum building coverage³
|
5%
|
5%
| |
|
Maximum lot coverage³
|
10%
|
10%
|
|
NOTES:
| |
|
¹ See § 102-87, Note 1.
| |
|
² Except that barns, livestock shelters and other customary agricultural accessory farm buildings and structures shall be located at least 100 feet from any lot line, and barns may have a maximum height of 55 feet. See § 102-61 for additional building height for single-family dwellings.
| |
|
³ See definition.
|
(b)
Lot size averaging.
[1]
Development of a tract is encouraged to be designed according to the principles of lot size averaging in order to preserve major tracts of land for agriculture and/or open space. To determine the number of lots (meaning dwelling units as well) permitted on a tract, the total acreage of the tract being subdivided shall be divided by 10. Any fraction greater than 0.50 shall be rounded up. This number of lots (which includes any existing dwelling units on the tract), plus any bonus lots allowed as set forth below, shall be the maximum number of lots allowed on the tract. These lots may then be designed based on the design principles of lot size averaging where new lots may be as small as 88,000 square feet, provided that one or more large tracts are dedicated to agriculture or open space so that the overall average is maintained. Lots less than 10 acres shall meet the zoning requirements set forth below. In order to encourage developments that will result in large contiguous tracts so as to encourage the continuation of agriculture and/or open space, perpetuate the rural character and minimize the appearance of development, bonus lots shall be permitted as set forth in Table A, Bonus Lots. Note that, pursuant to § 102-86C(3), the conditional uses of churches, libraries, private and public nonprofit day schools of elementary or high school grades and accredited by the New Jersey Department of Education are expressly prohibited on lots resulting from these lot size averaging provisions.
[Amended 8-13-1997; 8-13-2003; 8-14-2013; 12-10-2014]
|
Zoning Requirements for Lots Less Than
10 Acres
| ||
|---|---|---|
|
Type
|
Requirement
| |
|
Minimum lot area
|
88,000 square feet1
| |
|
Maximum lot area
|
200,000 square feet1
| |
|
Minimum lot frontage and width
|
250 feet2
| |
|
Minimum lot depth
|
300 feet
| |
|
Minimum front yard23
|
75 feet
| |
|
Minimum side yard23
|
50 feet
| |
|
Minimum rear yard23
|
50 feet
| |
|
Maximum building height3
|
35 feet
| |
|
Maximum building coverage4
|
10%
| |
|
Maximum lot coverage4
|
20%
| |
|
NOTES:
1Lots less than 10
acres are limited to one detached single-family dwelling with applicable
permitted accessory uses.
2See § 102-87, Note 1.
| ||
|
3Accessory buildings
and structures shall meet the area and setback requirements as set
forth in the A-1 District and in the Schedule of Limitations for the
A-1 District.
| ||
|
4See definition.
| ||
|
Table A
| ||
|---|---|---|
|
Bonus Lots
| ||
|
A.
|
Minimum large tract dedications. The minimum
tract size dedicated for farmland or open space shall be 30 acres.
| |
|
B.
|
Bonus for large tract dedications. Dedicated
tracts less than 30 acres after the subdivision, including any and
all bonus lots, receive no bonus. For large tract dedications of 30
acres or more, bonus lots shall be allowed according to the following
schedule:
| |
|
Size of Tract
(acres)
|
Bonus Lot(s) Allowed
| |
|---|---|---|
|
Less than minimum of 30
|
None
| |
|
30.0 to 49.9
|
1
| |
|
50.0 to 69.9
|
2
| |
|
70.0 to 89.9
|
3
| |
|
90.0 to 109.9
|
4
| |
|
110.0 to 129.9
|
5
| |
|
For each additional 20 acres
|
1 additional
|
|
Table A
| ||
|---|---|---|
|
Bonus Lots
[Amended 8-13-1997] | ||
|
C.
|
Bonus for screening the development from view.
In developments where 30 or more acres are dedicated to open space
and/or agriculture, a maximum of one bonus lot is permitted for the
entire tract when all lots less than 10 acres in size are screened
from view from arterial and collector roads, whether the development
is constructed in one phase or in multiple phases. The purpose is
to maintain the view of such features as farm buildings, woods, pastures,
fields, crops and similar features contributing to the rural character
of Colts Neck. This bonus only applies to developments with frontage
on arterial or collector roads and where all new road locations will
not make existing lots outside the development corner or through lots.
To achieve the desired result all lots less than ten acres in size
must be set back a minimum of 400 feet from an arterial or collector
road. A berm and a 75 foot wide landscape easement shall be placed
on the lots less than 10 acres in size facing the arterial or collector
road. The berm shall have a minimum height of four feet and have a
maximum 5:1 side slope. The berm shall be planted with an all-season
screen consisting of evergreen and deciduous trees. The evergreen
trees shall be a minimum of six feet in height at planting and the
deciduous trees shall be a minimum of 2 1/2 inches in caliper (11
to 12 feet in height) at planting. The landscape screen shall be planted
in groupings of evergreen and deciduous trees. Evergreen tree groupings
shall consist of three to seven trees per group. Deciduous tree groups
shall consist of one canopy tree, and three ornamental trees (six
to eight feet in height, 1 3/4 inch caliper) per group. All trees
(evergreen and deciduous) shall be planted in a double staggered row
20 feet on center. In lieu of this berm, the developer may propose
an alternative design, subject to the satisfaction of the approving
authority, singly or in combination, using existing wooded areas so
that visibility of all lots less than ten acres in size is screened
and the views of the farms and related rural and/or open space characteristics
are the primary view.
| |
|
NOTE: The permitted number of bonus lots is
cumulative. For example, a tract of 150 acres, where 75 acres is deed-restricted
to agriculture (three bonus lots) and all the new homes are screened
from view (one bonus lot), the developer may submit a subdivision
design with up to 19 buildable lots (150 acres at one unit per 10
acres equals 15 lots, plus the four bonus lots).
| ||
[2]
Priority shall be given in the design of the
development to minimize conflicts that can arise between the new housing
and any active agricultural uses, considering such things as placing
any agricultural tracts on the prime agricultural soils and having
access to surface water or groundwater resources for irrigation purposes,
using topography and/or existing wooded area and/or developer-provided
landscaped area to buffer and/or separate any agricultural uses from
nonagricultural uses and retaining large blocks of contiguous acreage.
Easements may be required to protect buffer areas.
[3]
For each lot 30 acres or larger created under these lot size averaging provisions and used to qualify for bonus lots and intended for use other than a single-family dwelling, a site plan sketch plat and a description of intended use shall be provided as part of the application for preliminary major subdivision approval in order to assist the approving authority and the applicant in determining the required spacing and other design criteria for such matters as meeting any required buffer areas under § 102-90, the separation of residential and nonresidential traffic and whether the general design or any specific components of the design should either encourage or discourage the integration of or separation of the abutting uses. Permitted uses on these lots, in addition to single-family dwellings with applicable permitted accessory uses, are limited to golf courses, agriculture and horticulture and/or open space in accordance with the applicable requirements herein.
[4]
A sample deed restriction dedicating the tract(s)
to agricultural or open space shall accompany the application, together
with a sample deed for all single-family lots. The following statement
shall be contained in the deeds for all lots in a subdivision approved
under these lot size averaging provisions [including the remaining
tract(s) dedicated to agricultural or open space] and shall be placed
upon the preliminary plat and on the final subdivision plat that is
filed. The applicant shall furnish a copy of the filed deed conveying
each lot, containing the following clause, to the Township Planning
Board at the time of the conveyance:
[Amended 12-30-1998; 8-14-2013; 5-12-2021 by Ord. No. 2021-9]
|
"This lot was subdivided pursuant to the lot size averaging provisions published in § 102-86F(3)(b) of Chapter 102, Development Regulations, of the Code of Colts Neck Township. The further subdivision, agricultural division of land or divisions of property by testamentary or intestate provisions of this lot which is described herein is prohibited. The use of this lot for places of worship, libraries, private and public day schools of elementary or high school grades accredited by the New Jersey Department of Education is also prohibited. These restrictions shall run with the land described herein and is binding upon any and all heirs, successors and assigns in title from and after the date of this deed and shall be enforceable by the Township of Colts Neck."
|
(c)
Farmland preservation parcels.
[Added 8-18-1999]
[1]
To receive treatment under this section, farmland
preservation property must consist of a lot, tract or parcel of land
with a minimum contiguous acreage of 25 acres.
[2]
The owner of a lot, tract or parcel of land who intends to place a portion of such property meeting the acreage requirements set forth in Subsection F(3)(c)[1] into farmland preservation shall be entitled to subdivide one residential lot from the lot, tract or parcel. The remainder shall be placed in farmland preservation. Use of the subdivided lot shall be limited to a detached single-family dwelling with permitted accessory uses.
[3]
The subdivided residential lot shall meet the
following zoning requirements:
|
Requirement
| ||
|---|---|---|
|
Type
|
Conventional
|
Flag Lot
|
|
Minimum lot area
|
88,000 sq. ft.
|
88,000 sq. ft. plus access lane
|
|
Minimum lot frontage and width
|
250 ft.
|
50 ft. for lane; 250 ft. lot width for portion
of lot used as the house site
|
|
Minimum lot depth
|
300 ft.
|
300 ft. without access lane
|
|
Minimum front yard
|
75 ft.
|
75 ft. without access lane
|
|
Minimum side yard
|
50 ft.
|
50 ft.
|
|
Minimum rear yard
|
50 ft.
|
50 ft.
|
|
Maximum building height
|
35 ft.
|
35 ft.
|
|
Maximum building coverage
|
10%
|
10% excluding access lane
|
|
Maximum lot coverage
|
15%
|
15% excluding access lane
|
[4]
Accessory buildings and structures. Accessory
buildings and structures shall comply with the area, height and setback
requirements set forth for accessory buildings and structures in the
A-1 Zone.
(7)
The winery must be located on the same premises as
a vineyard. The premises must be at least 30 contiguous acres. The
winery shall be subject to the following restrictions:
[Added 12-19-2000]
(a)
All buildings associated with the winery for
the selling, processing, fermenting, bottling and/or barreling of
juices, wine or brandy shall have a minimum front setback of 200 feet,
a minimum side setback of 50 feet, a minimum rear setback of 100 feet
and shall not exceed 35 feet in height.
(b)
The sum of all floor areas for the building
used in the winery for the winery activities, excluding the retail
sales area, shall not exceed a floor area ratio of .035 for the first
five acres of the vineyard. All acreage in excess of five acres will
permit an additional floor area ratio of .02 per acre.
(c)
The maximum lot coverage for a winery shall
not exceed 10%.
G.
Minimum off-street parking (see also § 102-99).
(1)
There shall be three spaces per dwelling unit, except
seasonal farm dwellings shall have an adequate off-street parking
area.
(4)
Horse tracks shall provide and maintain in good condition
and free of grass and weeds improved, gravel-surface parking for the
maximum number of vehicles normally using the facility.[6]
[6]
Editor's Note: Former Subsection G(5), regarding minimum off-street
parking for places of worship, as added 5-25-2005, was repealed 8-11-2021 by Ord. No. 2021-14.
I.
Recyclable material storage. A condition of approval
for all subdivisions shall be that all single-family units constructed
on said subdivision shall provide a storage area of at least 12 square
feet within each dwelling unit to accommodate a four-week accumulation
of mandated recyclable materials (including but not limited to newspaper,
glass bottles, aluminum cans, tin and bimetal cans). The storage area
may be located in the laundry room, garage, basement or kitchen. This
requirement shall be stated on the subdivision plat.[7]
[7]
Editor's Note: Former Subsection J, which
immediately followed this subsection and which pertained to street
and drainage requirements, was repealed 5-25-2005.
[Amended 4-14-1999; 6-9-1999; 11-10-1999; 12-16-2020 by Ord. No. 2020-21; 6-29-2022 by Ord. No. 2022-8]
|
Schedule of Limitations: Residential and
Agricultural
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
District
| |||||||||
|
Type
|
A-1
|
A-2
|
A-3
|
A-4
|
A-5
|
AG
|
A-7
| ||
|
Minimum lot area, interior (square feet)
|
88,000
|
40,000
|
30,000
|
§ 102-85
|
220,000
|
§ 102-86
|
40,000
| ||
|
Minimum lot area, corner (square feet)
|
N/A
|
N/A
|
35,000
|
N/A
|
N/A
|
N/A
|
N/A
| ||
|
Minimum lot frontage
|
300 ft.1
|
200 ft.1
|
150 ft.1
|
§ 102-851
|
400 ft.
|
§ 102-861
|
150 feet
| ||
|
Minimum lot width
|
300 ft.
|
200 ft.
|
150 ft.
|
§ 102-85
|
400 ft.
|
§ 102-86
|
150 feet
| ||
|
Minimum lot depth
|
200 ft.
|
175 ft.
|
150 ft.
|
§ 102-85
|
400 ft.
|
§ 102-86
|
175 feet
| ||
|
Minimum yards
| |||||||||
|
Principal buildings (see definitions in § 102-4)
| |||||||||
|
Front yard
|
75 ft.1
|
75 ft.1
|
75 ft.1
|
§ 102-85
|
75 ft.
|
§ 102-861
|
75 feet
| ||
|
Side yard (each)
|
50 ft.1
|
40 ft.1
|
30 ft.1
|
§ 102-85
|
50 ft.
|
§ 102-861
|
40 feet
| ||
|
Rear yard
|
50 ft.1
|
25 ft.1
|
15 ft.1
|
§ 102-85
|
50 ft.
|
§ 102-861
|
40 feet
| ||
|
Accessory buildings
| |||||||||
|
Front yard
|
100 ft.
|
100 ft.
|
100 ft.
|
§ 102-85
|
100 ft.
|
§ 102-86
|
100 feet
| ||
|
Side yard
|
50 ft./
25 ft.8[1]
|
25 ft.
|
15 ft.
|
§ 102-85
|
50 ft.
|
§ 102-86
|
40 feet
| ||
|
Rear yard
|
50 ft./
25 ft.9[2]
|
25 ft.
|
15 ft.
|
§ 102-85
|
50 ft.
|
§ 102-86
|
40 feet
| ||
|
To another building
|
20 ft.
|
20 ft.
|
20 ft.
|
§ 102-85
|
20 ft.
|
§ 102-86
|
20 feet
| ||
|
For more specific requirements, see § 102-48.
| |||||||||
|
Maximum building coverage
| |||||||||
|
Principal buildings
| |||||||||
|
One-story
|
10%
|
10%
|
10%
|
§ 102-85
|
10%
|
§ 102-86
|
10%
| ||
|
Two-story
|
6.6%
|
6.6%
|
6.6%
|
§ 102-85
|
6.6%
|
§ 102-86
|
6.6%
| ||
|
Accessory buildings
|
5%
|
5%
|
5%
|
§ 102-85
|
5%
|
§ 102-86
|
5%
| ||
|
Maximum lot coverage (see definitions)
|
20%
|
20%
|
30%
|
40%
|
20%
|
§ 102-86
|
20%
| ||
|
Maximum building height
| |||||||||
|
Number of stories
|
2.5
|
2.5
|
2.5
|
§ 102-85
|
2.5
|
§ 102-86
|
2.5
| ||
|
Height
|
35 ft.
|
35 ft.
|
35 ft.
|
§ 102-85
|
35 ft.
|
§ 102-86
|
35 feet
| ||
|
NOTES:
General notes applicable to all categories:
aWhere two or more
requirements apply to a situation, the more stringent requirement
shall apply.
| ||
|
bUnless specifically
stated otherwise in this chapter, the following may be located in
the yard areas required for principal buildings: parking and loading
areas with related aisles and driveways; fences and walls not exceeding
four feet in height; mailboxes, signs, lampposts, flagpoles, wells,
septic systems and similar structures. In addition, the following
parts of a principal building may extend into the required yard areas
up to a maximum of two feet: chimneys, bay windows, eaves, gutters
and downspouts.
[Amended 5-25-2005] | ||
|
cA minimum of 85%
of the minimum required lot area or a minimum of 75,000 square feet,
whichever is smaller, in all zones must be free of wetlands and associated
buffer areas; floodplains; conservation, open space, drainage and
right-of-way easements, landscaping easements, drainage easements,
special water resource protection areas, scenic viewshed boundary
and similar environmental features or encumbrances which restrict
development of the property.
[Amended 5-25-2005] | ||
|
Specific notes applicable where indicated:
| ||
|
1Lot frontage; building
projection.
[Amended 12-29-1999] | ||
|
(a)
|
The lot frontage in any residential zone may be reduced to not less than 75% of the required frontage on those lots abutting streets on an outside curve having a centerline radius of 500 feet or less, provided that the resulting subdivision conforms to good subdivision design practices. In the A-1, A-2, A-5 and AG Zones, if the length of the principal building, projected on the front lot line for building width projection (said line being defined in § 102-4), exceeds 90 feet, the required front, each side and rear yard setback requirements shall be increased one foot for each foot the building projection exceeds 90 feet. In determining whether the principal building projected on the front line for building width projection exceeds 90 feet, the following process shall be utilized:
[Amended 5-25-2005] | |
|
[1]
|
Extend the minimum side yard setback on each
side to intersect the front lot line.
| |
|
[2]
|
Connect the two intersecting points created
by Subsection [1] above with a straight line and extend beyond the
intersection points, as needed, for Subsection [3] below.
| |
|
[3]
|
Project at a 90º angle to the line created
in Subsection [2], a new straight line on each side of
the structure and position it so that it touches the outermost portion
of the structure.
| |
|
[4]
|
Measure at right angles the distance between
the two lines created in Subsection [3] above. This is the length
of the principal building projected on the front lot line.
| |
|
(b)
| ||
|
2Applies to accessory
structures of 150 square feet or less.
| ||
A.
In all developments subject to § 102-77C or the cluster development provisions of this chapter, the approving authority may, depending on the probable volume of bicycle traffic, the development's location in relation to other populated areas, its location with respect to any overall bike route plans for the Township and county, public safety considerations and overall feasibility and practicality, require paved bikepaths within the seventy-five-foot-wide dedicated land strip along existing streets.
B.
Bikepaths should be 6 1/2 feet wide, shall be constructed
in accordance with the requirements for light traffic parking areas
covered in these regulations, shall have the same maximum grade requirements
as is applicable to the street paralleled and shall be equipped with
suitable regulatory signs, and where bikepaths intersect streets,
the curbing shall be ramped for bicycle access to the street grade.
A.
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lot required in
the zoning district by the zoning provisions of this chapter and to
provide for convenient access, circulation control and safety of street
traffic.
B.
In blocks over 1,000 feet long, pedestrian crosswalks
between parallel streets may be required in locations deemed necessary
by the Planning Board. Such walkway dedications shall be 10 feet wide,
shall be straight from street to street and shall contain a hard-surface
sidewalk.
C.
Block size shall be sufficient to meet all area and
yard requirements for such use.
[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 3-14-2001]
A.
Purpose. The purpose of this section is to provide
a method of development of residential land in the A-1 District which
will preserve desirable open spaces, conservation areas, floodplains,
steep slopes, wetlands and park areas for public purposes by permitting
the reduction of lot sizes and certain other regulations, hereinafter
stated, without increasing the number of lots in the total area to
be subdivided.
B.
Standards. Cluster developments may be applied in
accordance with the provisions of this subsection if the Planning
Board finds that the proposed development fulfills each the following
criteria and is therefore eligible for the cluster development option.
The requisite criteria for the cluster development option are as follows:
(1)
The minimum size of a tract or parcel of land proposed
for development under the cluster development provisions of this chapter
shall be 10 acres.
(2)
The maximum number of residential building lots for each cluster development shall first be computed on the basis of a lot yield plan of a standard subdivision in accordance with all provisions of Chapter 102 and which includes delineated wetlands, wetlands buffers and floodplains. The number of conforming approvable lots in the conventional subdivision design shall then be counted and the development may be redesigned using the cluster development regulations so that the same number of lots is created. If there is any question to the suitability of any lot, and hence the number of lots in the cluster development, the final number of lots will be based on an approved preliminary plat using the standard subdivision design.
(3)
Land area equal to a minimum of 40% of the gross area
of the proposed development shall not be included in lots, but shall
be either offered to the Township of Colts Neck for conservation,
open space, wetland and/or floodplain areas, for public purposes or
set aside as common property and maintained by a homeowners' association
as set forth in Part 4. Land utilized for street rights-of-way may
be included as part of the above 40%. All streets within the development
shall be offered to the Township.
(4)
Minimum lot requirements. The minimum lot requirements
for a cluster development shall be as follows:
(a)
Lot size: 55,000 square feet.
(b)
Street frontage: 200 feet, except that a minimum
frontage of 150 feet may be allowed on lots where 75% or more of the
frontage is on an outside curve having a radius of less than 500 feet,
provided that the resulting subdivision conforms to good subdivision
design practices.
(c)
Lot width: 200 feet; lot depth: 200 feet.
(d)
Main building front yard: 75 feet; accessory
building or structure front yard: 100 feet.
[Amended 10-14-2009]
(e)
Main building side yard: 40 feet; accessory
building or structure side yard: 40 feet.
(f)
Main building rear yard: 50 feet; accessory
building or structure rear yard: 40 feet; however, in those cases
where the full length of the rear and/or side lot line is contiguous
to a Township-owned greenway of at least 50 feet in depth and no portion
of said rear or side line is within a perpendicular distance of 150
feet of a Township street right-of-way, an accessory building or structure
may be located within 15 feet of the rear and/or side lot line meeting
the aforementioned requirements.
(g)
If a rear or side line setback of less than 40 feet is utilized, suitable landscaping shall be provided to shield the structure from the rear, and side lot lines direction and drainage shall be controlled so as not to cause flooding or erosion of adjacent property. Under these conditions, the minimum required rear and side line setback requirements of Subsection B in § 102-73, Sight triangle, fences and walls, shall be 15 feet. See § 102-73 for additional restrictions.
(6)
The lands offered to the Township shall meet the following
requirements:
(a)
The minimum size of each parcel so dedicated
shall be four acres. This requirement may be waived if the approving
authority determines that by doing so, in particular case, the Township's
best interest would be served.
(b)
Every parcel of land so dedicated on a subdivision plat of a cluster development shall be titled "greenway" and shall be conveyed to the Township, free of any liens of any nature, at the time final approval is granted by the Township to the final subdivision plat and, each parcel so dedicated shall have the following wording written on the plat "Lands dedicated to the Township of Colts Neck for conservation, open space, wetlands and floodplains under the cluster development provisions of the Chapter 102, Development Regulations, of the Code of the Township of Colts Neck."
(c)
The basic requirement is to have the greenway
be contiguous to the rear and, where applicable, side lines of all
lots in the cluster subdivision. However, the Board may waive this
requirement in part and alternatively require that a maximum of 50%
of the lots have rear or applicable side lot lines bounded by a fifty-foot-wide
conservation, open space, drainage and utility right-of-way easement
or landscaping easement which shall be marked, monumented and landscaped
in the same manner as dedicated lands, if the Board finds that it
may be impracticable or undesirable to have all lots abut a greenway.
The lands subject to such an easement for this specific purpose may
be used to fulfill the greenway dedication requirement; however, the
fact that more lots can be obtained in a tract is not sufficient justification
to allow alternative easement dedication. In these cases, setbacks
shall be measured from the easement line and such setbacks shall be
shown on the plats.
(d)
To be acceptable, the lands offered for greenways
shall preserve substantial mature wooded areas, areas of steep slopes,
drainageways, stream beds and banks, ponds and banks, wetlands and
floodplains and/or otherwise shall preserve substantial desired natural
features, scenic views or areas of conservation or environmental importance,
as well as provide buffers between homes, developments and streets.
The developer may be required to plant shrubs and trees or make other
similar landscaping improvements in order to provide an all-season
buffer for adjacent properties and homes to the extent practicable
and to qualify open land for acceptance by the Township.
(e)
The greenway dedication shall be subject to
acceptance and approval by the Township approving authority. The authority,
in its review and evaluation of the suitability of such land, shall
be guided by the Master Plan of the Township of Colts Neck and the
following criteria:
[1]
All greenway dedications shall be immediately
adjacent to existing greenway lots or public lands owned by the federal,
state, county or local government; or be immediately adjacent to underdeveloped
properties that could be further subdivided pursuant to the cluster
option and would interconnect the greenway lots.
[2]
Greenway dedications should include areas of
steep slopes, freshwater wetlands, mature woodlands, floodplains or
other natural feature, such as scenic views.
[3]
All greenway dedications shall not result in
a narrow band of land, less than 50 feet in width, which will have
limited utility for screening the development, preserving natural
features, and serving as open space or wildlife corridors.
[4]
The Board may require the greenway dedications
to interconnect existing developments with pedestrian, bicycle or
equestrian trails.
(f)
The proposed roads within the cluster development
shall not interconnect with existing or proposed roads in a manner
forming continuous or through roads.
(g)
The proposed roads within the cluster development
shall be designed to discourage any high-speed traffic, shall have
the exclusive function of providing access to properties abutting
the road and shall follow the contours of the land to the greatest
extent possible.
(h)
The lands so dedicated shall be monumented at
all intersections with existing and proposed street lines in the same
manner as required by the Map Filing Law (N.J.S.A. 46:23-9.12, as
amended). Intersection with all side and rear lot lines and at all
major deflection points shall be marked with greenway-type monuments
consisting of concrete posts or equivalent, as approved by the Planning
Board, which are a minimum of five inches square or four inches in
diameter, are set a minimum of four feet into the ground and extend
above the ground a minimum of four feet and are green in color. Such
monuments shall be at a maximum spacing of 600 feet. In addition,
all greenway lot line boundaries shall be fenced with a wood, two-rail
fence or equivalent as approved by the approving authority. Also,
supplemental markers shall be installed along all greenway and aforementioned
easement lines internal to the development where construction, grading
or construction traffic may encroach on such areas. All of the above
are to be installed prior to the issuance of any construction permits
or the start of any site preparation, construction or landscaping
work and are to be maintained until the maintenance bond is released.
(7)
All other provisions of this chapter which are applicable to lands in the A-1 District and which have not been specifically modified in this subsection shall also apply to lands developed under this section. This includes, but is not limited to, all of those standards set forth is § 102-87, Schedule of limitations and requirements applicable to each zone, along with the notes to that schedule contained therein.
[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.[1] Permitted products from other qualified farms in Colts
Neck may be sold at a stand on another qualified farm, both of which
are owned or operated by the same farm stand operator.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
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.
(g)
Gate houses.
(h)
One midcourse refreshment stand with a maximum
gross floor area of 300 square feet.
(i)
Practice greens, bunkers, chipping areas and
driving ranges which are an integral part of the golf course, open
only to persons playing the eighteen-hole course, members and guests
accompanying members.
(j)
No temporary structures, such as tents, are
permitted, unless approved under a special use permit.
(k)
One driving range building having a maximum
gross floor area of 150 square feet.
(l)
A maximum of two starter buildings having a
maximum gross floor area of 50 square feet each.
(4)
Parking.
(a)
All patrons' of the golf course, members' and
their guests' and/or employees' vehicles must be parked in approved,
designated, paved parking spaces, unless otherwise stated herein.
Applicants shall grant the Colts Neck Township Police the right to
enter the premises and enforce these parking requirements. Off-street
parking requirements for the golf course and employees shall be as
follows:
(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:
(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.
[1]
Editor's Note: Former § 102-94,
Private helistops, was repealed 9-29-1999.
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.
A.
Lot dimensions and area shall not be less than the
requirements of the zoning provisions of this chapter.
B.
Insofar as is practical, side lot lines shall not
deviate more than 10º from either the right angle of a straight
street or the radial of a curved street.
C.
Each lot must front upon an approved public street
having a right-of-way at least 50 feet in width.
D.
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such new street right-of-way
line, and all setbacks shall be measured from such line. Where extra
width has not been dedicated for street widening purposes and the
additional width is required to meet this chapter, the adopted Township
Master Plan, county design standards or the adopted Route 34, Colts
Neck, Highway Access Management Plan, said future right-of-way shall
be shown on the subdivision or site plan as "reserved for future road
purposes," even though not dedicated, and such future right-of-way
line shall be used for measuring all lot area and setback requirements.
[Amended 8-13-1997]
E.
Where there is a question as to the suitability of
a lot or lots for their intended use, due to factors such as poor
drainage conditions, inadequate buildable area, adverse topographical
conditions, wetlands or flood conditions, where permeability and/or
similar tests or test borings show the ground conditions to be inadequate
for proper sewage disposal for on-lot sewage treatment or similar
circumstances, the approving authority may, after adequate investigation,
withhold approval of such lots. If approval is withheld, the approving
authority shall give reasons and nature of the investigation made,
notify the applicant and enter the same in the minutes.
F.
Corner lots. Structures located on a corner lot shall
be set back from both streets the required front yard distance, but
in no case less than that required for a clear sight triangle. The
following methodology shall be used to determine side and rear setback
lines for corner lots:
[Amended 5-25-2005]
(1)
Lot lines of corner lots that are coexistent with
side lines of abutting lots shall be considered side lines.
(2)
Lot lines of corner lots that are coexistent with
rear lines of abutting lots shall be considered rear lines.
(3)
Lot lines of corner lots that are coexistent with
lot lines of adjoining corner lots shall be considered side lines.
H.
Contiguous undersized lots under one ownership are
considered one lot.
[Amended 10-8-1997]
A.
Purpose. The purpose of these provisions is to provide
opportunities for lower-income housing in the A-4 District in order
to fulfill the Township's responsibility up to its fair share of the
region's lower-income housing need and up to the additional number
of market-level units required to provide the financial assistance
to provide the lower-income units. The application of the higher densities
and the development of additional dwelling units in excess of this
obligation are not intended.
B.
Required participation.
(1)
Any developer of any land in the A-4 District shall
have the responsibility to provide at least 20% of the units in the
development for lower-income households as a means of participating
in the Township's efforts to provide its fair share of lower-income
housing. However, each such A-4 tract in existence as of October 1,
1984, may have no more than two lots, with a maximum area of 10% of
the total tract, subdivided off the original tract without the production
of lower-income housing, provided that the lower-income housing obligation
of those lots is added to the obligation of the remainder of the tract.
Subdivision and site plan approval of properties in the A-4 District
shall be denied unless the developer complies with the obligation
to provide lower-income housing pursuant to this section, and the
approving authority may impose reasonable conditions to secure such
undertaking.
(2)
In order to prevent the bonus densities from inflating
land costs that might be passed on to a third party and hereby jeopardizing
the number of lower-income units that might be built, when the intent
of the bonuses is to subsidize the development of lower-income housing,
no application for development in the A-4 District shall be approved
unless the approving authority resolution granting approval contains
a condition that the requirements for low- and/or moderate-income
housing units shall be binding upon the applicant and all heirs, successors
and assigns.
(3)
Each unit constructed as a lower-income unit shall
be either sold or rented at prices qualifying the units as affordable
to lower-income households in accordance with the most recent family
income limits adopted by the New Jersey Council of Affordable Housing
for the Township's housing region. Each such unit shall be limited
to occupancy by households by virtue of their corresponding low and
moderate income.
(a)
Eligibility standards for housing units. One
half of all lower-income units shall be priced so as to be eligible
for rent or purchase by low-income households earning between a floor
of 40% and a ceiling of 50% of the median family income, and 1/2 of
all lower-income units shall be priced to be eligible for rent or
purchase by moderate-income households earning between a floor of
50% and a ceiling of 80% of the median family income. Such housing
units shall be priced to be affordable to households representing
an evenly distributed cross section of households within the above-stated
income ranges.
(b)
Unit distribution by size. A minimum of 15%
of the lower-income units shall be three-bedroom units and a minimum
of 35% shall be two-bedroom units. The remaining 50% may be sized
at the developer's discretion. These distribution requirements are
not applicable to lower-income housing which is restricted to occupancy
by persons age 62 and over.
(c)
Unit size, household size and affordability.
Units shall be affordable to the following household sizes:
|
Type
|
Size of Household
| |
|---|---|---|
|
Efficiency units
|
1 person household
| |
|
1 bedroom unit
|
2 person household
| |
|
2 bedroom unit
|
3 person household
| |
|
3 bedroom unit
|
5 person household
| |
|
4 bedroom unit
|
7 person household
|
(4)
Where the lower-income units are constructed as part
of a housing development containing both market-level and lower-income
units, certificates of occupancy for the low- and moderate-income
units shall be phased in as a development progresses as outlined below
so that the low- and moderate-income units are built and occupied
proportionately with the market-value units of the development.
|
Percent of Market-Rate Units Issued Certificates
of Occupancy
|
Minimum Percent of Low- and Moderate-Income
Units Issued Certificates of Occupancy
| |
|---|---|---|
|
Up to 15%
|
0%
| |
|
15% plus 1 to 25%
|
10%
| |
|
25% plus 1 to 50%
|
40%
| |
|
50% plus 1 to 75%
|
70%
| |
|
75% plus 1 to 90%
|
100%
| |
|
90% plus 1 to 100%
|
NA
|
C.
Density bonuses. In order to achieve the requirements
for lower-income housing, density bonuses are included in the appropriate
zoning district requirements.
D.
Monitoring costs of lower-income housing
(1)
Each development project containing lower-income housing
shall include in its development application assurance that purchasers
and renters of lower-income housing shall qualify by income for the
particular category of housing, whether low- or moderate-income, as
the case may be, and that subsequent purchasers or renters shall also
so qualify by income, adjusted for the date of any such subsequent
transactions. The subdivision and/or site plan of property in the
A-4 District shall not be approved unless the development complies
with the requirements to provide lower-income housing.
(2)
The period for control of the income category of the
purchaser or renter, along with standards governing annual indexed
increases, procedures for resale, eligible capital improvements and
the impact of foreclosure or resale shall be in accordance with regulation
set forth by the Council on Affordable Housing. After the period of
affordability expires, the units may be sold to any purchaser without
price controls, provided that in the case of the first sale after
the expiration of the controls, 50% of the difference between the
sales price or the fair market value of the unit, whichever is greater,
and the restricted sales price which could have been obtained by a
qualified purchaser in the month before the resale controls ended
shall be paid to the Township, to be used for any legitimate purpose
that assists in rehabilitating, maintaining, erecting or meeting some
other legitimate housing program for low- and moderate-income households.
(3)
No lower-income housing unit may, during the period of control specified in Subsection D(2) hereof, be occupied unless a certificate of occupancy is issued. No certificate of occupancy shall be issued unless the unit is covered by a deed or lease restriction, as the case may be, as required by Subsection D(5), and the Office of the Township Administrator has determined that the proposed occupant qualifies by gross household income with the lower-income criteria fixed by this chapter and the Council on Affordable Housing.
(4)
In addition to complying with the eligibility standards for housing units and the required unit distribution by size as set forth in § 102-97B(3) above, the maximum monthly cost of a lower-income sale housing unit to the occupant shall not exceed the percentage of the eligible gross monthly income of the household, as currently established by the Council on Affordable Housing, for principal, interest, taxes, condominium fees and insurance. The monthly cost of a lower-income rental unit shall not exceed the percentage of the eligible gross monthly income of the household as currently established by the Council on Affordable Housing for rent excluding utilities.
(5)
Upon the initial sale or lease of any lower-income
unit, the deed or lease shall contain a covenant, running to the Township
of Colts Neck, that the unit shall not, for the period of affordability
controls, be conveyed or leased or be permitted to be occupied by
any household not qualified by income or, at a price or rental in
excess of that specified by this chapter, adjusted for the date of
the transaction as provided in the regulation of the Council on Affordable
Housing or not in full conformance with all requirements of this section.
(6)
The Office of the Township Administrator shall have responsibility for enforcing the income, sales and rent limits for lower-income housing fixed by this chapter. All applications for lower-income housing shall be submitted to the Office of the Township Administrator for approval of income, sales, resales, rents, re-rents and subletting limits for the unit, as adjusted in accordance with Subsection D(5) above and for meeting all requirements of this section.
(7)
Failure of a developer to comply with any of the requirements
of this section shall be cause for denial of certificates of occupancy
to market-level units in the development for which such certificates
have not already been granted.
(8)
Rents may be increased annually based on the percentage
of increase in median income for the Township’s housing region
as determined by the Council on Affordable Housing.
E.
Bulk and design requirements.
(1)
The total number and size of units and the portion
of lower-income units in a project shall be based on the density and
design requirements of the A-4 District.
(2)
The lower-income dwelling units shall be designated
on the preliminary site plan, shall have compatible exteriors to the
market units and shall be located so that they have comparable access
to that of the market units to all common open space and all other
community facilities within the development.
F.
Subsidies. Government subsidies may be used at the
discretion of the applicant and are encouraged. The Township shall
cooperate in obtaining such subsidies by making application for assistance
either in consent with or on behalf of a private developer, if requested
to do so, and by providing a resolution of need and authorization
of tax abatement, where required, to facilitate obtaining such subsidies.
The lack of said subsidies shall no way alter or diminish the lower-income
housing requirements of this chapter.
G.
Rental housing and down payment assistance.
(1)
At least 25% of the required number of low- and moderate-income
units shall be rental units for the period of affordability control.
The developer shall ensure that 50% of said rental units shall be
provided for low-income households and 50% for moderate-income households.
Moreover, the bedroom mix of the low- and moderate-income rental units
shall be substantially the same as that of the entire complement of
lower-income housing in the development.
(2)
Upon proofs submitted by the applicant that low- and
moderate-income housing units are more likely to be produced by the
waiver of the rental requirement set forth above, the approving authority
shall permit the applicant to provide only sale units; provided, however,
that the applicant shall make available a sum of money to serve as
a fund to assist low-income households in the purchase of a dwelling
unit within the development. The sum of money to be made available
by the applicant to the Township shall be equivalent to the required
down payment for the available mortgage financing, at time of closing,
for 50% of all the low-income units in the development.
[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[1] is intended to assure that very-low-, low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that very-low-, low- and moderate-income households
shall occupy these units. This ordinance shall apply to all inclusionary
developments and 100% affordable developments (including those funded
with low-income housing tax credit financing) except where inconsistent
with applicable law.
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:
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.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
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.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
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.
A housing development all or a portion of which consists
of restricted units.
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.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:93, and/or funded through an affordable housing
trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that 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.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living 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.
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.
A household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
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.).
The State of New Jersey Department of Community Affairs.
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.
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.
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.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.
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).
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.
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.
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.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by COAH or approved by the NJ Superior Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by adopted/approved regional income limits.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or 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.
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.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for 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:
(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:
(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.
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.
(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,[2] despite the occurrence of any of the following events:
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.
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:
(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;
(2)
Affirmative marketing;
(3)
Household certification;
(4)
Affordability controls;
(5)
Records retention;
(6)
Resale and rerental;
(7)
Processing requests from unit owners; and
(8)
Enforcement, although the ultimate responsibility for retaining
controls on the units rests with the municipality.
(9)
The Administrative Agent shall, as delegated by the Township
Mayor and Council, have the authority to take all actions necessary
and appropriate to carry out its responsibilities, hereunder.
[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[1] 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.
A.
Carports and garages. No carports are permitted in
the A-1 District. All detached single-family dwellings in the A-1
District shall have a two-car garage, attached to or detached from
the principal building, having a minimum area of 500 square feet and
shall provide a driveway connecting the garage to the adjacent street,
constructed in accordance with the requirements of the Uniform Construction
Code Act[1] and the regulations adopted pursuant thereto.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
B.
Landscaping. For lots in residential zones containing
other than a single-family dwelling use, all-season screen planting
of a dense evergreen material not less than four feet in height shall
be provided between off-street parking areas and any lot line or street
line and such planting shall be located within 15 feet of the edge
of the parking areas. In lieu of screen planting, a fence of woven
lattice, wooded louvre-type of split cedar fence with a maximum of
three-fourths-inch spacing or any combination of plantings and fences
may be provided and shall be not less than four feet or not more than
six feet in height, maintained in good condition and without advertising.
All fences shall be landscaped.
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.
B.
The minimum lot size shall be 10 acres.
C.
All activities and uses shall be conducted on contiguous
lands owned or leased by the owner/operator.
D.
No show permit or site plan approval is required.
E.
Adequate off-street parking shall be provided for
all activities related to the stables operation. The parking area
shall be well drained and shall be well maintained.
F.
Private horse shows are permitted, subject to the
following requirements:
(1)
Horse shows shall be limited to utilizing horses stabled
on site for a fee for a minimum of 30 consecutive days and ridden
by their owner or agents.
(2)
Shows shall not be open to the public.
(3)
No additional signs are permitted.
(4)
No sound-amplifying equipment shall be used.
(5)
Adequate off-street parking shall be provided; no
parking in street right-of-way is permitted.
(6)
Shows shall be limited to daylight hours.
(7)
If any structures are to be erected for shows or if
food or beverages are to be provided, local building/construction
and Board of Health requirements must be met.
G.
Minor site plan approval is required for outdoor lighting
installations. Outdoor lighting will be permitted if shown on an approved
plan on the following conditions:
[Added 12-29-1999]
(1)
Lights are installed no higher than 15 feet from ground
level.
(2)
Lights are shielded and deflected to illuminate property
and no adjoining properties are adversely affected thereby.
(3)
No exterior lighting, other than for security purposes,
shall be utilized between the hours of 10:00 p.m. and 6:00 a.m.
(4)
Lighting is to be utilized for training purposes only.
B.
The minimum lot size shall be 25 acres.
C.
All activities and uses shall be conducted on contiguous
lands owned or leased by the owner/agent.
D.
Minor site plan approval is required. Outdoor lighting
will be permitted if shown on an approved plan on the following conditions:
[Amended 12-29-1999]
(1)
Lights are installed no higher than 15 feet from ground
level.
(2)
Lights are shielded and deflected to illuminate only
the subject property and no adjoining properties are adversely affected
thereby.
(3)
No exterior lighting, other than for security purposes,
shall be utilized between the hours of 10:00 p.m. and 6:00 a.m.
(4)
Lighting is to be utilized for training purposes only.
E.
Adequate, improved off-street parking area is required
for nonshow activities of the owner/operator and of the owner of stabled
horses and for students. Parking areas shall be well drained, constructed
of stone and well maintained.
F.
Private shows are permitted subject to the following
requirements:
(1)
Participation in shows shall be limited to utilizing
horses owned by the farm owner/operator or horses stabled or to be
stabled on site for a minimum of 30 consecutive days. Show participants
shall be limited to the owner/operator and their agents and to the
owner of qualifying stabled horses and their agents and to students
actively taking instructions at the stable.
(2)
Shows shall not be open to the public.
(3)
No sound-amplifying equipment shall be used.
(4)
Adequate parking area shall be provided to handle
expected show needs. No parking in the street right-of-way is permitted.
(5)
No additional signs are permitted.
(6)
Shows shall be limited to daylight hours.
(7)
If any structures are to be erected for shows or if
food or beverages are to be provided, local building/construction
and Board of Health requirements must be met.
(8)
A show permit is required for shows. Said permit is
to be issued by the Township Administrator for a fee. The applicant
is required in the application to define the activities to be conducted,
the expected number of horses and people involved and the date, time
and duration of the show; and to demonstrate that adequate parking
is to be provided; and to detail other measures to be taken to limit
undesirable effects on the neighborhood to the satisfaction of the
Township Administrator and Director of Public Safety.
(9)
A limit of two shows per year, per farm, is permitted.
B.
The minimum lot size shall be 50 acres.
C.
All activities and uses shall be conducted on contiguous
lands owned or leased by the owner/operator.
D.
Minor site plan approval is required. Outdoor lighting
will be permitted if shown on an approved plan on the following conditions:
[Amended 12-29-1999]
(1)
Lights are installed no higher than 15 feet from ground
level.
(2)
Lights are shielded and deflected to illuminate only
the subject property and no adjoining properties are adversely affected
thereby.
(3)
No exterior lighting, other than for security purposes,
shall be utilized between the hours of 10:00 p.m. and 6:00 a.m.
(4)
Lighting is to be utilized for training purposes only.
E.
Adequate, improved off-street parking area is required
for nonshow activities of the owner/operator and the owners of stabled
horses and for students. The parking area shall be well drained, constructed
of stone and well maintained.
F.
Public shows are permitted subject to the following
requirements:
(1)
There shall be no restrictions on the origin of horses
or participants.
(2)
Shows may be open to the public.
(3)
Sound-amplifying equipment may be used, provided that
it is used in such a manner so as not to constitute a public nuisance.
(4)
Adequate parking area shall be provided to handle
expected show needs. No parking in the street right-of-way is permitted.
(5)
One additional four-foot-by-eight-foot double-sided
sign or two four-foot-by-eight-foot single-sided signs located on
site advertising the show may be provided for a maximum of two weeks
prior to and on the show date. Traffic control signs are also permitted.
Details of signs and location must be submitted as part of show permit
application.
(6)
Shows shall be limited to daylight hours.
(7)
Sanitation facilities are to be provided and approved
by the Health Officer.
(8)
If any structures are to be erected for shows or if
food or beverages are to be provided, local building/construction
and Board of Health requirements must be met.
(9)
A show permit is required for shows. Said permit is
to be issued by the Township Administrator for a fee. The applicant
is required in the application to define the activities to be conducted,
the expected number of horses and people involved and the date, time
and duration of show; and to demonstrate that adequate parking is
to be provided; and to detail other measures to be taken to limit
undesirable effects on the neighborhood to the satisfaction of the
Township Administrator and Director of Public Safety. The Director
of Public Safety may require the applicant to provide qualified traffic
control personnel.
(10)
A limit of two shows per year, per farm, is
permitted.
(11)
American Horse Show Association (AHSA) type
shows are permitted; horse races, steeple horses and similar activities
are prohibited.
[Amended 12-29-1999]
A.
It is the purpose of these regulations that construction
on steep slopes which will result in erosion, drainage, access and
traffic problems shall be avoided wherever possible.
B.
The Planning/Zoning Board may permit certain construction
on steep slopes, subject to the submission of detailed plans and the
provisions contained herein.
C.
For the purpose of this section, "construction" shall
be defined as any disturbance of land, including but not limited to
buildings, streets, paving, grading, excavation, fill, parking areas,
drainage structures and stripping of vegetation.
D.
Within any residential subdivision or site plan, construction
on steep slopes of 15% or more shall be restricted as follows:
(1)
For steep slopes of 15% but less than 25%, a maximum
of 30% of the total area in this slope category may be disturbed for
construction.
(2)
For steep slopes of 25% or greater, disturbance shall
only be permitted where the applicant demonstrates that each disturbance
is essential to the reasonable use of the property.
A.
All signs, except temporary real estate signs, require approval from the approving authority unless specifically exempted by other provisions of this chapter. Modification or relocation of existing signs requires approval of the Zoning Officer and/or Code Enforcement Officer. The Planning Board shall submit all applications for sign approval to the Architectural Review Committee pursuant to Chapter 2, Architectural Review Committee, and more specifically §§ 2-4, 2-5, and 2-6.
[Amended 11-10-1999; 10-14-2020 by Ord. No. 2020-18]
B.
Outdoor signs. Except for seasonal decorations, as
covered herein, billboards, balloons or air- or gas-filled object
or sign pictures of products or services or other structures for advertising
or display purposes shall not be erected or utilized in any zone except
as specifically allowed in this chapter. No sign of any type shall
be permitted to obstruct driving vision, traffic signals or traffic
direction and identification signs. Signs shall be directly related
to the business being conducted on the premises.
(1)
Animated flashing and illusionary façade or
freestanding signs and balloons or gas- or air-filled objects or signs
using mechanical, electrical and/or other means or devices to display
flashing, movement or the illusion of movement are prohibited.
[Amended 10-14-2020 by Ord. No. 2020-18]
(2)
Height. No freestanding or attached sign shall exceed
the maximum height provided in the Zoning district. In any event,
no sign shall exceed any lesser height if specified elsewhere in this
chapter and shall not be mounted on the roof of the building if it
is attached to a building.
[Amended 10-14-2020 by Ord. No. 2020-18]
(3)
Illuminated freestanding and facade signs, where permitted,
may be externally illuminated between 6:00 a.m. and 10:00 p.m. and
so arranged as to reflect the light and glare away from adjoining
premises in any residential zoning district and away from adjoining
streets not to interfere with any motorist's visibility or general
vehicular traffic. All signs may be externally illuminated with said
lights a maximum distance of six feet from the sign.
[Amended 11-10-1999; 7-9-2008; 10-14-2020 by Ord. No. 2020-18]
(4)
Maintenance. Signs must be constructed of durable
materials, preferably wood, maintained in good condition and not allowed
to become dilapidated.
[Amended 11-10-1999]
(5)
Real estate signs temporarily advertising the sale,
rental or lease of the premises or portion thereof shall be, if not
attached to the building, set back at least 10 feet horizontally from
the street curbline or edge of pavement. There shall be no more than
one sign per property, except that corner lots shall be entitled to
two signs per such lot. Such signs shall not exceed four square feet
on each side and shall not be more than four feet high and shall be
removed at the expense of the advertiser immediately upon termination
or completion of the matter of business being advertised. All such
signs do not need a sign permit or site plan approval.
[Amended 11-10-1999; 10-14-2020 by Ord. No. 2020-18]
(6)
Sign area shall be measured around the outside edges
of a framed or enclosed sign or by the area utilized by isolated words
and/or symbols, including the background, but said area shall not
include any supporting framework and bracing incidental to the display
itself. Freestanding signs may carry advertising or displays on a
maximum of two sides.
[Amended 11-10-1999]
(7)
Farm signs identifying the name of the farm shall
not exceed 12 square feet on each side, shall not exceed eight feet
in height, may be externally illuminated and shall be located no closer
than 10 feet from the existing curbed or paved roadway.
[Amended 11-10-1999; 7-9-2008]
(9)
Signs advertising a new major subdivision. For the
purposes of this section, a sign shall not be constructed of masonary,
brick, concrete, stone or other similar materials nor shall it give
the appearance of being a wall, fence or similar barrier.
[Amended 11-10-1999; 8-30-2000]
(a)
A new major subdivision or site may have a maximum
of two temporary signs, with a combined maximum of 32 square feet
of sign area total per development. The sign shall not exceed a height
of eight feet and shall not be illuminated. Sign approval must be
obtained as part of the subdivision or site plan approval or as a
freestanding sign not included in a subdivision or site plan approval.
The approval shall limit the sign life to the period that the development
is covered by a performance bond. The Planning Board may extend this
interval for good cause. No sign shall be erected until preliminary
Planning Board approval thereof. Such signs shall be kept in good
repair and shall be located on the site where construction is taking
place.
(b)
No signs indicating or displaying directions
to a new subdivision shall be erected, temporarily or otherwise.
(c)
All signs erected in connection with a developing
subdivision shall be removed immediately upon the sale of the final
lot in the subdivision, unless approved by the Planning Board.
(d)
Erecting or displaying signs advertising banks
or other financial funding institutions or sources is prohibited.
(10)
Garage sale, yard sale, estate sale signs. Any
sign advertising a garage, yard, estate or other similar sale shall
not be erected sooner than one day prior to the sale and must be removed
no later than one day following the sale's end. All such signs shall
be no larger than three square feet. No such sign shall be placed
on any utility pole, street sign, trees or fences. No one residence
or organization shall conduct more than two such sales per year. A
sign permit shall not be required for the posting of such signs. The
enforcement officer shall be responsible for enforcing these provisions.
[Added 11-10-1999]
(11)
Political signs. No sign permit is required
for a sign reflecting or endorsing political views or political candidates.
No such sign shall exceed 32 square feet. Any sign advertising for
any federal, state, local or school board elections shall not be erected
sooner than 30 days prior to said election and shall be removed not
more than 7 days after said election unless otherwise provided by
federal or state law or legislation.
[Added 11-10-1999]
(12)
Charitable events. Signs of this sort may be
erected up to 21 days prior to the advertised charitable event. Signs
of this sort shall not exceed 32 square feet and are to be installed
at least 10 feet from the curbline or paved street. These signs must
be erected on property owned or leased by the sponsoring agency or
upon other property with written permission from the property owner.
A sign permit is not required for this type of sign. Signs of this
type must be removed within three days of the event.
[Added 11-10-1999]
C.
Outdoor seasonal decorations. Display of seasonal
decorations are exempt from sign requirements and do not require approving
authority approval but shall meet the following requirements:
[Amended 11-10-1999; 10-14-2020 by Ord. No. 2020-18]
(1)
Seasonal decorations, exempt from sign ordinance requirements,
are permitted for holidays which customarily involve seasonal theme
decorations.
(2)
Height. The maximum height of all seasonal decorations shall
be 35 feet. This shall include helium balloons and other airborne
types of displays.
(3)
Seasonal decorations display period shall not exceed 31 days.
D.
Indoor signs. One nonblinking or flashing internally
illuminated or neon type sign containing a maximum area of three square
feet is allowed in a window of a commercial establishment. All other
illuminated signs or flashing lights within a structure or building
are allowed only if they are not plainly visible outside the structure
to the general public when 100 feet or more from any part of the structure.
[Amended 11-10-1999; 10-14-2020 by Ord. No. 2020-18]
E.
Sign removal. The Township of Colts Neck retains the
right to remove all illegal signs from any state, county
or local streets, street signs, public property or utility poles.
[Added 11-10-1999]
F.
Public property. Permission to place any temporary
sign on Township-owned property shall be granted on an individual
basis, upon written request to the Township Committee. No such request
shall be granted where such a sign shall pose a health and safety
hazard, obstruct the safe passage of the public through public places
or otherwise obstruct the view of streets.
[Added 11-10-1999]
A.
No building or structure shall hereafter be erected,
constructed, placed, altered or enlarged in any residence zone which
shall be like any neighboring building then in existence or for which
a construction permit has been issued or which is included in the
same construction permit application in more than one of the following
respects:
(1)
The design or style of the roof.
(2)
The length of the front elevation, measured between
the ends of the building or structure, at the first floor elevation.
(3)
The relative location of windows in the front elevation
with respect to each other and with respect to any door, chimney,
porch or attached garage in the same elevation.
(4)
The relative location of the garage, if attached,
porch, if any, and the remainder of the building or structure, in
the front elevation, with respect to each other.
(5)
The type or kind of materials used in the outside
wall construction in the front elevations.
B.
Buildings or structures shall be deemed to be like each other in respect to Subsection A(2) above if the difference in the length of the front elevation is less than eight feet. Buildings or structures between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be like each other in these respects.
A.
Private residential swimming pools shall be installed
only on lots containing a residence with the pool as an accessory
use to the residence. The pool shall meet the yard requirements for
an accessory building in the district in which it is located, except
that if the pool is located in the front yard, the pool shall be set
back twice the distance from the street line that is required for
the principal building. A pool shall occupy no more than the equivalent
of 75% of the yard area in which it is located.
B.
Pools installed by a homeowners' association shall
have its membership limited to residents and guests of residents in
the development served by the association. The pool shall be on a
lot of at least one acre, but of sufficient larger size if necessary
so the pool, adjoining apron, off-street parking and accessory service
buildings occupy no more than 50% of the lot area.
C.
No portion of the pool, apron or service building
shall be closer than 200 feet to the nearest residential building.
Access to the pool complex shall be provided via bikeway/pedestrian
paths, as well as street(s). Off-street parking shall be for 10 or
more cars. The final parking lot size will be determined at site plan
review, based on the ease of nonstreet access, the size of residential
development and proximity of the pool to most residences.
