[Amended 3-18-2002 by Ord. No. O-02-7; 10-20-2003 by Ord. No.
O-03-37; 4-24-2007 by Ord. No. O-07-13; 3-20-2007 by Ord. No.
O-07-9; 4-24-2007 by Ord. No. O-07-10; 5-1-2007 by Ord. No. O-07-12; 7-17-2007 by Ord. No. O-07-23; 10-16-2007 by Ord. No. O-07-40; 3-24-2009 by Ord. No. O-09-10; 7-14-2009 by Ord. No. O-09-36; 3-19-2013 by Ord. No. O-13-06; 7-18-2017 by Ord. No. O-17-11; 11-12-2019 by Ord. No. O-19-52; 11-12-2019 by Ord. No. O-19-53; 11-12-2019 by Ord. No. O-19-54; 9-13-2022 by Ord. No. O-22-47; 12-12-2023 by Ord. No. 23-36]
For the purpose of this chapter the Township
of Howell is hereby divided into 36 zones, as follows:
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Agricultural Rural Estate 6
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(ARE-6)
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Agricultural Rural Estate 4
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(ARE-4)
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Agricultural Rural Estate 3
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(ARE-3)
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Agricultural Rural Estate 2
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(ARE-2)
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Agricultural Rural Estate 1
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(ARE-1)
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Agricultural Rural Estate/Natural Resource Protection
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(ARE-C)
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Residential 2
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(R-2)
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Residential 3
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(R-3)
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Residential 4
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(R-4)
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Residential Age Restricted
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(R-5)
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Residential 6
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(R-6)
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Residential 50
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(R-50)
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Mobile Home Park
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(MHP)
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Neighborhood Commercial
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(NC)
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Highway Commercial
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(HC)
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Highway Development 1
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(HD-1)
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Highway Development 1 South
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(HD-1S)
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Highway Development 2
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(HD-2)
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Highway Development 3
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(HD-3)
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Highway Development 4
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HD-4
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Recreational-Residential Community
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(RRC)
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Land Conservation/Open Space
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(LC/OS)
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Moderate- and Low-Income Housing
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(ML7)
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Moderate- and Low-Income Housing Zone 8
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(ML8)
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Moderate- and Low-Income Housing Zone 12
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(ML-12)
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Moderate- and Low-Income Housing Zone 13
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(ML-13)
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Moderate- and Low-Income Housing Zone 14
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(ML-14)
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Agricultural Rural Estate/Natural Resource Wilderness
Protection Zone
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(ARE-NRW)
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Special Economic Development
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(SED)
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Special Economic Development - 1
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(SED-1)
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Special Economic Development - 2
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SED-2
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Planned Retirement Community
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(PRC)
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Planned Mixed Use
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(PMU)
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Reserved Mount Laurel
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(RMLD)
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Reserve Mount Laurel 2
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(RMLD-2)
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Residential Adult Community
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(RAC)
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[Amended 10-20-2003 by Ord. No. O-03-37]
A.
The Zone Map dated July 2007, delineating the zones set forth in Article X, is hereby declared to be part of this chapter. Said Zone Map is filed in the office of the Township Clerk and included as an attachment to this chapter.
[Amended 4-24-2007 by Ord. No. O-07-14; 11-27-2007 by Ord. No. O-07-51]
B.
The zone boundary lines are intended generally to
follow street center lines, existing lot lines, center lines of railroad
rights-of-way, and the like, as indicated on said Zone Map. Where
a zone boundary line does not coincide with any such line as above
set forth, its location or relation to another boundary line is indicated
on said Zone Map by means of figures expressing distance in feet from
a street side line or other boundary line. In cases of uncertainty
or disagreement as to the true location of any zone boundary line,
the determination thereof shall lie with the Zoning Board of Adjustment.
C.
Except as otherwise specified herein, all development within zone
districts shall be in accordance with the Schedule of Bulk and Dimensional
Requirements.[1] Any use not specifically listed in §§ 188-69 through 188-86.4 and/or not listed in Schedule I, Residential and Nonresidential Permitted Uses, shall be deemed not permitted.
[Amended 5-21-2019 by Ord. No. O-19-28]
[1]
Editor’s Note: Schedule II, Bulk and Dimensional Requirements, is included as an attachment to this chapter.
In addition to and not by way of limitation
of any other uses prohibited in this chapter, the following uses are
prohibited throughout the Township:
A.
The occasional sale of goods, services or merchandise
from any vehicle, trailer, stand, portable building or the like at
a specific location whether on public or private property or within
any public street. This prohibition shall not apply to the following:
(1)
Itinerant solicitors, peddlers or vendors duly licensed pursuant to Chapter 223 of the Code of the Township, provided that such licensee goes from house to house, place to place, or street to street in the conduct of the licensee’s business.
(2)
The sale of farm products from the premises upon which
they are grown or produced.
(3)
Sales which occur at lawfully existing flea markets,
provided that such sales are within the specific area within any such
market where all other sales take place.
(4)
This prohibition shall not apply to any charitable,
philanthropic, fraternal or religious nonprofit organizations holding
a tax exempt status under the Federal Internal Revenue Code [26 U.S.C.
§ 501(c) or (d)], provided that such sales are conducted
directly by members of the organization and in such a manner as to
not to create any hazard or threat to the health, safety and welfare
of the public. Any such organization shall, prior to commencing any
such use, exhibit proof of its tax exempt status to the Code Administrator
of the Township.
(5)
The prohibitions shall not apply to the seasonal sale
of Christmas trees, wreaths and other floral arrangements and displays
appropriate to religious holidays during the period of November 15
through January 15.
B.
No gravel pits shall be maintained or operated in
the Township of Howell for the purpose of quarrying, mining or any
other activity.
C.
No heliport or helistop as defined in N.J.A.C. 16:54-1.3
shall, following the adoption of this subsection, be established or
located in any zoning district of the Township of Howell; provided,
further, that nothing contained herein shall apply to helistops established
for governmental or emergency uses.
D.
The conduct of combat survival games as a recreational
use utilizing, among other devices, what is commonly referred to as
a "paint gun" wherein pellets are propelled by a carbon dioxide cartridge.
E.
No permanent or temporary toxic waste storage, processing
or disposal facilities shall be located in the Township of Howell,
except temporary facilities may be utilized for the cleanup of a waste
site within the Township, provided that the facility is utilized only
for the waste generated on that site.
F.
Uses which involve the processing, handling, storage,
incineration or distribution of solid waste, including landfills,
transfer stations, composting facilities and uses deemed to be similar
in character. Nothing herein shall be construed so as to prohibit
routine solid waste handling and composting as an accessory or appurtenant
use to a residential or agricultural use (including such accessory
uses for which the owner is compensated); provided, however, that
such uses are incidental to a principal permitted use.
G.
Cannabis prohibition.
[Added 7-13-2021 by Ord. No. O-21-13]
(1)
Purpose.
The purpose of this subsection is to regulate the marketplace class
of licensed recreational cannabis businesses and to codify a prohibition,
pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),
N.J.S.A. 24:6I-45b, on all six marketplace classes of cannabis establishments,
as defined in that statute and including cannabis cultivator, cannabis
manufacturer, cannabis wholesaler, cannabis retailer, cannabis distributor,
and cannabis delivery service, but not the delivery of cannabis items
and related supplies into Howell Township by a delivery service located
outside the geographic boundaries of Howell Township, which delivery
service shall have been duly licensed by the municipality in which
it operates.
(2)
Definitions.
As used in this subsection, all marketplace classes of cannabis establishments,
including a cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer, a cannabis distributor, and cannabis
delivery service shall have the same meanings as set forth in Section
3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33 et seq.
(3)
General
prohibition. All six marketplace classes of cannabis establishments,
including cannabis cultivator, cannabis manufacturer, cannabis wholesaler,
cannabis retailer, cannabis distributor, and cannabis delivery service,
as said terms are defined in Section 3 of P.L. 2021, c. 16, N.J.S.A.
24:6I-33, are hereby prohibited uses or activities within the Township
of Howell. This prohibition shall not apply to the delivery of cannabis
items and related supplies being delivered into Howell Township by
a cannabis delivery service located outside the geographic boundaries
of Howell Township, which delivery service shall have been duly licensed
by the municipality in which it operates.
[Amended 6-10-2008 by Ord. No. O-08-12]
A.
Issuance of permit. The outdoor display of goods and
merchandise for what is commonly referred to as a "sidewalk sale"
or "flea market sale" in conjunction with or consistent with business
activity in areas zoned NC, HC, HD-1 and HD-2 shall be permitted upon
the issuance of a permit by the Land Use office.
B.
Conditions for issuance of permit. On application to the Land Use Officer, or his designee, for the appropriate permit, merchants owning or leasing permanent business establishments may conduct temporary sidewalk sales or similar other outdoor sales. The fee for issuance of this permit shall be as shown in § 139-31 of this Code.
[Amended 12-11-2012 by Ord. No. O-12-27]
C.
Duration and conditions of permit. A permit for a
sidewalk sale, flea market or similar outdoor sale shall only be given
if the applicant satisfies the following conditions:
(1)
Sidewalk sale or similar outdoor sales.
(a)
The outdoor display and sale shall be restricted
to the NC, HC, HD-1 and HD-2 Zones only and shall be in accord with
all zoning regulations pertaining thereto.
(b)
The applicant shall either own or lease permanent
premises within 25 feet of the space where the outdoor display or
sale will be conducted.
(c)
Any displays used in conjunction with a sidewalk
sale shall not impede pedestrian traffic nor require pedestrians to
move off the curb or sidewalk to navigate around or through such displays.
(d)
The permit shall not adversely affect the public
welfare.
(e)
Each sidewalk sale shall not be longer than
seven days in duration and may not occur within seven days of a previous
sidewalk sale.
(2)
Flea market sales.
(a)
The outdoor display and sale shall be restricted
to the NC, HC, HD-1 and HD-2 Zones only and shall be in accord with
all zoning regulations pertaining thereto.
(b)
The applicant shall be the merchant either leasing
or owning the premises upon which the flea market sales shall take
place, notwithstanding that the sales are being conducted by third
parties, and the sales shall not be held any further than 125 feet
from the building premises being leased.
(c)
Any displays used in conjunction with the flea
market sales shall not impede the flow of pedestrian or vehicular
traffic.
(d)
The permit shall not adversely affect the public
welfare.
(e)
The flea market sales shall be no longer than
one business day and shall take place at the times otherwise prescribed
for such sales by Township ordinance.
D.
No flea market sales permit shall be issued for an
eligible applicant at the same time as any other flea market permit
applicable to any other place within 3,000 feet of the premises of
the flea market sales.
E.
Frequency of issuance of permit. No permit shall be
issued to an applicant or applicants affecting the same permanent
business establishment more than five times per calendar year. No
flea market sale shall be held at the same permanent business establishment
more than five times per calendar year.
F.
This section does not establish new principal or ancillary
uses in any zone nor does it affect or alter any bulk requirement
of any zone.
G.
This section merely permits temporary, occasional
sales via permit process at permanent business establishments in certain
zones when certain conditions are met.
H.
Violations and penalties. The failure to obtain a
permit from the Land Use Officer prior to holding a sidewalk sale,
or similar sale or flea market sale, will subject violators to a fine
of up to $500 per day.
A.
Purpose. The purpose of the ARE-1, ARE-3, ARE-4 and
ARE-6 Zones is to minimize the impacts of development in areas located
outside of the centers identified in the Township's Master Plan. The
goals include preservation of rural and agricultural uses and preservation
of rural character. Many areas include significant environmental constraints,
including wetlands, floodplains, rare and endangered species habitats,
aquifer recharge areas and high-quality watersheds. (See Schedule
III, Bulk and Dimensional Requirements, for the ARE-1, ARE-3, ARE-4
and ARE-6 Zones[2])
[Amended 5-24-2011 by Ord. No. O-11-13]
[2]
Editor’s Note: Schedule III is included as an attachment to this chapter.
B.
Permitted uses.
(1)
Principal uses.
(a)
Agricultural and horticulture.
(b)
Single-family residences.
(c)
Municipal buildings and other public-purpose
buildings owned by the Township, as well as quasi-public uses limited
to fire stations and first-aid buildings.
(d)
Community residences for the developmentally
disabled and community shelters for victims of domestic violence that
contain fewer than six occupants.
(e)
Multigenerational family accommodations.
[Added 6-12-2018 by Ord.
No. O-18-8]
(3)
Conditional uses.
(a)
Houses of worship.
(b)
Schools with state-approved curricula in accordance with § 188-93 and limited to ARE-4 and ARE-6.
[Amended 5-20-2014 by Ord. No. O-14-13]
(c)
Community residences for the developmentally
disabled and community shelters for victims of domestic violence that
contain more than six and fewer than 15 occupants.
(d)
Solar energy generation facility in ARE-3, ARE-4, and ARE-6 Zones only. See § 188-98.3 for conditional requirements, and see Schedule III for bulk and dimensional requirements.[4]
[Added 5-24-2011 by Ord. No. O-11-13]
[4]
Editor’s Note: Schedule III is included as an attachment to this chapter.
C.
Design
standards for solar energy generation facilities.
[Added 5-24-2011 by Ord. No. O-11-13][5]
(1)
Ground-mounted systems shall provide emergency vehicle access to
all components as per the New Jersey State Fire Code, Section 305,
"Fire Apparatus Access Roads."
(2)
Except pursuant to a permit issued by the New Jersey Department of
Environmental Protection ("NJDEP"), no portion of a solar energy generation
facility shall occupy areas of land designated and regulated by NJDEP
as floodplains, flood hazard areas, wetlands, wetland transition areas
or riparian corridors. An applicability determination from the NJDEP
shall be provided to document the presence and/or absence of these
regulated areas. Except pursuant to a permit issued by NJDEP, a three-hundred-foot
buffer shall be maintained between NJDEP-designated Category One waters,
as defined in the existing Surface Water Quality Standards rules at
N.J.A.C. 7:9B-1.4, and any portion of a proposed solar energy generation
facility. Category One waters include, and may not be limited to,
the Metedeconk River and the Manasquan Reservoir.
(3)
Solar energy generation facilities shall be screened from the public
traveled way (public roads, trails, navigable waterways, scenic highways
and byways), publicly owned properties, open space, preserved farmland
and historic resources, including sites and buildings listed or eligible
for listing on the State and National Registers of Historic Places.
(a)
Installations shall be sited behind existing vegetation, which
shall be supplemented with landscaping to shield the installation
from public view.
(b)
To the extent achievable, solar energy facilities shall be sited
using the natural topography to screen the energy project from public
view and the view of any adjoining residences.
(4)
Decommissioning plan. All applications for a solar energy generation facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of solar energy systems. The decommissioning plan shall be submitted in accordance with the requirements of this Subsection D(4). Prior to removal of solar energy systems, a demolition permit for removal activities shall be obtained from the Howell Township construction official. Prior to issuance of a demolition permit, the owner or operator of the facility shall post a performance bond, cash or letter of credit to ensure removal of the facility or systems in accordance with the decommissioning plan. Removal of solar energy systems shall be conducted by an electrician licensed in the State of New Jersey.
(a)
Solar and photovoltaic energy facilities and structures (roof
or ground) which have not been in active and continuous service for
a period of one year shall be removed from the property to a place
of safe and legal disposal in accordance with a decommissioning plan.
(b)
If the applicant ceases operation of the energy project for
one year, or begins, but does not complete, construction of the project
within 180 days of receipt of final site plan approval, the applicant
shall restore the site according to a decommissioning plan prepared
by the applicant and approved by the Board. The applicant shall submit
a decommissioning plan that ensures that the site will be restored
to a useful, nonhazardous condition without significant delay, including
but not limited to the following:
[1]
Removal of aboveground and underground equipment, structures
and foundations to a depth of at least three feet below grade. Underground
equipment, structures and foundations need not be removed if they
are at least three feet below grade and do not constitute a hazard
or interfere with agricultural use or other resource uses of the land.
The plan shall describe the means by which all equipment and components
of the system(s) shall be disposed of in an environmentally responsible
manner and in accordance with prevailing federal, state and/or local
regulations.
[2]
Restoration of the surface grade and soil after removal of aboveground
structures and equipment.
[3]
Restoration of surface grade and soil.
[4]
Revegetation of restored soil areas with native seed mixes and
plant species suitable to the area, which shall not include any invasive
species. In farmland areas, the revegetation component of the decommissioning
plan should include provisions to resume agricultural use of the site.
[5]
The plan may provide for the retention of access roads, fences,
gates or buildings in place or regarding restoration of agricultural
crops or forest resource land.
[6]
The plan must provide for the protection of public health and
safety and for protection of the environment and natural resources
during site restoration.
[7]
The plan must include a schedule for completion of site restoration
work.
(c)
A cost estimate shall be provided for the cost of fully implementing
the decommissioning plan prior to the issuance of a demolition permit.
The cost estimate shall be subject to review and approval by the Township
Engineer.
(d)
Before beginning any decommissioning activities, the applicant
must submit a performance bond, cash or letter of credit in a form
and amount satisfactory to the Township Attorney, which shall be based
upon an estimate approved by the Board Engineer, assuring the availability
of adequate funds to restore the site to a useful, nonhazardous condition
in accordance with the decommissioning plan.
(e)
Upon cessation of activity for a cumulative period of 180 days
of construction or installation activities of an approved solar energy
system, the Township may notify the owner and/or the operator of the
facility to complete construction and installation of the facility.
If the owner and/or operator fails to complete construction and installation
activities within 180 additional days, the Township may order the
owner and/or operator of the facility to implement the decommissioning
plan. Within six months of notice being served, the owner and/or operator
shall substantially complete all activities in the decommissioning
plan.
(f)
Upon cessation of activity of a fully constructed solar energy
system for a cumulative period of one year, the Township may notify
the owner and/or the operator of the facility to implement the decommissioning
plan. Within 180 days of notice being served, the owner and/or operator
shall either resume energy generation to at least eighty-percent capacity
of the facility or system as established at the time of approval,
or fully implement the decommissioning plan. If, within 180 days of
receipt of notice, the owner and/or operator of the facility or system
fails to resume energy generation to at least 80% of capacity of the
facility or system as established at the time of approval, the Township
may order the owner and/or operator of the facility to implement the
decommissioning plan.
(g)
If the operator fails to fully implement the decommissioning plan subject to the procedures and timelines set forth in Subsection D(4)(e) and (f) above, or is otherwise unable to restore the site as required within 180 days of the Township's service of notice in accordance with this Subsection D(4), the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may in accordance with the law recover all expenses incurred for such activities.
D.
Development options.
(1)
All subdivisions in the ARE-3, ARE-4 or ARE-6 Zone
are required to utilize one of the following four development options.
Conventional subdivisions are permissible for minor subdivisions and
in cases where applicants can demonstrate to the Planning Board that
the objectives of the district will be enhanced by the submission
of a conventional subdivision. Factors to be utilized by the Board
in its determination are:
(2)
The maximum density of units per gross acre of land
in the ARE-3 District shall be 0.33 unit per acre, ARE-4 District
shall be 0.25 unit per acre and in the ARE-6 District shall be 0.167
unit per acre.
(3)
Open lands subdivisions. Open lands subdivisions are
permitted on all tracts in the ARE-3, ARE-4 and ARE-6 Districts. This
option is intended to promote the retention of large contiguous wooded
tracts and large farm tracts, and to promote the aggregation of smaller
wooded and farm parcels. It is also intended to encourage and promote
flexibility, economy and environmental soundness in subdivision layout
and design. The following standards shall apply to open lands subdivisions:
(a)
In order to determine the maximum number of
lots for an open lands subdivision, a conforming plan of a conventional
subdivision shall be submitted, based on minimum lot area of three
acres in the ARE-3 District, four acres in the ARE-4 District and
six acres in the ARE-6 District. The concept plan shall be in sufficient
detail to permit the Planning Board to make an informed decision as
to the subdivision satisfying all ordinance requirements and in a
form that would be acceptable to the Planning Board as a conventional
subdivision without the need for any lot area or lot dimension variances
or exceptions to subdivision design standards. The number of lots
on the concept plan shall be the maximum number of lots permitted
under an open lands subdivision.
(b)
At least 55% of the tract if located in ARE-3,
60% of the tract if located in the ARE-4 District and 75% of the tract
if located in the ARE-6 District shall be designated as "open lands"
and shall, as a condition of approval of the development, be deed
restricted for agricultural or conservation use. The maximum density
of the remaining property is 1.25 acres per unit in ARE-3, 1.5 acres
per unit in ARE-4 and two acres per unit in ARE-6. Lots qualifying
as open lands shall be permitted a primary residence and other accessory
building uses as provided in this section.
(c)
At least 40% of designated "open lands" shall
be some combination of unconstrained land area, or prime soils or
soils of statewide importance, or prime forested area. On tracts in
areas which are predominantly active agricultural lands or consist
of prime agricultural soils or soils of statewide importance, the
preservation of agricultural lands and soils shall take precedence.
On tracts in areas which are predominantly prime forested areas, the
preservation of forested areas shall take precedence.
(d)
For tracts of 30 acres or less, the open lands
shall be contained in one deed-restricted contiguous parcel; for tracts
greater than 30 acres, the open lands may be composed of noncontiguous
parcels, provided that each open lands area shall contain at least
15 contiguous acres. When noncontiguous parcels of at least 15 acres
are provided, each parcel may have a residence, provided that the
total density is not exceeded.
(e)
All lots created under this subdivision option
shall be deed restricted against further subdivision for the purpose
of creating an additional lot or lots.
(f)
The design of the development utilizing this
option shall foster the following objectives: retention of large contiguous
farmland areas; retention of large contiguous prime forested areas;
stream corridor and wetlands preservation; aquifer recharge protection;
steep slope protection; overall site design; reduction of impervious
coverage; traffic circulation; and, sensitivity to the site's natural
features, topography and relationship to open lands on neighboring
parcels.
(g)
In forested areas, the design of the development
shall include a 100-foot buffer along existing roads, which shall
either maintain existing woodlands or establish new forested areas
for those areas that are disturbed during site development or are
currently cleared. The intent of this provision is to maintain the
scenic roadside views in the Township.
(h)
Natural features such as trees, natural terrain,
open waters and natural drainage areas shall be preserved wherever
possible in designing any development containing such features. As
part of the subdivision or site plan review process, development should
be designed to preserve scenic vistas and views of cultural/historic
landmarks and of unique geologic and topographic features.
(i)
The proposed development shall comply with the
bulk and dimensional standards contained in Schedule III.[6]
[6]
Editor's Note: Schedule III is included as an attachment to this chapter.
(j)
The applicant is advised to submit a concept
plan of the open lands subdivision for review and comment in accordance
with this chapter.
(4)
Cluster subdivisions in the ARE-3 District, ARE-4
District and ARE-6 District may be permitted at the sole discretion
of the Planning Board. To utilize the cluster option the Planning
Board must find that the resulting open space is of a sufficient character,
size and location to effectuate the goals and objectives of the Township's
Open Space, Conservation, Parks and Recreation or Farmland Preservation
Plan elements. The following standards shall be minimum requirements:
[Amended 10-16-2012 by Ord. No. O-12-18]
(a)
In order to determine the maximum number of
lots for a cluster subdivision, a conforming plan of a conventional
subdivision shall be submitted, based on minimum lot areas of three
acres in the ARE-3 District, four acres in the ARE-4 District and
six acres in the ARE-6 District. The concept plan shall be in sufficient
detail to permit the Planning Board to make an informed decision as
to the subdivision satisfying all ordinance requirements and in a
form that would be acceptable to the Planning Board as a conventional
subdivision without the need for any lot area or lot dimension variances
or exceptions to subdivision design standards. The number of lots
on the concept plan shall be the maximum number of lots permitted
under a cluster subdivision.
(b)
The minimum open space shall be 65% of the total
tract in the ARE-3 District, ARE-4 District and ARE-6 District. Maximum
density is 1.25 in ARE-3, 1.5 acres per unit in ARE-4 and 2.0 acres
per unit in ARE-6.
(c)
Areas reserved as permanent open space shall
have a minimum contiguous area of not less than three acres, and no
portion thereof shall be less than 50 feet in width. At least 40%
of the open space shall be uplands. The open space area(s) shall be
contiguous to open space on adjoining parcels, where applicable, and
shall include areas identified in the Township's open space and recreation
or conservation plans, if any, including greenways.
(d)
On tracts in areas which are predominantly active
agricultural lands or consist of prime agricultural soils or soils
of statewide importance, the preservation of agricultural lands and
soils shall take precedence. On tracts in areas which are predominantly
prime forested areas, the preservation of forested areas shall take
precedence.
(e)
The open space shall be reserved in perpetuity
either by dedication for public use or for use by the residents of
the development by private covenant or deed restriction for one of
the following purposes: undeveloped open space; public or private
recreational facilities; conservation of environmentally sensitive
features, including, but not limited to, wetlands, aquifer recharge
areas, floodplains and wooded areas; and agricultural use.
(f)
The proposed development shall comply with the
bulk and dimensional standards contained in Schedule III.
(g)
Provision shall be made to ensure suitable maintenance
of any area to be reserved by private covenant or deed restriction
by the establishment of a property owners' association or other appropriate
organization.
(h)
The applicant is advised to submit a concept
plan of the cluster subdivision for review and comment in accordance
with this chapter.
(5)
Lot averaging subdivisions are permitted in the ARE-3
District, ARE-4 District and in the ARE-6 District in accordance with
the following standards:
(a)
In order to determine the maximum number of
lots for a lot averaging subdivision, a conforming plan of a conventional
subdivision shall be submitted, based on a minimum lot size of three
acres in the ARE-3 District, four acres in the ARE-4 District and
six acres in the ARE-6 District. The concept plan shall be in sufficient
detail to permit the Planning Board to make an informed decision as
to the subdivision satisfying all ordinance requirements and in a
form that would be acceptable to the Planning Board as a conventional
subdivision without the need for any lot area or lot dimension variances
or exceptions to subdivision design standards. The number of lots
on the concept plan shall be the maximum number of lots permitted
under a lot averaging subdivision.
(b)
A lot averaging subdivision may be permitted
when the applicant proposes a distribution of lot areas within the
subdivision that results in at least 60% of the lots having a minimum
lot area between two acres and three acres, except in the case of
a two-lot subdivision, in which case one of the two lots shall be
two acres to three acres.
(c)
The site design of lot averaging subdivisions
should shift the more intensive development toward those lands that
can best support the installation of the dwelling, well, septic system
and associated site improvements. Similarly, lot averaging should
seek to preserve those areas which exhibit sensitive environmental
features (i.e., water bodies, floodplains, aquifer recharge areas,
seasonal high water table, etc.) or which contain active or prime
agricultural lands or prime forested areas.
(d)
On tracts in areas which are predominantly active
agricultural lands or consist of prime agricultural soils or soils
of statewide importance, the preservation of agricultural lands and
soils shall take precedence. On tracts in areas which are predominantly
prime forested areas, the preservation of forested areas shall take
precedence.
(e)
The proposed development shall comply with the
bulk and dimensional standards contained in Schedule III.
(f)
The deed for any lot created by lot averaging
shall contain a restriction against its further subdivision for the
purpose of creating an additional lot or lots.
(g)
The applicant is advised to submit a concept
plan of the lot averaging subdivision for review and comment in accordance
with this chapter.
(6)
Farmland preservation parcels. These parcels are intended
to provide a development option to an individual who intends to remove
the development rights from the majority of the property, typically
through a government or nonprofit sponsored farmland preservation
program in accordance with the following standards. The farmland preservation
option shall also apply to existing farms and other proposed farms
in the ARE zones:
(a)
To receive treatment under this section, farmland
preservation property must consist of a lot, tract or parcel of land
with a minimum contiguous acreage of 15 acres.
(b)
The owner of a lot, tract or parcel of land
who intends to place a portion of such property into farmland preservation
shall be entitled to subdivide one or more residential lots from the
lot, tract or parcel. The remainder shall be placed in farmland preservation.
Use of the subdivided lot shall be limited to a detached single-family
dwelling with permitted accessory uses.
(c)
The number lots subdivided shall be in accordance
with the following table:
|
Range by Acres
|
Permitted Lots
|
|---|---|
|
15 to 29.99
|
1
|
|
30 to 49.99
|
2
|
|
50 or more
|
3
|
(d)
The subdivided residential lot shall meet the
following zoning requirements:
[2]
Lot frontage: 100 feet.
[3]
Minimum front yard setback: 50 feet.
[4]
Minimum rear yard setback: 40 feet.
[5]
Minimum side yard: 30 feet.
[6]
Maximum height: 30 feet/2 1/2 stories.
[7]
Building coverage: 10%.
[8]
Lot coverage: 15%.
[9]
Accessory buildings: side and rear yards shall
equal building height.
[1]
Editor's Note: Ord. No. O-07-18, adopted 5-15-2007,
"grandfathered" the bulk and dimensional requirements of existing
lots and lots that were the subject of final subdivision approvals
prior to the effective date of Ord. No. O-07-9 as follows: "All lots
in existence on the official Zoning Map of the Township of Howell,
or which were approved for final subdivision by the Howell Planning
Board prior to the effective date of Ordinance 07-09, shall not be
deemed nonconforming under the zoning criteria and bulk and dimensional
requirements of Ordinance 07-09, but shall instead be subject to the
bulk and dimensional requirements of the zoning districts pursuant
to the zoning ordinances that were in effect immediately prior to
the adoption of said ordinance. The bulk and dimensional requirements
established by Ordinance 07-09 shall apply only to lots created after
the effective date of said ordinance."
[Added 3-20-2007 by Ord. No. O-07-9[1]]
A.
Purpose. The purpose of the ARE-2 Zone is to minimize
the impacts of development in areas located outside of the centers
identified in the Township's Master Plan. The goals include not only
the preservation of rural and agricultural uses and preservation of
rural character, but in addition to act as a buffer between zones
of greater development and the ARE-3, ARE-4 and ARE-6 Zones. (See
Schedule III, Bulk and Dimensional Requirements, for the ARE-2 Zone[2]).
[2]
Editor’s Note: Schedule III is included as an attachment to this chapter.
B.
Permitted uses.
(1)
Principal uses: same as § 188-69B(1) and including the following:
(2)
Accessory uses: same as § 188-69B(2).
C.
Design
standards for solar energy generation facilities.
[Added 5-24-2011 by Ord. No. O-11-13[4]]
(1)
Ground-mounted systems shall provide emergency vehicle access
to all components as per the New Jersey State Fire Code, Section 305,
"Fire Apparatus Access Roads."
(2)
Except pursuant to a permit issued by the New Jersey Department
of Environmental Protection ("NJDEP"), no portion of a solar energy
generation facility shall occupy areas of land designated and regulated
by NJDEP as floodplains, flood hazard areas, wetlands, wetland transition
areas or riparian corridors. An applicability determination from the
NJDEP shall be provided to document the presence and/or absence of
these regulated areas. Except pursuant to a permit issued by NJDEP,
a three-hundred-foot buffer shall be maintained between NJDEP-designated
Category One waters, as defined in the existing Surface Water Quality
Standards rules at N.J.A.C. 7:9B-1.4, and any portion of a proposed
solar energy generation facility. Category One waters include, and
may not be limited to, the Metedeconk River and the Manasquan Reservoir.
(3)
Solar energy generation facilities shall be screened from the
public traveled way (public roads, trails, navigable waterways, scenic
highways and byways), publicly owned properties, open space, preserved
farmland and historic resources, including sites and buildings listed
or eligible for listing on the State and National Registers of Historic
Places.
(a)
Installations shall be sited behind existing vegetation, which
shall be supplemented with landscaping to shield the installation
from public view.
(b)
To the extent achievable, solar energy facilities shall be sited
using the natural topography to screen the energy project from public
view and the view of any adjoining residences.
(4)
Decommissioning plan. All applications for a solar energy generation facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of solar energy systems. The decommissioning plan shall be submitted in accordance with the requirements of this Subsection D(4). Prior to removal of solar energy systems, a demolition permit for removal activities shall be obtained from the Howell Township construction official. Prior to issuance of a demolition permit, the owner or operator of the facility shall post a performance bond, letter of credit or cash to ensure removal of the facility or systems in accordance with the decommissioning plan. Removal of solar energy systems shall be conducted by an electrician licensed in the State of New Jersey.
(a)
Solar and photovoltaic energy facilities and structures (roof
or ground) which have not been in active and continuous service for
a period of one year shall be removed from the property to a place
of safe and legal disposal in accordance with a decommissioning plan.
(b)
If the applicant ceases operation of the energy project for
one year, or begins, but does not complete, construction of the project
within 180 days of receipt of final site plan approval, the applicant
shall restore the site according to a decommissioning plan prepared
by the applicant and approved by the Board. The applicant shall submit
a decommissioning plan that ensures that the site will be restored
to a useful, nonhazardous condition without significant delay, including
but not limited to the following:
[1]
Removal of aboveground and underground equipment,
structures and foundations to a depth of at least three feet below
grade. Underground equipment, structures and foundations need not
be removed if they are at least three feet below grade and do not
constitute a hazard or interfere with agricultural use or other resource
uses of the land. The plan shall describe the means by which all equipment
and components of the system(s) shall be disposed of in an environmentally
responsible manner and in accordance with prevailing federal, state
and/or local regulations.
[2]
Restoration of the surface grade and soil after
removal of aboveground structures and equipment.
[3]
Restoration of surface grade and soil.
[4]
Revegetation of restored soil areas with native
seed mixes and plant species suitable to the area, which shall not
include any invasive species. In farmland areas, the revegetation
component of the decommissioning plan should include provisions to
resume agricultural use of the site.
[5]
The plan may provide for the retention of access
roads, fences, gates or buildings in place or regarding restoration
of agricultural crops or forest resource land.
[6]
The plan must provide for the protection of public
health and safety and for protection of the environment and natural
resources during site restoration.
[7]
The plan must include a schedule for completion
of site restoration work.
(c)
A cost estimate shall be provided for the cost of fully implementing
the decommissioning plan prior to the issuance of a demolition permit.
The cost estimate shall be subject to review and approval by the Township
Engineer.
(d)
Before beginning any decommissioning activities, the applicant
must submit a performance bond, cash or letter of credit in a form
and amount satisfactory to the Township Attorney, which shall be based
upon an estimate approved by the Board Engineer, assuring the availability
of adequate funds to restore the site to a useful, nonhazardous condition
in accordance with the decommissioning plan.
(e)
Upon cessation of activity for a cumulative period of 180 days
of construction or installation activities of an approved solar energy
system, the Township may notify the owner and/or the operator of the
facility to complete construction and installation of the facility.
If the owner and/or operator fails to complete construction and installation
activities within 180 additional days, the Township may order the
owner and/or operator of the facility to implement the decommissioning
plan. Within six months of notice being served, the owner and/or operator
shall substantially complete all activities in the decommissioning
plan.
(f)
Upon cessation of activity of a fully constructed solar energy
system for a cumulative period of one year, the Township may notify
the owner and/or the operator of the facility to implement the decommissioning
plan. Within 180 days of notice being served, the owner and/or operator
shall either resume energy generation to at least eighty-percent capacity
of the facility or system as established at the time of approval,
or fully implement the decommissioning plan. If, within 180 days of
receipt of notice, the owner and/or operator of the facility or system
fail to resume energy generation to at least 80% of capacity of the
facility or system as established at the time of approval, the Township
may order the owner and/or operator of the facility to implement the
decommissioning plan.
(g)
If the operator fails to fully implement the decommissioning plan subject to the procedures and timelines set forth in Subsection D(4)(e) and (f) above, or is otherwise unable to restore the site as required within 180 days of the Township's service of notice in accordance with this Subsection D(4), the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may in accordance with the law recover all expenses incurred for such activities.
D.
Development options.
(1)
All subdivisions in the ARE-2 Zone are required
to utilize one of the following three development options discussed
below: (1) open lands subdivisions; (2) lot averaging subdivisions;
and (3) conventional subdivisions, which are permissible for minor
subdivisions and in cases where applicants can demonstrate to the
Planning Board that the objectives of the district will be enhanced
by the submission of a conventional subdivision. Factors to be utilized
by the Planning Board in its determination are:
(2)
Open lands subdivisions. This option is intended
to promote the retention of contiguous wooded tracts and large farm
tracts, and to promote the aggregation of smaller wooded and farm
parcels. It is also intended to encourage and promote flexibility,
economy and environmental soundness in subdivision layout and design.
The following standards shall apply to open lands subdivisions.
(a)
In order to determine the maximum number of
lots for open lands subdivision, a conforming plan of a conventional
subdivision shall be submitted based on minimum lot areas of two acres
in the ARE-2 District. The concept plan shall be in sufficient detail
to permit the Planning Board to make an informed decision as to the
subdivision satisfying all ordinance requirements and in a form that
would be acceptable to the Planning Board as a conventional subdivision
without the need for any lot area or lot dimension variances or exceptions
to subdivision design standards. The number of lots on the conventional
concept plan shall be the maximum number of lots permitted under an
open lands subdivision.
(b)
At least 50% of the tract if located in the
ARE-2 District shall be designated as "open lands" and shall, as a
condition of approval of the development, be deed restricted for agricultural
or conservation use. Lots qualifying as open lands shall be permitted
a primary residence and other accessory building uses as provided
in this section. Development density shall be one unit per acre.
(c)
At least 20% of designated "open lands" shall
be some combination of unconstrained land area, or prime soils or
soils of statewide importance, or prime forested area. On tracts in
areas which are predominantly active agricultural lands or consist
of prime agricultural soils or soils of statewide importance, the
preservation of agricultural lands and soils shall take precedence.
On tracts in areas which are predominantly prime forested areas, the
preservation of forested areas shall take precedence.
(d)
All lots created under this subdivision option
shall be deed restricted against further subdivision for the purpose
of creating an additional lot or lots.
(e)
The design of the development utilizing this
option shall foster the following objectives: retention of contiguous
farmland areas; retention of contiguous prime forested areas; stream
corridor and wetlands preservation; aquifer recharge protection; overall
site design; reduction of impervious coverage; traffic circulation;
and sensitivity to the site's natural features, topography and relationship
to open lands on neighboring parcels.
(f)
In forested areas, the design of the development
shall include a 100-foot buffer along existing roads, which shall
either maintain existing woodlands or establish new forested areas
for those areas that are disturbed during site development or are
currently cleared. The intent of this provision is to maintain the
scenic roadside views in the Township.
(g)
Natural features such as trees, natural terrain,
open waters and natural drainage areas shall be preserved wherever
possible in designing any development containing such features. As
part of the subdivision or site plan review process, development should
be designed to preserve scenic vistas and views of cultural/historic
landmarks and of unique geologic and topographic features.
(h)
The applicant is advised to submit a concept
plan of the open lands subdivision for review and comment in accordance
with this chapter.
(3)
Lot averaging subdivisions. This option is permitted
in the ARE-2 District in accordance with the following standards.
(a)
The lot averaging development plan shall not
result in a greater dwelling unit yield than if the property in question
were developed as a conventional subdivision. In order to determine
the maximum number of lots for a lot averaging subdivision, a conforming
plan of a conventional subdivision shall be submitted, based on a
minimum lot size of two acres in the ARE-2 District. The concept plan
shall be in sufficient detail to permit the Planning Board to make
an informed decision as to the subdivision satisfying all ordinance
requirements and in a form that would be acceptable to the Planning
Board as a conventional subdivision without the need for any lot area
or lot dimension variances or exceptions to subdivision design standards.
The number of lots on the conventional concept plan shall be the maximum
number of lots permitted under an open lands subdivision.
(b)
A lot averaging subdivision may be permitted
when the applicant proposes a distribution of lot areas within the
subdivision that results in at least 60% of the lots having a minimum
lot area between one acre and three acres except in the case of a
two-lot subdivision, in which case one of the two lots shall be one
acre to three acres.
(c)
The site design of lot averaging subdivisions
should shift the more intensive development toward those lands that
can best support the installation of the dwelling, well, septic system
and associated site improvements. Similarly, lot averaging should
seek to preserve those areas which exhibit sensitive environmental
features (i.e., water bodies, floodplains, aquifer recharge areas,
seasonal high water table, etc.) or which contain active or prime
agricultural lands or forested areas.
(d)
On tracts in areas which are predominantly active
agricultural lands or consist of prime agricultural soils or soils
of statewide importance, the preservation of agricultural lands and
soils shall take precedence. On tracts in areas which are predominantly
prime forested areas, the preservation of forested areas shall take
precedence.
(e)
The proposed development shall comply with the
bulk and dimensional standards contained in Schedule III.[5]
[5]
Editor's Note: Schedule III is included as an attachment to this chapter.
(f)
All lots created under this subdivision option
shall be deed restricted against further subdivision for the purpose
of creating an additional lot or lots.
(g)
The applicant is advised to submit a concept
plan of the lot averaging subdivision for review and comment in accordance
with this chapter.
(4)
Farmland preservation parcels. These parcels
are intended to provide a development option to an individual who
intends to remove the development rights from the majority of the
property, typically through a government or nonprofit sponsored farmland
preservation program in accordance with the following standards:
(a)
To qualify under this section, farmland preservation
property must consist of a lot, tract or parcel with a minimum contiguous
acreage of 15 acres.
(b)
The owner of the lot, tract or parcel of land
who intends to place a portion of such property into farmland preservation
shall be entitled to subdivide one or more residential lots from the
lot, tract or parcel. The remainder shall be placed in farmland preservation.
Use of the subdivided lot shall be limited to a detached single-family
dwelling with permitted accessory uses.
(c)
The number of lots subdivided shall be in accordance
with the following table:
|
Range by Acres
|
Permitted Lots
|
|---|---|
|
15 to 29.99
|
1
|
|
30 to 49.99
|
2
|
|
50 or more
|
3
|
(d)
The subdivided residential lot shall meet the
following zoning requirements:
[1]
Minimum lot area: 1 acre.
[2]
Lot frontage: 100 feet.
[3]
Minimum front yard setback: 50 feet.
[4]
Minimum rear yard setback: 40 feet.
[5]
Minimum side yard: 30 feet.
[6]
Maximum height: 30 feet.
[7]
Building coverage: 10%.
[8]
Lot coverage: 15%.
[9]
Accessory buildings: side and rear yards shall
equal building height.
[1]
Editor's Note: Ord. No. O-07-18, adopted 5-15-2007,
"grandfathered" the bulk and dimensional requirements of existing
lots and lots that were the subject of final subdivision approvals
prior to the effective date of Ord. No. O-07-9 as follows: "All lots
in existence on the official Zoning Map of the Township of Howell,
or which were approved for final subdivision by the Howell Planning
Board prior to the effective date of Ordinance 07-09, shall not be
deemed nonconforming under the zoning criteria and bulk and dimensional
requirements of Ordinance 07-09, but shall instead be subject to the
bulk and dimensional requirements of the zoning districts pursuant
to the zoning ordinances that were in effect immediately prior to
the adoption of said ordinance. The bulk and dimensional requirements
established by Ordinance 07-09 shall apply only to lots created after
the effective date of said ordinance."
A.
Purpose. The purpose of the R-2 and R-3 Zoning Districts
is to permit infill development at moderate densities within the established
centers identified in the Howell Township Master Plan.
B.
Permitted uses.
(1)
Principal uses.
(a)
Single-family residences.
(b)
Agriculture and horticulture; however, buildings
housing livestock shall be set back at least 75 feet from all property
lines.
(c)
Community residences for the developmentally
disabled and community shelters for victims of domestic violence that
contain less than six occupants.
(d)
Multigenerational family accommodations.
[Added 6-12-2018 by Ord.
No. O-18-8]
(2)
Accessory uses. Accessory uses customarily incidental
and ancillary to a permitted use.
(3)
Conditional uses.
(a)
Houses of worship.[1]
[1]
Editor's Note: Former Subsection B(3)(b),
which allowed schools with state-approved curricula as a conditional
use, which immediately followed this subsection, was repealed 5-20-2014
by Ord. No. O-14-13; former Subsection B(3)(c), pertaining to community
residences, which immediately followed this former Subsection B(3)(b),
was repealed 7-26-2005 by Ord. No. O-05-23.
C.
Inclusion of Block 138, Lots 32 and 32.01 (formerly
known as Site 3 in the R-3 Zone); modifications. Block 138, Lots 32
and 32.01 (formerly known as Site 3) shall be zoned R-3 with the following
specific modifications:
[Added 11-15-2004 by Ord. No. O-04-63; amended 8-12-2008 by Ord. No. O-08-28]
(1)
Minimum lot area (patio/zero lot line): 5,000 square
feet.
(2)
Minimum lot frontage (patio/zero lot line): 40 feet.
(3)
Minimum lot width (patio/zero lot line): 50 feet.
(4)
Minimum side yard (patio/zero lot line): zero feet
one side; 15 feet second side; 25 feet for on-street side for corner
lot.
(5)
Minimum setback from street line (patio/zero lot line):
25 feet.
(6)
Minimum rear yard (patio/zero lot line): 20 feet.
(7)
Maximum building height (patio/zero lot line): 30
feet.
(9)
Accessory building location: same as R-2.
D.
Inclusion of Block 3, Lot 15 (formerly known as Site
9 in the R-3 Zone); modifications. Block 3, Lot 15 (formerly known
as Site 9) shall be zoned R-3 with the following specific modifications:
[Added 11-15-2004 by Ord. No. O-04-63]
(1)
Maximum density: 105 housing units with the 8,000
square feet lot and 75 feet frontage requirement being reduced to
7,000 square feet and 60 feet frontage, up to 20% of the lots, provided
the average lot size and frontage for the development, other than
zero lot line homes remains 8,000 square feet and 75 feet, respectively.
(2)
Up to 50% of the proposed lots may be zero lot line homes with no side yard on one side with lesser front yard setback and rear yard as defined in the schedule of bulk dimensional, height and related requirements for the R-3 Single-Family Detached Clustered Zone, as modified, above, for Block 138, Lots 32 and 32.01 (formerly known as Site 3). Zero lot line homes will not be considered in determining the average lot size and frontages for purposes of the requirements of Subsection D(1) above.
(3)
Special note: No other standards or restrictions for
the R-3 Single-Family Detached Clustered Zone shall be applicable
to this site, except for design standards generally applicable to
all single-family developments.
(4)
The Zoning Map of the Township of Howell, as amended,
is hereby further amended to include Block 138, Lots 32 and 32.01
(formerly known as Site 3), and Block 3, Lots 15 (formerly known as
Site 9), as part of the R-3 Zone District.
E.
Inclusion of Block 165, Lots 6 and (formerly known
as Site 10B) in the R-2 Zone; modifications:
[Added 11-15-2004 by Ord. No. O-04-63]
(1)
The Zoning Map of the Township of Howell, as amended,
is hereby further amended to provide that Block 165, Lots 6 and 7,
is designated as a portion of the R-2 Detached Single-Family Clustered
Zone.
(2)
The requirements of the R-2 Detached Single-Family
Clustered Zone is hereby specifically modified as follows. The following
modifications shall supersede any inconsistent provision in this chapter
concerning the R-2 Detached Single-Family Clustered Zone and shall
nullify, to the degree necessary, any existing provision of said zoning
requirements that would prevent the implementation of any of the following
specific modifications. The modification is as follows:
A.
Purpose. The purpose of the R-50 Zone is to acknowledge
the established character and pattern of development in the Freewood
Acres area of the Township.
B.
Permitted uses.
(2)
Accessory uses. Accessory uses customarily incidental
and ancillary to a permitted use.
(3)
Conditional uses.
(a)
Houses of worship.[1]
[1]
Editor's Note: Former Subsection B(3)(b),
which allowed schools with state-approved curricula as a conditional
use, which immediately followed this subsection, was repealed 5-20-2014
by Ord. No. O-14-13; former Subsection B(3)(c), pertaining to community
residences, which immediately followed former Subsection B(3)(b),
was repealed 7-26-2005 by Ord. No. O-05-23.
A.
Purpose. The purpose of the R-4 Zone is to provide
for a variety of housing opportunities in areas of the Township where
multifamily development presently exists.
B.
Permitted uses.
(1)
(2)
Accessory uses. Accessory uses customarily incidental
and ancillary to a permitted use.
C.
Inclusion of Block 142, Lots 15, 15.01, 16 and 24
(formerly known as Site 1 in the R-4 Zone); modifications. Block 142,
Lots 15, 15.01, 16 and 24 (formerly known as Site 1) shall be zoned
R-4 with the following specific modifications:
[Added 11-15-2004 by Ord. No. O-04-63]
(1)
Number of dwelling units: 208.
(2)
All proposed units within development shall be sold.
(3)
Maximum number of bedrooms per units: two.
(4)
Maximum number of dwelling units per building: 12.
(5)
Number of units required to be set aside for low-
and moderate-income buyers: zero.
(6)
The R-4 Garden Apartment Zone setback requirements
shall not be applied to property lines of the development coinciding
with municipal boundaries in the event a comprehensive and cohesive
development plan is approved on adjacent lands in the neighboring
municipality.
(7)
Areas to be utilized for detention and/or retention facilities as part of the stormwater management plan for the development shall be considered toward meeting the open space requirements of the R-4 Zone and § 188-178D, in the event locating such facilities outside of open space areas would result in the reduction of the number of units below 208.
(8)
Provided a comprehensive and cohesive development plan is approved on this property and on lands owned by the developer adjoining this property in the neighboring municipality, the requirements of § 188-178D may be met as applied to the entire property being developed in both municipalities.
(9)
Notwithstanding any other provisions of this chapter,
no fiscal, social or community impact statement shall be required
in connection with any development application related to the approval
of the development by the Planning Board.
(10)
No development application shall be deemed complete
unless it is consistent with the Settlement Agreement dated July 29,
1996, and any approval granted for development under this section
shall be conditioned upon compliance with each and every provision
of the Settlement Agreement.
[Added 10-20-2003 by Ord. No. O-03-37]
A.
Purpose. The purpose and intent of the R-5 District
is to provide for the development of an age-restricted housing project
in accordance with applicable federal laws and regulations. This may
include recreational facilities and other amenities for its residents.
B.
AGE-RESTRICTED HOUSING
RECREATIONAL FACILITIES
Definitions. The following terms shall apply to the
R-5 Residential Age-Restricted District:
A residential community that qualifies as 55 and over restricted
housing in accordance with the Federal Fair Housing Act, as amended.
May include items such as but not limited to buildings for
recreational uses, biking paths, walking paths, tennis courts, shuffleboard
courts, swimming pools, clubhouses, and similar recreational improvements
related to the age-restricted housing development.
D.
Tract requirements.
(1)
Ownership and control. The tract shall be under one
ownership or control by the applicant for purposes of obtaining all
required development approvals and committing the tract to the regulations
of the Residential Age-Restricted District.
(2)
Maximum tract density: 7.0 dwelling units per gross
acre but not to exceed a total of 100 residential units.
(3)
Minimum tract area: 10 acres.
(4)
Minimum tract frontage: 200 linear feet.
(5)
Minimum tract perimeter landscaping: 30 feet, which
may include fencing in addition to vegetative screening. All other
buffer or similar requirements set forth in this chapter or Chapter
247, Riparian Buffer/Stream Corridor, that are otherwise applicable
to residential zones shall not apply to the R-5 District.
(6)
Minimum tract open space: 25%.
E.
Area, yard and building requirements.
[Amended 10-5-2015 by Ord. No. O-15-38]
|
Minimum building setback from right-of-way
|
50 feet
| |
|
Minimum building setback from all other property
lines
|
30 feet
| |
|
Maximum lot coverage
| ||
|
Buildings
|
15%
| |
|
Impervious
|
25%
| |
|
Minimum distance between buildings
|
50 feet
| |
|
Maximum building height
|
45 feet
| |
|
Maximum stories
|
2 1/2 stories
| |
|
Maximum number of units per building
|
32
| |
F.
Minimum parking requirements. Parking spaces shall
be provided in accordance with the requirements of the New Jersey
Residential Site Improvement Standards (RSIS). Garden apartment ratios
shall be utilized in determining the minimum required number of off-street
parking spaces. Off-street parking spaces may be provided in surface
parking lots or underneath residential buildings.
G.
Deed restrictions. Approval of an age-restricted
housing project in the Township shall be conditioned upon the submission
by the applicant to the approving board attorney of restrictive covenants
on the deeds to any and all portions of a tract so developed, to insure
that qualifications under the Federal Fair Housing Act, as amended,
shall at all times be maintained.
H.
Dedication of open space. Open space on the tract
may be maintained by the owner, a tenant association, or condominium
association, or may be dedicated to the Township of Howell as determined
by the Planning Board. The area of such dedicated open space shall
continue to be considered as part of the tract area for purposes of
compliance with the R-5 Zone bulk regulations.
I.
Relationships to other sections this chapter. Where
the regulations of the R-5 Zone conflict with any other regulations
of this chapter, the regulations contained in this section for the
R-5 Zone shall apply.
[Added 4-24-2007 by Ord. No. O-07-13; amended 3-24-2009 by Ord. No. O-09-10]
A.
Purpose and intent. The PMU District is being created
to assist the Township in complying with its affordable housing obligations.
B.
Permitted uses. The following shall be permitted in
the PMU District:
(1)
Principal uses.
(a)
Residential rental dwelling units which may
be configured as single-family attached, townhomes (including "back-to-back"
or "stacked" configurations), and multifamily dwellings.
(b)
Commercial uses, including:
[1]
Retail sales and services.
[2]
Offices, including medical offices and centers,
professional services and financial institutions.
[3]
Restaurants and related food preparation, sales
and service establishments.
[4]
Entertainment uses.
[5]
Education uses including schools, training facilities,
day-care centers, and learning support centers.
[6]
Housing of worship, social services or related
government functions.
[7]
Special-needs residential facilities which provide
common living areas shared by a number of separate bedrooms as licensed
and permitted by the State of New Jersey.
[8]
In conjunction with the uses enumerated above,
provisions for drive-through, pickup or take-out facilities.
[9]
Microbrewery.
[Added 7-18-2017 by Ord.
No. O-17-22]
[10]
Schools, commercial.
[Added 7-18-2017 by Ord.
No. O-17-22]
(2)
Conditional uses: none.
(3)
Accessory uses. The following accessory uses
are permitted:
(a)
Sheds, decks, fences, signs and entry features
located in a manner that is consistent with a plan approved by the
Planning Board at the time the development receives its development
approvals which authorizes specific locations or typical locations
for each dwelling type. Sheds may only be for the storage of equipment
by the property owner and shall not be used as additional storage
for a tenant of any particular unit.
(b)
Recreation facilities, structures, buildings
and parks for the use of the residents of the community. Such open
space and community facilities must be owned, operated and maintained
by the property owner. Any community building may be used to provide
services and activities primarily for the benefit and enjoyment of
the residents of the community that may include such diverse activities
as medical screenings, classes or lectures whether provided for a
fee or free of charge, craft fairs or other temporary retail uses,
incidental sales of tickets for travel or events, etc.
(d)
Utilities and related services, such as transformers,
pumping stations, treatment facilities, meters, etc., necessary for
the proper distribution and monitoring of these services.
(e)
Sales and construction offices and storage of
materials and equipment associated with and necessitated by the development
of the tract for the uses approved by the Planning Board in conformance
with any phasing requirements set forth by the Board.
(f)
Off-street parking and loading areas consistent
with New Jersey's Residential Site Improvement Standards.
C.
Area, yard, bulk and architectural requirements. The
following tract requirements shall apply:
(1)
The following intensity and design ratios are
applicable to the entire tract and shall not be applied to any individual
lot or lots which may be created as part of the overall plan of development:
(a)
Maximum number of dwellings: 272.
[Amended 4-20-2015 by Ord. No. O-15-02]
(b)
Maximum commercial square footage: 30,000 square
feet.
(c)
Maximum building coverage: 30%.
(d)
Maximum impervious coverage: 70%.
(e)
An additional 46 fair market rate units, with a set-aside of
six affordable units shall be provided. In the event 44 fair market
rate units are approved, then there shall be a set-aside of four affordable
units.
[Added 4-20-2015 by Ord. No. O-15-02]
(2)
Landscape buffers and setbacks. A landscaped
buffer of a minimum width of 50 feet shall be provided along any tract
boundary, except where such boundary abuts public open space or lands
to be dedicated as public or private open space, in which instance
the required buffer shall not be less than 10 feet.
(3)
Setbacks applicable to buildings:
(a)
For residential buildings which front on streets
and in which the units are of a "through" configuration with portions
of the interior of the unit at both of the front and rear of the building
(i.e., single-family attached or townhomes, stacked townhomes and
flats. Back-to-back townhomes would use two front yard requirements.):
[1]
Minimum distance from cartway of internal street
with driveways: 25 feet.
[2]
Minimum distance from garage face to back of
sidewalk: 20 feet.
[3]
Minimum distance from cartway of internal street
side: 12 feet.
[4]
Minimum distance from side of building to side
of building: 30 feet.
[5]
Minimum distance from rear of building to side
of building: 40 feet.
[6]
Minimum distance from rear of building to rear
of building: 50 feet.
(b)
For all other residential or residential portions
of mixed-use buildings:
(4)
Recreational requirements.
(a)
Recreational facilities including sidewalks
and pedestrian pathways, small parks and gathering areas with seating,
picnic areas with graded grass areas for spontaneous activities and
other recreational amenities may be located within the development
at the discretion of the applicant.
(b)
Provision for long-term maintenance of all open
lands and recreational uses must be provided in a manner satisfactory
to the Planning Board, and the responsibility for the cost of such
maintenance shall be borne by the applicant.
(c)
Active recreational opportunities provided within
the residential community may be restricted against use by nonresidents
of the community if owned and maintained by the property owner and
shall be accessible to residents in perpetuity.
(5)
Additional architectural requirements.
(a)
Maximum height: two stories inclusive of the
garage level.
(b)
The commercial portion of the development otherwise
shall be exempt from the building design standards found in Ordinance
No. 0-06-32.[1] The residential portion of the development shall be exempt
from the building design standards found in Ordinance No. 0-06-32.
(c)
Mechanical equipment or other utility hardware
on roofs, the ground, or buildings shall be screened from public view
with materials harmonious with the building, or they shall be so located
as not to be visible from any public ways.
(6)
Additional requirements and exceptions from
other requirements.
(a)
The development application is exempt from review
related to the presence or absence of historic or cultural resources,
and is exempt from any municipal requirements pertaining to endangered
species or habitat.
(b)
The development application is exempt from any
generally applicable fees charged by the municipality for recreation,
tree replacement, open space preservation, or similar fees. No off-tract
infrastructure requirements may be assessed or assigned to the development
for any roadway improvements by the municipalities. Any off-site improvements
or payments in lieu thereof related to the provision of potable water
and sanitary service provision shall be imposed on a fair share basis
strictly in accordance with N.J.S.A. 40:55D-42.
(c)
The application must be based upon an overall
plan depicting the areas of commercial and residential development
for the tract as a whole. The Planning Board may not impose any specific
phasing requirement which links the date of occupancy of any or all
of the uses.
(d)
The affordable housing obligation for this tract
is 60 affordable family units which shall be deed restricted pursuant
to N.J.A.C. 5:80-26.1 et seq. and will comply with all of COAH's rules
with respect to accessibility.
(e)
As inclusionary development, all applications
are subject to the provisions of N.J.A.C. 5:97-8 et seq. which set
forth limitations on application requirements and provide a standard
of review for the Planning Board for necessary variances or deviations
necessary to accomplish the intent of this district.
[Added 10-20-2003 by Ord. No. O-03-37]
A.
Purpose. The purpose and intent of the R-6 District
is to permit single-family residential housing while also preserving
open space and environmentally sensitive land by means of cluster
development.
C.
Tract requirements.
(1)
Tract requirements. The tract shall be under one ownership
or control by the applicant for purposes of obtaining all required
development approvals and committing the tract to the regulations
of the R-6 District.
(2)
Maximum tract density: 0.65 dwelling unit per gross
acre.
(3)
Minimum tract area: 40 acres.
(4)
Minimum tract frontage: 500 linear feet.
(5)
Minimum perimeter buffer: 100 feet, except along Maxim
Southard Road, where a fifteen-foot landscaped buffer shall be required.
Buffers may be provided on single-family residential lots, or alternatively,
as part of the common/dedicated open space. All other open space,
buffer or similar requirements set forth in this chapter or Chapter
247 that are otherwise applicable to residential zones shall not apply
to the R-6 District, it being intended that the minimum buffer requirement
set forth in this subsection shall be the sole buffer requirement
in the R-6 District.
(6)
Minimum tract open space: 60%.
D.
Area, yard and building requirements.
|
Minimum lot area
|
12,000 square feet
| |
|
Minimum lot frontage
|
60 feet
| |
|
Minimum front yard setback
|
25 feet
| |
|
Minimum side yard setback
|
10 feet
| |
|
Minimum rear yard setback
|
30 feet
| |
|
Maximum lot coverage
| ||
|
Buildings
|
35%
| |
|
Impervious
|
60%
| |
|
Maximum building height
|
38 feet
| |
|
Maximum stories
|
2 1/2 stories
| |
|
Minimum accessory building setbacks
| ||
|
Side
|
5 feet
| |
|
Rear
|
5 feet
| |
E.
Minimum parking requirements. Parking spaces shall
be provided in accordance with the requirements of the New Jersey
Residential Site Improvement Standards (RSIS).
F.
Dedication of open space. Open space or buffers on
the tract may be owned and maintained by individual owners or a homeowners'
association, or may be dedicated to the Township of Howell as determined
by the Planning Board. The area of such dedicated open space shall
continue to be considered as part of the tract area for purposes of
compliance with the R-6 Zone bulk regulations.
G.
Relationships to other sections of this chapter.
Where the regulations of the R-6 Zone conflict with any other regulations
of this chapter, the regulations contained in this section for the
R-6 Zone shall apply.
A.
Purpose. The purpose of the NC District is to provide
for limited retail sales and services uses in areas where they presently
exist.
B.
Permitted uses.
(1)
Principal uses.
(a)
Retail sales and services.
(b)
Offices, fiduciary institutions.
(c)
Restaurants.
(d)
Community theaters and playhouses.
(e)
Adult day-care facilities.
[Added 4-9-2013 by Ord. No. O-13-07]
(f)
Microbrewery.
[Added 7-18-2017 by Ord.
No. O-17-19]
(g)
Schools, commercial.
[Added 7-18-2017 by Ord.
No. O-17-19]
(h)
Health club facilities/fitness centers.
[Added 7-12-2022 by Ord. No. O-22-41]
(i)
Craft distillery.
[Added 7-12-2022 by Ord. No. O-22-41]
(2)
Accessory uses: accessory uses customarily incidental
and ancillary to a permitted use.
A.
Purpose. The purpose of the HC Zone is to provide
for highway-oriented development in the Route 9 corridor on lots which
would not otherwise conform to the Highway Development Zone standards
due to the established pattern of lotting.
B.
Permitted uses.
(1)
Principal uses:
(a)
Offices.
(b)
Financial institutions.
(c)
Health-care facilities/medical centers.
[Amended 7-18-2017 by Ord. No. O-17-20]
(d)
Entertainment uses.
(e)
Retail sales.
(f)
Retail services.
(g)
Adult day-care facilities.
[Added 4-9-2013 by Ord. No. O-13-07]
(h)
Health club facilities/fitness centers.
[Added 7-18-2017 by Ord.
No. O-17-20]
(i)
Indoor recreation.
[Added 7-18-2017 by Ord.
No. O-17-20]
(j)
Microbrewery.
[Added 7-18-2017 by Ord.
No. O-17-20]
(k)
Schools, commercial.
[Added 7-18-2017 by Ord.
No. O-17-20]
(l)
Restaurants, with and without drive-through.
[Added 8-17-2021 by Ord. No. O-21-22]
(2)
Accessory uses: accessory uses customarily incidental
and ancillary to a permitted use.
A.
Purpose. The purpose of the HD-1 Zone is to provide
for highway-oriented development in the Route 9 corridor on larger
lots than permitted in the HC Zone.
B.
Permitted uses.
(1)
Principal uses:
(a)
Offices.
(b)
Financial institutions.
(c)
Health-care facilities/medical centers.
[Amended 7-18-2017 by Ord. No. O-17-18]
(d)
Hospitals.
(e)
Restaurants without drive-through or take-out.
(f)
Restaurants with drive-through or take-out.
(g)
Entertainment uses.
(h)
Retail sales.
(i)
Retail services.
(j)
Home improvement centers.
(k)
Tattoo and body piercing.
[Added 5-10-2011 by Ord. No. O-11-10]
(l)
Adult day-care facilities.
[Added 4-9-2013 by Ord. No. O-13-07]
(m)
Health club facilities/fitness centers.
[Added 7-18-2017 by Ord.
No. O-17-18]
(n)
Indoor recreation.
[Added 7-18-2017 by Ord.
No. O-17-18]
(o)
Microbrewery.
[Added 7-18-2017 by Ord.
No. O-17-18]
(p)
Schools, commercial.
[Added 7-18-2017 by Ord.
No. O-17-18]
(q)
Craft distillery.
[Added 2-23-2021 by Ord. No. O-21-6]
(r)
Assisted-living facilities.
[Added 2-23-2021 by Ord. No. O-21-6]
(s)
Self-storage facilities.
[Added 3-21-2023 by Ord. No. 23-6]
(2)
Accessory uses: accessory uses customarily incidental
and ancillary to a permitted use.
(3)
Conditional uses:
(a)
Houses of worship.
(c)
Auto sales.
(d)
Auto services.
(e)
Auto auctions.
(f)
Car washes.
(h)
Commercial breeders, dog kennels, shelters, pounds, dog training
facilities and pet shops.
[Added 12-15-2009 by Ord. No. O-09-59]
(j)
Automobile repair services/auto body.
[Added 7-18-2017 by Ord.
No. O-17-18]
[Added 12-12-2023 by Ord. No. 23-35]
A.
Purpose. The purpose of the HD-1S Zone is to provide for highway-oriented
development in the Route 9 corridor south of Lanes Mill Road.
B.
Permitted uses.
(1)
Principal uses:
(a)
Banquet/exhibition facilities.
(b)
Offices.
(c)
Financial institutions.
(d)
Health-care facilities/medical centers.
(e)
Hospitals.
(f)
Restaurants without drive-through or take-out.
(g)
Restaurants with drive-through or take-out.
(h)
Entertainment uses.
(i)
Retail sales.
(j)
Retail services.
(k)
Home improvement centers.
(l)
Tattoo and body piercing.
(m)
Adult day-care facilities.
(n)
Health club facilities/fitness centers.
(o)
Indoor recreation.
(p)
Microbrewery.
(q)
Schools, commercial.
(r)
Craft distillery.
(s)
Assisted living facilities.
(t)
Self-storage facilities.
(2)
Accessory uses: accessory uses customarily incidental and ancillary
to a permitted use.
(3)
Conditional uses:
(a)
Flex space.
(b)
All the conditional uses as per § 188-77B(3).
A.
Purpose. The purpose of the HD-2 Zone is to provide
for the appropriate nonretail development of the Route 33 corridor.
B.
Permitted uses.
(1)
Principal uses:
(a)
Offices.
(b)
Financial institutions.
(c)
Health-care facilities/medical centers.
[Amended 7-18-2017 by Ord. No. O-17-23]
(d)
Hospitals.
(e)
Restaurants without drive-through.
[Amended 8-12-2008 by Ord. No. O-08-23]
(f)
Adult day-care facilities.
[Added 4-9-2013 by Ord. No. O-13-07]
(g)
Health club facilities/fitness centers.
[Added 7-18-2017 by Ord.
No. O-17-23]
(h)
Indoor recreation.
[Added 7-18-2017 by Ord.
No. O-17-23]
(i)
Microbrewery.
[Added 7-18-2017 by Ord.
No. O-17-23]
(j)
Schools, commercial.
[Added 7-18-2017 by Ord.
No. O-17-23]
(k)
Retail sales.
[Added 7-18-2017 by Ord.
No. O-17-23]
(l)
Retail services.
[Added 7-18-2017 by Ord.
No. O-17-23]
(m)
Restaurants with drive through.
[Added 7-18-2017 by Ord.
No. O-17-23]
(2)
Accessory uses: accessory uses customarily incidental
and ancillary to a permitted use.
(3)
Conditional uses:
(a)
Church, synagogue or other place of worship.
[Amended 7-12-2022 by Ord. No. O-22-33]
(d)
Commercial breeders, dog kennels, shelters, pounds, dog training
facilities and pet shops.
[Added 12-15-2009 by Ord. No. O-09-59]
(f)
Used automobile auction sales.
[Added 7-12-2022 by Ord. No. O-22-33]
(g)
Sales and showrooms for new and used automobiles.
[Added 7-12-2022 by Ord. No. O-22-33]
(h)
Automobile service station.
[Added 7-12-2022 by Ord. No. O-22-33]
(i)
Automobile repair/auto body.
[Added 7-12-2022 by Ord. No. O-22-33]
(j)
Trade contractor business.
[Added 7-12-2022 by Ord. No. O-22-33]
(k)
Landscape business.
[Added 7-12-2022 by Ord. No. O-22-33]
[Added 4-24-2007 by Ord. No. O-07-10; amended 8-21-2007 by Ord. No. O-07-33; 8-12-2008 by Ord. No. O-08-23; 8-12-2008 by Ord. No. O-08-29; 5-19-2009 by Ord. No. O-09-21]
A.
Purpose. The purpose of the HD-3 Zone is to provide
for highway development along highway corridors that will provide
a balance of social, economic and cultural opportunities for residents
while maximizing existing transportation and other infrastructure
along highway corridors.
B.
Permitted uses.
(1)
Principal uses:
[Amended 12-11-2012 by Ord. No. O-12-22; 4-9-2013 by Ord. No.
O-13-07; 4-6-2015 by Ord. No. O-15-16]
(a)
Offices for business, professional, medical, governmental or
educational services.
(b)
Financial institutions.
(c)
Retail sales and services.
(d)
Health-care facilities/medical centers.
[Amended 7-18-2017 by Ord. No. O-17-17]
(e)
(Reserved)
(f)
Restaurants with or without drive-through facilities.
(h)
Adult day-care facilities.
(i)
Health club facilities/fitness centers.
[Added 7-18-2017 by Ord.
No. O-17-17]
(j)
Microbrewery.
[Added 7-18-2017 by Ord.
No. O-17-17]
(k)
Indoor recreation.
[Added 7-18-2017 by Ord.
No. O-17-17]
(l)
Schools, commercial.
[Added 7-18-2017 by Ord.
No. O-17-17]
(m)
Flex space.
[Added 6-14-2022 by Ord. No. O-22-30]
(2)
Accessory uses. Accessory uses customarily incidental
and ancillary to a permitted use.
(3)
Conditional uses:
(a)
Church, synagogue or other place of worship.
[Amended 6-14-2022 by Ord. No. O-22-30]
(b)
Day-care facilities.
[Amended 5-20-2014 by Ord. No. O-14-13; 4-6-2015 by Ord. No.
O-15-16]
(c)
Telecommunication facilities.
(f)
Used automobile auction sales.
[Added 6-14-2022 by Ord. No. O-22-30]
(g)
Sales and showrooms for new and used automobiles.
[Added 6-14-2022 by Ord. No. O-22-30]
(h)
Automobile service station.
[Added 6-14-2022 by Ord. No. O-22-30]
(i)
Automobile repair/auto body.
[Added 6-14-2022 by Ord. No. O-22-30]
(j)
Trade contractor business.
[Added 6-14-2022 by Ord. No. O-22-30]
(k)
Landscape business.
[Added 6-14-2022 by Ord. No. O-22-30]
C.
Nonresidential development. Unless otherwise provided in this section, the bulk standards for commercial development shall be the same as § 188-76, Highway Commercial Zone, and Schedule II, Bulk and Dimensional Requirements for Nonresidential Zones.[3]
[3]
Editor's Note: Schedule II is included as an attachment to this chapter.
D.
Preexisting
single-family residences. Unless otherwise provided in this section,
all preexisting single-family dwelling units shall be grandfathered
as a permitted use and shall be subject to the R4 bulk requirements
identified in Schedule II, Bulk and Dimensional Requirements for Residential
Zones, effective as of May 19, 2009.[4]
[4]
Editor's Note: Schedule II is included as an attachment to this chapter.
E.
Any age-restricted unit legally existing or having received preliminary or final approval as of May 19, 2009, shall be subject to the standards as identified within § 188-78.2, provided no further subdivision of land occurs.
F.
Age-restricted single-family developments and converted age-restricted
developments general requirements.
[Added 12-11-2012 by Ord. No. O-12-22; amended 4-6-2015 by Ord. No.
O-15-16]
(1)
Age-restricted single-family developments general requirements
are as follows:
(a)
Minimum tract area: 40 acres.
(b)
Total residential gross density shall not exceed three units
to the acre and no more than 200 units shall be provided as part of
a planned mixed-use age-restricted development and converted age-restricted
development.
(c)
Minimum tract frontage: 200 linear feet on a collector or arterial
roadway.
(d)
No residential structure shall be located closer than 400 feet
to the state highway.
(e)
A fifty-foot berm with landscaping and decorative fencing shall
be required along the state highway frontage.
H.
Planned mixed-use age-restricted developments and converted age-restricted
developments residential component standards.
[Added 12-11-2012 by Ord. No. O-12-22]
(1)
Purpose. The purpose and intent of this use is to enable the
development of planned age-restricted projects that address the needs
of active seniors by providing immediate access to cultural, commercial,
recreational and professional services, as well as access to transportation
services.
(2)
This subsection shall acknowledge that all prior approvals in
this zone shall remain valid and in full force and effect and all
valid preexisting nonconforming prior approvals in this zone.
(3)
ACTIVE SENIOR
CONVERTED AGE-RESTRICTED DEVELOPMENT
Definitions. The following terms shall apply to age-restricted
housing:
An adult of 55 years of age or older who may still be employed
full time and is capable of independent living (not requiring assistance)
who may utilize the recreational amenities available in the development.
A development which was first approved as an age-restricted
development but was later lawfully converted to a non-age-restricted
development pursuant to the enabling statute.
(4)
Permitted principal uses:
(5)
Required open space and recreational facility requirements:
(a)
Eight-hundred square feet of usable land shall be provided per
dwelling unit in the form of usable open space for neighborhood commons,
greens or gardens. Open space shall not be inclusive of wetland areas.
(b)
Recreational facilities. All recreational facilities shall adhere
to the standards set forth in the Barrier Free Subcode of the Uniform
Construction Code of the State of New Jersey and all other applicable
codes and standards.
(7)
Ownership, management and maintenance.
(a)
The applicant shall establish a homeowners' or occupants' association,
which shall be responsible for the following:
[1]
Management of roadway, recreation facilities, security,
internal transportation and open space, which shall be owned and maintained
by the association and include all residents. Notification of this
provision is to be included in the contract of sale and/or rent for
each dwelling unit.
[2]
The association shall own and be responsible for
the maintenance, repair and reconstruction of all buildings and lands
owned by the residents of the community in common with one another.
Such lands shall include, at a minimum, all recreational areas, open
space, and drainage facilities required by the Township Planning Board.
[3]
All open space areas shall be protected by legal
arrangements, satisfactory to the Planning or Zoning Board Attorney,
sufficient to assure their maintenance and preservation for their
intended purpose.
[4]
Covenants or other legal arrangements, including
associations, shall specify ownership of the area; method of maintenance;
responsibility for maintenance; maintenance taxes and insurance; compulsory
membership and compulsory assessment provisions; guarantees that any
association formed to own and maintain the area will not be dissolved
without the consent of the Township Planning Board; and any other
specifications deemed necessary by the Planning Board.
(8)
Affordable housing.
(a)
Each proposal shall provide for affordable housing equal to
a minimum of 20% of the total number of units proposed to be developed
in the planned mixed-use age-restricted developments and converted
age-restricted developments or pay applicable development fees. Affordable
units may be situated in higher-density forms of permitted residential
units, such as attached townhouse units, semidetached ("twin") homes,
and/or duplexes. All affordable units must qualify as "family" units
under applicable affordable housing regulations of the State of New
Jersey, except that the Planning Board may approve other types of
affordable units should the Township's Housing Plan change as a result
of new state affordable housing requirements.
[Amended 4-6-2015 by Ord. No. O-15-16]
(b)
Eighty percent of the affordable family units must contain no
more than two bedrooms and 20% of the affordable family units must
contain no more than three bedrooms.
I.
Planned mixed-use age-restricted developments and converted age-restricted
developments residential component design requirements.
[Added 12-11-2012 by Ord. No. O-12-22]
(1)
Residential building types shall be limited to detached single-family
dwellings on fee-simple lots, except that higher-density building
types such as semidetached single family "twins" (single-family on
fee-simple lot attached on one side to another single-family unit
on a separate fee-simple lot), attached townhouse units, or duplexes
(two units on one lot) may be used to provide affordable units required
in this section.
(2)
The following accessory uses are permitted:
(a)
Common recreational facilities, recreation centers and/or clubhouses
as specifically approved by the Board within specified open space
areas in order to satisfy the needs of the residential population
within the subject portion of the development.
(b)
Landscaping features including benches, trellises, gazebos and
other such features customarily associated with residential uses,
as the case may be.
(c)
Fences, walls and retaining walls if specifically approved by
the Board as part of the site plan approval.
(d)
Off-street parking and private garages in accordance with Article XIV entitled "Residential Design Standards," of the Revised General Ordinances of the Township of Howell.
(e)
Not more than one vestibule attachment between a principal building
and a detached garage. For purposes of this subsection, such vestibule
attachment may be enclosed, but shall not cause the detached garage
to be deemed part of the principal building for purposes of setback
requirements.
(g)
Sanitary sewer pumping stations, if required.
(3)
Building height and design requirements for single-family detached
units.
(a)
No single-family detached or semidetached units shall exceed
35 feet in height and 2 1/2 stories. For the purposes of this
subsection, the determination of height and number of stories shall
be made from the average elevation from the finished grade to the
mean roofline along the front facade of the dwelling facing a public
street. A "basement" or "cellar" that has less than half of its floor
to ceiling height above the finished grade along the front facade
of the dwelling facing a public street shall not be counted as a story
or half story for purposes of this subsection, notwithstanding other
provisions of this chapter.
(b)
No new accessory building shall exceed 15 feet in height, except
that a detached garage may be 25 feet in height for purposes of an
accessory use such as attic storage or finished work space above the
garage.
(c)
All new single-family units within a planned mixed-use age-restricted
development and converted age-restricted development shall be totally
covered by a true and complete gable, hip or gambrel roof.
(d)
All buildings shall be set back at least 75 feet from all noninternal
roadways.
(e)
Bulk and dimensional requirements for single-family and duplex
residential units are as follows:
|
Standard
|
Required for Duplex
|
Required for Single-Family Semidetached (Twin)
|
Required for Single-Family Detached
| |
|---|---|---|---|---|
|
Minimum lot size
|
5,500 square feet
|
4,000 square feet per unit
|
6,500 square feet
| |
|
Minimum lot width
|
50 feet
|
40 feet
|
60 feet
| |
|
Minimum lot depth
|
100 feet
|
100 feet
|
100 feet
| |
|
Principal building
| ||||
|
Front yard setback
|
20 feet
|
20 feet
|
20 feet
| |
|
Side yard minimum
|
6 feet
|
0 feet
|
10 feet
| |
|
Side yard aggregate
|
14 feet
|
20 feet
|
20 feet
| |
|
Rear yard minimum
|
25 feet
|
25 feet
|
25 feet
| |
|
Accessory building
| ||||
|
Side yard minimum
|
5 feet
|
0 feet
|
3 feet
| |
|
Rear yard minimum
|
3 feet
|
5 feet
|
5 feet
| |
|
Maximum building coverage
|
50%
|
50%
|
50%
| |
|
Maximum lot coverage
|
65%
|
65%
|
65%
| |
|
Minimum parking requirements
| ||||
|
Two-Bedroom
|
1.5 spaces
|
1.5 spaces
|
1.5 spaces
| |
|
Three-or-more bedroom
|
2.0 spaces
|
2.0 spaces
|
2.0 spaces
| |
(4)
Building height and design requirements for townhouses.
(a)
No townhouses shall exceed 35 feet in height and 2 1/2
stories.
(b)
No new accessory building, as may be approved by the Planning
or Zoning Board, shall exceed 15 feet in height and one story.
(c)
All new townhouses within a planned mixed-use age-restricted
development and converted age-restricted development shall be totally
covered by a true and complete gable, hip or gambrel roof.
(d)
All buildings shall be set back at least 100 feet from all noninternal
roadways.
J.
General requirements for residential component of planned mixed-use
development and converted age-restricted development.
[Added 12-11-2012 by Ord. No. O-12-22]
(1)
No development or improvements, except as approved access drives,
fences, walls, plantings or signs, shall be permitted within 100 feet
of Route 33.
(2)
A buffer area of 50 feet in width, exclusive of any portion
of fee-simple single-family residential lots or commercial building
setbacks, shall be provided along any tract boundary line abutting
a residential use. The buffer area requirement may be reduced to 25
feet if the Board determines sufficient buffer exists on the adjoining
tract(s).
(3)
Any existing mature trees within the buffer areas shall be preserved
and shall be supplemented with the planting of a buffer screening,
which shall be at least 25 feet in width, consisting of densely planted
evergreen trees at least six feet high at the time of planting, deciduous
trees, and a mixture of evergreen and deciduous shrubbery.
(4)
Where environmental conditions permit, earthen berms at least
four feet high shall be provided, if deemed appropriate by the Board
with the advice of the Township certified/licensed tree expert.
(5)
Any residential component of a planned mixed-use age-restricted
development and converted age-restricted development shall strive
to maintain the existing topographic contour and vegetation on site
where possible. All disturbed portions of the tract not utilized by
buildings or paved surfaces shall be landscaped utilizing combinations
such as landscaped fencing, shrubbery, lawn areas, ground cover, rock
formations, contours, existing foliage, and the planting of conifers
and/or deciduous trees native to the area in order to either maintain
or reestablish the tone of the vegetation in the area and lessen the
visual impact of the structures and paved areas.
(6)
Any residential component of a planned mixed-use age-restricted
development and converted age-restricted development shall be conceived,
designed and approved as a single entity which shall be planned and
developed with a common architectural theme subject to review and
approval by the Board; the architectural theme shall be consistent,
as appropriate, with the Township's design standards, as amended,
with regard to the appearance of buildings, signage, fencing, lighting,
paving, curbing, walkways and landscaping.
(7)
All residential units shall be connected to an approved public
water and sanitary sewer system.
(8)
The design of residential development within a planned mixed-use
age-restricted development and converted age-restricted development
shall be pedestrian friendly, with a continuous pedestrian walkway
system, including jogging and bicycle paths through open space lands
and sidewalks provided on both sides of all internal streets and crosswalks
at all intersections. Where sidewalks are not required, the Board
may require the installation of trails and paths to provide pedestrian
linkage to commercial areas and site amenities.
(9)
Traffic controls governing access to the planned mixed-use age-restricted
development and converted age-restricted development deemed necessary
by NJDOT shall commence construction prior to the issuance of 50%
of the building permits for the total number of approved residential
units. Upon commencement of construction of the required traffic controls,
the issuance of building permits may continue.
K.
Parking requirements.
[Added 12-11-2012 by Ord. No. O-12-22]
(1)
Any recreation center or clubhouse shall be provided a minimum
of 0.10 off-street parking space per dwelling unit, which parking
shall serve the recreation center or clubhouse and accommodate visitors
to the residents within the residential component of the planned mixed-use
age-restricted development and converted age-restricted development.
(2)
No off-street parking area shall be located within 50 feet of
any tract boundary.
L.
Signage.
[Added 12-11-2012 by Ord. No. O-12-22]
(1)
Gateway identification signage is permitted at the main entrance
road to the residential component of the planned mixed-use age-restricted
development and converted age-restricted development equal to one
freestanding sign, not exceeding 36 feet in area, on each side of
the main entrance road. The sign shall be designed within a decorative
fence and/or wall feature not exceeding seven feet in height, set
back so as not to impair sight lines from any street or driveway.
The sign shall be used solely to identify the name of the development.
(2)
Gateway identification signage is permitted at secondary entrance
roads to the residential component of the planned mixed-use age-restricted
development and converted age-restricted development equal to one
freestanding sign, not exceeding 30 square feet in area, on each side
of the secondary entrance road. The sign shall be designed within
a decorative fence and/or wall feature not exceeding six feet in height,
set back so as not to impair sight lines from any street or driveway.
The sign shall be used solely to identify the name of the development.
(3)
Additionally, information and directional signs, each not more
than three feet in height and 10 square feet in area, shall be permitted,
where appropriate and as approved by the Board, in order to guide
traffic to its intended destination in a safe and convenient manner.
[Added 6-14-2022 by Ord.
No. O-22-28]
A.
Purpose. The purpose of the HD-4 Zone is to provide for highway development
along Route 33 that will provide a balance of social, economic and
cultural opportunities for residents while maximizing existing transportation
and other infrastructure along the Route 33 corridor.
B.
Permitted uses.
(1)
Principal permitted uses.
(a)
Offices for business, professional, or governmental services.
(b)
Financial institutions.
(c)
Retail sales and services.
(d)
Health-care facilities/medical centers.
(e)
Restaurants with or without drive-through facilities.
(f)
Adult day-care facilities.
(g)
Health club facilities/fitness centers.
(h)
Microbrewery.
(i)
Craft distillery.
(j)
Indoor recreation.
(k)
Schools, commercial.
(l)
Entertainment uses.
(m)
Flex space.
(n)
Assisted living facility.
(o)
Self-storage facility.
(2)
Accessory uses: accessory uses customarily incidental and ancillary
to a permitted use.
(3)
Conditional uses.
(a)
Churches, synagogues and other places of worship.
(b)
Telecommunication facilities.
(c)
Gasoline station convenience center.
(d)
Warehousing.
(e)
Distribution.
(f)
Sales and showrooms for used and new automobiles.
(g)
Used automobile auction sales.
(h)
Automobile repair services/auto body.
(i)
Automobile service station.
(j)
Car washes.
(k)
Landscape business.
(l)
Trade contractor business.
C.
Bulk and dimensional requirements. Unless otherwise provided in this section, the bulk standards for commercial development shall be the same as § 188-78.2, Highway Development 3 (HD-3), as listed in Chapter 188, Schedule II, Bulk and Dimensional Requirements, Nonresidential Zones.[1]
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
D.
Preexisting single-family residences. Unless otherwise provided in this section, all preexisting single-family dwelling units shall be grandfathered as a permitted use and shall be subject to the R4 bulk requirements identified in Chapter 188, Schedule II, Bulk and Dimensional Requirements, Residential Zones.[2]
[2]
Editor's Note: Schedule II is included as an attachment to this chapter.
[Amended 4-22-2002 by Ord. No. O-02-08; 10-20-2009 by Ord. No.
O-09-52]
A.
Purpose. The purpose of the SED Zone is to provide
for a variety of economic development opportunities in areas of the
Township where rail and highway infrastructure are readily available.
(See Schedule II, Bulk and Dimensional Requirements, for the SED Zone.[1])
[Amended 5-24-2011 by Ord. No. O-11-13]
[1]
Editor’s Note: Schedule II is included as an attachment to this chapter.
B.
Permitted uses.
(1)
Principal
uses:
(a)
Offices.
(b)
Financial institutions.
(c)
Health-care facilities/medical centers.
[Amended 7-18-2017 by Ord. No. O-17-21]
(d)
Warehousing and distribution.
(e)
Assembly and packaging.
(f)
Utility uses.
(g)
Agriculture, forestry and agricultural services.
(h)
Manufacturing food and kindred products.
(i)
Manufacturing textile products.
(j)
Manufacturing apparel and similar finished products made from fabrics.
(k)
Manufacturing lumber and wood products.
(l)
Manufacturing furniture and fixtures.
(m)
Manufacturing paper and allied products.
(n)
Manufacturing printing and publishing.
(o)
Manufacturing leather products.
(p)
Manufacturing stone, glass and clay.
[Amended 7-18-2017 by Ord. No. O-17-21]
(q)
Manufacturing fabricated metal products.
(r)
Manufacturing electronic and electrical equipment.
(s)
Manufacturing photographic equipment, medical, optical goods, watches,
clocks.
(t)
Construction.
(v)
Solar energy generation facilities.
[Added 5-24-2011 by Ord. No. O-11-13]
(w)
Microbrewery.
[Added 7-18-2017 by Ord.
No. O-17-21]
(x)
Health club facility/fitness centers.
[Added 12-11-2018 by Ord.
No. O-18-35]
(2)
Design
standards for solar energy generation facilities.
[Added 5-24-2011 by Ord. No. O-11-13[2]]
(a)
Ground-mounted systems shall provide emergency vehicle access
to all components as per the New Jersey State Fire Code, Section 305,
"Fire Apparatus Access Roads."
(b)
Except pursuant to a permit issued by the New Jersey Department
of Environmental Protection, ("NJDEP"), no portion of a solar energy
generation facility shall occupy areas of land designated and regulated
by NJDEP as floodplains, flood hazard areas, wetlands, wetland transition
areas or riparian corridors. An applicability determination from the
NJDEP shall be provided to document the presence and/or absence of
these regulated areas. Except pursuant to a permit issued by NJDEP,
a three-hundred-foot buffer shall be maintained between NJDEP-designated
Category One waters, as defined in the existing Surface Water Quality
Standards rules at N.J.A.C. 7:9B-1.4, and any portion of proposed
solar energy generation facility. Category One waters include, and
may not be limited to, the Metedeconk River and the Manasquan Reservoir.
(c)
Solar energy generation facilities shall be screened from the
public traveled way (public roads, trails, navigable waterways, scenic
highways and by ways), publicly owned properties, open space, preserved
farmland and historic resources, including sites and buildings listed
or eligible for listing on the State and National Registers of Historic
Places.
[1]
Installations shall be sited behind existing vegetation, which
shall be supplemented with landscaping to shield the installation
from public view.
[2]
To the extent achievable, solar energy facilities shall be sited
using the natural topography to screen the energy project from public
view and the view of any adjoining residences.
[3]
Decommissioning plan. All applications for a solar energy generation
facility shall be accompanied by a decommissioning plan to be implemented
upon abandonment, or cessation of activity, or in conjunction with
removal of solar energy systems. The decommissioning plan shall be
submitted in accordance with the requirements of this Subsection B(5)(c)[3].
Prior to removal of solar energy systems, a demolition permit for
removal activities shall be obtained from the Howell Township construction
official. Prior to issuance of a demolition permit, the owner or operator
of the facility shall post a performance bond, cash or letter of credit
to ensure removal of the facility or systems in accordance with the
decommissioning plan. Removal of solar energy systems shall be conducted
by an electrician licensed in the State of New Jersey.
[a]
Solar and photovoltaic energy facilities and structures
(roof or ground) which have not been in active and continuous service
for a period of one year shall be removed from the property to a place
of safe and legal disposal in accordance with a decommissioning plan.
[b]
If the applicant ceases operation of the energy
project for one year; or begins, but does not complete, construction
of the project within 180 days of receipt of final site plan approval,
the applicant shall restore the site according to a decommissioning
plan prepared by the applicant and approved by the Board. The applicant
shall submit a decommissioning plan that ensures that the site will
be restored to a useful, nonhazardous condition without significant
delay, including but not limited to the following:
[i]
Removal of aboveground and underground equipment, structures
and foundations to a depth of at least three feet below grade. Underground
equipment, structures and foundations need not be removed if they
are at least three feet below grade and do not constitute a hazard
or interfere with agricultural use or other resource uses of the land.
The plan shall describe the means by which all equipment and components
of the system(s) shall be disposed of in an environmentally responsible
manner and in accordance with prevailing federal, state and/or local
regulations.
[ii]
Restoration of the surface grade and soil after removal of aboveground
structures and equipment.
[iii]
Restoration of surface grade and soil.
[iv]
Revegetation of restored soil areas with native seed mixes and
plant species suitable to the area, which shall not include any invasive
species. In farmland areas, the revegetation component of the decommissioning
plan should include provisions to resume agricultural use of the site.
[v]
The plan may provide for the retention of access roads, fences,
gates or buildings in place or regarding restoration of agricultural
crops or forest resource land.
[vi]
The plan must provide for the protection of public health and
safety and for protection of the environment and natural resources
during site restoration.
[vii]
The plan must include a schedule for completion
of site restoration work.
[c]
A cost estimate shall be provided for the cost
of fully implementing the decommissioning plan prior to the issuance
of a demolition permit. The cost estimate shall be subject to review
and approval by the Township Engineer.
[d]
Before beginning any decommissioning activities,
the applicant must submit a performance bond, cash or letter of credit
in a form and amount satisfactory to the Township Attorney, which
shall be based upon an estimate approved by the Board Engineer, assuring
the availability of adequate funds to restore the site to a useful,
nonhazardous condition in accordance with the decommissioning plan.
[e]
Upon cessation of activity for a cumulative period
of 180 days of construction or installation activities of an approved
solar energy system, the Township may notify the owner and/or the
operator of the facility to complete construction and installation
of the facility. If the owner and/or operator fails to complete construction
and installation activities within 180 additional days, the Township
may order the owner and/or operator of the facility to implement the
decommissioning plan. Within six months of notice being served, the
owner and/or operator shall substantially complete all activities
in the decommissioning plan.
[f]
Upon cessation of activity of a fully constructed
solar energy system for a cumulative period of one year, the Township
may notify the owner and/or the operator of the facility to implement
the decommissioning plan. Within 180 days of notice being served,
the owner and/or operator shall either resume energy generation to
at least eighty-percent capacity of the facility or system as established
at the time of approval, or fully implement the decommissioning plan.
If, within 180 days of receipt of notice, the owner and/or operator
of the facility or system fail to resume energy generation to at least
80% of capacity of the facility or system as established at the time
of approval, the Township may order the owner and/or operator of the
facility to implement the decommissioning plan.
[g]
If the operator fails to fully implement the decommissioning
plan subject to the procedures and timeliness set forth in Subsection
B(5)(c)[3][e] and [f] above, or is otherwise unable to restore the
site as required within 180 days of the Township's service of notice
in accordance with this Subsection B(5)(c)[3], the Township may, at
its own expense, provide for the restoration of the site in accordance
with the decommissioning plan and may in accordance with the law recover
all expenses incurred for such activities.
(3)
Accessory
uses:
(a)
Accessory uses customarily incidental and ancillary to a permitted
use.
(b)
Outdoor storage shall be permitted in a screened rear yard only.
No outdoor storage shall be permitted in association with a multipurpose
recreation and sports complex.
(c)
Retail use shall be permitted as an accessory use to a permitted
warehousing/distribution facility, provided the percent of floor area
devoted to retail use shall be limited to 1,000 square feet or 5%
of the gross floor area, whichever is less.
[Amended 11-1-2011 by Ord. No. O-11-42]
(6)
Multitenant
structures in the SED Zone. All structures shall be devoted to a single
user; provided, however, that in buildings with a gross floor area
in excess of 40,000 square feet, multiple tenants shall be permitted,
provided that the minimum tenant space shall not be less than 5,000
square feet.
[Added 3-19-2013 by Ord. No. O-13-06; amended 6-14-2022 by Ord. No. O-22-23]
A.
Applicability. The Special Economic Development Zone-1 shall be applied
to various properties throughout the Township as deemed appropriate
in the Master Plan and by the governing body of the Township of Howell.
B.
Permitted uses.
(1)
Principal uses:
(a)
(Reserved)
(b)
Active and passive recreation uses.
(c)
Offices.
(d)
Financial institutions.
(e)
(Reserved)
(f)
Healthcare facilities/medical centers.
(g)
Assembly and packaging.
(h)
Utility uses.
(i)
Agriculture, forestry and agricultural services.
(j)
Manufacturing food and kindred products.
(k)
Manufacturing textile products.
(l)
Manufacturing apparel and similar finished products made from
fabrics.
(m)
Manufacturing lumber and wood products.
(n)
Manufacturing furniture and fixtures.
(o)
Manufacturing paper and allied products.
(p)
Manufacturing printing and publishing.
(q)
Manufacturing leather products.
(r)
Manufacturing stone, glass and clay.
(s)
Manufacturing fabricated metal products.
(t)
Manufacturing electronic and electrical equipment.
(u)
Manufacturing photographic equipment, medical, optical goods,
watches, clocks.
(v)
Construction.
(x)
Solar energy generation facilities.
(y)
Microbrewery.
(z)
Health club facility/fitness centers.
(aa)
Self-storage facilities.
(2)
Design standards for solar energy generation facilities per § 188-79B(2).
C.
Bulk and dimensional standards: The bulk and dimensional standards shall be the same as the Special Economic Development (SED) Zone as listed in Chapter 188, Schedule II, Bulk and Dimensional Requirements, Nonresidential Zones.[1]
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
[Added 6-14-2022 by Ord.
No. O-22-25]
A.
Purpose. The purpose of the SED-2 Zone is to allow some of the uses
in the SED District but remove all forms of warehousing and permit
self-storage facilities as principally permitted uses.
B.
Permitted uses.
(1)
Principal uses:
(a)
Offices.
(b)
Financial institutions.
(c)
Healthcare facilities/medical centers.
(d)
Self-storage facilities.
(e)
Utility uses.
(f)
Agriculture, forestry and agricultural services.
(g)
Manufacturing fabricated metal products.
(h)
Construction yard.
(j)
Solar energy generation facilities.
(k)
Microbrewery.
(l)
Craft distillery.
(n)
Health club facility/fitness centers.
(o)
Assembly/packaging.
[Added 11-23-2022 by Ord. No. O-22-69]
(2)
Design standards for solar energy generation facilities.
(a)
All the design standards as per § 188-79B(2).
(5)
Prohibited uses:
(a)
All the prohibited uses as per § 188-79B(5).
C.
Bulk and Dimensional Standards: The bulk and dimensional standards shall be the same as the Special Economic Development (SED) Zone as listed in Chapter 188, Schedule II, Bulk and Dimensional Requirements, Nonresidential Zones.[2]
[2]
Editor's Note: Schedule II is included as an attachment to this chapter.
A.
Purpose. The purpose of the MHP Zone is to provide
a reasonable opportunity for the construction, maintenance and operation
of a mobile home park as herein defined. The MHP Zone shall include
the following lands in the Township of Howell:
|
Block
|
Lot
|
|---|---|
|
138
|
40, 41, 45
|
|
183
|
108
|
|
109
|
39, 40
|
|
37
|
26, 39
|
|
38
|
25
|
B.
MOBILE HOME
MOBILE HOME ACCESSORY BUILDING OR STRUCTURE
MOBILE HOME PARK
MOBILE HOME SPACE
TRAILER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A factory-assembled structure or structures equipped with
the necessary service connections and made so as to be readily movable
as a unit or units and designed to be used as a dwelling unit for
one or more persons or family unit(s) and with or without a permanent
foundation, when located in a licensed mobile home park.
Any awning, cabana, ramada, storage cabinet, shed, carport,
or porch established by and for the use of the occupant of the mobile
home.
Any lot or contiguous parcel of land and premises where the
owner, lessee, or other person having control thereof shall offer
sites for mobile homes and trailers on a rental or lease or other
basis, and shall include any building, structure, vehicles or enclosure
used or intended for use as part of the equipment of such mobile home
park.
A designated portion, lot or site within a mobile home park
designed for the accommodation of one mobile home or trailer and its
accessory buildings or structures for the exclusive use of its occupants
for living and dwelling purposes.
A vehicular unit mounted on wheels designed to provide living
quarters. "Trailer" shall not, for the purposes of this section, mean
a vehicular unit mounted on wheels designed to provide temporary living
quarters for recreational, camping, or travel use of such size or
weight as not to require special highway movement permits when drawn
by a motorized vehicle, and with a living area of less than 220 square
feet, excluding built-in equipment and bathrooms.
C.
Resolution of conflicting provisions. Notwithstanding
the provisions of any other ordinance to the contrary, the provisions
of this section shall apply to development within the MHP Zone.
D.
Principal uses.
(2)
Permitted accessory uses:
(a)
Buildings for purposes of sales, lease or rental
of mobile home spaces, mobile homes, trailers, related and/or accessory
equipment and supplies including vending facilities for same.
(b)
Offices for the administrative and operation
of the mobile home park.
(c)
Laundry facilities.
(d)
Recreation facilities and community centers.
(e)
Garage and storage facilities.
(f)
Parking areas.
(g)
Utility facilities required to provide services
such as transformers, water storage facilities and pumping stations.
(h)
Garbage collection areas.
(i)
Barns, silos, stalls and other farm buildings.
(j)
Patios, porches, tennis courts and swimming
pools with single-family homes.
E.
Design standards.
(1)
Minimum lot area: 20 acres.
(2)
Minimum mobile home space area: 1,925 square feet.
(4)
Maximum number of mobile home spaces: one per 3,500
square feet of lot area. Lot area used in this calculation shall be
reduced by:
(5)
Clearance between mobile homes: 20 feet.
(8)
Mobile home spaces shall face or abut a driveway of
not less than 40 feet in width when parking is permitted on both sides,
34 feet when parking is permitted on one side or 30 feet when parking
is prohibited on both sides, giving easy access from all mobile homes
or trailers to a public street.
(9)
For every mobile home space, adequate concrete foundations
sufficient to support mobile homes or trailers will be provided.
(10)
Each mobile home space shall be identified with
a number on a permanent marker plainly visible from the driveways
within the park. Numbering of spaces shall be done in a consistent
and logical manner to facilitate postal delivery, fire, ambulance
and police access.
(11)
An adequate supply of pure water for drinking
and domestic purposes shall be provided by pipes to all buildings
and mobile home spaces within the park and all installations shall
meet the requirements of controlling codes and approved by the Township
Engineer. Each mobile home space shall be provided with a cold water
tap at least four inches above the ground and all pipes leading from
the water supply source to said tap shall be installed below ground-frost
level. Any service buildings shall provide an adequate supply of hot
water for all necessary purposes.
(12)
Play space or spaces for children and/or open
spaces shall be provided in the park. The total area of such play
space or play spaces and/or open spaces shall be not less than 200
square feet for each mobile home space. Such play space shall not
be located within a flood-prone area or inland wetlands areas.
(13)
Laundry facilities within a park must provide
at least one automatic washer for each 25 spaces or any fraction thereof,
based on the total capacity according to approved plans of said park.
Service buildings housing laundry facilities shall be a permanent
structure complying with all applicable ordinances and statutes regulating
building, electrical installations and plumbing and sanitation systems.
Floors shall be of concrete, tile or similar material impervious to
water and easily cleaned and pitched to a floor drain. The laundry
facility shall contain a utility sink, and the disposal of wastewater
from washers and utility sinks shall discharge into public sewers.
(14)
Sewage and refuse disposal. Waste from sinks,
showers, bathtubs, toilets, utility sinks and laundries shall be discharged
into a sanitary sewer system.
(15)
In no case shall any waste and excess water
be thrown or discharged upon the surface of the ground or disposed
of by means other than herein provided.
(16)
An adequate means of refuse collection must
be provided.
(17)
Walkways along roadways, which shall include the area of the sidewalk plus the width of the curb, shall be not less than three feet wide (combined) and shall be comprised of either concrete or asphalt. Such walkways shall be well lighted as set forth in Subsection E(18) hereinafter. Curb and sidewalk combinations shall be not less than three feet in width along individual driveways. Such walkways shall be equipped with proper lighting for safety.
(18)
Lighting for driveways and walkways within the
park shall provide for lights focused downward, translucent fixtures
and shielding, or such other light orientation and shielding so as
to minimize light spillage into the residential areas of the park.
The light intensity provided at ground level shall be of a minimum
of 0.3 footcandle over the entire area of the driveways and walkways.
No light source shall exceed a height of 15 feet. The interval between
light sources shall not be greater than 150 feet. For each light fixture
the total quantity of light radiated above a horizontal plane passing
through the light source shall not exceed 7 1/2% of the total quantity
of light emitted from the light source. No light shall shine directly
into windows or onto streets and driveways in such a manner as to
create a nuisance or interfere with or distract driver vision.
F.
Special provisions for Block 138, Lots 40, 41 and
45 (formerly known as Site 4).
[Added 11-15-2004 by Ord. No. O-04-63]
(1)
The requirements of this existing zone are modified
for this specific property to permit a density of 300 mobile home
park units with 35 moderate-income units established under the regulations
of COAH. Only the rentals for the 35 pads are subject to the affordability
controls. The mobile homes are not subject to price or resale controls.
The initial price and any subsequent increase of pad rental shall
be established in accordance with N.J.A.C. 5:92-12.4 and 12.5, except
that the transferees of Howell Residential Court who presently are
entitled to a rent abatement until January 1, 1991, pursuant to the
consent order dated February 13, 1986, in the Township of Howell v.
Howell Residential Court, Docket No. C-5208-83E shall, as of January
1, 1991, have their rent adjusted as an initial rent being set in
1991 to a level not higher than that permitted under the cited COAH
regulations herein. The affordability controls for the 35 trailer
pads shall be in effect for 20 years pursuant to N.J.S.A. 5:92 - Subchapter
XII and all amendments.
(2)
Notwithstanding the foregoing, the monthly rental
cost of the mobile home pad and any outstanding amortization of the
mobile home loan in total shall not exceed 30% of the appropriate
moderate-income housing size as related to the number of bedrooms,
pursuant to N.J.S.A. 5:92-12.4, initial pricing.
A.
Purposes. The purpose of the RRC Zone is to continue
the rural character of Howell Township through the employment of combined
recreational and residential uses in order to maximize open space,
recreational and residential uses in order to maximize open space,
recreational area and the preservation of the environment. Within
this zone a combination of single detached family dwellings, as well
as certain recreational structures, may be permitted. The issuance
of building permits shall be contingent upon prior approval of an
overall development plan that satisfies the special requirements and
standards established for this zone to ensure adequate open space,
appropriate densities, proper ingress, egress and circulation of traffic.
The intent of this zone is to encourage the use of imaginative design,
to provide adequate open space, recreational areas and preservation
of the environment.
B.
Permitted uses.
(1)
Principal uses:
(a)
All uses permitted in the ARE-3 Zone, provided
that said uses shall comply with all of the requirements of the ARE-3
Zone, including but not limited to bulk requirements for area, frontages,
setbacks and the like.
(b)
Recreational-residential communities as defined
in this chapter and in conformance with the specific bulk development
standards as hereinafter set forth, and with an overall master development
plan.
(2)
Accessory uses:
(a)
Barns, silos, stalls, farm and other creation
maintenance buildings.
(b)
Tennis courts, swimming pools and uses customarily
associated with the above permitted uses, provided that such accessory
uses are subordinate to the principal use and do not change the character
of the principal use and serve only the principal use.
(c)
Recreational facilities and structures intended
for the use of residents of the recreational-residential community,
club members and their guests.
(d)
Appurtenant personal service establishments.
(e)
Facilities and structures related and appurtenant
to the recreational uses, including a clubhouse which may include
a central dining room, lounge, pro shop, locker and shower areas,
and a central office area related directly to the activities and management
of the recreational community and guest cottages not exceeding four
in number as set forth on an approved site plan to be used and occupied
on a short-term, nonpermanent basis by members or guests of members
of the golf club in connection with the golf course recreational use.
C.
Land use intensity for recreational-residential communities.
The standards for maximum density, maximum structural coverage, minimum
recreational space and parking requirements shall be as prescribed
below.
(1)
Maximum area of building coverage. The maximum area
of land coverage by all structures in a recreational-residential community
shall not exceed 10% of the total site area.
(2)
Minimum open area and recreational space. The minimum
open area and recreation space required in a recreational-residential
community shall not be less than 60% of the total site area. "Open
area" shall be defined as that area of land which is permanently set
aside and designated on the site plan as dedicated open space, conservation
easement or in such other form as will ensure that such property shall
remain open and undeveloped. "Recreation space" shall be defined as
that area of land, other than structures, permanently set aside and
designated on the site plan as being devoted to recreational use for
golf or other appropriate recreational activities.
(3)
Maximum density and area requirements.
(a)
That portion of the recreational-residential
community devoted to residential use (exclusive of open area and recreation
space) shall not exceed an average net density of 2.5 units per acre.
(b)
The maximum gross residential density shall
not exceed 0.5 units per acre. In calculating the number of lots permitted
for gross density "critical areas" as designated in the Township’s
adopted Master Plan shall be counted at 1/2 the permitted density.
(c)
Development successors in title shall be bound
by commitments made by the overall master development plan.
D.
Bulk requirements for recreational-residential communities.
(1)
All residential lots in a recreational-residential
community shall conform to the following schedule:
(2)
All structures relating to a recreational facility
shall conform to the following schedule:
(a)
Minimum lot area: 2 acres.
(b)
Minimum lot frontage: 50 feet.
(c)
Minimum setback: No structure whether principal
or accessory shall be located less than 75 feet from any residential
dwelling structure.
(d)
Minimum setback from street line: 15 feet.
(e)
Maximum building height: 2 1/2 stories.
(f)
Maximum impervious surface coverage: 25%.
(g)
Accessory building location: same requirements
as principal buildings.
(3)
For the purposes of this section, the minimum lot
width shall coincide with the front building setback as established
on an approved site plan.
(4)
As to any lot having a minimum lot frontage of 40
feet at the terminus of a cul-de-sac, there shall be only a side driveway
for the principal structure on the lot; provided, further, that nothing
shall prevent an application to the Township Planning Board for a
waiver of this requirement on the basis of a principal structure configuration
that will assure an adequate greenway frontage for the structure.
(5)
The bulk requirements set forth herein shall apply
and be applied only to this zoning district.
E.
Parking requirements. There shall be required a minimum
of two off-street parking spaces for each dwelling unit.
F.
Development standards. The minimum construction requirements
for streets, roads, sidewalks, sewer facilities, utility use and drainage
shall be in compliance with appropriate Howell Township regulations
and ordinances.
A.
Purpose. The purpose of the LC/OS Zone is to promote
the conservation of open space areas in the Township of Howell and
provide for beneficial public use and enjoyment of such areas through
the preservation of such areas for passive uses maintained in their
natural state.
C.
Bulk requirements. The following bulk requirements
shall only apply to the zone: minimum lot area five acres or more.
A.
Purpose. The purpose of the ARE-C Zone is to continue
the rural character of Howell Township through the employment of combined
recreational and residential uses in order to maximize open space,
public recreational area (active and passive) and the preservation
of the environment. Within this zone a combination of detached single-family
dwellings, as well as certain recreational structures, may be permitted.
The issuance of building permits shall be contingent upon prior approval
of an overall development plan that satisfies the special requirements
and standards established for this zone to ensure adequate open space,
appropriate densities, proper ingress, egress and circulation of traffic.
The intent of this zone is to encourage the use of imaginative design,
to provide adequate open spaces, public recreational areas (active
and passive) and preservation of the environment.
B.
Permitted uses.
(1)
Principal uses:
(a)
All uses permitted in the ARE-1 Zone, provided
that said uses shall comply with all of the requirements of the ARE-1
Zone, including but not limited to bulk requirements for area, frontages,
setbacks and the like, except as provided for hereinafter.
(b)
Public recreation (passive or active) facilities,
including soccer and baseball fields, and educational facilities.
(c)
Multigenerational family accommodations.
[Added 6-12-2018 by Ord.
No. O-18-8]
(2)
Accessory uses.
(a)
Barns, silos, stalls, farm and other recreation
maintenance buildings.
(b)
Tennis courts, swimming pools and uses customarily
associated with the above permitted uses, provided that such accessory
uses are subordinate to the principal use and do not change the character
of the principal use and serve only the principal use.
(c)
Facilities and structures related and appurtenant
to public recreational uses.
C.
Minimum standards. Unless property located in the
ARE-C Zone is to be developed in accordance with the standards of
the ARE-1 Zone, in the ARE-C Zone a cluster option shall be permitted
on tracts of land which meet the following standards:
(1)
Minimum contiguous tract area of 250 acres.
(2)
Minimum tract frontage on public roadways of 1,000
feet.
(3)
All dwelling units shall be served by public water
and sanitary sewer systems.
(4)
The bulk, dimension, height and related requirements
for development which does provide open space, as set forth in this
section, shall be the requirements of the R-3 detached single-family
clustered as set forth in the schedule of bulk, dimensional, height
and related requirements for the zones.[1]
[1]
Editor's Note: The schedule is included as an attachment to this chapter.
D.
Permitted residential density modification standard.
(1)
The maximum number of lots permitted for any project
under this section shall not exceed 1.4 times the calculated yield.
The calculated yield for the project (or tract) shall equal one lot
for each one acre of land of the project (or tract).
(2)
The standards for determining the implementation of
D(1) above are as follows: For each 1,000 square feet of building
of indoor all-season recreation building facilities, allow an increase
in the yield of 1% of the calculated yield, except that such increase
shall not exceed 10% of the calculated yield.
A.
Purpose. The purpose of the ML Zone is to satisfy
Howell Township’s affordable housing obligation.
C.
Area, yard and building requirements.
(1)
Maximum density.
(a)
Seven dwelling units per gross acre and 12 units
per net acre within the ML7 Zone. Net acreage shall be defined as
the land remaining after removing land with slopes in excess of 10%
and land defined as wetlands in the U.S. Fish and Wildlife Service’s
National Wetlands Inventory Mappings for the Township of Howell.
(b)
The Planning Board shall have the power to grant
and shall grant any waiver required to achieve the unit yield specified
above, provided that the waiver does not require any more than a ten-percent
relaxation of the existing restrictions of the Township's ordinances.
In the event a relaxation of greater than 10% is required, the developer
must apply for a variance. All reasonable requests necessary to achieve
the unit yield specified above shall be granted.
(3)
Minimum lot frontage on a public street: 200 feet
with a minimum of two access points from public roads, one of which
may be an emergency access road.
(4)
Maximum lot coverage: 40%. For purposes of this subsection, lot coverage shall be computed on the basis of all buildings and paving over the portion of the developable area as delineated by Subsection C(1) above and not on the basis of individual buildings upon individual lots, e.g. townhouses.
(5)
Area, yard and building requirements:
(a)
Townhouses:
[1]
Front yard setbacks: fifteen-foot structure
setbacks shall be measured from the property or lot lines; or from
the curb if there is no property or lot line.
[2]
Rear yard setback: 15 feet but not less than
50 feet between structures parallel to having window-to-window exposure.
[5]
Maximum number of townhouse units in one building
or structure: eight.
(b)
Multifamily units (apartments, flats and/or
condominiums):
[1]
No structure shall have more than eight dwelling
units in one structure.
[3]
Setback requirements to roadways and parking
areas.
[a]
Building to interior roadways:
15 feet or 75% of the height of the structure, whichever is greater.
[b]
Building to parking area: 10 feet
or 50% of the height of the structure, whichever is greater.
[c]
Building to public exterior roadway:
50 feet or two times the height of the structure, whichever is greater.
[d]
Building to perimeter tract boundary:
50 feet.
[4]
Minimum property standards for rear and side
yards as established by U.S. Department of Housing and Urban Development
within the project areas. Lot lines shall be 1/2 the distance between
structures for purposes of the sections.
[a]
Yard space between exterior building
walls and the adjacent lot line shall be measured perpendicular to
the lot line opposite the building wall at all points.
[ii]
Primary wall is that wall which
contains the principal window(s) in a habitable room, except bedrooms
and kitchen; and/or the main entrance to the dwelling when it directly
faces a primary wall or another dwelling.
[iii]
Secondary wall is that wall which
contains the window(s) of rooms for other than a primary wall as defined
above.
[iv]
Windowless wall(s) is that wall
which contains no windows.
[5]
Minimum distance from building wall to lot line.
(c)
Windowless wall: Yard depth for a wall containing
no windows, or only windows which do not involve loss of privacy for
required interior space, shall be determined by individual design
analysis.
(d)
Retaining wall: The distance between a building
wall with habitable room windows and a retaining wall with the top
above the midpoint of the vertical height of the lowest window shall
be a minimum of the appropriate primary and secondary wall distance
(see above), treating the retaining wall as a lot line.
(e)
Vertical setback: Where the length of a wall
is angled or set back six feet or more, the length (L) of each segment
or plan is measured separately in determining the required yard depth.
(f)
Irregular wall: The length (L) of a curve or
irregularly shaped wall is the shortest distance between the wall's
end corners.
(6)
Maximum height: two stories, but for purposes of this
section, a loft shall not be counted against the number of permissible
stories, provided that the loft is not constructed to serve as a dwelling
unit.
(7)
Off-street parking requirements.
(a)
Off-street parking shall be provided in spaces
measuring not less than 18 feet by nine feet for perpendicular parking
stalls.
(b)
There shall be two spaces per unit except where
common parking is provided in which case there shall be spaces according
to the following schedule:
D.
Inclusion of Block 110, Lot 178 (formerly known as
Site 8 in the ML7 Zone); modifications.
[Added 11-15-2004 by Ord. No. O-04-63]
(1)
The Zoning Map of the Township of Howell, as amended,
is hereby further amended to provide that Block 110, Lot 178, is designated
as a portion of the Moderate- and Low-Income Housing Zone (ML7), except
that the maximum number of townhouse units in one building or structure
shall be 12 and no structure shall have more than 12 dwelling units
in one structure.
(2)
The requirements of the ML7 Zone, including bulk requirements,
are hereby specifically modified below. The following modifications
shall supersede any inconsistent provision in this chapter concerning
the ML7 Zone and shall nullify, to the degree necessary, any existing
provision of said zoning requirements that would prevent the implementation
of any of the following specific modifications. The modifications
are as follows:
(a)
Permitted uses shall include detached single-family
dwellings.
(b)
Permitted accessory uses shall include garages,
patios, porches, decks and sheds, parking area and swimming pools
with a single-family residence, and uses customarily associated with
the above uses, provided such accessory uses are subordinate to the
principal use, do not change the character of the principal use, and
serve only the principal use.
(3)
Requirements for detached single-family housing shall
be as follows:
(a)
Minimum front yard setbacks: 25 feet measured
from street line.
(b)
Minimum rear yard setbacks: 25 feet.
(c)
Minimum side yard: eight feet.
(e)
Minimum lot frontage: 60 feet.
(f)
Maximum building height: 30 feet.
(g)
Maximum impervious coverage: no limit.
(h)
Minimum accessory building setback: same as
R4 cluster zone.
E.
Inclusion of Block 59.01, Lots 48, 49 and 50 (formerly
known as Site 8A); modifications. The Zoning Map of the Township of
Howell, as amended, is further amended to provide that Block 59.01,
Lots 48, 49 and 50 (formerly known as Site 8A), is designated as a
portion of the Moderate- and Low-Income Housing Zone (ML7). The requirements
of the ML7 Zone are specifically modified below. The following modification
shall supersede any inconsistent provision in this chapter concerning
the ML7 Zone and shall nullify, to the degree necessary, any existing
provision of said zoning requirements that would prevent the implementation
of any of the following specific modifications. The modifications
are as follows:
[Added 11-15-2004 by Ord. No. O-04-63]
(1)
Minimum lot size: 15 acres.
(2)
Maximum number of dwelling units: 98.
(3)
Maximum number of townhouses per building: eight.
(4)
Maximum number of multifamily units per building other
than townhouse units: 12.
(6)
Maximum impervious surface coverage: 60%.
(7)
Minimum building setback from parking area: 15 feet.
(8)
Minimum building setback from interior drive or roadway:
10 feet.
(9)
Minimum parking requirement: two spaces per unit.
(10)
Maximum building height: 35 feet.
(11)
Minimum distance between buildings: 40 feet.
(12)
Minimum buffer between existing public street
and lot line of single-family residences or single-family residential
zone: 50 feet.
F.
Inclusion of Block 164, Lot 30 in ML7 (formerly known
as Site 10A); modifications. The Zoning Map of the Township of Howell,
as amended, is further amended to provide that Block 164, Lot 30 (former
Site 10A), is designated as a portion of the Moderate- and Low-Income
Housing Zone (ML7). The requirements of the ML7 Zone are specifically
modified to provide that, with respect to Block 164, Lot 30 (former
Site 10A), the maximum density shall be 165 units, of which none shall
be low- or moderate-income housing units.
[Added 11-15-2004 by Ord. No. O-04-63]
[Added 7-14-2009 by Ord. No. O-09-36]
A.
Intent.
The intent of the ML8 Zone District is to provide a suitable location
for the construction of moderate- and low-income affordable housing
in accordance with the applicable rules and regulations of the Council
on Affordable Housing (COAH) and the Township’s Housing Plan
Element and Fair Share Plan. The following regulations shall apply
in the Moderate- and Low-Income Housing Zone 8 (ML8) District.
B.
Permitted
uses.
(1)
Single-family residences in accordance with the requirements set forth within § 188-72 for the Residential (R-4) Zone District except for the rear yard setback which shall be set at 25 feet.
(2)
Retail sales and services in accordance with the requirements set forth within § 188-75 for the Neighborhood Commercial (NC) Zone District.
(3)
Offices in accordance with the requirements set forth within § 188-75 for the Neighborhood Commercial (NC) Zone District.
(4)
Multifamily affordable housing in accordance with applicable COAH regulations in effect at the time of construction and applicable sections of Article XX, Affordable Housing, of the Township of Howell’s Land Development Ordinance.
(5)
Any standards adopted for the development of the property and the
production of the yield and the standards of the settlement agreement[1] shall supersede all other inconsistent rules, ordinances,
codes, and regulations that could control or affect development of
the property.
[1]
Editor's Note: “Settlement agreement” refers to
the 12-19-2007 agreement involving the Township, the Planning Board,
and Elon Associates, LLC.
D.
Affordable
housing requirements.
(1)
The owner/developer shall take all steps necessary to place affordability
controls and other appropriate restrictions, consistent with COAH
regulations, upon the affordable units in order that each of the affordable
units shall qualify as a unit of affordable housing under the COAH
regulations in effect at the time of construction.
(2)
Each affordable housing unit shall be affirmatively marketed in accordance
with applicable regulations of the COAH in effect at the time of construction.
(3)
For each market-rate, non-income-restricted single-family dwelling
developed, the owner/developer shall contribute $15,000 to the Township’s
Affordable Housing Trust Fund. The contributions shall be made on
a pro-rata basis, with $15,000 payable upon the owner's/developer's
receipt of a certificate of occupancy for each single-family dwelling
unit.
(4)
The owner/developer shall develop all affordable housing units in accordance with applicable sections of Article XX, Affordable Housing, of the Township of Howell’s Land Development Ordinance and COAH’s regulations, to the extent modified by the terms of the settlement agreement.[2] The settlement agreement shall govern any disparity between its terms and the applicable sections of Article XX, Affordable Housing, of the Township of Howell’s Land Use Ordinance.
[2]
Editor's Note: “Settlement agreement” refers to
the 12-19-2007 agreement involving the Township, the Planning Board,
and Elon Associates, LLC.
E.
Elimination
of cost-generating features, processes and elements. In connection
with development in the ML8 Zone, cost-generating features, elements
and processes shall be eliminated, in accord with the terms of the
settlement agreement.[3]They shall include, but not be limited to, the inapplicability of the Howell Tree Removal and Replacement Ordinance (§ 188-188 et seq.) and its replacement by an in-lieu fee of $3,600 per single-family lot developed, payable to the Howell Tree Replacement Fund (§ 188-195C).
[3]
Editor's Note: “Settlement agreement” refers to
the 12-19-2007 agreement involving the Township, the Planning Board,
and Elon Associates, LLC.
[Added 11-12-2019 by Ord. No. O-19-52]
Bulk and lot regulations. The development of the FP Howell property
shall be consistent with the attached Exhibit A entitled "Concept
Plan Drawing" which includes conceptual building footprints, building
orientation, and building locations. Said plan is entitled "Overall
Plan Qualifying Map" prepared by Challoner Associates, LLC by Stuart
Challoner, P.E. dated May 26, 2017, last revised November 19, 2018,
as Sheet 2 of 4.[1]
A.
Purpose and intent. The intent of the ML-12 District is to provide
for inclusionary affordable and market-rate housing development consistent
with the settlement agreements by and between the Township and Fair
Share Housing Center dated October 18, 2018, and November 20, 2018;
the Township is obligated to create an affordable housing inclusionary
zoning district on certain lands in the Township in accordance with
the applicable rules of the New Jersey Council On Affordable Housing
(COAH) in order to meet its constitutional obligation to provide for
its fair share of affordable housing.
C.
Minimum tract area: 100 acres.
D.
Overall tract requirements. There shall be a building setback of
at least 50 feet along the perimeter of the tract. Within this fifty-foot
perimeter setback, a vegetative buffer with a minimum width of 25
feet shall be provided.
E.
Minimum front yard setbacks for principal structures.
(1)
Single-family detached dwellings: 25 feet.
(2)
Townhouses: 28 feet from the edge of pavement to the front face
of principal structure. "Front of the building" is defined as the
face of the structure with the main entry doorway also facing a street.
Where the structure is located on a corner, the second frontage shall
be considered a side yard. The minimum side yard setback shall be
six feet.
[Amended 6-15-2021 by Ord. No. O-21-12]
(3)
Multifamily dwellings: 15 feet. "Front of the building" is defined
as the face of the structure with the main entry doorway also facing
a street. Where the structure is located on a corner, the second frontage
shall be considered a side yard. The minimum side yard setback shall
be six feet.
[Amended 6-15-2021 by Ord. No. O-21-12]
(4)
Chimneys, bay windows, or oriel overhangs are permitted to encroach
into a front yard setback by a maximum of three feet.
(5)
Porches or stoops are permitted to encroach into a front yard
setback by a maximum of six feet. A covered porch which encroaches
into a front yard setback shall have a maximum height of 12 feet.
F.
G.
Maximum density: 319 residential units/lots.
I.
Minimum lot area and width.
(1)
Single-family detached dwellings: lot area: 6,000 square feet;
lot width: 60 feet; however, lots which front on a curved portion
of a street or a cul-de-sac may have a minimum lot frontage of 50
feet.
L.
Additional requirements.
(1)
Common recreation facilities, consisting of any of the following:
Walking trails, playgrounds, athletic fields, courts or other such
grounds shall be provided within the development at a ratio of 10
square feet per market-rate dwelling unit.
(2)
Off-street parking stalls shall have a minimum width of nine
feet and a minimum depth of 18 feet.
(3)
All parking, garages and circulation shall be designed in accordance
with the New Jersey Residential Site Improvement Standards (RSIS).
(4)
Waiver of cost generative measures pursuant to N.J.A.C. 5:93-10.1
et seq. In order to permit the intended, agreed upon development of
the property, the Township agrees to abide by the COAH regulations
against cost generative measures as set forth at N.J.A.C. 5:93-10.1(b).
Specifically:
(a)
Any inclusionary development within the ML-12 Zone shall be exempt from the Township tree replacement regulations set forth at § 188-194 et seq., within the Township Code. It is understood that any costs that may have accrued, but are waived for any inclusionary development within the ML-12 Zone pursuant to the tree replacement regulations may be paid to the Township from the Township's Affordable Housing Trust Fund in accordance with the approved spending plan.
(b)
There shall be no affordable housing fees assessed against the
market-rate units.
(c)
Any inclusionary development within the ML-12 Zone shall be
subject to the provisions of N.J.A.C. 5:93-10.2, which set forth limitations
on application requirements and provide a standard of review for the
Planning Board for necessary variances or deviations necessary to
accomplish the intent of this district.
M.
Affordable housing requirements.
(1)
A minimum of 92 of the dwelling units must be made affordable
to low- and moderate-income households in accordance with Superior
Court's April 5, 2019, order entered In the Matter of the Application
of the Township of Howell, County Monmouth, Docket No. L-2525-15 and
in accordance with the Developer's Agreement between FP Howell, LLC,
and Howell Township dated November 18, 2018.
(2)
Ninety-two of the residential dwelling units shall be restricted
in accordance with the provisions of the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. (UHAC), which shall govern the
number of bedrooms of the affordable units.
(3)
All affordable units shall comply with the regulations of UHAC
and/or the New Jersey Council on Affordable Housing (COAH), as may
be applicable, including, but not limited to those concerning a) income
qualification, b) controls on affordability for a period of 30 years,
c) deed restrictions, d) bedroom distribution, e) low-/moderate-income
split, f) affirmative marketing and g) handicap accessibility.
(4)
All affordable units shall be subject to deed restrictions on
income limits for a period not less than 30 years.
(5)
The affordable dwelling units shall be split equally between
moderate-income units and low-income units.
(6)
In the event that an equal split of the affordable dwelling
units between moderate- and low-income units results in a fraction
of a unit, the additional unit shall be reserved for low-income households.
(7)
Any phasing of development of market-rate units in comparison to affordable units shall include the construction of affordable units in accordance with the schedule established by N.J.A.C. 5:93-5.6(d), and in accordance with the phasing requirements of the Township's Affordable Housing Ordinance, found in Chapter 8. However, aside from phasing requirements for the construction of market-rate units to affordable units, the developer may phase any portion of the remaining development at its own discretion to be approved by the Planning Board.
[1]
Editor's Note: Exhibit A and said plan are on file in the
Township offices.
[Added 11-12-2019 by Ord. No. O-19-53]
A.
Purpose and intent. In accordance with the executed settlement agreements
by and between the Township and Fair Share Housing Center dated October
18, 2018, and November 20, 2018, the Township is obligated to create
an affordable housing inclusionary zoning district on certain lands
in the Township in accordance with the applicable rules of the New
Jersey Council On Affordable Housing (COAH) in order to meet its constitutional
obligation to provide for its fair share of affordable housing.
B.
Permitted uses. The following shall be permitted in the ML-13 District:
(2)
Conditional uses: none.
(3)
Accessory uses: The following accessory uses are permitted:
(a)
Any use which is customarily incidental and subordinate to the
principal use, including sheds, decks, fences, utilities, signs and
entry features (including gate house) located in a manner that is
consistent with a plan approved by the Planning Board at the time
the development receives its development approvals which authorizes
specific locations or typical locations for each dwelling type. Sheds
may only be for the storage of equipment, supplies, tools, materials,
etc., as required for the maintenance of the property by the property
owner and shall not be used as additional storage for a tenant of
any particular unit. Accessory structures shall be depicted on the
site plans for review by the Planning Board and its professionals.
(b)
Recreation facilities, structures, buildings and parks for the
use of the residents of the community, including a swimming pool.
Such open space and community facilities must be owned, operated and
maintained by the property owner. Any community building may be used
to provide services and activities primarily for the benefit and enjoyment
of the residents of the community.
(c)
Sales and construction offices and storage of materials and
equipment associated with and necessitated by the development of the
tract for the uses approved by the Planning Board in conformance with
any phasing requirements set forth by the Board.
(d)
Garages and parking and loading areas consistent with New Jersey's
Residential Site Improvement Standards.
C.
Area, yard, bulk, and architectural requirements. The following tract
requirements shall apply:
(1)
The following intensity and design ratios are applicable to
the entire tract and shall not be applied to any individual lot or
lots which may be created as part of the overall plan of development:
(2)
Perimeter setback. A fifty-foot perimeter residential building
setback shall be provided along the sides and rear boundary of the
property. Within the fifty-foot setback, the applicant shall provide
a six-foot-high "pedestrian level" visual buffer between any proposed
residential buildings and adjacent properties. The perimeter setback
may contain one or more of the following in order to create the required
buffer: existing wooded areas, supplemental landscaping, berming,
solid fences and walls. Within the fifty-foot setback, the following
structures and activities are permitted as per site plan approval
from the Planning Board: clearing, grading, driveways, landscaping,
sidewalks, lighting, benches, walkways, utilities, stormwater basins,
fire lanes, walls, fences, sheds, and access roads. A maximum of 50%
of the area within the perimeter setback may be disturbed to allow
for the structures and activities listed herein. After a CO has been
issued for the property and construction is completed, no disturbances
within the perimeter setback are permitted except those specifically
shown on the site plan as approved by the Planning Board.
(3)
Setbacks applicable to buildings:
(a)
For residential buildings: longest building side shall be known
as the "primary side" (including two sides of the building if applicable);
shortest building side shall be known as the "secondary side" (including
two sides of the building if applicable). Where a facade faces a parking
area, it shall be treated as a practical front facade.
[1]
Minimum distance from any residential building
to any cartway: 12 feet.
[2]
Minimum distance from secondary side to secondary
side of building: 30 feet.
[3]
Minimum distance from primary side to secondary
side of building: 40 feet.
[4]
Minimum distance from primary side to primary side
of building: 50 feet.
[5]
Minimum distance from parking area shall be 10
feet.
(b)
For nonresidential structures and buildings:
[1]
Sheds. A maximum of four shed structures shall be permitted within the district. Each shed shall conform to the requirements of § 188-11 of the Township Land Use Ordinance regarding accessory structures and sheds.
[2]
Recreation facilities, structures, buildings. Minimum
distance from parking area shall be 10 feet. Minimum distance to any
cartway shall be 12 feet.
[3]
Entry features: minimum distance to any cartway:
five feet.
[4]
Gatehouses. Minimum distance from any public right-of-way
shall be five feet. No minimum distance shall be required from any
internal roadway or cartway.
D.
Recreational requirements.
(1)
Recreational facilities, including sidewalks and pedestrian
pathways, small parks and gathering areas with seating, picnic areas
with graded grass areas for spontaneous activities and other recreational
amenities, may be located within the development at the discretion
of the applicant, subject to Planning Board approval, but in no event
within 25 feet of a residential building.
(2)
Provision for long-term maintenance of all open lands and recreational
uses must be provided in a manner satisfactory to the Planning Board,
and the responsibility for the cost of such maintenance shall be borne
by the applicant.
(3)
Active recreational opportunities provided within the residential
community may be restricted against use by nonresidents of the community
if owned and maintained by the property owner and shall be accessible
to residents in perpetuity.
E.
Additional site requirements.
(1)
Maximum building height: 45 feet; four stories inclusive of
any garage level.
(2)
Maximum building height (accessory building or nonresidential
structure): 15 feet.
(3)
All multifamily structures constructed within the district shall be exempt from the standards found within § 188-138, look-alike design standards.
(4)
Cartway width: 24 feet (two-way traffic); cartway width: 18
feet (one-way traffic).
(5)
Mechanical equipment, rooftop antenna or other utility hardware
on roofs, the ground, or buildings shall be screened from public view
with materials harmonious with the building, or they shall be so located
as not to be visible from any public ways.
(6)
Parking stalls shall have minimum dimensions of nine feet in
width and 18 feet in depth.
(7)
All other parking areas, loading areas, and garages shall be
constructed in accordance with the New Jersey Residential Site Improvement
Standards (RSIS).
F.
Additional requirements and exceptions from other requirements.
(1)
Waiver of cost generative measures pursuant to N.J.A.C. 5:93-10.1
et seq. In order to permit the intended, agreed upon development of
the property, the Township agrees to abide by the COAH regulations
against cost generative measures as set forth at N.J.A.C. 5:93-10.1(b).
Specifically:
(a)
Any inclusionary development within the ML-13 Zone shall be exempt from the Township tree replacement regulations set forth at § 188-194 et seq., within the Township Code. It is understood that any costs that may have accrued, but are waived for any inclusionary development within the ML-13 Zone pursuant to the tree replacement regulations may be paid to the Township from the Township's Affordable Housing Trust Fund in accordance with the approved spending plan.
(b)
Any inclusionary development within the ML-13 Zone shall be
subject to the provisions of N.J.A.C. 5:93-10.2, which set forth limitations
on application requirements and provide a standard of review for the
Planning Board for necessary variances or deviations necessary to
accomplish the intent of this district.
G.
Affordable housing requirements.
(1)
Thirty percent of the units constructed within the ML-13 Zone
are to be family rental units affordable to very-low-, low-, and moderate-income
households ("affordable units") in accordance with the Superior Court's
April 5, 2019, order entered In the Matter of the Application of the
Township of Howell, County Monmouth, Docket No. L-2525-15, and in
accordance with the Developer's Agreement between Kenneth Zaback and
Howell Township dated November 20, 2018.
(2)
Thirty percent of the residential units shall be deed restricted
in accordance with the provisions of the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. (UHAC), which shall govern the
number of bedrooms and rents for the affordable units.
(3)
Phasing for construction of the market-rate units in comparison
to affordable units shall be in accordance with COAH's phasing schedule
established by N.J.A.C. 5:93-5.6(d).
(4)
All affordable units shall comply with the regulations of UHAC
and/or the New Jersey Council on Affordable Housing (COAH), as may
be applicable, including, but not limited to those concerning a) income
qualification, b) controls on affordability for a period of 30 years,
c) deed restrictions, d) bedroom distribution, e) low-/moderate-income
split, f) affirmative marketing and g) handicap accessibility.
(5)
All affordable units shall be subject to deed restrictions on
income limits for a period not less than 30 years.
(6)
The affordable dwelling units shall be split equally between
moderate-income units and low-income units. The low-income portion
of the split shall be inclusive of the very-low-income units.
(7)
In the event that an equal split of the affordable dwelling
units between moderate- and low-income units results in a fraction
of a unit, the additional unit shall be reserved for low-income households.
(8)
At minimum, 13%, or 18 units, whichever is greater, of all the
affordable dwelling units shall be made available to very-low-income
households.
[Added 11-12-2019 by Ord. No. O-19-54]
A.
Purpose and intent.
(1)
In accordance with the executed settlement agreements by and
between the Township and Fair Share Housing Center dated October 18,
2018, and November 20, 2018, the Township is obligated to create an
affordable housing inclusionary zoning district on certain lands in
the Township in accordance with the applicable rules of the New Jersey
Council On Affordable Housing (COAH) in order to meet its constitutional
obligation to provide for its fair share of affordable housing.
(2)
The Moderate- and Low-Income Housing Zone 14 (ML-14) District
is intended to assist the Township in complying with its affordable
housing obligation. The following properties shall be included within
the ML-14 District: Block 143, Lots 6 and 6.01 ("North Parcel"); and
Block 144, Lots 8, 9, 10, 11, 12, 14, 15, 20, 35, 111, 112, 142, 145-150,
160-165, 165.01, 167, 177, 178, 178.01 and 178.02 ("South Parcel").
[Amended 5-10-2022 by Ord. No. O-22-12]
B.
Permitted uses. The following shall be permitted in the ML-14 District:
(1)
Principal uses. Multiple permitted uses shall be permitted on
the same lot in the ML-14 District.
[Amended 6-27-2023 by Ord. No. 23-22]
(2)
Conditional uses: none.
(3)
Accessory uses. The following accessory uses are permitted:
(a)
Sheds, decks, patios, porches, swimming pools, signs, fences,
walls, gatehouses and landscaping features, such as benches, trellises,
and gazebos, that are customarily incidental to residential uses,
located in a manner approved by the Planning Board at the time the
development receives its development approvals which authorizes specific
locations or typical locations for each dwelling type.
(b)
Active and passive recreational facilities for the use of the
residents of the community, including fitness centers, swimming pools,
playgrounds, landscaped trails and parks, and clubhouses. Such facilities
must be owned, operated and maintained by the property owner. Any
community building may be used to provide services and activities
primarily for the benefit and enjoyment of the residents of the community.
(d)
Utilities and related services, such as transformers, pumping
stations, treatment facilities, meters, etc., necessary for the proper
distribution and monitoring of these services.
(e)
Sales and construction offices and storage of materials and
equipment associated with and necessitated by the development of the
tract for the uses approved by the Planning Board in conformance with
any phasing requirements set forth by the Board.
(f)
Garages and off-street parking areas.
(g)
Any other uses that are customarily incidental and subordinate
to a principal use.
C.
Area, yard, bulk and site design requirements.
(1)
The North Parcels shall be dedicated to the Township.
[Amended 6-27-2023 by Ord. No. 23-22]
(2)
For uses listed in § 188-84.4B(1)(d), (e) and (f), there shall be no minimum lot size or minimum setback in the ML-14 District. Further, water towers shall be permitted to a maximum height of 120 feet in the ML-14 District.
[Added 6-27-2023 by Ord. No. 23-22[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
C(2) through (10) as Subsection C(3) through (11), respectively.
(3)
The following intensity and design ratios are applicable to
the South Parcel in its entirety and shall not be applied to any individual
lot or lots which may be created as part of the overall plan of development.
(4)
Perimeter landscape buffer.
[Amended 5-10-2022 by Ord. No. O-22-11; 6-27-2023 by Ord. No. 23-22]
(a)
A landscaped buffer of a minimum width of 50 feet shall be provided
along any tract boundary, except where such boundary abuts public
open space or lands to be dedicated as public or private open space,
in which instance the required buffer shall not be less than 25 feet.
(b)
Stormwater basins, facilities and piping and associated grading and
amenities, shall be permitted within buffer areas where such buffer
area is directly between any lot within the ML-14 Zone. Further, in
the ML-14 Zone, the setback shall be measured from the overall tract
boundary line, and the buffer shall also be measured from the overall
tract boundary line, so that both the setback and buffer run coincidentally
as to prevent the stacking of a setback requirement on top of a buffer
line. Moreover, any such buffer area setback for a stormwater basin
facility or piping and associated grading and amenities, shall not
apply to any interior lot line created as part of this subdivision.
(5)
Requirements for single-family detached houses.
(a)
No single-family detached dwelling shall exceed 35 feet in height
and 2 1/2 stories.
(b)
Setback and building requirements:
[Amended 5-10-2022 by Ord. No. O-22-11]
|
Standard
|
Requirement
|
|---|---|
|
Minimum lot area
|
6,000 square feet
|
|
Minimum lot frontage
|
60 feet
|
|
Minimum front yard setback
|
25 feet
|
|
Minimum rear yard setback
|
25 feet
|
|
Minimum side yard setback
|
8 feet
|
|
Minimum side or rear yard setback for accessory structure or
use
|
5 feet
|
(6)
Townhouse requirements.
(a)
No townhouse shall exceed 45 feet in height and three stories.
(b)
Setback and building requirements:
[Amended 6-27-2023 by Ord. No. 23-22]
|
Standard
|
Requirement
|
|---|---|
|
Maximum number of units per building
|
8
|
|
Maximum building length
|
200 feet
|
|
Minimum setback from right-of-way of existing West Farms Road
and Casino Drive
|
75 feet
|
|
Minimum setback from all other property lines
|
50 feet
|
|
Minimum setback from off-street parking areas
|
10 feet
|
|
Minimum setback from all internal streets
|
25 feet
|
|
Minimum distance between buildings
| |
|
Front to front
|
60 feet
|
|
Side to side
|
25 feet
|
|
Side to front/rear
|
35 feet
|
|
Rear to rear
|
50 feet
|
(7)
Requirements for multifamily dwellings.
(a)
No building containing multifamily dwelling units shall exceed
45 feet in height and four stories.
(b)
Setback and building requirements:
[Amended 6-27-2023 by Ord. No. 23-22]
|
Standard
|
Requirement
|
|---|---|
|
Maximum number of units per building
|
24 units
|
|
Maximum building length
|
250 feet
|
|
Minimum setback from right-of-way of existing West Farms Road
and Casino Drive
|
100 feet
|
|
Minimum setback from all other property lines
|
75 feet
|
|
Minimum setback from internal streets
|
25 feet
|
|
Minimum setback from off-street parking areas
|
10 feet
|
|
Minimum distance between buildings
|
40 feet
|
(8)
Internal streets and off-street parking shall be provided and
designed in accordance with the New Jersey Residential Site Improvement
Standards set forth at N.J.A.C. 5:21-1.1 et seq.
(9)
Recreational requirements.
(a)
Recreational facilities such as sidewalks and pedestrian pathways,
small parks and gathering areas with seating, picnic areas with graded
grass areas for spontaneous activities and other recreational amenities
shall be located within the development a minimum ratio of 10 square
feet per market rate dwelling unit.
(b)
Provision for long-term maintenance of recreational facilities
must be provided in a manner satisfactory to the Planning Board, and
the responsibility for the cost of such maintenance shall be borne
by the applicant.
(c)
Active recreational opportunities provided within the residential
community may be restricted against use by nonresidents of the community
if owned and maintained by the property owner and shall be accessible
to residents in perpetuity.
(10)
Additional requirements and exceptions from other requirements.
(a)
Waiver of cost generation measures pursuant to N.J.A.C. 5:93-10.1
et seq. In order to permit the intended, agreed upon development of
the property, the Township agrees to abide by the COAH regulations
against cost generative measures as set forth at N.J.A.C. 5:93-10.1(b)
in conformance with the specific provisions of the developer's agreement
between the Township and Tyrpak Road Group, LLC. Specifically:
[1]
Any inclusionary development within the within the ML-14 Zone shall be exempt from the Township tree replacement regulations set forth at § 188-194 et seq., within the Township Code. It is understood that any costs that may have accrued, but are waived for any inclusionary development within the ML-14 Zone pursuant to the tree replacement regulations, may be paid to the Township from the Township's Affordable Housing Trust Fund in accordance with the approved spending plan.
[2]
Any inclusionary development within the ML-14 Zone
shall be subject to the provisions N.J.A.C. 5:93-10.2, which set forth
limitations on application requirements and provide a standard of
review for the Planning Board for necessary variances or deviations
necessary to accomplish the intent of this district.
(b)
Any off-site improvements or payments in lieu thereof related
to the provision of potable water and sanitary service provision shall
be imposed on a fair share basis strictly in accordance with N.J.S.A.
40:55D-42.
(c)
All multifamily dwellings shall be exempt from the standards found within § 188-138, regarding look-alike standards for residential construction.
(d)
Mechanical equipment or other utility hardware on roofs, the
ground, or buildings shall be screened from public view with materials
harmonious with the building, or they shall be so located as not to
be visible from any public ways.
(e)
Environmentally sensitive features on the tract, including wetlands
and steep slope areas, shall be maintained and conserved either through
dedication to Howell Township or by private covenant or deed restriction.
The area of such dedicated or restricted environmentally sensitive
areas shall continue to be considered as part of the tract area for
purposes of compliance with the bulk regulations set forth in this
section.
[Amended 5-10-2022 by Ord. No. O-22-11]
[1]
Wetlands and transition areas on the tract shall
be established pursuant to a letter of interpretation issued by the
New Jersey Department of Environmental Protection ("NJDEP") pursuant
to the provisions of N.J.A.C. 7:7A-4.1 et seq.
[2]
Steep slopes on the tract shall be defined as any
slope equal to or greater than 20%, as measured over any minimum run
of 10 feet. Steep slopes are determined based on contour intervals
of two feet or less. For example, any location on the site where there
is a one-foot rise over a ten-foot horizontal run constitutes a 10%
slope; a 1.5-foot rise over a ten-foot horizontal run constitutes
a 15% slope; a two-foot rise over a ten-foot horizontal run constitutes
a 20% slope.
[a]
For steep slopes as defined herein, any disturbance
shall be prohibited except as provided below:
[i]
Development within the limits of existing impervious
surfaces; and
[ii]
New disturbance necessary to protect public health,
safety or welfare, such as necessary linear development with no feasible
alternative; to provide an environmental benefit, such as remediation
of a contaminated site; or to allow for the extension or construction
of infrastructure, including roadways and all utilities necessary
for development; or to limit the scope of grading necessary for development
which may include the use and construction of retaining walls.
(f)
Open space lands may be maintained by the owner, a tenant association
or a homeowner's association, or may be dedicated to Howell Township
as determined by the Planning Board. The area of such dedicated open
space shall continue to be considered as part of the tract area for
purposes of compliance with the bulk regulations as set forth in this
section.
(g)
Retaining walls shall be permitted in the ML-14 Zone. A retaining wall shall be defined as a structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion and which is minimally four feet in height. The maximum height for a retaining wall in the ML-14 Zone shall be six feet. In the event of stepped retaining walls, there shall be a minimum of four feet between each such retaining wall. A retaining wall shall not be subject to the requirements of Township Code § 188-12, but shall be subject to the provisions of this section, Township Code § 134-7 and the applicable provisions of the New Jersey State Uniform Construction Code. N.J.A.C. 5:23-1.1 et seq., including N.J.A.C. 5:23-2.14(g), except that Township Code § 134-7C(1) shall not be applicable, and retaining walls shall be permitted at or up to any lot property line.
[Added 5-10-2022 by Ord.
No. O-22-11]
(h)
Retaining walls shall be exempt from the provisions set forth in § 134-7B(2), (9) and 134-7C(3). As such, the project will be graded to allow infiltration and both capture some of the stormwater and allow some of the stormwater runoff to drain over the wall to existing grades.
[Added 6-27-2023 by Ord. No. 23-22[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
C(10)(h) through (j) as Subsection C(10)(i) through (k), respectively.
(i)
The provisions of § 188-212 et seq. (Stormwater Control) shall be applicable within the ML-14 Zone. In the event that the provisions of § 188-212 conflict with or impose requirements other than those set forth within the provisions of the Residential Site Improvement Standards, N.J.A.C. 5:21 ("RSIS"), the RSIS shall control.
[Added 5-10-2022 by Ord.
No. O-22-11]
(j)
The provisions of § 188-132 shall be applicable except that § 188-132A shall be modified as follows: "Sidewalks shall be constructed on at least one side of all proposed streets, along the entire frontage of the subject property, and in other selected locations determined by the Board to be in the interest of public safety and proper pedestrian circulation and in accordance with the applicable provisions of the Residential Site Improvements Standards, N.J.A.C. 5:21-1.1 et seq. Sidewalks shall be required on both sides of any section of proposed street, provided such section of street contains dwelling units on both sides thereof. Sidewalks shall be at least four feet wide and four inches thick, except at points of vehicular crossing, where they shall be at least six inches thick with welded wire fabric reinforcement. The sidewalk subgrade shall be a minimum of six inches thick of compacted porous material approved by the Township Engineer prior to placement of any concrete. Where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six feet. Provide one-half-inch-wide preformed bituminous expansion joints at intervals not exceeding 20 feet. Contraction joints shall be cut into the concrete sidewalk between the expansion joints at every four feet. All concrete shall be air-entrained, having a twenty-eight-day compressive strength of 4,500 psi.
[Added 5-10-2022 by Ord.
No. O-22-11]
(k)
Vehicular access, other than for emergency vehicles as approved
by the Planning Board, is prohibited from Stuart Street and Tyrpak
Road. Access to residential development within ML-14 Zone is limited
to Casino Drive and West Farms Road.
[Added 7-12-2022 by Ord.
No. O-22-43]
(11)
Affordable housing requirements.
(a)
The total affordable housing obligation is 138 units, a minimum
of 58 of which shall be affordable family rental units.
(b)
Thirty percent or 138, whichever is greater, of the units constructed
within the ML-14 District are to be affordable to low- and moderate-income
households ("affordable units") in accordance with the Superior Court's
April 5, 2019, order entered In the Matter of the Application of the
Township of Howell, County Monmouth, Docket No. L-2525-15.
(c)
Thirty percent of the residential units shall be deed restricted
in accordance with the provisions of the Uniform Housing Affordability
Controls (N.J.A.C. 5:80-26.1 et seq.) (UHAC), which shall govern the
number of bedrooms and rents for the affordable units.
(d)
The affordable dwelling units shall be split equally between
moderate-income units and low-income units. Very-low-income units
shall be included within the low-income portion of the split.
(e)
In the event that an equal split of the affordable dwelling
units results in a fraction of a unit, the additional unit shall be
made available to low-income households.
(f)
A minimum of 13% of the total number of affordable dwelling
units, or 22 units, whichever is greater, shall be made available
to households categorized as very-low-income households.
(g)
Phasing for construction of the affordable units shall be in
accordance with COAH's phasing schedule established by N.J.S.A. 5:93-5.6(d).
The phasing schedule shall apply based on the percentage constructed
of the total number of affordable units on both the North and South
Parcels combined as compared to the total number of market-rate units
on the South Parcel.
(h)
All affordable units shall comply with the regulations of UHAC
and/or the New Jersey Council on Affordable Housing (COAH), as may
be applicable, including, but not limited to, those concerning a)
income qualifications, b) controls on affordability for a period of
30 years, c) deed restrictions, d) bedroom distribution, e) low-/moderate-income
split, f) affirmative marketing and g) handicap accessibility. Notwithstanding
the foregoing, it is understood and agreed that the affordable units
may be constructed in buildings separate and apart from buildings
containing market-rate units.
(i)
All affordable units shall be subject to deed restrictions on
income limits for a period not less than 30 years.
A.
Purpose. The purpose of the ARE-NRW Zone is to continue
the rural character of Howell Township through the employment of combined
open space and residential uses in order to maximize open space, recreational
areas and the preservation of the environment. The intent of this
zone is to encourage the use of imaginative design, to provide an
adequate open space, recreational area and preservation of the environment
and the objectives of the Howell Township Master Plan. The ARE-NRW
District shall be an overlay district to the existing zone districts,
and development standards set forth in this section shall apply only
if the development plan has 335 acres.
C.
Bulk requirements.
(1)
All development shall conform to the applicable ARE-2
and ARE-6 Zone standards except that if the ARE-NRW Zone is developed
in accordance with a single overall development plan, the following
standards shall supersede and apply:
(a)
Minimum tract: 335 acres.
(b)
Permitted number of single-family lots: 137.
(c)
Minimum open space for passive recreation: 230
contiguous acres.
(d)
Minimum additional open space for active and/or
passive recreation: 15 acres.
(e)
Minimum lot area: 12,500 square feet.
(f)
Minimum lot frontage: 75 feet.
(g)
Minimum lot width (measured from front setback
line): 100 feet.
(h)
Minimum front setback fronting on off-site public
street: 40 feet. Off-site public streets are existing public roadways
upon which a subdivision tract to be developed front approved site
plan.
(i)
Minimum front setback fronting on internal street:
25 feet. Internal streets are roadways created as a result of a subdivision
which provides access to the individual home sites.
(k)
Minimum rear yard: 30 feet.
(l)
Minimum rear yard accessory use (e.g., decks,
swimming pools, sheds, tennis courts, spas, etc.)
(2)
The maximum number of lots within the overall development
shall not exceed the number established by a yield map based upon
the ARE-6 Zone requirements for that portion of the zone northwest
of the northwest line of the Jersey Central Power and Light Company
right-of-way and the ARE-2 Zone requirements for that portion of the
zone southeast of the northwest line of the Jersey Central Power and
Light Company right-of-way. Said yield map shall be prepared in accordance
with the above.
D.
Parking requirements. There shall be required a minimum
of two off-street parking spaces for each dwelling unit.
E.
Development standards. The minimum construction requirements
for streets, roads, sidewalks, sewer facilities, utility use and drainage
shall be in compliance with appropriate Howell Township regulations
and ordinances.
[Added 3-18-2002 by Ord. No. O-02-7]
A.
Purpose. The purpose and intent of the PRC District
is to enable the planned development of a residential retirement community
for active seniors which shall also contain a mix of recreational
and commercial facilities, as well as amenities and services to serve
the residents thereof in accordance with a required comprehensive
site development plan approved by the Township of Howell.
B.
Definitions.
(1)
ACTIVE SENIOR
PLANNED DEVELOPMENT
RECREATIONAL FACILITIES
The following terms shall apply to the PRC Development
District:
An adult of 55 years of age or older who may still be employed
full time and is capable of independent living (not requiring assistance),
who may utilize the recreational amenities available in the PRC.
A residential community provided for permanent residents
aged 55 years or over in which the residential property and the residential-related
open space, recreation facilities and property are all owned by a
mutual nonprofit corporation or corporations, established pursuant
to the laws of the State of New Jersey and also governed by Section
213 of Title 11 of the National Housing Act (or provisions of a similar
or comparable nature) or by individuals, condominium associations
or other entities, all of which shall have rules and regulations controlling
the development in conformance with this chapter.
To include items such as but no limited to buildings for
recreational uses, biking paths, bridle paths, walking paths, tennis
courts, shuffleboard courts, swimming pools, golf course, and similar
recreational improvements related to the PRC.
C.
Permitted uses.
(2)
Accessory uses:
(a)
Administration and security buildings related
to the PRC.
(b)
Retail uses, not to exceed 3% of the gross tract
area, that comply with the specific requirements of the Highway Development
(HD-2) Zone, which shall be located only upon highway frontage.
(c)
Individual storage sheds and patios.
(d)
Bus stops to service the retirement community
center as part of the PRC development.
(e)
Golf course.
(f)
Medical facilities, not to exceed 1% of the
gross tract area.
(g)
Off-street parking facilities.
D.
Tract requirements.
(1)
Tract requirements. The tract shall be under one ownership
or control by the applicant for purposes of obtaining all required
development approvals, and committing the tract to the regulations
of the Planned Retirement Community Development District.
(2)
Tract density: 2.25 dwelling units per gross acre,
dependent on site-specific natural features and environmental constraints.
(3)
Minimum tract area: 100 acres.
(4)
Minimum tract frontage: 200 linear feet on a collector
or arterial roadway.
(5)
Minimum tract perimeter buffer: 50 feet to residential
uses; 100 feet to active farm use; 100 feet to commercial use; 100
feet to arterial roadway.
(6)
Minimum tract open space: 50%.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 7,200 square feet.
(2)
Minimum corner lot area: 9,600 square feet.
(3)
Minimum lot frontage: 50 feet.
(4)
Minimum lot width: 60 feet.
(5)
Minimum lot depth: 120 feet.
(6)
Minimum front yard setbacks: 20 feet.
(7)
Minimum rear yard setbacks: 25 feet.
(8)
Minimum side yard setback (one-story units): nine
feet.
(9)
Minimum side yard setback (two-story units): 10 feet.
(10)
Minimum both side yards (one-story units): 18
feet.
(11)
Minimum both side yards (two-story units): 20
feet.
(13)
Minimum distance between buildings (one-story):
18 feet.
(14)
Minimum distance between buildings (two-story):
20 feet.
(15)
Maximum building height: 30 feet.
(16)
Maximum stories: two stories.
(18)
Distance to another building: 10 feet.
G.
Minimum landscape requirements. The following PRC
standards are in addition to applicable Township standards:
(1)
Tract. Street trees shall be planted along all perimeter
street frontages and both sides of all internal roadways. Trees shall
be installed within a minimum size of three-inch caliper, and spaced
50 feet apart, and located per Township standards.
(2)
Residential. The applicant, with each homeowner so
notified within a prospectus, shall be responsible for planting a
minimum of one shade tree of three-inch caliper, and 10 shrubs with
a minimum size of 30 to 36 inches, within six months of occupancy
of a dwelling unit.
(3)
Commercial.
(a)
A minimum of 15% of the net commercial site
shall be landscaped.
(b)
A fifteen-foot wide landscaped buffer to residential
uses shall be provided and planted with evergreen plantings 10 feet
high and 10 feet apart, and shall be supplemented with shrubs to provide
four-season interest.
(c)
Parking areas shall be screened from roadways
by evergreen plantings installed a minimum of 36 inches high (30 inches
high within required sight triangles), and located a maximum of 36
inches apart.
(4)
Stormwater management facilities. All facilities shall
be screened with perimeter plantings, a minimum of 36 inches high,
designed to provide four-season interest. To the extent possible,
water-tolerant plants and native plant species shall be incorporated
in the basin interior.
H.
Signage. Provisions of Chapter 256 of the Howell Township Code shall govern signage associated with the PRC Development District, except as specified below:
(1)
Identification signs. A maximum of two freestanding
project identification signs are permitted only at the entrance driveways
to the development. These signs shall state the name of the development
and no other advertising material. Each sign shall not exceed four
feet in height, and have a maximum face area of 32 square feet. Signs
shall have ground-level external illumination. Signs shall be mounted
on a monument base and landscaped.
(2)
Interior signs. At the sales office of the development,
the recreation center, and any other accessory building associated
with the operation of the community, a maximum of one freestanding
identification sign shall be permitted. Each sign shall only identify
the facility. Each sign shall not exceed three feet in height, and
have a maximum face area of 18 square feet. Signs shall have ground-level
external illumination. Signs shall be mounted on a monument base and
landscaped.
(3)
Commercial signs. One freestanding identification
sign shall be permitted on the primary frontage of the commercial
site. The sign shall identify the center, and provide an area for
each tenant space. Said sign shall be a maximum of 12 feet high, with
a maximum face area of 72 square feet. Said sign shall have ground-level
external illumination. Said sign shall be mounted on a monument base
and landscaped. One nonilluminated facade sign shall be permitted
for each tenant space within the center. Signage shall not exceed
10% of the front wall area of each tenant space. All facade signage
shall be of a uniform height, not to exceed two feet.
I.
Deed restrictions. Approval of a planned retirement
community development consisting of age-restricted housing in the
Township shall be conditioned upon the submission by the applicant
to the approving board attorney of restrictive covenants on the deeds
to any and all portions of a tract so developed, to insure that:
J.
Management and maintenance. Within the PRC, the applicant
shall establish a homeowners' association.
(1)
Management of roadway, recreation facilities, security,
internal transportation and open space shall be owned and maintained
by a homeowners' association consisting of all residents. Notification
of this provision is to be included in the contract of sale for each
dwelling unit.
(2)
The homeowners' association shall own and be responsible
for the maintenance, repair and reconstruction of all buildings and
lands owned by the residents of the community in common with one another.
Such lands shall include, at a minimum, all recreational areas, open
space, and drainage facilities required by the Township Planning Board.
K.
Required open space and recreation facilities:
(1)
Open space recreation:
(a)
For projects over 200 acres, at least 50% of
the overall tract area shall be reserved for unimproved open space,
including the PRC recreational facility. For projects under 200 acres,
at least 30% of the overall tract area shall be reserved for open
space, including the PRC recreational facility.
(b)
A minimum of 10% of all open space shall be
utilized for active recreation.
(c)
At least 10% of all open space shall be utilized
for passive recreation.
(d)
All open space and recreation areas shall be
owned in common by residents of the PRC and managed by the homeowners'
association.
(e)
Any open space area for recreation purposes
shall have a minimum contiguous area of not less than five acres at
one location.
(f)
A comprehensive recreation plan shall be prepared,
and approved by the Township Planning Board, to include all proposed
passive and active recreation elements such as walking trails, picnic
areas, outdoor tennis courts, shuffleboard courts, swimming pools,
and seating areas.
(2)
Recreational facilities. Each PRC shall have a retirement
community center to comply with the following standards:
(a)
A comprehensive circulation plan shall be prepared
to provide for and coordinate the road network, bike paths and sidewalk
layout for the entire development with emphasis on access to the PRC
center.
(b)
The PRC center may include, but not be limited
to, cafeteria facilities, homeowners' association management offices,
recreational and social activities rooms and offices, and a multipurpose
room designed for social activities.
(c)
The PRC center shall have a minimum area footage
of 15 square feet per dwelling unit. The PRC center building shall
provide adequate space to accommodate such optional amenities as a
medical suite, a nutrition counseling suite, etc.
(3)
Ownership and maintenance. All open space areas shall
be protected by legal arrangements, satisfactory to the Planning Board
Attorney, sufficient to assure their maintenance and preservation
for their intended purpose. Covenants or other legal arrangements,
including homeowners' associations, shall specify ownership of the
area; method of maintenance, responsibility for maintenance; maintenance
taxes and insurance; compulsory membership and compulsory assessment
provisions; guarantees that any association formed to own and maintain
the area will not be dissolved without the consent of the Township
Planning Board; and any other specifications deemed necessary by the
Planning Board.
L.
Additional facilities. Each PRC shall provide appropriate
security measures, which shall include, but may not be limited to,
gatehouses and/or secured entries to the PRC and long-term off-street
parking facilities for seasonal vehicle storage, recreational vehicles,
boat trailers, etc. Such long-term parking areas shall provide stalls
10 feet wide by 35 feet long with aisles 25 feet wide and shall have
dense perimeter landscape screening.
M.
Timing of construction of accessory uses.
(1)
At least 50% of any commercial component of the approved
PRC development plan shall be constructed prior to the issuance of
a certificate of occupancy for more than 50% of the dwelling units.
The entire (100%) commercial component of the approved PRC development
plan shall be constructed prior to the issuance of a certificate of
occupancy for more than 90% of the dwelling units.
(2)
The PRC center shall be constructed, a certificate
of occupancy issued and functional prior to the issuance of a certificate
of occupancy for more than 25% of the dwelling units.
(3)
All proposed recreational facilities shall be constructed
prior to the issuance of a certificate of occupancy for more than
90% of the dwelling units.
[Added 5-1-2007 by Ord. No. O-07-12;
amended 10-16-2007 by Ord. No. O-07-40]
A.
Purpose and intent. The RMLD District is being created
to fulfill four policies of the Township:
(1)
First, the need for housing in the Township
to meet the diverse housing needs of an aging population.
(2)
Second, commercial development along Route 33
will provide increased convenience for the residents of the area and
mitigate the extent of additional vehicle miles traveled with residential
growth in the area.
(3)
Third, the implementation of this zoning district
is an integral part of the Township's efforts to meet its affordable
housing obligation.
(4)
Fourth, the implementation of the RMLD District
arises from a settlement agreement which ends a dispute that has been
a drain on public and private resources.
B.
Permitted uses. The following shall be permitted in
the RMLD District:
(1)
Principal uses.
(a)
Residential dwelling units, which may be configured
as single-family attached, townhouses, duplexes, triplexes, and multifamily
dwellings.
(b)
Commercial uses, including:
[1]
Retail sales and services.
[2]
Offices, including medical offices and centers,
professional services and financial institutions.
[3]
Restaurants and related food preparation, sales
and service establishments.
[4]
Special needs residential facilities which provide
common living areas, shared by a number of separate bedrooms as licensed
and permitted by the State of New Jersey.
[5]
In conjunction with the uses enumerated above,
provisions for drive-through, pick-up or take-out facilities.
(2)
Conditional uses: none.
(3)
Accessory uses. The following accessory uses
are permitted:
(a)
Sheds, decks, fences, signs and entry features
located in a manner that is consistent with a plan approved by the
Planning Board at the time the development receives its development
approvals which authorizes specific locations or typical locations
for each dwelling type.
(b)
Sheds and decks shall be located no closer than
five feet to any rear or side yard property lines and may not be located
in buffers required for the tract along adjoining uses.
(d)
Utilities and related services such as transformers,
pumping stations, treatment facilities, meters, etc., necessary for
the proper distribution and monitoring of these services.
(e)
Off-street parking and loading areas consistent
with New Jersey's Residential Site Improvement Standards.
C.
Area, yard, bulk and architectural requirements. The
following tract requirements shall apply:
(2)
Landscape buffers.
(a)
A landscaped buffer of a minimum width of 50
feet shall be provided along NJ State Highway Route 33.
(b)
A landscaped buffer of a minimum width of 50
feet shall be provided along all other RMLD Zone boundaries except
adjacent to the approved buffer in the PRC Zone, and where a buffer
in the PRC does not exist, the buffer shall be 35 feet.
(3)
Bulk requirements.
(a)
Townhouses.
[1]
No townhouse shall exceed 35 feet in height
and 2 1/2 stories.
[2]
No new accessory building as may be approved
by the Board, shall exceed 15 feet in height and 1 1/2 stories.
[3]
Setback and building requirements. The following
are setback and building requirements for townhouse units:
|
Standard
|
Requirement
| ||
|---|---|---|---|
|
Maximum number of units per building
|
8
| ||
|
Maximum building length
|
200 feet
| ||
|
Minimum setback of buildings to NJSH Rt. 33
|
75 feet
| ||
|
Minimum setback to § 188-86.1C(2)(b)
|
15 feet
| ||
|
Minimum setback to off-street parking areas
|
10 feet
| ||
|
Minimum setback to internal streets
|
15 feet
| ||
|
Minimum distance between buildings
| |||
|
One-story townhouse unit
| |||
|
Side to side
|
20 feet
| ||
|
Side to front/back
|
30 feet
| ||
|
Back to back
|
40 feet
| ||
|
Rear yard from buffer
|
15 feet
| ||
|
Two-and-one-half story townhouse unit
| |||
|
Side to side
|
25 feet
| ||
|
Side to front/back
|
40 feet
| ||
|
Back to back
|
50 feet
| ||
|
Minimum parking requirements (see RSIS/N.J.A.C.
5:91-4.14 et seq.)
| |||
|
1-bedroom
|
1.8 spaces
| ||
|
2-bedroom
|
2.3 spaces
| ||
|
3 or more bedrooms
|
2.4 spaces
| ||
(b)
Multifamily units.
[1]
No building containing age-restricted multifamily
dwelling units shall exceed 45 feet in height and three stories.
[2]
No new accessory building, as may be approved
by the Board, shall exceed 15 feet in height and 1 1/2 stories.
[3]
Setback and building requirements.
|
Standard
|
Requirement
| |
|---|---|---|
|
Maximum number of units per building
|
24 units
| |
|
Maximum building length
|
250 feet
| |
|
Minimum setback of buildings to NJSH Rt. 33
|
115 feet
| |
|
Minimum setback to § 188-86.1C(2)(b)
|
15 feet
| |
|
Minimum setback to internal streets
|
25 feet
| |
|
Minimum setback to off-street parking areas
|
10 feet
| |
|
Minimum distance between buildings
|
30 feet
| |
|
Minimum required parking (see RSIS/N.J.A.C.
5:91-4.14 et seq.)
| ||
|
1-bedroom
|
1.8 spaces
| |
|
2-bedroom
|
2.0 spaces
| |
|
3-bedroom or more
|
2.1 spaces
| |
(4)
Bulk requirements for commercial development:
As found on Schedule II, Bulk and Dimensional Requirements Nonresidential
Zones for Highway Commercial (HC) Zone.[1]
(a)
A minimum of 15% of the net commercial site
shall be landscaped.
(b)
A fifteen-foot-wide landscaped buffer to residential
uses shall be provided and planted with evergreen plantings 10 feet
high and 10 feet apart, and shall be supplemented with shrubs to provide
four-season effect.
(c)
Parking areas shall be screened from roadways
by evergreen plantings installed a minimum of 24 inches high and located
a maximum of 36 inches apart. A planting area within sight triangle
easement shall be planted similarly with evergreen shrubs and shall
have a maintained height of note more than 30 inches.
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
D.
Additional requirements and exceptions from other
requirements.
(1)
The development application is exempt from review
related to the presence or absence of historic or cultural resources,
and is exempt from any municipal requirements pertaining to endangered
species or habitat.
(2)
The development application is exempt from any
generally applicable fees charged by the municipality for COAH contributions,
recreation, tree replacement, open space preservation, or similar
fees. No off-tract infrastructure requirements may be assessed or
assigned to the development for any roadway improvements by the municipality.
Any off-site improvements or payments in lieu thereof related to the
provision of potable water and sanitary service provision shall be
imposed on a fair-share basis strictly in accordance with N.J.S.A.
40:55D-42.
(3)
The application must be based upon the settlement
agreement by and between the Township of Howell and Centex Homes,
L.C.C. in regard to phasing requirements.
(4)
The affordable housing obligation for this tract
is 72 affordable family units, which shall be deed restricted pursuant
to N.J.A.C. 5:80-26.1 et seq. and will comply with all of COAH's rules
with respect to accessibility.
(5)
As an inclusionary development, all applications
are subject to the provisions of N.J.A.C. 5:94-8 et seq., which sets
forth limitations on application requirements and provides a standard
of review for the Planning Board for variances or deviations necessary
to accomplish the intent of this district.
[Added 7-17-2007 by Ord. No. O-07-23]
A.
Purpose. The purpose and intent of the RAC Zone is
to provide for the development of an adult community in areas of the
Township of Howell in accordance with applicable federal and state
laws and regulations. This may include recreational facilities.
B.
OPEN SPACES
Definitions. The following terms shall apply to the
RAC Residential Adult Community District:
Any parcel of land or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
area may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designated
to be incidental to the natural openness of the land. Open space may
include farm land set aside in perpetuity intended for the preservation
of the farming use.
[Amended 6-4-2008 by Ord. No. O-08-16]
D.
Tract/bulk requirements.
(1)
Ownership and control. The tract shall be under
one ownership or control by the applicant for purposes of obtaining
all required development approvals and committing the tract to the
regulations of the Residential Adult Community District.
(2)
Minimum gross acreage: 50 acres.
(5)
Minimum lot depth: 100 feet.
(6)
Minimum lot depth along Garden State Parkway:
125 feet.
(8)
Minimum front yard: 25 feet.
(9)
Minimum side yard: five feet; combined: 15 feet.
(10)
Minimum distance between buildings: 15 feet.
(11)
Minimum rear yard: 20 feet.
(12)
Maximum impervious coverage: 50%.
(13)
Maximum building coverage per lot: 41%.
(14)
Maximum building height: 35 feet.
(15)
Maximum building density: 3.6 units per acre.
(16)
Minimum open space (gross acreage): 30%.
(17)
Maximum building coverage (overall): 25%.
(21)
Building setbacks and minimum distances between
all buildings shall be measured from lot lines (and not from street
lines) to building foundation lines, excluding foundations for fireplaces,
porches and other exterior protrusions of a building which do not
protrude beyond five feet.
E.
Deck, patio or screened porch. Permitted within 10
feet of any rear yard line and within five feet of any side yard line.
G.
Recreational area requirements.
(1)
Clubhouse (15 square feet per dwelling unit):
2,655 square feet.
(2)
Pool: 1,500 square feet.
(3)
Pool sitting area: 3,000 square feet.
(4)
Parking (one per 50 square feet of clubhouse):
54.
(5)
Picnic/barbecue area (10 square feet per dwelling
unit): 1,770 square feet.
(6)
Impervious lot coverage: 50%.
(7)
Two tennis courts and a horseshoe pit: 1.96
acres.
H.
Deed restrictions. Approval of a residential adult
community in the Township shall be conditioned upon the submission
by the applicant to the approving board attorney of restrictive covenants
on the deeds to any and all portions of a tract so developed, to include
the following provisions:
(1)
Requiring owners to, at all times, operate and
maintain such lots or parts of the tracts in good order and repair
and in a clean and sanitary condition.
(2)
Requiring that all cross-easements for all parking
areas, appurtenant ways, pedestrian accesses and utilities shall be
maintained between all lots.
I.
Infrastructure requirements.
(1)
Sight triangle easements shall be subject to
the Land Use Regulations of the Township of Howell: Intersections:
Interior: 90 feet by 90 feet. (Distance measured from center line
to center line.)
(2)
All roadways, open space and storm drainage
facilities shall be privately owned and maintained by the homeowners'
association.
J.
Relationships to other sections within this chapter.
Where the regulations of the RAC Zoning District conflict with any
other regulations of this chapter, the regulations contained in this
section for the RAC Zoning District shall apply.
[Added 10-20-2009 by Ord. No. O-09-52]
A.
Purpose. The purpose and intent of providing for the development
of a multipurpose recreation and sports complex in the SED Zone is
to address the year-round recreational needs of both adults and children.
B.
HEALTH CLUB
MULTIPURPOSE RECREATION AND SPORTS COMPLEX
Definitions. The following terms shall apply to a multipurpose recreation
and sports complex:
An establishment that provides exercise facilities such as
running, jogging, aerobics, weight lifting, court sports, and swimming,
as well as locker rooms, showers, massage rooms, saunas and related
accessory uses such as pro shops that sell a variety of sports equipment
and clothing.
A private members-only facility intended to provide both
adults and children year-round health, fitness, athletic activities,
and a sports academy to provide instruction, training and practice
in such sports as baseball, soccer, football, softball, lacrosse,
field hockey and swimming. The multipurpose recreation and sports
complex shall provide for a wide variety of indoor and outdoor uses,
with or without seating for spectators, and shall provide accommodations
for a variety of individual and organized sports including but not
limited to volleyball, handball, lacrosse, field hockey, softball,
basketball, soccer, football and baseball facilities, including indoor
batting cages and outdoor fields. Such a facility may also provide
other regular organized sporting events, health and fitness club facilities,
swimming pools, snack bar, and retail sales of related sports, health
and fitness items, and other support facilities. All uses within the
complex shall be nonmotorized.
C.
Location. A multipurpose recreation and sports complex shall only
be permitted within an SED Zone District. The multipurpose recreation
and sports complex shall be serviced by public sewer and centralized
water, located next to or within the Monmouth County's Western Monmouth
Development Plan regional center expansion area, and having lot frontage
along a local roadway.
D.
General.
(1)
In the SED Zone a multipurpose recreation and sports complex
shall be located to assure the safety of the users of the on-site
facilities from any other SED permitted land uses.
(2)
Vehicular access to and from the development shall be limited
to two driveway curb cuts along the frontage of a local roadway. One
of the two curb cuts shall be designed as the main entrance/exit driveway
with a landscaped center median island.
(3)
Permitted uses on a development tract or property may include
an outdoor pool club, a sports building and a health club. Principal
buildings shall be oriented to relate to each other in a coherent
manner. Acceptable design principles shall be employed in siting buildings,
siting parking areas, and providing appropriate-scale pedestrian and
bicycle amenities.
(4)
A pool club shall include an outdoor pool and patio. There shall
also be a children's pool. The pool patio shall have an adjacent open-air
pavilion. Provision shall be made for picnic and play areas and a
beach volleyball court. The pool area shall be designed to be covered
with a structure to permit year-round use of the pool. Temporary bleacher
seating may be set up in the patio area to facilitate competitive
swimming events with spectators.
(5)
A sports building shall have a minimum gross floor area of 60,000
square feet. The building shall contain playing surfaces or fields
to include designated areas for teams, coaches and spectators within
the sports building. The sports building shall meet the following
criteria:
(a)
Team and individual sports that may be played shall include,
but not be limited to, soccer, lacrosse, field hockey, roller hockey,
ice hockey, flag football, volleyball, basketball, badminton, weight
lifting, roller skating, squash, handball, racquetball, track and
field events and functionally similar sporting activities.
(b)
The total building square footage may include combined playing
surface(s), and coaches and spectator areas.
(c)
Areas for personal fitness may include areas for weight training,
aerobic conditioning, and other fitness development regimens.
(d)
Offices for sports-related professional businesses may include
offices for personal trainers, coaches, sports medical professionals,
sports associations and functionally similar users.
(e)
Ancillary support services may include front desk area, food
service, sports retailers, sports-related entertainment, and an elevated
enclosed pedestrian bridge to connect a principal building with another
principal building that contains similar or complementary uses. The
area associated with an elevated enclosed pedestrian bridge shall
not be considered part of gross floor area for the purpose of calculating
minimum off-street parking requirements.
(6)
A health club building shall have a minimum gross floor area
of 60,000 square feet. The building shall contain fitness equipment,
an indoor pool and basketball court and an elevated track. The health
club building shall meet the following criteria:
(7)
Application for a multipurpose recreation and sports complex
shall require the submittal of a traffic study that will address traffic
flow and off-street parking requirements. The traffic study shall
be submitted with a site plan application and shall be sealed by a
licensed traffic engineer.
E.
Architectural design standards.
(1)
The pool club building shall be designed to reflect a residential
style with materials that include wood frame construction, cedar-look
vinyl siding and Timberline-type asphalt shingles.
(2)
The sports building shall be steel framed with insulated metal
panel siding. The siding shall be articulated with horizontal bands
in various colors. A three-to-five-foot-high decorative masonry band
shall be provided at the base of the building to provide a durable
surface along the grade. Horizontal bands of windows and translucent
roof panels shall be provided to minimize the need for interior lighting
during the daylight hours. The roof shall be sloping standing seam
metal roof panels.
(3)
The health club building shall be steel framed with insulated
metal panel siding. The siding shall be articulated with horizontal
bands in various colors. The banding will serve to break up the mass
of some of the larger two-story wall elements. A three-to-five-foot-high
decorative masonry band shall be provided at the base of the building
to provide a durable surface along the grade. Horizontal bands of
windows shall be provided to minimize the need for interior lighting
during the daylight hours. Portions of the roof shall be flat with
other sections comprised of sloping standing seam metal roof panels.
Solar panels shall be installed on the flat roof in such a way that
they will not be visible from the ground level.
(4)
An elevated enclosed pedestrian bridge may be constructed to
connect on-site principal buildings with one another.
(5)
The health club building shall feature a distinctive architectural
tower element feature that identifies the main entrance to this building.
(6)
Mechanical equipment or other utility hardware on roofs, the
ground, or mounted on buildings shall be screened from public view
with materials harmonious with the building, or they shall be so located
as not to be visible from any public ways.
(7)
The applicant shall submit floor plans and architectural elevations
for all buildings associated with the development of a multipurpose
recreation and sports complex.
F.
Area, yard and building requirements.
(1)
Ownership and control. The property or tract shall be under
one ownership or control by the applicant for purposes of obtaining
all required development approvals and committing the tract to the
regulations of a multipurpose recreation and sports complex.
(2)
Minimum gross acreage: 40 acres.
(3)
Minimum lot width: 350 feet.
(4)
Minimum lot depth along a local roadway: 1,000 feet.
(5)
Minimum lot frontage: 350 feet.
(6)
Minimum front yard setback: 100 feet.
(7)
Minimum side yard setback: 50 feet.
(8)
Minimum distance between buildings over one story: 100 feet.
(9)
Minimum rear yard setback: 50 feet.
(10)
Maximum impervious coverage: 50%.
(11)
Maximum building coverage: 20%.
(14)
Principal building setbacks: buildings equal to or over 60 feet
tall shall have a minimum one-hundred-fifty-foot setback from any
property line.
G.
Public sanitary sewer service. Public sanitary sewer service is required for development under the area, yard and building requirements of Subsection F of this section.
H.
Landscape buffers and setbacks.
(1)
Landscaping shall be provided approved by the reviewing board
to provide shade, designate entrances, screen parking from roads,
screen utility areas and provide aesthetic interest throughout the
year.
(2)
Decorative foundation landscaping shall be required on all street
frontages and public view facades and is encouraged on the side and
rear facades. A landscaped planting buffer is required between parking
areas and buildings.
(3)
A landscaped buffer of a minimum width of 50 feet shall be provided
along any tract boundary, except where such boundary abuts a roadway
frontage, public open space or lands to be dedicated as public or
private open space, in which instance the required buffer shall be
not less than 15 feet.
(4)
Where parking is adjacent to a public right-of-way, a fifteen-foot-wide
landscape buffer shall be provided between the edge of the right-of-way
and the edge of the parking lot. The landscape buffer shall consist
of one or a combination of the following:
(a)
A solid wall or architectural fence of four feet in height;
and
(b)
Landscaping of at least one shrub every three linear feet in
the form of an evergreen hedge three feet high; and
(c)
Berms at least three feet high to be planted with ground cover,
shrubs, and trees so as to provide a substantially solid screen five
feet high.
(5)
A development application shall include plans for water irrigation
of all landscaping, buffering and lawn areas as determined necessary
by the Planning Board. The approved irrigation plan shall be constructed,
installed and maintained by the developer and/or subsequent owner.
(6)
In order to reinforce a sense of place and for ecological benefit,
a minimum of 50% of all plantings shall be species native to the region
and a maximum of 50% of the plantings may be non-native, noninvasive
species. Fertilization and maintenance of plantings shall be as ecologically
sustainable as possible, by engaged organic methods and low-spray
or no-spray and toxicity protocols wherever feasible.
I.
Off-street parking and loading. Where practical, off-street parking
areas shall be integrated into the design of a site to maximize accessibility
while minimizing the negative impacts of large parking lots. The use
of landscaping, berms, several smaller lots and architectural elements
shall be encouraged to reduce the impacts of large parking lot design.
Loading areas shall not be constructed facing any street. All loading
areas shall be screened from visibility from neighboring property.
The following standards shall apply:
(1)
Off-street parking spaces shall be required to satisfy the dimensional requirements in § 188-107A, except that a parking space may be nine feet wide and 18 feet in length.
(2)
Off-street loading areas shall be appropriately screened with
architectural walls and landscaping.
(3)
The interior of all parking lots shall be landscaped in accordance
with the standards found in § 188-227G.
J.
Sidewalks. Pedestrian linkages between buildings and between parking
areas and buildings shall be part of a site plan submission. Pedestrian-oriented
amenities such as walks, plazas and/or patios shall be incorporated
into the site plan(s) where appropriate. Where required, sidewalks
shall be at least five feet wide and located or approved by the approving
authority except that sidewalks that abut parking spaces shall be
at least six feet wide.
K.
Site lighting. A combination of pole- and building-mounted lights
shall be provided to satisfy Township standards and to provide a safe
environment. Well designed soft lighting of the building exterior
shall be permitted provided that the lighting complements the architecture.
The lighting shall not draw inordinate attention to the building.
Parking lot and roadway lighting shall be provided by freestanding
fixtures designed to minimize glare to the street and adjacent properties.
In all cases, site lighting shall be shielded and aimed so as to minimize
adverse impacts associated with stray light, glare, overhead sky glow
and light that falls beyond the boundaries of the property lines.
Light poles shall be no taller than 25 feet as measured from the finished
grade. The lighting plan shall take into consideration the hours of
operation of the facility. Lights shall be designed so that they can
be reduced or turned off when they are not necessary. A timer may
be necessary to regulate the hours of operation. The type of light
fixture and color of lamping shall be evaluated for their compatibility
with the architecture and natural site characteristics.
L.
Development standards. The minimum construction requirements for
streets, roads, sidewalks, sewer facilities, utility use and drainage
shall be in compliance with appropriate Howell Township regulations
and ordinances.
M.
Deed restrictions. Approval of a multipurpose recreation and sports
complex shall be conditioned upon the submission, by the applicant
to the approving board attorney, of restrictive covenants on the deeds
to any and all portions of a tract so developed, to include the following
provisions:
(1)
Requiring the owner to, at all times, operate and maintain such
lot or parts of the tract in good order and repair and in a clean
and sanitary condition.
(2)
Requiring that any cross-easements for parking areas, appurtenant
ways, pedestrian accesses and utilities shall be adequately maintained.
(3)
Establishing the provision for the long-term maintenance of
all open lands and recreational facilities and uses. The responsibility
for the cost of such maintenance shall be borne by the applicant.
N.
Signage.
(1)
Freestanding monument signs.
(a)
A maximum of two freestanding monument signs shall be permitted
along the local street frontage at each entrance to the tract, set
back from the street right-of-way, driveway and lot lines at least
15 feet. These signs shall be located where they are visible from
the adjacent street. They shall be monument-based and ground-mounted
horizontally, and shall not be raised in the air on poles. They shall
not be greater than 48 square feet in size, excluding the base, which
shall be a maximum of two feet in height. The base of a monument sign
shall be planted with shrubs and seasonal flowers. The sign shall
be used to display the development's name.
(b)
A freestanding monument sign may be lit with an external spot
or floodlighting, halo-lit or with back-lit letters. A ground-mounted
light shall be arranged so that the light source is screened from
direct view by passersby, and so that the light is directed against
the sign and does not shine into adjacent property or blind motorists
and pedestrians. Halo-lit or back-lit letters are highly encouraged
for the monument signs. Such signs convey a subtle and attractive
appearance and are very legible under moderate ambient lighting conditions.
Face-illuminated letters are not appropriate for this type of signage.
(2)
Wall-mounted signs.
(a)
A pool club shall be permitted to have one halo-lit or back-lit
wall-mounted sign to be no greater than 40 square feet in size.
(b)
A sports building shall be permitted to have two halo-lit or
back-lit wall-mounted signs, each to be no greater than 360 square
feet in size.
(c)
A health club building shall be permitted to have one halo-lit
or back-lit wall-mounted sign to be no greater than 180 square feet
in size. This maximum amount of signage may be divided between two
signs to be mounted on two different faces of a tower element.
(d)
Signs shall be mounted so that the method of installation is
concealed.
(e)
Sign colors shall be compatible with the colors of the building
facade.
(3)
Back-lighting shall illuminate the letters, characters, or graphics
of a sign but not its background.
(4)
Additionally, information and directional signs, each not more
than three feet in height and 10 square feet in area, shall be permitted,
where appropriate and as approved by the Board, in order to guide
pedestrian and vehicular traffic to its intended destination in a
safe and convenient manner.
(5)
Where individual letter signs face nearby residences, a low
level of brightness shall be maintained.
O.
To the extent feasible, development of a multipurpose recreation
and sports complex shall follow the guidelines of the U.S. Green Council's
Leadership in Energy and Environmental Design (LEED).[1]
[1]
Editor's Note: Former § 188-86.4, Reserve Mount Laurel
District 2 (RMLD-2), added 10-19-2015 by Ord. No. O-15-40, which immediately
followed this section, was ruled void by a judge 1-18-2017.
[Added 7-18-2017 by Ord.
No. O-17-11]
A.
Purpose. The purpose and intent of the RMLD-2 District is to provide
for the development of a one-hundred-percent affordable project not
to exceed 72 multifamily units.
C.
Tract requirements.
(1)
Ownership and control. The tract shall be under one ownership
or control by the applicant for purposes of obtaining all required
development approvals and committing the tract to the regulations
of the RMLD-2 District.
(2)
Maximum tract density: 6.0 dwelling units per gross acre but
not to exceed a total of 72 residential units.
(3)
Minimum tract area: 10 acres.
(4)
Minimum tract frontage: 200 linear feet.
(5)
Minimum tract perimeter landscaping: 50 feet from the street
line and 30 feet from all other property lines, which may include
fencing in addition to vegetative screening. All other buffer or similar
requirements set forth in this chapter or Chapter 247, Riparian Buffer/Stream
Corridor, that are otherwise applicable to residential zones shall
not apply to the RMLD-2 District.
(6)
Minimum tract open space: 25%.
D.
Area, yard and building requirements.
|
Minimum building setback from right-of-way
|
50 feet
| |
|
Minimum building setback from all other property lines
|
50 feet from the street lines; 30 feet from all other property
lines
| |
|
Maximum lot coverage
| ||
|
Buildings
|
15%
| |
|
Impervious
|
25%
| |
|
Minimum distance between buildings
|
50 feet
| |
|
Maximum building height
|
35 feet
| |
|
Maximum stories
|
2.5 stories
| |
|
Maximum number of units per building
|
32
| |
E.
Minimum parking requirements. Parking spaces shall be provided in
accordance with the requirements of the New Jersey Residential Site
Improvement Standards (RSIS). Garden apartment ratios shall be utilized
in determining the minimum required number of off-street parking spaces.
Off-street parking spaces may be provided in surface parking lots
or underneath residential buildings.
F.
Dedication of open space. Open space on the tract may be maintained
by the owner, a tenant association, or condominium association, or
may be dedicated to the Township of Howell as determined by the Planning
Board. The area of such dedicated open space shall continue to be
considered as part of the tract area for purposes of compliance with
the RMLD-1 Zone bulk regulations.
G.
Relationships to other sections this chapter. Where the regulations
of the RMLD-1 Zone conflict with any other regulations of this chapter,
the regulations contained in this section for the RMLD-2 Zone shall
apply.
[Added 7-12-2022 by Ord.
No. O-22-34]
A.
Purpose. The purpose of the Military (MIL) Zone is intended to place
property which is used and occupied by the United States federal government
in association with Naval Weapons Station Earle (NWSE) in a zoning
classification that is consistent with the existing uses. The zone
provides permitted and accessory uses consistent with military operations
and eliminates conflicting and incompatible other uses.
C.
Bulk and dimensional standards.
(1)
The bulk and dimensional standards of the MIL Zone shall be consistent with the Agricultural Rural Estate 6 (ARE-6) Zone as per Chapter 188, Schedule III, Bulk and Dimensional Requirements, Residential Zones.[1]
[1]
Editor's Note: Schedule III is included as an attachment to this chapter.
