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

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

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

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

Area and yard requirements.

Minimum off-street parking.

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

Signs.

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

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

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

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

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

Area, yard, bulk and design requirements.

Signs.

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

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

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

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

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

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

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

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

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

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

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

Signs: as provided for in § 102-84H.

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

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

Permitted accessory uses:

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

Affordable housing. Not less than 20% of the total units developed on the site shall be affordable housing rental units. All affordable units shall be integrated into the market rate dwelling units with no more than 10 affordable units per building. If the multifamily rental dwelling units are subject to a condominium form of ownership, affordable units may be owned and managed by an affordable housing developer. The affordable units shall comply with the applicable regulations of the New Jersey Council on Affordable Housing, including the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and all other applicable law, including a requirement that 13% of all affordable units within each bedroom distribution are available to very-low-income households, and the affordable rental units shall be deed-restricted for a period of at least 30 years from the date of the initial occupancy of each affordable unit, unless and until the Township decides, in its sole discretion, to release the controls on affordability.

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

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

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

Signs.

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

Yards.

Phased development.

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

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

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

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

Area and yard requirements.

Minimum off-street parking.

Signs.

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

Miscellaneous requirements and exemptions.

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

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

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

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

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

Area and yard requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Site requirements.

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

Signs and traffic control.

Farm stand permit.

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

Golf course, Type A, large complex.

Golf course, Type B, limited complex.

Golf courses, Types A and B, design standards.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Reserved)[1]

Contiguous undersized lots under one ownership are considered one lot.

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

Required participation.

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

Monitoring costs of lower-income housing

Bulk and design requirements.

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

Rental housing and down payment assistance.

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

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

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

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

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

On or about June 1 of each year through the end of the period of third round judgment of repose, the Township will provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to all parties to the Township's Court-approved settlement agreements, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the Special Master and FSHC.

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

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

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

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

Low/moderate split and bedroom distribution of affordable housing units:

Accessibility requirements:

Maximum rents and sales prices.

Condominium and homeowners association fees.

Affordable unit controls and requirements.

Affirmative marketing.

Occupancy standards.

Selection of occupants of affordable housing units.

Control periods for restricted ownership units and enforcement mechanisms.

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

Buyer income eligibility.

Limitations on indebtedness secured by ownership unit; subordination.

Control periods for restricted rental units.

Price restrictions for rental units; leases.

Tenant income eligibility.

Conversions.

Alternative living arrangements.

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

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

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

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

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

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

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

Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.

The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.

Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.

The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

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

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

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

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

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

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

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

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

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

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

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

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

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

The physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment shall be adequate and shall comply with appropriate portions of the Master Plan.

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

In the case of a proposed development which contemplates construction over a period of years, the term and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development shall be adequate.

See the definition in Article III.

The minimum lot size shall be 10 acres.

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

No show permit or site plan approval is required.

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

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

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

See the definition in Article III.

The minimum lot size shall be 25 acres.

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

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

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

Private shows are permitted subject to the following requirements:

See the definition in Article III.

The minimum lot size shall be 50 acres.

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

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

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

Public shows are permitted subject to the following requirements:

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

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

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

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

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

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

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

Indoor signs. One nonblinking or flashing internally illuminated or neon type sign containing a maximum area of three square feet is allowed in a window of a commercial establishment. All other illuminated signs or flashing lights within a structure or building are allowed only if they are not plainly visible outside the structure to the general public when 100 feet or more from any part of the structure.

Sign removal. Colts Neck Township retains the right to remove all illegal signs from any state, county or local streets, street signs, public property or utility poles.

Public property. Permission to place any temporary sign on Township-owned property shall be granted on an individual basis, upon written request to the Township Committee. No such request shall be granted where such a sign shall pose a health and safety hazard, obstruct the safe passage of the public through public places or otherwise obstruct the view of streets.

No building or structure shall hereafter be erected, constructed, placed, altered or enlarged in any residence zone which shall be like any neighboring building then in existence or for which a construction permit has been issued or which is included in the same construction permit application in more than one of the following respects:

Buildings or structures shall be deemed to be like each other in respect to Subsection A(2) above if the difference in the length of the front elevation is less than eight feet. Buildings or structures between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be like each other in these respects.

Private residential swimming pools shall be installed only on lots containing a residence with the pool as an accessory use to the residence. The pool shall meet the yard requirements for an accessory building in the district in which it is located, except that if the pool is located in the front yard, the pool shall be set back twice the distance from the street line that is required for the principal building. A pool shall occupy no more than the equivalent of 75% of the yard area in which it is located.

Pools installed by a homeowners' association shall have its membership limited to residents and guests of residents in the development served by the association. The pool shall be on a lot of at least one acre, but of sufficient larger size if necessary so the pool, adjoining apron, off-street parking and accessory service buildings occupy no more than 50% of the lot area.

No portion of the pool, apron or service building shall be closer than 200 feet to the nearest residential building. Access to the pool complex shall be provided via bikeway/pedestrian paths, as well as street(s). Off-street parking shall be for 10 or more cars. The final parking lot size will be determined at site plan review, based on the ease of nonstreet access, the size of residential development and proximity of the pool to most residences.