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

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

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

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

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

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

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

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

Sidewalk sale or similar outdoor sales.

Flea market sales.

Principal uses.

Accessory uses.

Conditional uses.

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

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

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

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.

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:

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

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

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:

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:

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:

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

Accessory uses: same as § 188-69B(2).

Conditional uses.

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

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

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

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.

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:

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.

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

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:

Principal uses.

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

Conditional uses.

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

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

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

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

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

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

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

Maximum impervious surface coverage:

Accessory building location: same as R-2.

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

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

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

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

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

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

Principal uses.

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

Conditional uses.

Principal uses.

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

Conditional uses.

Number of dwelling units: 208.

All proposed units within development shall be sold.

Maximum number of bedrooms per units: two.

Maximum number of dwelling units per building: 12.

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

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

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

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

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

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

Principal uses: age-restricted multifamily dwellings.

Accessory uses.

Conditional uses: none.

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

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

Minimum tract area: 10 acres.

Minimum tract frontage: 200 linear feet.

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

Minimum tract open space: 25%.

Single-family residential dwellings.

Townhomes established as a lawful pre-existing use prior to the adoption of this section.

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

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

Multigenerational family accommodations.

Off-street parking, subject to the Residential Site Improvement Standards (RSIS) New Jersey Administrative Codes, Title 5, Chapter 21.

Utilities and utility structures, including but not limited to: stormwater basins, transformers, meters, etc. necessary for the proper distribution and monitoring of these services.

All other utilities appurtenant to subject development.

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

Permitted accessory structures.

Minimum lot area: 8,000 square feet.

Minimum lot frontage: 50 feet.

Minimum front yard setback: 25 feet.

Minimum side yard setback: six feet.

Minimum rear yard setback: 25 feet.

Maximum principal building height: 30 feet.

Maximum number of stories: 2.5 stories.

Maximum density: 6.0 DU/AC.

Accessory structure setback: in accordance with § 188-11.

Principal uses.

Conditional uses: none.

Accessory uses. The following accessory uses are permitted:

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:

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

Setbacks applicable to buildings:

Recreational requirements.

Additional architectural requirements.

Additional requirements and exceptions from other requirements.

Principal uses: single-family residences.

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

Conditional uses: none.

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

Maximum tract density: 0.65 dwelling unit per gross acre.

Minimum tract area: 40 acres.

Minimum tract frontage: 500 linear feet.

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

Minimum tract open space: 60%.

Principal uses.

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

Conditional uses:

Sexually oriented business as defined in § 188-4.

Tattoo, body piercing or branding establishments.

Principal uses:

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

Conditional uses.

Sexually oriented business as defined in § 188-4.

Tattoo, body piercing or branding establishments.

Principal uses:

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

Conditional uses:

Sexually oriented business as defined in § 188-4.

Principal uses:

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

Conditional uses:

Prohibited uses:

Principal uses:

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

Conditional uses:

Sexually oriented business as defined in § 188-4.

Tattoo, body piercing or branding establishments.

Principal uses:

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

Conditional uses:

Prohibited uses:

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

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

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

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

Permitted principal uses:

Required open space and recreational facility requirements:

Accessory uses:

Ownership, management and maintenance.

Affordable housing.

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

The following accessory uses are permitted:

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

Building height and design requirements for townhouses.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Principal permitted uses.

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

Conditional uses.

Prohibited uses.

Principal uses:

Design standards for solar energy generation facilities.

Accessory uses:

Conditional uses:

Prohibited uses:

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.

Principal uses:

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

Accessory uses:

Conditional uses:

Principal uses:

Design standards for solar energy generation facilities.

Accessory uses:

Conditional uses:

Prohibited uses:

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

Permitted accessory uses:

Minimum lot area: 20 acres.

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

Minimum mobile home space dimensions:

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:

Clearance between mobile homes: 20 feet.

Minimum setback of mobile homes:

Minimum parking standards:

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

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

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

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

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

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

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

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.

An adequate means of refuse collection must be provided.

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.

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.

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

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

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

Principal uses:

Accessory uses:

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

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

Maximum density and area requirements.

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

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

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

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

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

Principal uses.

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

Principal uses:

Accessory uses.

Minimum contiguous tract area of 250 acres.

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

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

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

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

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

Principal uses:

Accessory uses:

Maximum density.

Minimum and maximum lot areas.

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

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

Area, yard and building requirements:

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

Off-street parking requirements.

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

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

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

Minimum lot size: 15 acres.

Maximum number of dwelling units: 98.

Maximum number of townhouses per building: eight.

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

Minimum building setbacks:

Maximum impervious surface coverage: 60%.

Minimum building setback from parking area: 15 feet.

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

Minimum parking requirement: two spaces per unit.

Maximum building height: 35 feet.

Minimum distance between buildings: 40 feet.

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

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

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

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

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

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.

Accessory uses customarily incidental and ancillary to a permitted use.

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

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

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

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

Principal uses.

Accessory uses.

Single-family detached dwellings: 25 feet.

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

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.

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

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

Single-family detached dwellings:

Townhouses:

Multifamily dwellings:

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

Decks and patios are permitted as follows:

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

Townhouses: 45 feet or four stories.

Multifamily dwellings: 45 feet or four stories.

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.

Overall tract: 55% of gross tract.

Single-family dwellings: 55%.

Townhouses: eight dwelling units per building.

Multifamily dwellings: 16 units per building.

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

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

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

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

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

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

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

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

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

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

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

Principal uses.

Conditional uses: none.

Accessory uses: The following accessory uses are permitted:

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:

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

Setbacks applicable to buildings:

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.

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

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

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

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

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

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

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

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

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

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:

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

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

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

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

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

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

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

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

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

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

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