Howell Township City Zoning Code

If not serviced by central sewer, the minimum lot size shall be 40,000 square feet and the front, rear and side yard requirements of the ARE-1 Zone shall be met.

If serviced by central sewer, the minimum front, rear and side yards of the zone must be met regardless of lot size.

Landscaped, fencing or walls at least 10 feet high.

Landscaped berm at least six feet high.

A building setback, measured from the buffer line, of at least 200 feet with a grade of less than 20% with groups of plantings and trees located to enhance architectural feature(s) of the structure and offer a break to large open areas, but with no other use permitted in this area.

A parking area setback at least 100 feet and screened as required under the off-street parking provisions.

The preservation of natural wooded tracts shall be an integral part of all site plans and subdivisions may be calculated as part of the required buffer area, provided that the growth is of density and the area is of a width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings may be required.

Plant materials used in screen planting shall be evergreens at least six feet to eight feet in height when planted, be balled and burlapped nursery stock, and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.

The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line.

Trees shall be at least 10 feet in height and 2 1/2 inches in caliper when planted and will be hardy and thrive in the area, of balled and burlapped nursery stock, and free of insect and disease.

Any plant material which does not live shall be replaced within two years from release of the performance bond.

Screening plantings and landscaping shall be broken at points of vehicular and pedestrian access to assure a clear sight triangle.

Permit home office usage for home occupations and blue-collar trades, which are incidental to the residential use of the premises, are compatible with residential uses, are limited in extent, degree and time, and do not detract from the residential character and quality of the neighborhood, with the foregoing to be considered in the context of an evaluation of the impact of such uses outside of the confines of the residential dwelling itself.

Encourage incubator or start-up business activities and/or blue-collar trades within the context of a home office, as defined herein, for later removal to an appropriate nonresidential zone as the business grows and succeeds beyond the limitations and restrictions appropriate for a residential zone.

Protect residential areas from any adverse impacts associated with home occupations and protect residential property values.

Ensure that the health, safety and welfare of neighbors and residents are protected and that their rights are not compromised in any manner whatsoever by the operation of the particular home occupation.

The use is operated by or employs, in the residence only, only a resident or residents who are permanent full-time residents of the dwelling unit and no other person.

No nonresident employees, customers, or business invitees or guests shall use or visit the dwelling unit for business purposes.

The accessory office use shall occupy a maximum of 10% of the gross floor area of the residence, but in no instance greater than 750 square feet, shall not be served by an entrance separate from the household, nor shall the room have separate kitchen or bath facilities.

There shall be no exterior storage of materials.

There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, or lights.

The use shall not operate any equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with telephone, radio or television reception, detectible by neighboring residence.

The home office use operates solely within the residence, no outdoor activities permitted; the home office use shall not be evident from outside of the home.

No merchandise or products shall be offered for sale upon the residential premises, nor shall there be any window or other display of any kind.

The use does not require any increased or enhanced electrical or water supply.

The quantity and type of solid waste disposal is the same as other residential uses in the zone district.

The capacity and quality of sanitary sewerage affluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components.

Delivery trucks shall be limited to US Postal Service, United Parcel Service, Federal Express, and other similar delivery services providing regular services to residential uses in the zone district.

All vehicle traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.

There shall be no signage of any type identifying the accessory home office usage.

Retail merchandising.

Boarding and breeding kennels for dogs and cats.

The raising of livestock for market.

Medical or dental clinics.

Funeral homes.

Auto repair for other than a resident, the painting of vehicles, trailers and boats of and for a person other than the residents.

Private schools with organized classes.

Welding or machine shops.

Equipment rental.

Massage parlors.

The property must be registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c.27 (N.J.S.A. 30:5B-16 et seq.).

The number of children permitted to attend a family day-care home shall be limited to no more than five children at any one time. The number of children may be extended up to eight, provided at least three children reside at the family day-care property.

The day care is operated by or employs, a resident or residents who are permanent full-time residents of the dwelling unit.

Adequate utilities, such as warm/cold running water, operational bathroom facilities, electricity, and heat are all required.

Outdoor play is permitted. All play equipment must be maintained in a safe condition.

The quantity and type of solid waste disposal is the same as other residential uses in the zone district.

The capacity and quality of sanitary sewerage affluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components.

Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other similar delivery services providing regular services to residential uses in the zone district.

All vehicle traffic to and from the home day-care use shall be limited in volume, type and frequency to pickup and dropoff of children.

There shall be no signage of any type identifying the family home day-care usage.

Family day-care homes must obtain a land use certificate from the Township, the fees of which are outlined in § 139-31F.

For non-preserved properties maintaining QFARM designation up to and including 50 guests. Said activity cannot constitute a major development per the stormwater management regulations under § 188-213; otherwise, site plan review is required.

For preserved farms over 20 acres in size, the maximum guest count that shall be permitted is up to and including 80 guests. Said activity cannot constitute a major development per § 188-213; otherwise, site plan review will be required.

Any event exceeding the guest limits above shall be considered a farm-related special event (large scale).

Application for land use certificate must be submitted at least 10 business days in advance of event(s). Fees shall be in accordance with § 139-31A(1) and (2), Land use certificate, individual plot plan.

The event must not result in a significant impact on neighboring residences or in the case of a farm, on the agricultural viability of the farm, and does not result in a significant impact on the rural or residential character of Howell Township.

Does not involve overnight lodging, public accommodations, or visitation.

Does not involve construction of new buildings or structures. If new structures are proposed for the use of farm-related special events (small scale), site plan approval is required. Conversion of an existing structure will require all Uniform Construction Code permits.

If any site improvements are required to accommodate the farm-related special events (small scale) use, site plan approval will be required per § 188-99. Such site improvements include the need for expanded permanent parking, grading, construction of permanent structures, changes to site ingress/egress, expansion of impervious coverage or similar. Site plan submissions shall follow the "Farm-Related Special Events" checklist.[2]

Off-site shared parking is permitted on adjacent lots that are lawfully existing and permitted for such parking, and shall be shown on the Event Management Plan per Subsection H below. An access agreement executed by the property owners must be provided prior to the issuance of a permit.

Food trucks are permitted during the course of the event, in accordance with Chapters 223 and 241. All outside agency approvals are required, including but not limited to a flood handler's license through the Township Clerk's Office and Monmouth County Board of Health.

Temporary tent usage. Outdoor events are permitted outside of the required front yard setback and must provide a fifty-foot setback to all other property lines. Temporary tent usage is permitted for a maximum of 180 consecutive days. All outside agency approvals, including Building Department approval, are necessary, as required based on size and use. Tent usage is not permitted between December 1 through March 30, unless all appropriate Uniform Construction Code permits are obtained through the Building Department.

Hours of events shall be limited to 10:00 a.m. through 10:00 p.m., Monday through Sunday.

Any structure or site accommodation (i.e. electrical service) being utilized for farm special evets (small scale) must have Uniform Construction Code (UCC) approval for the proposed use. All buildings and building upgrades must be in conformance with UCC requirements, and must be properly inspected and permitted through the Building Department prior to any use.

Outside agency approvals must be obtained, including but not limited to Monmouth County Board of Health, Howell Township Fire Bureau, and Howell Township Building Department, as needed.

Fireworks are strictly prohibited at all farm-related special events (small scale).

Statement of use/description of events on what type of event is being held and how farming use is incorporated within the event.

Event management plan (EMP), including a sketch plan identifying the location and dimensions of all structures, parking areas, existing and proposed driveways, parking and vehicular turning areas, sanitary facilities, areas where visitors will be permitted and restricted, location of food and beverage preparation and serving areas, special event activity areas, and landscaping, if required to buffer adjacent properties. The sketch plan shall include parcel boundaries and a brief description of adjoining land uses and roads and the number of residential dwellings located off-site within 200 feet of all parcel boundaries. The sketch plan may be hand-drawn information added to a survey of the property or an aerial photograph of the property; however, the scale and legibility of the plan must be adequate for review in the opinion of the Land Use Department.

Food/drink management. Identify food and/or beverages that will be provided for sale and/or consumption. List state and local regulations approvals required for food and beverage sales and on-site consumption in the application. Submission of all outside agency approvals, such as Board of Health approval, is required.

Number of visitors and vehicles anticipated. Identify the maximum number of visitors and vehicles anticipated to be on site at any given time during the special event. At least one space for every three guests must be provided and shown on the plan.

Buffering.

Lighting. When special event activities are proposed during non-daylight hours, adequate lighting shall be provided to provide safe pedestrian access within and around special event activity areas and for safe pedestrian access to parking areas.

Noise and audible sound. Farm-related special events (small scale) shall not produce audible sound or noise that exceeds Chapter 208 of the Howell Township Code.

Nuisances of any kind. In the event that there are any activities conducted under the farm-related special event (small scale) permit that results in a nuisance relating to lighting, noise or sound, crowd activity or unmanaged traffic, or activities conducted that are not approved by the Township, a permit may be revoked by the Township of Howell.

Sanitary facilities. Identify existing and proposed sanitary facilities. If portable toilets and hand sanitizers are to be provided, identify the number and location on site where these facilities will be located, which shall not be located within a front yard and cannot be closer to a residential property line than 100 feet. The number and type of sanitary facilities provided shall be adequate to address the total number of patrons expected and shall be ADA or handicapped accessible.

Refuse containers. Location and number of refuse containers must be shown and must be adequate for event.

Dates, days, times of day for the special event. The application shall clearly state the dates, days of the week and times of day that the special event will be held. Opening and closing time for each day shall be clearly identified in the application.

Directional signs. Directional or wayfinding signs may be erected on site. Such signs may not exceed 10 square feet in area, may not be located closer than 50 feet between signs and shall not number more than three. All such signs shall be set back a minimum of 10 feet from the property line and public right-of-way line.

Farm-related special events (small and large scale) do not include noncommercial activities, such as, but not limited to: a private party, family/employee celebration or gathering on private property.

Any property owner that receives or has received use variance/site plan approval for special events on a qualified farm from the Planning or Zoning Board for special events shall not be subject to the requirements of § 188-64.1, provided they remain in compliance with the variance/site plan Board approval.

Any complaints to the Township by a resident or interested party (other than the Township of Howell itself) about farm-related special events (small scale) activities will be forwarded to the Farmer's Advisory Committee ("FAC") for non-binding mediation. The FAC shall hear the complaint within 30 days of it being referred to them. The FAC shall report their decisions to Township Council on a monthly basis. The results of the mediation shall be nonbinding upon either party and shall not abridge the right of either party to take legal action concerning the complaint. The rights of the Township to take action with regard to farm-related special events (small scale) activities shall not be subject to this subsection.