A. Any application for development shall demonstrate conformance to design standards that will encourage sound development patterns within the Township. The development shall conform to the proposals and conditions of the Official Map and Master Plan. The streets, drainage rights-of-way, school sites, public parks and playgrounds, scenic sites, historic sites and flood-control basins shown on the officially adopted Master Plan and Official Map shall be considered in the approval of plats in accordance with good design practices; extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.

B. Character of the land. Land which the approving authority finds to be unsuitable for the intended lot(s) and their use due to flooding, improper drainage, steep slopes, soil conditions, adverse topography, wetlands, utility easements or other features which can reasonably be expected to be harmful to the health, safety and general welfare of the present or future inhabitants of the development and/or its surrounding areas shall not be subdivided and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this chapter and all other regulations.

C. Plats straddling municipal boundaries. Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township.

D. Development and street names. The proposed names of the development and streets shall not duplicate or closely approximate the name of any other development or street in the municipality. The approving authority shall have final authority to designate the name of the development and streets which shall be determined at the sketch plat or preliminary application stage.

A. Accessory buildings or structures as part of principal buildings. Any accessory buildings or structures attached to a principal building or structure shall, for purposes of determining yard requirements only, be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings or structures. However, the above shall not apply to a ground-level patio (i.e., top surfaces less than six inches above adjacent average grade).

B. Accessory buildings or structures not to be constructed prior to principal buildings. No construction permit shall be issued for the construction of an accessory building or structure, except those for agricultural use on farms, prior to the issuance of a construction permit for the construction of the principal building upon the same premises. If construction of the principal building does not precede or coincide with the construction of the accessory building or structure, the construction official shall revoke the construction permit for the accessory building or structure until construction of the main building has proceeded substantially toward completion.

C. Distance between adjacent buildings or structures. The minimum distance between a detached accessory building or structure and any other building(s) on the same lot shall be as set forth in the zoning schedules, except that no commercial poultry or brooder house shall be nearer than 500 feet to any dwelling on the same lot and no livestock shelter shall be nearer than 100 feet to any dwelling on the same lot, and except that accessory buildings or structures other than poultry or brooder houses or livestock shelters may be placed a minimum of 10 feet from underground structures, such as in-ground swimming pools, provided that such accessory buildings or structures are a minimum of 20 feet from any aboveground principal or accessory building or structure, except that these provisions shall not apply to permitted parking spaces, fences and walls six feet or less in height, sidewalks, driveways, ground-level patios, lampposts, mailboxes, flagpoles, permitted signs, wells, septic systems and similar structures. For purposes of the twenty-foot requirement, an outdoor in-ground swimming pool shall not be considered part of the principal structure even if attached thereto and, therefore, must be 20 feet from the principal structure.

D. Height of accessory building or structure. Accessory buildings or structures in any zone, except for agricultural uses, shall not exceed 25 feet in height.

E. Location. Accessory buildings or structures may be erected on lots in accordance with the schedule of limitations, except that no commercial poultry shelter shall be erected nearer than 500 feet or any livestock shelter nearer than 100 feet to any lot line and except that these provisions shall not apply to parking spaces, fences and walls six feet or less in height, sidewalks, driveways, lampposts, mailboxes, flagpoles, permitted signs, wells, septic systems and similar structures. If located in a front yard, accessory buildings or structures shall be set back a minimum of twice the distance from any street line than is required for a permitted dwelling or principal building for the zone in which it is located. If located on a corner lot, the provisions of this chapter for corner lots also apply.

F. Seasonal housing. Housing provided on farms for seasonal employees shall be set back at least 300 feet from any public street, 400 feet from any side or rear property line and 500 feet from the permanent farm residence of the farm.

Requirements for satellite dish, home radio, television receiving and similar antennas shall be as follows:

A. Antennas shall be ground-mounted on a freestanding structure and are not permitted as an attached structure.

B. Location, height and size. Antennas shall be located in the rear yard, shall not exceed a height of 35 feet above the natural grade and shall meet all accessory structure setback requirements. Satellite dish antennas shall not exceed 12 feet in diameter. Satellite dish antennas that have a twenty-four-inch diameter or less can be mounted on a side or rear building roof or side or a rear building facade. An antenna shall only service the lot on which it is located. Antenna structures operated by holders of Federal Communication Commission amateur radio licenses may exceed the height limitation by 35 feet maximum. [Amended 5-25-2005]

C. Portable mounted antennas are prohibited in all zones, except for demonstration purposes for a maximum of 48 hours on a specific lot.

D. If the exposed antenna base and structure have a total side area of greater than 32 square feet (i.e., sum of area as viewed from all four sides) within six feet of ground outline level, the base shall be screened to the greatest extent possible, consistent with good antenna performance, with nondeciduous plantings at least six feet high and shall blend with the immediately surrounding area.

E. Wires and cables running between a ground-mounted antenna and any structure shall be properly installed underground in accordance with the Uniform Construction Code.

F. Antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas.

G. No form of advertising or identification shall be placed on a satellite dish or other antenna other than a label of the manufacturer and/or installer, which label shall be no larger than 36 square inches in area.

H. Minor site plan approval is required if Subsection D above applies.

[Amended 8-13-1997]

Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots does not conform to the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot, and the provisions of this chapter shall apply. Whenever land has been dedicated or conveyed to the Township, county or state for road widening purposes by the owner of a lot in order to implement the Official Map or Master Plan of the Township or the Route 34, Colts Neck, Highway Access Management Plan, the Construction Official may issue construction permits and certificates of occupancy for the lot whose depth and/or area is rendered substandard because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

Nothing in this chapter shall require any change in a construction permit, site plan or zoning variance which was approved before the enactment of this chapter but is in violation of this chapter, provided that construction based on such a construction permit shall have been started within one year following the effective date of this chapter and, in the case of a site plan or variance, a construction permit shall have been issued within one year following the effective date of this chapter, and in all instances the project shall be continuously pursued to completion, otherwise said approvals and permits shall be void. The approving authority may extend these time intervals for good cause.

A. Centers must be licensed by the Department of Human Services.

B. Centers shall meet all zoning and site plan requirements for the zone in which they are located, except that adequate parking for center operating personnel and adequate paved areas for ingress and egress and for waiting or standing and pickup and discharge of center attendees shall be provided to assure that, under peak attendance conditions, no such activities shall occur on Township street rights-of-way and no children are required to cross or walk along a driveway or aisle.

A. Regular curbing. All curbs shall be not less than 18 inches deep and six inches in width at the top and eight inches in width at the bottom and shall be constructed of portland cement concrete, which concrete shall have a compressive strength of 3,500 pounds per square inch after 28 days. The maximum length of blocks shall be 10 feet, with a performed bituminous expansion joint filler 1/2 inch thick installed at a maximum spacing of 20 feet. The finish shall be a smooth float finish, with corners rounded. The top of the curb shall be six inches above the finished surface of the adjoining street for local streets and eight inches for all other street classifications, except for depressions in the curbing for driveway entrances where the depressed section shall be two inches at the back of the curb and one inch at the face of the curb above the finished surface of the adjoining street, and eight inches adjacent to catch basins. Where full height curbing exists, driveway entrances shall be created by replacing existing curb sections with new sections of proper contour and height.

B. Rolled concrete curbing. Rolled concrete curb shall be constructed of portland cement, which shall have a compressive strength of 4,000 pounds per square inch after 28 days. The maximum length of sections shall be 10 feet, with a preformed bituminous expansion joint filler 1/2 inch thick installed at a maximum spacing of 20 feet. The curb shall be 24 inches wide, six inches deep on the pavement side, 10 inches deep on the lot side, and shall have a one-inch depression below the pavement side located about one-third the distance from the pavement edge. The side adjacent to the pavement shall be flush with the finished pavement surface.

C. Other alternative-type curbing, approved by the Township Engineer, may be accepted at the discretion of the approving authority.

Such report shall be provided for major sites and major subdivisions under the conditions covered in Article V of this chapter and shall provide the information needed to evaluate the effects of a proposed development upon the environment and shall include data and be distributed, reviewed and passed upon as follows:

A. A description of the development shall be included, which shall specify what is to be done and how it is to be done during construction and operation, as well as a recital of alternative plans deemed practicable to achieve the objective.

B. An inventory of existing environmental conditions at the project site and in the immediate surrounding region shall be included, which shall describe air quality; water quality; water supply; hydrology; geology; soil and properties thereof, including capabilities and limitations; sewerage system; topography; slope; vegetation; wildlife habitat; aquatic organisms; noise characteristics and levels; demography; land use; aesthetics; and history. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to criteria contained in the Soil Conservation District Standards and Specifications. Specifically, the report shall address the ways in which the project's design will reduce, to the minimum extent possible, the washing of petroleum and other urban pollutants through runoff and erosion into drainage courses which feed the Swimming River Reservoir.

C. As a direct result of the investigations made under the environmental impact report, a listing shall be provided which shall be all-inclusive, stipulating the licenses, permits and approvals needed to be furnished by federal, state, county or municipal law. The status of these permits and approvals shall also be included. During the preparation of the impact report, the applicant shall contact all concerned federal, state, county or other municipal agencies or officials adjacent thereto or affected by the proposed development. The impact report shall include, as a result thereof, the conclusions and comments of all concerned government officials and agencies. All appropriate correspondence between the applicant and these officials and agencies shall be included in the report.

D. A listing and evaluation shall be included regarding those adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation, increase in municipal services and consequences to municipal tax structure. Off-site and off-tract impact shall also be set forth and evaluated.

E. A description of steps to be taken to minimize adverse environmental impacts during construction and operation both at the development site and in the surrounding region shall be included, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the steps to be taken. The developer or its consultants in overall charge of the environmental impact report shall include therein all steps that the developer must undertake to successfully implement the report. Recommended steps must include a positive statement affirming the developer's intent to undertake this work by using the terms "shall be," "must," etc.

F. A statement shall be included concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed development. Alternatives shall be set forth which might avoid some or all of the adverse environmental effects, including a nonaction alternative.

G. The approving authority shall review, for adequacy and completeness, the environmental impact report as a part of its underlying function with respect to its review of the development. In reaching a decision, the approving authority shall take into consideration the effect of the applicant's proposed development upon all aspects of the environment as outlined above, as well as the sufficiency of the applicant's proposals for dealing with any immediate or projected adverse environmental effects.

H. Notwithstanding the foregoing, the approving authority may, at the request of an applicant, waive the requirement for an environmental impact report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.

I. An environmental impact report, as required herein, shall also be submitted for all public or quasi-public projects unless such are exempt from the requirements of local law by supervening county, state or federal law.

Except as otherwise specified herein for existing nonconforming uses, structures, sites or lots, they may continue, but not be expanded, so long as they enjoy prior lawful nonconforming status, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.

See § 102-73, Sight triangles, fences and walls.

A. Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls on nonresidential structures as approved by the Municipal Fire Department or the Municipal Engineer and in accordance with Fire Insurance Rating Organization Standards.

B. Where streams or ponds exist or are proposed on lands to be developed, facilities shall, at the request of the approving authority, be provided to draft water for fire-fighting purposes. This shall include access to a public street suitable for use by fire-fighting equipment and construction of improvements to ponds, dams or similar on-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Municipal Engineer and Fire Department and shall be in accordance with Fire Insurance Rating Organization Standards.

(See also § 102-54, Drainage, and § 102-69, Public use, service areas and easements.)

A. The purposes are:

(1) To implement the land use rules and regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the area of special flood hazard areas per the Colts Neck Township Flood Damage Prevention Ordinance hereby adopted by reference and declared a part of this chapter;

(2) To discourage construction and regrading in flood hazard areas;

(3) To prevent encroachments into flood hazard areas which would obstruct or constrict the area through which water must pass;

(4) To prevent pollution of watercourses during low-water or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas; and

(5) To control erosion.

B. For all subdivisions and site plans, the one-hundred-year-flood-hazard-design elevation shall be shown and determined for the site based on site-specific data and shall be at least that area delineated on the map and reports prepared by the Federal Insurance Administration (see Ch. 127, Flood Damage Prevention) or such broader areas on those streams as might result from an on-site evaluation. If a stream is not covered by the floodway maps referred to above, the one-hundred-year floodplain shall be shown and based on data from the Division of Water Resources or Colts Neck Township Floodplain Maps. In addition, the Municipal Engineer may, upon request of and at the expense of the applicant or at the request of the approving authority and with the consent of the landowner and at the applicant's expense, determine the precise location of a floodway and special flood hazard area by close inspection, field survey or other appropriate method and shall cause the same to be marked on the ground and on the plat, notifying the owner, the New Jersey Department of Environmental Protection and the approving authority. The assistance of the United States Department of Agriculture, Soil Conservation Service, and the New Jersey Department of Environmental Protection may be sought to aid in delineating the flood hazard design elevation. Where state or federal agencies shall subsequently publish any reports which delineate the flood hazard design elevation of a watercourse, said report shall be considered in determining flood elevations.

C. Any lot containing a floodway or a one-hundred-year flood hazard area where it is proposed to regrade, relocate, construct and/or reconstruct an improvement in the floodway or the one-hundred-year flood hazard area, said action shall not be permitted unless the proposed use is permitted by Subsection E below, plat approval has been granted and any permits or approvals required by county, state or national governmental units have been granted. If wetlands are involved, wetlands regulations also apply.

D. The procedure for reviewing any proposed regrading, relocation and/or construction and/or reconstruction shall be the same as set forth for plat review. No application shall be approved and no permit shall be granted until all zoning and other ordinance violations have either been corrected or a variance has been granted.

E. Permitted uses in a flood-fringe portion of the flood hazard area shall be restricted to the following, provided that they are permitted uses in the district in which the flood-fringe portion is located and adequate measures are taken to prevent erosion or other foreign products from entering or contaminating a water source.

(1) Agriculture: general farming, pasture, grazing, outdoor plant nurseries, horticulture, valedictory, truck farming, forestry and wild crop harvesting.

(2) Industrial/commercial: the lawn or other planted portion of a yard.

(3) Recreation: golf courses, improved Courts and playing fields, swimming areas, boat launching ramps, picnic and camping and open space uses, such as hiking trails.

(4) Residential: lawns, gardens and play areas.

F. The applicant shall submit maps, reports and other appropriate documents permitting the approving authority to evaluate whether the proposal meets ordinance requirements, such as an inherent low flood damage potential; does not unduly obstruct flood flows or increase flood heights and/or velocities; does not unduly affect adversely the water-carrying capacity of any delineated floodway and/or channel; does not unduly increase local runoff and erosion; and does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwater.

G. Upon reviewing the application, hearing the applicant's representation and reviewing comments received from other municipal agencies to which the application was forwarded for comment, the approving authority shall deny, approve subject to conditions or approve the application. Its conclusion shall be based on findings related to the above criteria, rules and procedures.

A. All lots being filled shall be filled with clean fill and/or topsoil which fulfills the purpose of the intended use and in such a manner as to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way. No stripping and removal from the site of topsoil is permitted without Planning Board or Township Administrator approval. Before fill is applied, topsoil shall be stripped, stored temporarily on site and redistributed on site. A minimum of four inches of topsoil shall be applied to all stripped and/or filled areas. Dirt (i.e., topsoil and fill) added to a site from off site shall be approved as acceptable by the Township Engineer. The Township Engineer shall, before the dirt is moved, inspect it at the source location and shall monitor the moving and placement operations. If the Township Engineer has reason to question if the dirt is contaminated or does not meet the needs for the use intended, he or she may require appropriate tests at the expense of the applicant or other remedial measures and/or may not approve the dirt for the intended use.

B. Starting from the time preliminary major subdivision or site plan approval is granted and continuing until the associated maintenance bond has been released, no garbage, paper, wood, concrete, trees, building material or similar waste material shall be buried on the lands covered by the aforementioned approvals. The site shall be maintained in a manner consistent with good housekeeping.

[Amended 8-16-2006; 2-13-2013]

A. Architectural features or roof structures for the housing and screening of stairways, tanks, ventilating fans, heating and air-conditioning equipment or similar equipment required to operate and maintain the building or parapet walls, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this chapter, but in no case more than 25% more than the maximum height permitted in the district, provided that such feature does not exceed 15% of the building projection as determined by § 102-87, Note 1, except that church spires and farm silos shall have no height restrictions. Architectural features shall be used to shield such items from public view to the maximum practical extent.

B. Building height for a single-family dwelling on a ten-acre or larger lot in the AG Agricultural Zone may increase to a maximum of 40 feet in height and 2 1/2 stories, provided that the minimum required front, each side and rear yard setback requirements shall be increased by a minimum of five feet for each foot or portion thereof by which the dwelling exceeds 35 feet in building height.

Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the plats for minor subdivisions and on the preliminary and final plats for major subdivisions. All lot corners shall be marked with a monument or with a solid metal alloy pin of permanent character having a minimum length of two feet and a minimum diameter of 3/4 inch, said markers to be installed prior to granting of a certificate of occupancy or release of the performance guaranty. See monument requirements in §§ 102-38D(17)(a)[12], 102-91B(5)(h), 102-69B(6) and 102-69C.

Natural features such as trees, brooks, swamps, wetlands, steep slopes, hilltops and views shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected specimen trees and other areas of mature plant growth in order to maintain soil stability.

Except as otherwise provided in this chapter, the lawful use of land, buildings, sites or structures existing at the date of the adoption of this chapter may be continued although such use does not conform to the regulations specified by the zoning provisions of this chapter for the zoning district in which such land, buildings or structures are located; provided, however, that no existing buildings, structures or sites devoted to a use not permitted or having any yard violations or other violations to this chapter in the zoning district in which such buildings, sites or structures are located shall be enlarged, extended, enclosed, modified, constructed, reconstructed, substituted, relocated, erected, changed to another use or structurally altered except in conformity with the regulations of this chapter for the zoning district in which such buildings or structures are located. Also, any lot, site or structure already nonconforming shall not be made more nonconforming in any manner.

A. Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner or tenant or if the owner or tenant shall fail to use the structure or land for the nonconforming use for a period of 12 consecutive months. Thereafter, the use of such structure and/or land shall be in conformity with this chapter.

B. Conversion to permitted use. Any nonconforming structure or use which has been changed to a conforming structure or use shall not be changed back again into a nonconforming structure or use.

C. Restoration. Any nonconforming structure or use which has been destroyed by fire, explosion, flood, windstorm or act of God shall be examined by the following three people: the Township Construction Official; the owner or an architect or engineer selected by the owner; and a third person agreed to by the Township Construction Official and the owner, whose fees shall be agreed to and shall be paid in equal portions by the Township and the owner. If, in the opinion of a majority of the above three people, the damage is greater than 50%, the structure or use shall be considered completely destroyed and may be rebuilt as a nonconforming structure, lot or use only upon approval of a variance. The total value of the structure shall be based on the current cost of replacing the entire existing structure. The value of the portion damaged shall then be the current replacement costs computed as a percentage of the current total value of the structures as outlined above.

D. Repairs and maintenance. Such repairs and maintenance work as required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use.

E. Sales. Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot, provided that the other provisions of this section are met.

F. Existing structures on existing undersize lots of record; lots with dimensional violations; structures having existing setback violations. On any existing lot on which a building or structure is located and where the lot does not meet the minimum lot size or dimensional requirements or the existing setbacks do not conform to the minimum setback requirements, additions may be made to the principal building, and/or the construction of an accessory building shall be allowed without an appeal to the Zoning Board of Adjustment, provided that the existing and proposed use are permitted in the zoning district in which the building or structure is located; the total permitted building and lot coverage is not exceeded; and any proposed accessory building(s), and/or any additions to a principal building do not violate any requirements of this chapter, such as, but not limited to, area, height, setback and parking. See § 102-81, Undersized lots of record.

A. Before a final approval of a subdivision or site plan, the approving authority may require, in accordance with the standards of this chapter and an adopted circulation plan and utility service plan as part of the Master Plan, the installation or the furnishing of a performance guaranty in lieu thereof of any or all of the following off-site and off-tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's effect on land other than the developer's property: street improvements, water systems, sewerage, drainage facilities and easements therefor.

B. Where such improvements are required, the approving authority shall refer the requirements to the governing body for concurrence and for approval of a performance guaranty, if any. If the governing body does not take action on the improvements and the applicable performance guaranties within the time the approving authority must act, the approving authority may grant conditional approval of the plan.

C. The governing body shall determine as to each required improvement whether they are to be paid for entirely by the municipality, entirely by the developer or cooperatively by the developer and the municipality in accordance with fair and reasonable standards to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related or common area.

D. The financing and construction of the improvements shall be arranged in one of the following manners:

(1) If constructed by the municipality and all or a portion of the improvements are the financial responsibility of the developer, the developer's share shall be paid to the municipality by certified check prior to final approval of the plan.

(2) If constructed by the developer and all or a portion of the improvements are the financial responsibility of the municipality, as allowed by law, the developer shall be paid the municipality's share in accordance with the terms of the construction contract and the completion of the work shall be guaranteed by the developer in an amount and under the terms set forth in § 102-16, Guaranties and inspections, in Article IV.