A. Purpose. The purpose of the A-5 Rural Residence District is to provide for requirements for the orderly development of open lands to protect views and wooded areas and to minimize the construction of road surfaces and other impervious surfaces so as to preserve the aesthetic character of established neighborhoods.
B. Principal permitted uses on land and in buildings. All principal uses permitted in the A-1 Agricultural District shall be permitted.
C. Accessory uses. All accessory uses permitted in the A-1 Agricultural Residential District shall be permitted (subject to §§ 102-48 and 102-87 for additional requirements). [Amended 5-25-2005]
D. Building height: as provided for in §§ 102-87 and 102-61. [Amended 5-25-2005]
E. Area and yard requirements: as provided for in § 102-87. Nothing herein will be construed to reduce requirements for any other use or structure for which other standards are set forth in the chapter which are more restrictive. [Amended 5-25-2005]
F. Minimum off-street parking requirements: as provided for in § 102-84F.
G. Off-street loading and unloading: as provided for in § 102-84G.
H. Signs: as provided for in § 102-84H.
I. Recyclable material storage: as provided for in § 102-84I.
[Added 12-30-2003]
A. Purpose. The purpose of the A-6 District is to promote orderly residential development in a manner that protects streams, wetlands, floodplains, and associated woodlands, reduces street distances, creates greenways, conservation areas and open space, and creates a realistic opportunity for the construction of a portion of the low- and moderate-income housing obligation of the Township of Colts Neck under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93, and the Mount Laurel doctrine.
B. Principal permitted uses on land and in buildings. The following shall be permitted as principal uses:
(1) Agricultural uses.
(2) Detached single-family dwelling.
(3) Conservation areas and open space.
(4) Courtyard dwellings in a planned development (see § 102-100 for requirements) with a homeowners' association (see § 102-95 for requirements).
(5) Stormwater management basins and facilities, including structures for collection, water quality treatment and/or discharge.
(6) Buildings or land used by the Township for public purposes.
(7) Affordable housing units subject to § 102-46.6. [Added 12-10-2008]
C. Accessory uses. The following shall be permitted as accessory uses:
(1) Off-street parking and private garages.
(2) Mailboxes, lampposts, flagpoles, driveways, paths and sidewalks.
(3) Fences and walls. See §§ 102-57 and 102-73 for requirements.
(4) Sheds, cabanas and other customary accessory buildings to detached single-family dwellings, not exceeding 500 square feet of building coverage and 15 feet in height.
(5) Satellite dishes and solar energy panels mounted at ground level, which shall be screened from view of public streets and neighboring properties by screening, planting, fencing, or a combination of these techniques, in order to provide proper screening after two growing seasons. These location requirements do not apply to solar energy panels that are mounted flush or nearly flush with building sides or roofs.
(6) Antennae. See § 102-49 for requirements.
(7) Patios and decks attached to principal structures or detached patios and decks. See § 102-48 for requirements.
(8) Barns and accessory buildings to farms. See § 102-84 for requirements.
(9) Temporary construction trailers. See § 102-80 for requirements.
(10) Temporary sales trailer. See Section § 102-80 for requirements.
(11) Private wastewater pumping and treatment systems and facilities limited to serving the Courtyard dwellings authorized by the site plan and/or subdivision approval of which the wastewater system is a part, and which wastewater system is approved by the New Jersey Department of Environmental Protection, subject to the following requirements:
(a) The setback from the right-of-way of primary arterial and secondary collector streets shall be a minimum of 75 feet for any building that is part of the wastewater treatment system.
(b) The minimum setback from property lines shall be 75 feet for any building that is part of the wastewater treatment system.
(c) The minimum setback from any residential building shall be 40 feet for any building and 25 feet for any disposal field that is part of the wastewater treatment system.
(d) The maximum building height shall be 24 feet, measured to the building roof or ridge line.
(e) Disposal fields may extend no more than 25 feet into the landscaped open space buffer required by § 102-85.2D(4).
(12) Private water supply wells and community water supply systems, including water storage tanks. Wells, wellheads, and associated pipes may be located in the seventy-five-foot wide landscaped open space buffer required by § 102-85.2D(4).
D. Open space required.
(1) All subdivisions and site plans for residential development in the A-6 Zone on tracts of more than 30 acres that have streams, wetlands, wetlands transition areas, floodplains and required buffer areas shall concentrate the residential development outside of such conservation areas to create contiguous open space, to the maximum extent practicable.
(2) A minimum of 30% of the gross tract area shall be reserved as common property (conservation areas and open space) and maintained by the homeowners' association.
(3) Stormwater management facilities, individual water supply wells and associated facilities and wastewater collection and treatment systems may be located in the contiguous open space.
(4) A landscaped open space buffer shall be provided in subdivisions and site plans for residential developments along and abutting the right-of-way of existing primary arterial and secondary collector streets. This open space buffer shall be a minimum of 60 feet wide and an average of 75 feet wide, measured from the proposed right-of-way, unless the site plan does not provide a three-hundred-foot wide water resources protection area, in which case the required open space buffer shall be 75 feet wide, measured from the proposed right-of-way. This open space buffer may, at the discretion of the approving authority, and in accordance with the standards of § 102-88, include a bikeway. The open space buffer may be included as part of the common property or protected by an open space and landscape easement.
(5) The open space buffer required by § 102-85.2D(4) shall be planted with an all-season screen consisting of groups of evergreen and deciduous trees staggered in double rows 15 feet on center. Evergreen tree groups shall consist of three to seven evergreen trees (minimum of six feet in height at planting). Deciduous tree groups shall consist of one canopy tree (minimum of 11 feet to 12 feet in height and 2 1/2 inches in caliper at planting) and three ornamental trees (minimum of six feet to eight feet in height, 1 3/4 inches in caliper at planting).
E. Maximum gross density. The maximum permitted gross density of residential development is 1.24 units per acre, prior to any public dedication of land. In computing the number of units permitted, any portion of a unit less than or equal to 0.50 shall not be considered and any portion of the unit greater than 0.50 shall be rounded up to the nearest whole number.
F. Area, bulk, coverage and height requirements. Courtyard dwelling units in the A-6 District shall be subject to the following requirements. Subdivided lots are not required. Condominiums or other unsubdivided occupancy is permitted in lieu of subdivided lots. Agricultural and principal permitted uses in the A-6 District other than Courtyard dwellings are subject to A-1 Agricultural and Residential District requirements (see § 102-84 for requirements).
*Measured from the elevation of the internal Courtyard street to the highest point of a building.
** A maximum of 33% of the dwelling units may be in structures with a maximum building height of 45 feet and a maximum of 3 1/2 stories. See also § 102-85.2L(3).
G. Streets, parking, water supply, sanitary sewers and stormwater management requirements.
(1) In accordance with the New Jersey Department of Community Affairs, Residential Site Improvement Standards ("RSIS"), N.J.A.C. 5:21.
(2) Notwithstanding the provisions of § 102-77C (dedications along streets), the building setback in the A-6 Zone from the rights-of-way of existing primary arterial and existing secondary collector streets shall be the same as the open space buffer required by § 102-85.2D(4).
(3) Notwithstanding the provisions of § 102-77H, a development in the A-6 Zone shall be permitted street intersections with the same side of an existing street at intervals of a minimum of 500 feet between center lines of the new streets.
(4) Notwithstanding the provisions of § 102-71A, shade trees may be planted 10 feet from the curbline.
(5) Notwithstanding the provisions of § 102-99B, a wall may be substituted in lieu of screen planting.
H. Signs.
(1) Street number designation, postal boxes, on-site directional and parking signs and signs posting property as "private property," "no hunting," or similar purposes are permitted but shall not exceed an area of two square feet per sign.
(2) A temporary real estate sign advertising the sale or lease of a dwelling unit is permitted with the following restrictions: there shall be no more than one sign per dwelling unit; signs shall not be lighted; and signs must be located on the dwelling unit advertised.
(3) All signs shall be in accordance with the requirements of § 102-106.
(4) Seasonal decorations are permitted in accordance with the requirements of § 102-106C.
(5) A maximum of two temporary signs advertising a new major subdivision or site plan shall be permitted in accordance with the requirements of § 102-106B(9)(a).
I. Recyclable material storage. All dwelling units constructed on a subdivision shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclable materials (including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen. This requirement shall be stated on the subdivision plat or site plan.
J. Low-and moderate-income housing obligation.
(1) Any residential development in the A-6 District shall be an inclusionary development, and the developer shall make a payment to the Colts Neck Housing Trust Fund in lieu of on-site construction of housing affordable to low- and moderate-income households.
(2) The payment shall be calculated on the basis of a the following two-step formula: number of set-aside units = (approved dwelling units/0.85)(0.15), rounded up to 1/10; and $25,000 payment per required set-aside unit or fraction thereof. By way of example, if 48 dwelling units were approved, 8.5 set-aside units would be required, calculated as follows (48/0.85)(0.15) = 8.47, rounded up to 8.5, and the payment to the Housing Trust Fund would be $212,500, calculated as follows, 8.5 x $25,000 = $212,500.
(3) The payment to the Colts Neck Housing Trust Fund shall be made on a pro rata basis for each unit constructed after 25% of the total units have been constructed and until 90% of the total units have been constructed. In computing the percentages, fractions below 1/2 shall be ignored and fractions equal to or greater than 1/2 shall be increased to the next whole number. The payment attributable to a unit shall be made when that unit obtains a certificate of occupancy. By way of example, if a development of 48 units is constructed, there shall thus be no payment due until certificates of occupancy have issued for the first 12 units, constituting 25% of the total units. A pro rata payment shall than be due upon the issuance of a certificate of occupancy for each of the next 31 units. The amount of the payment shall be $6,854.84 for each of the 31 units, for a total payment of $212,500.00. There shall be no payment required with respect to the last five units under this example.
K. Floodplain and wetlands regulations. Notwithstanding the provisions of § 102-59C, stormwater management structures and other activities authorized by the New Jersey Department of Environmental Protection are allowed in a flood hazard area, wetlands or wetlands transition area in the A-6 Zone.
L. Multifamily housing.
(1) Notwithstanding the provisions of § 102-98C, water service may be from individual, on-lot wells approved by the New Jersey Department of Environmental Protection and local health authorities as required.
(2) Notwithstanding the provisions of § 102-98H, the density of a development in the A-6 District shall be in accordance with § 102-85.2E.
(3) Notwithstanding the provisions of § 102-98G, a maximum of 33% of the dwelling units in the A-6 Zone may be in structures with walkout basements, provided that: the number of stories on the uphill side of the building shall not exceed 2 1/2 stories, with a third story permitted above ground on the downhill side of the building; no such units may be located within 300 feet of the center line of County Route 537; no building facade with a walkout basement ingress and egress shall be visible in a direct line of sight from the County Route 537 right-of-way frontage of the site, notwithstanding any existing or required landscaping and landscaped open space buffer; and the height of the building on the downhill side shall not exceed 45 feet, measured from the average finished grade at a walkout basement.
A. Purpose. This zone is placed to recognize the existing agricultural characteristics while permitting development in a manner that will encourage the continuation of farming. It is intended to retain the low-density characteristics of the agricultural area while offering alternatives for limited new developments that will least impact the continuation of agricultural activities and minimize the impact on limited natural resources that may otherwise result from higher-density development relying on on-site wells and septic systems. The alternatives in this district are also intended to provide flexibility in design to reduce street mileage and alternate location of structures, while promoting the conservation of energy and maximizing utilization of renewable energy resources.
B. Permitted principal uses. The following shall be permitted as principal uses:
(1) Building and land used for agricultural purposes and including such shelter as may be required for seasonal farm labor.
(2) Farms.
(3) Single-family dwelling. [Amended 5-25-2005]
(4) Public uses, provided that they meet the minimum requirements for a farmette.
(5) Golf courses open for play only during daylight hours. See § 102-93 for requirements.
(6) Vineyard. [Added 12-19-2000]
(7) Wireless telecommunications towers and antennas; subject to § 102-46.5. [Added 8-16-2006]
(8) Affordable housing units subject to § 102-46.6. [Added 12-10-2008]
C. Conditional uses (see § 102-11). The following shall be permitted as conditional uses:
(1) Public utilities.
(2) Veterinarian offices for large farm animals as either a principal use or as an accessory use to a residence.
(3) Churches, libraries, private and public nonprofit day schools of elementary or high school grades and accredited by the New Jersey State Department of Education; except these uses shall not be permitted on lots resulting from the lot size averaging provisions contained in § 102-86F(3)(b) of the Colts Neck Development Regulations. [Amended 8-14-2013]
(4) (Reserved)
D. Accessory uses. The following shall be permitted as accessory uses (subject to §§ 102-48 and 102-87): [Amended 5-25-2005]
(1) Barns, toolsheds, greenhouses, detached garages, pool cabanas, outdoor barbeque structures as well as customary accessory buildings to a single-family dwelling and farms, including housing facilities used seasonally for farm workers actually working on the farm on which they are housed, provided that they are occupied only on a seasonal basis and meet all state and local rules and regulations.
(2) Private residential swimming pools and recreation courts; subject to §§ 102-101 and 102-108.
(3) Off-street parking and private garages.
(4) Fences and walls; subject to §§ 102-57 and 102-73.
(5) Temporary construction trailers; subject to § 102-80.
(6) Farm labor housing accessory dwelling units. Accessory dwelling units to serve as living quarters are permitted on active horse training or breeding and other active operating farms, provided that one occupant(s) is a full-time employee(s) of the farm on which the accessory structure sits, that all other residents must be immediate family members of the full-time employee, that each unit shall have a maximum gross floor area of 1,200 square feet and that the units are located and comply with the following requirements: [Amended 8-11-2004]
(a) The setbacks shall be twice the setbacks required for farm accessory buildings, except that said units shall not be located in any front yard area. These uses shall use the same driveway as the principal residence on the property.
(b) The number of farm labor housing units (in addition to the principal residence) permitted on a farm under these provisions shall not exceed one unit per 15 acres or one unit per eight horse stalls, whichever results in the smaller number, for a total not in excess of three units per farm.
(c) Certification of eligibility that occupancy of a unit is by a full-time employee involved in the primary operation of the farm shall be submitted annually by the property owner to the Township Planner. Smoke detector inspections pursuant to § 29-7C(7) and submission of the health standard certifications pursuant to § 93-4 of the Code of the Township of Colts Neck shall occur for each change in tenancy.
(d) A farm must have an area of at least 15 contiguous acres to be eligible.
(e) Any units provided under this provision shall cease to be used as a residence within six months of the date that occupancy ceases or that the property no longer qualifies for such housing under the requirements herein.
(f) Construction permit and certificate of occupancy are required for these units.
(g) Grandfathering or nonconforming accessory dwelling units in the AG Zone. An accessory dwelling unit which has received a certificate of occupancy and was occupied as of the effective date of this section may be enlarged or reconstructed without an appeal to the approving authority even though the accessory dwelling unit may now be nonconforming as to the number of units per farm permitted, provided that the accessory dwelling unit conforms with all bulk requirements in § 102-86D(6)(a).
(7) Farm labor housing attached to or part of a barn or other farm building. Farms equipped with horse training and/or horse breeding facilities and other operating farms that are continuously engaged in training and/or breeding horses, raising of livestock and/or raising of crops may provide living quarters and associated bathroom and kitchen facilities in a structure attached to or part of a barn or other farm building and specifically designed and designated for the purpose and which meet New Jersey State Housing Code (N.J.A.C. 5:28-1.2 et seq.) standards. [Amended 8-11-2004]
(a) The number of farm labor housing units (in addition to the principal residence) permitted on a farm under these provisions shall not exceed one unit per 15 acres or one unit per eight horse stalls, whichever results in the smaller number, for a total not in excess of three units per farm. A farm must have an area of at least 15 contiguous acres to be eligible. Each unit shall have a maximum of 1,200 square feet per unit. Occupant(s) living in the quarters must be full-time employee(s) involved in the primary operation of the farm on which the accessory structure sites. All other residents must be immediate family members of the full-time employees.
(b) Certification of eligibility that the occupants for the living quarters are full-time employees involved in the primary operation of the farm shall be submitted by the property owner annually to the Township Planner. Smoke detector inspections pursuant to § 29-7C(7) and submission of the health standard certifications pursuant to § 93-4 of the Code of the Township of Colts Neck shall occur for each change in tenancy. Such living quarters require a construction permit and a certificate of occupancy. Any units provided under this provision shall cease to be used as a residence six months after the date that occupancy ceases or that the property no longer qualifies for such housing under the requirements herein.
(c) Grandfathering or nonconforming accessory dwelling units in the AG Zone. An accessory dwelling unit which has received a certificate of occupancy and was occupied as of the effective date of this section may be enlarged or reconstructed without an appeal to the approving authority even though the accessory dwelling unit may now be nonconforming as to the number of units per farm permitted, provided that the accessory dwelling unit conforms with all bulk requirements of the AG Zone.
(8) Golf courses; subject to § 102-93.
(9) Travel trailers, camper trailers, boats and boat trailers and solar energy panels mounted at ground level, to be located or parked in rear and side yards only and which shall be screened from view from public streets and neighboring properties by screening planting, fencing or a combination thereof, such as to provide the proper shielding after two growing seasons. Location and screening requirements do not apply to solar energy panels mounted flush or nearly flush with building sides or roofs.
(10) Farm stands, temporary seasonal; subject to § 102-92.
(11) Nursery schools affiliated with churches, operated on church premises and operated on a nonprofit basis.
(12) Antennas, subject to § 102-49.
(13) Riding/training stables, Types 1, 2 and 3. See §§ 102-102, 102-103 and 102-104.
(14) Horse tracks with major site plan approval.
(15) The keeping of farm animals on a lot which is the subject of a farmland assessment shall be permitted as an accessory use with a principal farm use. [Added 5-14-1997]
(16) A winery [see § 102-86F(7)] and winery retail sales area in conjunction with a winery which meets the following requirements: [Added 12-19-2000]
(a) The sales area shall be limited to juices, wine and/or brandy grown, processed and fermented on site in the winery, along with associated accessory products such as corkscrews, wine totes, wine buckets, wine glasses, decanters, small wine racks, small uncorking and preservation machines, small wine barrels and literature. No food or food products shall be sold from the retail sales area, except for agricultural produce or product grown on the site. Gratuitous offerings of cheese, crackers or condiments associated with wine sampling is permitted upon approval of the Colts Neck Health Officer, pursuant to Chapter 12 of the State Sanitary Code.
(b) The gross floor area of the retail sales area shall not exceed 600 square feet. Gross floor area of the retail sales is not included in the farm winery floor area ratio (FAR) calculations.
(c) The retail sales areas shall be open to the general public within the limitations as prescribed by the farm winery license and Township ordinances applicable to the sale of alcoholic beverages, whichever are more restrictive. However, the winery retail sales area may only be open for retail sales between 9:00 a.m. and 6:00 p.m., except on Saturday and Sunday when the hours will be from 11:00 a.m. to 6:00 p.m. Said retail sales area shall be allowed to be open a maximum of four days per week.
(d) One nonilluminated facade sign may be permitted, provided that the area of the sign does not exceed the equivalent of 5% of the area of the wall on which it is attached or 40 square feet, whichever is smaller. On-site directional signs are permitted, provided that said signs do not exceed 5 square feet in area and 2 1/2 feet in height.
(e) One off-street parking space shall be provided for each 100 square feet of floor area devoted to the sales area. The parking area may be paved or gravel.
(f) Notwithstanding Subsection D(16)(c) above, the retail sales area shall be closed on Monday, Tuesday and Wednesdays of each week.
(g) Notwithstanding Subsection D(16)(c) and (f) above, the retail sales area can be open a maximum of nine continuous months per calendar year. All interior signs shall be removed during off-season periods.
(h) Tour buses, as defined herein, shall not be allowed on site nor be allowed to park on public streets or roads nor be allowed to discharge passengers on said public streets or roads or on the site.
(i) Wine sampling shall be limited to no more than five samples per visitor as defined herein.
(j) Special events such as Renaissance fairs, wine festivals, music festivals, theme nights, banquets, weddings and wedding receptions associated with a winery shall be prohibited.
(k) Winery permit required.
[1] Wineries utilizing existing farm structures located on properties as of the adoption of this subsection and fulfilling all requirements of §§ 102-86D(16) and 102-86F(7) shall be site plan exempt. All other wineries must obtain Minor Site Plan approval from the approving authority.
[2] All wineries must obtain a yearly retail sales permit issued by the Zoning Officer. The retail sales permit shall be valid for a maximum period of nine months per year and shall be issued or denied within 20 working days of submission. A fee of $25 must be submitted with the permit application.
[3] All winery retail sales permit applications shall include a plot plan prepared in accordance with §§ 102-86D(16) and 102-86F(7) and indicate the location of all existing structures, proposed parking locations, the location, size and description of all interior signs, floor plan of the retail sales area, the proposed signage, the location of all entrances and exits, the location of all access isles, parking control measures to be provided and a description of the wine and accessory products sold and the hours of operation. Proof of a State Alcoholic Beverage Control (ABC) approved farm winery license must also be submitted. The Zoning Officer may request additional information as deemed necessary.
(l) A mercantile license shall also be obtained.
(17) Home office, meaning a room within a single-family dwelling where office activity is carried on for gain by a resident in a dwelling unit, shall be a permitted accessory use in a single-family dwelling, provided: [Added 5-25-2005]
(a) The business use is limited solely to office use;
(b) The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;
(c) No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;
(d) The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;
(e) Interior storage of materials shall only consist of office supplies;
(f) There shall be no change to the exterior of the buildings or structures because of the use, and no outside appearance of a business use, including but not limited to parking, storage, signs, or lights;
(g) The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents;
(h) The use does not require any increased or enhanced water supply;
(i) The quantity and type of solid waste disposal is the same as other residential uses in the zone district;
(j) The capacity and quality of effluent is typical of normal residential use and creates no potential or actual detriment to the individual subsurface disposal system or its components;
(k) Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district; and
(l) All vehicular 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.
(18) Wind energy systems; subject to § 102-82.1. [Added 8-10-2011]
E. Building height. No building shall exceed 35 feet in height or 2 1/2 stories, except as provided in § 102-61.
F. Area and yard requirements.
(1) Farms, agricultural, horticultural and dairying uses shall be 10 acres minimum. Barns, livestock shelters and other customary agricultural accessory farm buildings which usually house or contain livestock shall be set back at least 100 feet from any property line.
(2) Veterinarian officers for large farm animals shall have a minimum lot size of six acres; a lot frontage and width and depth of at least 300 feet; front, side and rear yards of at least 150 feet; and a maximum lot coverage of 5%.
(3) Residential development. The development of residences shall be based on one of the following choices. Overall, the densities are kept low. The intent is to add flexibility to the number of design options available, so some additional development can take place, while minimizing the impact on agricultural uses, maximizing the preservation of prime agricultural soils and the industry of agriculture, directing higher-density development away from the reservoir, encouraging the conservation of energy and maximizing opportunities to use renewable energy sources.
(a) Ten-acre farmettes and flag lots. [Amended 2-13-2013]
NOTES:
1 See § 102-87, Note 1.
2 Except that barns, livestock shelters and other customary agricultural accessory farm buildings and structures shall be located at least 100 feet from any lot line, and barns may have a maximum height of 55 feet. See § 102-61 for additional building height for single-family dwellings.
3 See definition.
(b) Lot size averaging.
[1] Development of a tract is encouraged to be designed according to the principles of lot size averaging in order to preserve major tracts of land for agriculture and/or open space. To determine the number of lots (meaning dwelling units as well) permitted on a tract, the total acreage of the tract being subdivided shall be divided by 10. Any fraction greater than 0.50 shall be rounded up. This number of lots (which includes any existing dwelling units on the tract), plus any bonus lots allowed as set forth below, shall be the maximum number of lots allowed on the tract. These lots may then be designed based on the design principles of lot size averaging where new lots may be as small as 88,000 square feet, provided that one or more large tracts are dedicated to agriculture or open space so that the overall average is maintained. Lots less than 10 acres shall meet the zoning requirements set forth below. In order to encourage developments that will result in large contiguous tracts so as to encourage the continuation of agriculture and/or open space, perpetuate the rural character and minimize the appearance of development, bonus lots shall be permitted as set forth in Table A, Bonus Lots. Note that, pursuant to § 102-86C(3), the conditional uses of churches, libraries, private and public nonprofit day schools of elementary or high school grades and accredited by the New Jersey Department of Education are expressly prohibited on lots resulting from these lot size averaging provisions. [Amended 8-13-1997; 8-13-2003; 8-14-2013; 12-10-2014]
Zoning Requirements for Lots Less Than 10 Acres
NOTES:
1Lots less than 10 acres are limited to one detached single-family dwelling with applicable permitted accessory uses.
2See § 102-87, Note 1.
3Accessory buildings and structures shall meet the area and setback requirements as set forth in the A-1 District and in the Schedule of Limitations for the A-1 District.
4See definition.
Table A Bonus Lots
A. Minimum large tract dedications. The minimum tract size dedicated for farmland or open space shall be 30 acres.
B. Bonus for large tract dedications. Dedicated tracts less than 30 acres after the subdivision, including any and all bonus lots, receive no bonus. For large tract dedications of 30 acres or more, bonus lots shall be allowed according to the following schedule:
Table A Bonus Lots
[Amended 8-13-1997]
C. Bonus for screening the development from view. In developments where 30 or more acres are dedicated to open space and/or agriculture, a maximum of one bonus lot is permitted for the entire tract when all lots less than 10 acres in size are screened from view from arterial and collector roads, whether the development is constructed in one phase or in multiple phases. The purpose is to maintain the view of such features as farm buildings, woods, pastures, fields, crops and similar features contributing to the rural character of Colts Neck. This bonus only applies to developments with frontage on arterial or collector roads and where all new road locations will not make existing lots outside the development corner or through lots. To achieve the desired result all lots less than ten acres in size must be set back a minimum of 400 feet from an arterial or collector road. A berm and a 75 foot wide landscape easement shall be placed on the lots less than 10 acres in size facing the arterial or collector road. The berm shall have a minimum height of four feet and have a maximum 5:1 side slope. The berm shall be planted with an all-season screen consisting of evergreen and deciduous trees. The evergreen trees shall be a minimum of six feet in height at planting and the deciduous trees shall be a minimum of 2 1/2 inches in caliper (11 to 12 feet in height) at planting. The landscape screen shall be planted in groupings of evergreen and deciduous trees. Evergreen tree groupings shall consist of three to seven trees per group. Deciduous tree groups shall consist of one canopy tree, and three ornamental trees (six to eight feet in height, 1 3/4 inch caliper) per group. All trees (evergreen and deciduous) shall be planted in a double staggered row 20 feet on center. In lieu of this berm, the developer may propose an alternative design, subject to the satisfaction of the approving authority, singly or in combination, using existing wooded areas so that visibility of all lots less than ten acres in size is screened and the views of the farms and related rural and/or open space characteristics are the primary view.
NOTE: The permitted number of bonus lots is cumulative. For example, a tract of 150 acres, where 75 acres is deed-restricted to agriculture (three bonus lots) and all the new homes are screened from view (one bonus lot), the developer may submit a subdivision design with up to 19 buildable lots (150 acres at one unit per 10 acres equals 15 lots, plus the four bonus lots).
[2] Priority shall be given in the design of the development to minimize conflicts that can arise between the new housing and any active agricultural uses, considering such things as placing any agricultural tracts on the prime agricultural soils and having access to surface water or groundwater resources for irrigation purposes, using topography and/or existing wooded area and/or developer-provided landscaped area to buffer and/or separate any agricultural uses from nonagricultural uses and retaining large blocks of contiguous acreage. Easements may be required to protect buffer areas.
[3] For each lot 30 acres or larger created under these lot size averaging provisions and used to qualify for bonus lots and intended for use other than a single-family dwelling, a site plan sketch plat and a description of intended use shall be provided as part of the application for preliminary major subdivision approval in order to assist the approving authority and the applicant in determining the required spacing and other design criteria for such matters as meeting any required buffer areas under § 102-90, the separation of residential and nonresidential traffic and whether the general design or any specific components of the design should either encourage or discourage the integration of or separation of the abutting uses. Permitted uses on these lots, in addition to single-family dwellings with applicable permitted accessory uses, are limited to golf courses, agriculture and horticulture and/or open space in accordance with the applicable requirements herein.
[4] A sample deed restriction dedicating the tract(s) to agricultural or open space shall accompany the application, together with a sample deed for all single-family lots. The following statement shall be contained in the deeds for all lots in a subdivision approved under these lot size averaging provisions [including the remaining tract(s) dedicated to agricultural or open space] and shall be placed upon the preliminary plat and on the final subdivision plat that is filed. The applicant shall furnish a copy of the filed deed conveying each lot, containing the following clause, to the Township Planning Board at the time of the conveyance: [Amended 12-30-1998; 8-14-2013]
"This lot was subdivided pursuant to the lot size averaging provisions published in § 102-86F(3)(b) of Chapter 102, Development Regulations, of the Code of the Township of Colts Neck. The further subdivision of this lot which is described herein is prohibited. The use of this lot for places of worship, libraries, private and public day schools of elementary or high school grades accredited by the New Jersey Department of Education is also prohibited. These restrictions shall run with the land described herein and are binding upon any and all heirs, successors and assigns in title from and after the date of this deed and shall be enforceable by the Township of Colts Neck."
(c) Farmland preservation parcels. [Added 8-18-1999]
[1] To receive treatment under this section, farmland preservation property must consist of a lot, tract or parcel of land with a minimum contiguous acreage of 25 acres.
[2] The owner of a lot, tract or parcel of land who intends to place a portion of such property meeting the acreage requirements set forth in Subsection F(3)(c)[1] into farmland preservation shall be entitled to subdivide one residential lot from the lot, tract or parcel. The remainder shall be placed in farmland preservation. Use of the subdivided lot shall be limited to a detached single-family dwelling with permitted accessory uses.
[3] The subdivided residential lot shall meet the following zoning requirements:
[4] Accessory buildings and structures. Accessory buildings and structures shall comply with the area, height and setback requirements set forth for accessory buildings and structures in the A-1 Zone.
(4) For golf courses, see § 102-93.
(5) Facilities for the raising, breeding, experimentation and/or shipping of animals for medical and scientific purposes shall have a minimum lot area of 25 acres meeting the following minimum requirements. The minimum building setback from all property lines shall be 500 feet; the maximum building coverage shall not exceed 10%; and the maximum paved area shall not exceed 15%.
(6) For swimming pools and private residential recreation Courts, see §§ 102-101 and 102-108.
(7) The winery must be located on the same premises as a vineyard. The premises must be at least 30 contiguous acres. The winery shall be subject to the following restrictions: [Added 12-19-2000]
(a) All buildings associated with the winery for the selling, processing, fermenting, bottling and/or barreling of juices, wine or brandy shall have a minimum front setback of 200 feet, a minimum side setback of 50 feet, a minimum rear setback of 100 feet and shall not exceed 35 feet in height.
(b) The sum of all floor areas for the building used in the winery for the winery activities, excluding the retail sales area, shall not exceed a floor area ratio of .035 for the first five acres of the vineyard. All acreage in excess of five acres will permit an additional floor area ratio of .02 per acre.
(c) The maximum lot coverage for a winery shall not exceed 10%.
G. Minimum off-street parking (see also § 102-99).
(1) There shall be three spaces per dwelling unit, except seasonal farm dwellings shall have an adequate off-street parking area.
(2) Public utility buildings shall provide one space for each company vehicle stationed at the building, plus one space for each employee, but in no case less than two spaces.
(3) Veterinarian offices shall provide at least six spaces or a minimum of one space for each 400 square feet of gross floor area, whichever requires the most parking.
(4) Horse tracks shall provide and maintain in good condition and free of grass and weeds improved, gravel-surface parking for the maximum number of vehicles normally using the facility.
(5) Places of worship shall provide one space for every three seats.[Added 5-25-2005]
H. For sign requirements, see §§ 102-93, 102-106 and 102-84H.
I. Recyclable material storage. A condition of approval for all subdivisions shall be that all single-family units constructed on said subdivision shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclable materials (including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen. This requirement shall be stated on the subdivision plat.
