§ 102-98 Multifamily provisions.

Any development in which garden apartments, townhouses, atrium houses, quadplexes or other forms of multifamily housing are proposed shall comply with the following requirements.

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

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

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

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

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

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

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

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

§ 102-99 Off-street parking.

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

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

C. For additional requirements for lots in residential zones containing other than a residential use, subject to § 102-119. [Amended 5-25-2005]

§ 102-100 Planned developments.

Any project proposed under a permitted form of planned development shall follow the appropriate zoning criteria of this chapter and the applicable subdivision and site plan criteria. Prior to approval of any planned development, the approving authority shall make the following findings of facts and conclusions.

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

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

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

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

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

§ 102-101 Recreation Courts, private residential.

Such Courts shall not be artificially lighted, shall not be used for commercial, professional or paid instruction purposes and shall be subject to site plan approval. Such Courts for tennis shall be equipped with backstop chain link fencing, having a minimum height of 10 feet and a maximum height of 15 feet, installed at both ends of said Court. Other appropriate means shall be provided as needed for other recreation courses to protect adjacent properties from struck, thrown, flying or rolling objects. Courts shall be shielded from view of streets and adjacent properties by an all-season landscaping screen designed, signed and sealed by a licensed landscape architect.

§ 102-102 Riding/training stable, Type 1.

A. See the definition in Article III.

B. The minimum lot size shall be 10 acres.

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

D. No show permit or site plan approval is required.

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

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

(1) Horse shows shall be limited to utilizing horses stabled on site for a fee for a minimum of 30 consecutive days and ridden by their owner or agents.

(2) Shows shall not be open to the public.

(3) No additional signs are permitted.

(4) No sound-amplifying equipment shall be used.

(5) Adequate off-street parking shall be provided; no parking in street right-of-way is permitted.

(6) Shows shall be limited to daylight hours.

(7) If any structures are to be erected for shows or if food or beverages are to be provided, local building/construction and Board of Health requirements must be met.

G. Minor site plan approval is required for outdoor lighting installations. Outdoor lighting will be permitted if shown on an approved plan on the following conditions: [Added 12-29-1999]

(1) Lights are installed no higher than 15 feet from ground level.

(2) Lights are shielded and deflected to illuminate property and no adjoining properties are adversely affected thereby.

(3) No exterior lighting, other than for security purposes, shall be utilized between the hours of 10:00 p.m. and 6:00 a.m.

(4) Lighting is to be utilized for training purposes only.

§ 102-103 Riding/training stable, Type 2.

A. See the definition in Article III.

B. The minimum lot size shall be 25 acres.

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

D. Minor site plan approval is required. Outdoor lighting will be permitted if shown on an approved plan on the following conditions:[Amended 12-29-1999]

(1) Lights are installed no higher than 15 feet from ground level.

(2) Lights are shielded and deflected to illuminate only the subject property and no adjoining properties are adversely affected thereby.

(3) No exterior lighting, other than for security purposes, shall be utilized between the hours of 10:00 p.m. and 6:00 a.m.

(4) Lighting is to be utilized for training purposes only.

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

F. Private shows are permitted subject to the following requirements:

(1) Participation in shows shall be limited to utilizing horses owned by the farm owner/operator or horses stabled or to be stabled on site for a minimum of 30 consecutive days. Show participants shall be limited to the owner/operator and their agents and to the owner of qualifying stabled horses and their agents and to students actively taking instructions at the stable.

(2) Shows shall not be open to the public.

(3) No sound-amplifying equipment shall be used.

(4) Adequate parking area shall be provided to handle expected show needs. No parking in the street right-of-way is permitted.

(5) No additional signs are permitted.

(6) Shows shall be limited to daylight hours.

(7) If any structures are to be erected for shows or if food or beverages are to be provided, local building/construction and Board of Health requirements must be met.

(8) A show permit is required for shows. Said permit is to be issued by the Township Administrator for a fee. The applicant is required in the application to define the activities to be conducted, the expected number of horses and people involved and the date, time and duration of the show; and to demonstrate that adequate parking is to be provided; and to detail other measures to be taken to limit undesirable effects on the neighborhood to the satisfaction of the Township Administrator and Director of Public Safety.

(9) A limit of two shows per year, per farm, is permitted.

§ 102-104 Riding/training stable, Type 3.

A. See the definition in Article III.

B. The minimum lot size shall be 50 acres.

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

D. Minor site plan approval is required. Outdoor lighting will be permitted if shown on an approved plan on the following conditions: [Amended 12-29-1999]

(1) Lights are installed no higher than 15 feet from ground level.

(2) Lights are shielded and deflected to illuminate only the subject property and no adjoining properties are adversely affected thereby.

(3) No exterior lighting, other than for security purposes, shall be utilized between the hours of 10:00 p.m. and 6:00 a.m.

(4) Lighting is to be utilized for training purposes only.

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

F. Public shows are permitted subject to the following requirements:

(1) There shall be no restrictions on the origin of horses or participants.

(2) Shows may be open to the public.

(3) Sound-amplifying equipment may be used, provided that it is used in such a manner so as not to constitute a public nuisance.

(4) Adequate parking area shall be provided to handle expected show needs. No parking in the street right-of-way is permitted.

(5) One additional four-foot-by-eight-foot double-sided sign or two four-foot-by-eight-foot single-sided signs located on site advertising the show may be provided for a maximum of two weeks prior to and on the show date. Traffic control signs are also permitted. Details of signs and location must be submitted as part of show permit application.

(6) Shows shall be limited to daylight hours.

(7) Sanitation facilities are to be provided and approved by the Health Officer.

(8) If any structures are to be erected for shows or if food or beverages are to be provided, local building/construction and Board of Health requirements must be met.

(9) A show permit is required for shows. Said permit is to be issued by the Township Administrator for a fee. The applicant is required in the application to define the activities to be conducted, the expected number of horses and people involved and the date, time and duration of show; and to demonstrate that adequate parking is to be provided; and to detail other measures to be taken to limit undesirable effects on the neighborhood to the satisfaction of the Township Administrator and Director of Public Safety. The Director of Public Safety may require the applicant to provide qualified traffic control personnel.

(10) A limit of two shows per year, per farm, is permitted.

(11) American Horse Show Association (AHSA) type shows are permitted; horse races, steeple horses and similar activities are prohibited.

§ 102-105 Slope regulations.

[Amended 12-29-1999]

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

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

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

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

(1) For steep slopes of 15% but less than 25%, a maximum of 30% of the total area in this slope category may be disturbed for construction.

(2) For steep slopes of 25% or greater, disturbance shall only be permitted where the applicant demonstrates that each disturbance is essential to the reasonable use of the property.

§ 102-106 Signs.

A. All signs, except temporary real estate signs, require Planning Board approval unless specifically exempted by other provisions of this chapter. Modification or relocation of existing signs requires approval of the Zoning Officer and/or Code Enforcement Officer. The Planning Board shall submit all applications for sign approval to the Architectural Review Committee pursuant to Chapter 2, Architectural Review Committee, and more specifically §§ 2-4, 2-5, and 2-6. [Amended 11-10-1999]

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

(1) Animated flashing and illusionary signs and balloons or gas- or air-filled objects or signs using mechanical, electrical and/or other means or devices to display flashing, movement or the illusion of movement are prohibited.

(2) Height. No freestanding or attached sign shall exceed the maximum height provided in the district. In any event, no sign shall exceed any lesser height if specified elsewhere in this chapter and shall not be higher at any point than the roof of the building if it is attached to a building.

(3) Illuminated signs, where permitted, may be externally illuminated between 6:00 a.m. and 10:00 p.m. and so arranged as to reflect the light and glare away from adjoining premises in any residential zoning district and away from adjoining streets not to interfere with any motorist's visibility or general vehicular traffic. Illuminated signs shall comply with the National Electric Code. Neon lighted signs are prohibited. All signs may be externally illuminated with said lights a maximum distance of six feet from the sign. [Amended 11-10-1999; 7-9-2008]

(4) Maintenance. Signs must be constructed of durable materials, preferably wood, maintained in good condition and not allowed to become dilapidated. [Amended 11-10-1999]

(5) Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least 10 feet horizontally from the street curbline or edge of pavement. Such signs shall not exceed four square feet on each side and shall not be more than five feet high and shall be removed at the expense of the advertiser immediately upon termination or completion of the matter of business being advertised. All such signs do not need a sign permit or site plan approval. [Amended 11-10-1999]

(6) Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, but said area shall not include any supporting framework and bracing incidental to the display itself. Freestanding signs may carry advertising or displays on a maximum of two sides. [Amended 11-10-1999]

(7) Farm signs identifying the name of the farm shall not exceed 12 square feet on each side, shall not exceed eight feet in height, may be externally illuminated and shall be located no closer than 10 feet from the existing curbed or paved roadway. [Amended 11-10-1999; 7-9-2008]

(8) Temporary farm stand and pick-your-own agriculture signs.

(a) Two nonilluminated temporary signs with a maximum total area of 64 square feet of sign area, one double-sided four-foot-by-eight-foot sign or two single-sided four-foot-by-eight-foot signs are permitted at each road frontage for the site upon which the crop is being sold. Said sign shall not exceed 10 feet in height and shall not be illuminated. In addition, traffic control exit and entrance signs, not to exceed eight square feet in sign area, may be used. Lettering on these signs shall be limited to traffic control information and the name of the farm stand. No trucks, wagons, trailers or similar vehicles with lettering or pictures of products on their sides shall be parked on the sales field location or on other fields in such a location as to serve as a sign along a street or highway. Such signs shall be located no closer to a street or road than the property line. [Amended 7-9-2008]

(b) Such signs require a temporary outdoor sign permit approved and issued by the Zoning Officer. The application for such a permit shall include a sketch showing the size of the sign(s) and their location relative to the property lines of the field involved and to bordering streets and highways. The permit shall be for a maximum specific interval consistent with the sales period for the crop involved as follows: 30 days for strawberries; 90 days for corn; 45 days for pumpkins; or as otherwise specified by the granting agent. [Amended 11-10-1999]

(9) Signs advertising a new major subdivision. For the purposes of this section, a sign shall not be constructed of masonary, brick, concrete, stone or other similar materials nor shall it give the appearance of being a wall, fence or similar barrier. [Amended 11-10-1999; 8-30-2000]

(a) A new major subdivision or site may have a maximum of two temporary signs, with a combined maximum of 32 square feet of sign area total per development. The sign shall not exceed a height of eight feet and shall not be illuminated. Sign approval must be obtained as part of the subdivision or site plan approval or as a freestanding sign not included in a subdivision or site plan approval. The approval shall limit the sign life to the period that the development is covered by a performance bond. The Planning Board may extend this interval for good cause. No sign shall be erected until preliminary Planning Board approval thereof. Such signs shall be kept in good repair and shall be located on the site where construction is taking place.

(b) No signs indicating or displaying directions to a new subdivision shall be erected, temporarily or otherwise.

(c) All signs erected in connection with a developing subdivision shall be removed immediately upon the sale of the final lot in the subdivision, unless approved by the Planning Board.

(d) Erecting or displaying signs advertising banks or other financial funding institutions or sources is prohibited.

(10) Garage sale, yard sale, estate sale signs. Any sign advertising a garage, yard, estate or other similar sale shall not be erected sooner than one day prior to the sale and must be removed no later than one day following the sale's end. All such signs shall be no larger than three square feet. No such sign shall be placed on any utility pole, street sign, trees or fences. No one residence or organization shall conduct more than two such sales per year. A sign permit shall not be required for the posting of such signs. The enforcement officer shall be responsible for enforcing these provisions. [Added 11-10-1999]

(11) Political signs. No sign permit is required for a sign reflecting or endorsing political views or political candidates. No such sign shall exceed 32 square feet. Any sign advertising for any federal, state, local or school board elections shall not be erected sooner than 30 days prior to said election and shall be removed not more than 7 days after said election unless otherwise provided by federal or state law or legislation. [Added 11-10-1999]

(12) Charitable events. Signs of this sort may be erected up to 21 days prior to the advertised charitable event. Signs of this sort shall not exceed 32 square feet and are to be installed at least 10 feet from the curbline or paved street. These signs must be erected on property owned or leased by the sponsoring agency or upon other property with written permission from the property owner. A sign permit is not required for this type of sign. Signs of this type must be removed within three days of the event. [Added 11-10-1999]



C. Outdoor seasonal decorations. Display of seasonal decorations are exempt from sign requirements and do not require Planning Board approval but shall meet the following reequitements: [Amended 11-10-1999]

(1) Seasonal decorations, exempt from sign ordinance requirements, are permitted for and limited to the following major holidays which customarily involve seasonal theme decorations:

(a) Easter.

(b) Halloween.

(c) Thanksgiving.

(d) Christmas.

(e) Mother's Day.

(f) Chanukah.

(g) Passover.

(2) Decorations using mechanical, electrical, wind and/or any other means or devices to display flashing, movement or the illusion of movement are prohibited. Twinkle Christmas tree lights are exempt from this requirement.

(3) Location. There shall be one display per lot or temporary, seasonal farm stand located on the same lot as the business or farm stand. Setbacks shall be the same as for a principal structure.

(4) Height. The maximum height of all signs shall be 35 feet. This shall include helium balloons and other airborne types of displays.

(5) Display period.

(a) For Halloween and Christmas: 31 days.

(b) For all other holidays: 15 days.

(6) Permit. A seasonal decoration display permit shall be approved by and obtained from the Zoning Officer. The application shall include the following information, and a fee shall be paid: [Amended 11-10-1999]

(a) Dimensioned drawings of the display showing size and mounting height.

(b) A plat plan showing the location of the display relative to lot lines and nearby structures and the calendar interval when the display will be utilized.

D. Indoor signs. Illuminated signs or flashing lights within a structure or building are allowed only if they are not plainly visible outside the structure to the general public when 100 feet or more from any part of the structure. Neon signs are prohibited unless they are not plainly visible from outside the structure or building. [Amended 11-10-1999]

E. Sign removal. The Township of Colts Neck retains the right to remove all illegal signs from any state, county or local streets, street signs, public property or utility poles. [Added 11-10-1999]

F. Public property. Permission to place any temporary sign on Township-owned property shall be granted on an individual basis, upon written request to the Township Committee. No such request shall be granted where such a sign shall pose a health and safety hazard, obstruct the safe passage of the public through public places or otherwise obstruct the view of streets. [Added 11-10-1999]