Uses permitted in the business districts generally require a significant portion of the property, in a contiguous area, to be relatively flat in order to site the building and provide reasonable access to and from parking and loading areas.

A. It is therefore the goal of these regulations to preferably avoid but at all times carefully control construction in areas of steep slopes (see definition) and abutting sloped areas in order to avoid creating new steep slope areas. The purpose is to minimize the disturbance of established vegetation on existing steep slopes and to avoid creating new steep slopes where the potential for soil erosion is increased due to the slope and the exposed soil needing to be stabilized.

B. For purposes of these provisions, "construction" shall mean any disturbance to land, including but not limited to the site work related to the placement of buildings, structures, streets, driveways, parking areas and similar improvements that involve excavations, fill, grading and clearing, except that selective thinning of vegetation and site work approved by the approving authority for sidewalks and similar pedestrianways, subsurface utility installations and drainage facilities shall not be considered construction.

C. Steep slopes, as defined herein, shall not be disturbed, except where the applicant demonstrates that each disturbance is essential to the reasonable use of the property. The applicant shall submit a separate sheet as part of the overall development plan, identifying the extent of the disturbance on steep slopes and noting the justification(s) for the disturbance.

D. Where construction will disturb steep sloped areas and areas abutting steep slopes, the plan shall provide the following design features, as applicable to the situation:

(1) An area with slopes 10% or more may be completely removed (such as a knob in the middle of the site), provided that the final grading eliminates slopes of 10% or more in the disturbed area and the removed soil is redistributed on site and/or removed from the site in accordance with other Township requirements;

(2) The area along the top of a slope of 10% or more but not more than 15% may be filled and a retaining wall constructed, provided that the horizontal width of the filled area shall not exceed 20 feet and the retaining wall shall be no higher than two feet;

(3) Any area of disturbance on a slope greater than 10% shall not result in a final grade greater than 15%; and

(4) Any grading or disturbance in an area having slopes of 10% or more shall stabilize the soil as required herein in order to avoid soil erosion.

**Webmasters Note: The revised checklists can be viewed at the Checklist link of the town page.

AN ORDINANCE OF THE TOWNSHIP OF COLTS NECK IN THE COUNTY OF MONMOUTH AND THE STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 102 OF THE CODE OF THE TOWNSHIP OF COLTS NECK ENTITLED " DEVELOPMENT REGULATIONS" AND MORE PARTICULARLY ARTICLE VI, SUBSECTION 41 "ZONING MAP"

WHEREAS, on April 23, 1997 the Colts Neck Township Committee amended in its entirely Chapter 102, Development Regulations of the Code of the Township of Colts Neck; and

WHEREAS, the Township of Colts Neck is continuously and closely involved in the planning and development process in the Township; and

WHEREAS, the Planning Board has prepared and adopted on February 9, 2010 a Master Plan Re-examination Report to guide the use of lands in a manner that promotes the public good and general public welfare; and

WHEREAS, the one of the purposes of the Master Plan Re-examination Report is to encourage a comprehensive review of the Township's planning policies and Development Regulations based on best available information and past experience and to guide the use of lands in a manner that promotes the general public welfare; and

WHEREAS, the Master Plan Re-examination Report recommends the following amendments to the Township Zoning Map:

WHEREAS, the New Jersey State Development and Redevelopment Plan designates the entire Township as either Planning Area 4B, Rural/Environmentally Sensitive Planning Area or PA5, Environmentally Sensitive Planning Area; and

WHEREAS, the intent of Planning Area 4B in the State Development and Redevelopment Plan is to protect the rural character of the area by encouraging a pattern of development that promotes a stronger rural economy in the future while meeting the immediate needs of rural residents and by identifying and preserving farmland and other open lands. The Plan also promotes policies that can protect and enhance the rural economy and agricultural industry, thereby maintaining a rural environment; and

WHEREAS, the intent of the State Development and Redevelopment Plan for Planning Area 5 is to provide for the protection of critical natural resources and for the maintenance of the balance between ecological systems and beneficial growth: and

WHEREAS, the first and basic goal of the February 10, 2004 Master Plan is to preserve the combination of open space, agriculture, and well buffered low density housing that is the cornerstone of the Township's rural and scenic character, and

WHEREAS, the proposed rezoning recommended by the Master Plan Re-examination Report is consistent with the State Development and Redevelopment Plan and the Master Plan in that the proposed A-5, Rural Residential and AG, Agricultural Zone expansions promote agriculture and will assist in preserving a viable agricultural industry; and

WHEREAS, in order to maintain agriculture as a viable industry there must be a critical mass of farms to support agricultural related business that in turn makes agriculture possible and once farms are residentially developed it is unlikely that the land will be returned to an agricultural use again, and

WHEREAS, N.J.S.A. 40:55D-62 of the Municipal Land Use Law authorizes municipalities to adopt or amend zoning ordinances relating to the nature and extent of the use of land and of buildings and structures thereon, and

WHEREAS, the proposed rezoning advances the following purposes of the Municipal Land Use Law: promoting adequate light, air and open space; providing sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private according to their respective environmental requirements in order to meet the needs of all New Jersey citizens; promoting a desirable visual environment through creative development techniques and good civic design and arrangement; and promoting the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the State and to prevent urban sprawl and degradation of the environment through improper use of the land; and

WHEREAS. the Township Committee of the Township of Colts Neck finds that in order to maintain the Township's rural and scenic character, to promote agriculture and to sustain agriculture as a viable industry as envisioned by the Township Master Plan and the State Development and Redevelopment Plan there must be sufficient agricultural properties to support nearby agricultural business' such as: feed, seed, and equipment supplies, etc. that in turn are needed to make agriculture possible, and

WHEREAS, the Township Committee has carefully reviewed the zoning recommendations in the N faster Plan Re-examination Report and find that such rezoning is appropriate, represents sound planning and is in the best interest of the general welfare.

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Colts Neck, County of Monmouth, State of New Jersey as follows:

SECTION I: That Section 102-41, Zoning Map is hereby amended to include Block 53, Lots 4, 5, 6, 7, 8, 12, 12.01 and 18 in the A-5 Rural Residential Zone as shown on Map 2, Recommended Re-Zoning attached hereto.

SECTION II: That Section 102-41, Zoning Map is hereby amended to include Block 54, Lots 2, 3 part of, 6, 8, 9 and 10 part of in the AG, Agricultural Zone as shown on Map 2, Recommended Re-Zoning attached hereto.

SECTION III: Severability. If any section, paragraph subsection, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged and the remainder of this ordinance shall be deemed valid and effective.

SECTION IV: Repealer. The remainder of all other sections and subsections of the aforementioned ordinance not specifically amended by this ordinance shall remain in full force and effect.

SECTION V: Inconsistent ordinance. All ordinances or parts thereof inconsistent with the provisions of this ordinance are hereby repealed as to such inconsistency.

SECTION VI: This ordinance shall take effect immediately upon passage, publication and filing according to law.