These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Colts Neck. Any action taken by the Planning Board and Zoning Board of Adjustment under the terms of this chapter shall give primary consideration to the requirements of this chapter and to the welfare of the entire community.
All provisions of this chapter may be amended in accordance with applicable laws in effect at the time of the amendment.
Nothing in this act shall be construed to restrict the right of any party to obtain a review by any Court of competent jurisdiction according to law.
A. Establishment and composition.
(1) A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., as amended, consisting of seven residents of the Township of Colts Neck, appointed by the Mayor, to serve terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Thereafter, the term of each member shall be for four years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed. The Zoning Board of Adjustment shall, furthermore, consist of two alternate members, who shall be appointed by the Mayor and who shall be designated at the time of appointment by the Mayor as Alternate No. 1 and Alternate No. 2, respectively. The individual first appointed as Alternate No. 1 shall serve for a term of one year. The individual first appointed as Alternate No. 2 shall serve for a term of two years. Thereafter, both Alternate No. 1 and Alternate No. 2 shall each serve for terms of two years.
(2) No member of the Zoning Board of Adjustment may hold any elective office or position under the Township.
(3) A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
(4) If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by Section 56 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-69), from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there is the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.
B. Zoning Board of Adjustment authority.
(1) No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zoning plan and the zoning provisions of this chapter.
(2) The Zoning Board of Adjustment shall have such powers as are granted by law to:
(a) Hear and decide, by majority vote, appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of this chapter. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(b) Hear and decide, by majority vote, requests for interpretation of the Zoning Map or the zoning provisions of this chapter or for decisions upon other special questions upon which such Board is authorized by this chapter to pass.
(c) Hear and decide, by majority vote, to grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulations so as to relieve such difficulties or hardship where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Part 3 herein would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property; and where, in an application relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the zoning provisions of this chapter and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from regulations pursuant to Parts 3 and 4 herein; provided, however, that no variance from those departures enumerated in Subsection B(2)(d) of this section be granted under this subsection; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to N.J.S.A. 40:55D-60a, as amended.
(d) Hear and decide particular cases and, for special reasons, to grant a variance to allow departure from regulations pursuant to Parts 3 and 4 herein to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to § 102-11 herein, pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in § 102-87, an increase in the permitted density as defined in Parts 3, 4 and 5 herein, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members. If an application for development requests one or more variances but not a variance for a purpose enumerated in this Subsection B(2)(d), the decision on the requested variance or variances shall be rendered under Subsection B(2)(c) of this section.
(e) Direct the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or other public area reserved on an adopted Official Map whenever one or more parcels of land located in these areas cannot yield a reasonable return to the owner unless a construction permit is granted, provided that the approval given will, as little as practicable, increase the cost of opening such street or tend to cause minimum change to the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public by an affirmative vote of a majority of the full authorized membership of the Board per N.J.S.A. 40:55D-34 of the Municipal Land Use Law, as amended. The Board of Adjustment shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to Subsection b of Section 47 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-60).
(f) Direct the issuance of a permit for a building or structure not related to a street where the denial of the permit would entail practical difficulty or unnecessary hardship or the circumstances do not require the building or structure to be related to a street, except that the issuance of such a permit shall be subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and subject to conditions that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Master Plan pursuant to N.J.S.A. 40:55D-36 of the Municipal Land Use Law, as amended. The Board of Adjustment shall not exercise power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to Subsection c of Section 47 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-60).
C. Any application under any subsection of this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act. [Amended 5-25-2005]
D. Time for decision. The Zoning Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or not later than 120 days after the submission of a complete application, checklists and other required plats and documentation to the Zoning Board of Adjustment and certification of the same as complete by the administrative officer. Failure of the Board to render a decision within such 120 days' period, and certification of the same as complete by the administrative office, or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant. See also § 102-4, the definition of "Complete application for purpose of determining time period for action."
E. In the granting of a variance under Subsection B(2)(c) of this section, a time limit of one year from the date of the variance approval shall be set, within which time the owner shall secure a construction permit, otherwise the variance granted shall be null and void. This time limit may be extended by the approving authority for good cause shown but shall not exceed three one-year extensions. [Amended 5-28-2014]
F. Granting of variances; public hearing and notice.
(1) Whenever an applicant shall request a variance under Subsection B(2)(d) of this section, the Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restriction as the Planning Board, subdivision, site plan or conditional use approval in conjunction with its action on the variance and may impose restrictions on the subdivision, site plan or conditional use application in the same manner as the Planning Board. The developer may elect to submit a separate application requesting approval of the variance and subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of a variance shall be conditioned upon the granting of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zoning plan and the zoning provisions of this chapter. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this subsection for the approval in question, and the special vote pursuant to Subsection B(2)(d) of this section shall not be required. Whenever a variance is granted pursuant to this subsection along with subdivision and/or site plan approval, the period of time to commence the development approved by the Zoning Board shall be the same as the period of time for other rights conferred upon the applicant by such subdivision or site plan approval. [Amended 5-25-2005]
(2) Whenever an application for development requests relief pursuant to this subsection, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application and certification of the same as complete by the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive application, the aforesaid provisions shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in these development regulations.
(3) Public notice for a variance public hearing under this subsection shall list all of the approvals requested, including, but not limited to, site plan, subdivision and/or conditional use.
G. See also § 102-23, Provisions applicable to both Zoning Board of Adjustment and Planning Board.
H. To be considered for discussion at a regular meeting of the Zoning Board of Adjustment, the application and supporting documents, including required plats, checklist(s), W-9 taxpayer's identification number and certification, developer's escrow agreement, hold harmless indemnification, Architectural Review Committee form, plot plan drawing, to scale, showing the proposed land improvement as well as all existing site improvements, including building, signs, driveway parking areas, pool, sheds, patio, etc., floorplans and elevations of all existing and proposed buildings and all other information required under the provisions of this chapter, and certification from the Township Tax Collector stating that all taxes levied against the property in question have been paid to date, together with the fee, shall be submitted to the administrative officer at least 10 working days prior to the meeting and in the following quantities: [Amended 3-28-2012]
(1) Request for relief under Subsection B(2)(a), (b) (c), (e) and (f) of this section: three copies of each required document.
(2) Requests for relief under Subsection B(2)(d) of this section: four copies of each required document.
(3) Request for relief under Subsection F of this section: four copies of the application plus the number of copies of supporting documents and plats as required by this chapter for the types of applications and developments involved.
I. Annual report on variances heard by Zoning Board. The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The Board of Adjustment shall send copies of the report and resolution to the governing body and Planning Board.
A. No development shall take place in the Township of Colts Neck except in conformance with this chapter.
B. All zoning site and subdivision requirements of this chapter shall be met at the time of occupancy, subdivision, use, development, improvement, construction, reconstruction, erection, enlargement, moving or change of use of land or structures or any change in any aspect covered by this chapter and shall apply to the entire structure(s) and lands, whether or not the entire structure, structures, site or lands are involved.
C. All developments resulting from subdivision and site plan approvals shall comply with all the design and performance standards of this chapter, including conditions imposed by the approving authority as shown on the approved plat and/or included in the resolution adopted by the approving authority.
Regulation of the development of land and the attachment of reasonable conditions to development applications is an exercise of valid police power delegated by the state to this Township. The applicant has the duty of compliance with reasonable conditions laid down by the approving authority for design, dedication, improvements and the use of the land so as to conform to the physical and economical development of the Township and to the safety and general welfare of the future residents and/or owners in the development and in the community at large. Where County Planning Board review or approval is required on a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable report by the County Planning Board or approval by the County Planning Board due to its failure to submit a report within the required time period. If the county's report is negative or attaches conditions which the local Board desires to reflect in its approval, the local Board may declare its original approval null and void and adopt a new resolution at its next regular meeting.
A. Before any approval shall be granted for a conditional use, application(s), with checklist(s), shall be made to the approving authority at least 10 days prior to a regular meeting. The approving authority shall grant or deny the application after public hearing but within 95 days of certification of a complete application by the administrative officer or within such further time as may be consented to by the applicant. Where a conditional use application involves a major site plan or a major subdivision, notice of the public hearing shall include reference to all matters being heard, and the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application.
B. Failure of the approving authority to act within the required time period shall constitute approval of the application. In reviewing the conditional use application, the approving authority shall review the number of employees and users of the property and the requirements set forth in this chapter for it or similar uses and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience, such as, but not limited to, the effect on adjacent properties, the buffer area, proposed use(s), the character of the area, vehicular traffic patterns and access, pedestrianways, landscaping, lighting, signs, noise, dust, drainage, sewage treatment, parking, potable water supply, screening, wetlands, utilities, the need by Township residents and structure location(s) and orientation(s). The uses for which conditional uses are granted shall be deemed to be permitted uses in their respective districts, and each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall require site plan review and approval by the Planning Board. Prior to making its decision, the approving authority shall be satisfied that the conditional use is reasonable and necessary for the use and convenience of the public in the location proposed. In the granting of conditional uses, a time limit of one year from the date of the conditional use approval shall be set, within which time the owner shall secure a construction permit and/or begin necessary development and/or begin the use, otherwise the conditional approval granted shall be null and void. This time limit may be extended by the approving authority for good cause shown.
C. Professional office buildings in the D Distillery and Bottling Plant District. [Added 5-14-2014]
(1) Professional office buildings may be permitted as a conditional use in the D Distillery and Bottling Plant District, provided that the use and/or structures shall adhere to the following.
(2) Purpose.
(a) The purpose of professional office buildings in the D Distillery and Bottling Plant District is to foster a traditional small-town scale of development and to minimize large-scale office parks, strip commercial development, regional shopping centers or large trip-generating uses. It is the intent to require maximum attention to proper site design, including the size and locations of structures and parking areas, proper ingress and egress, and developing an internal street system. Professional office buildings shall be designed to minimize impacts to natural resources and environmentally sensitive features, be compatible with natural foliage, soils, contours and drainage patterns, and avoid visual intrusion and performance nuisances upon adjacent properties.
(b) When professional office complex development occurs, it should be designed to achieve the following planning principles:
[1] Creation of a small-scale development found in traditional neighborhood commercial districts.
[2] Provide open space for civic functions, screening of the development and preserving environmentally sensitive features.
[3] Use of small building footprints and multiple buildings rather than large buildings.
[4] Establish a harmony in building materials, colors, windows, rooflines, signage, lighting, fencing and other improvements by sharing a common colonial architectural theme.
[5] Buildings should follow a traditional colonial form. Emphasis should be placed on facade details. Doors and windows should contain transoms, side lights, fan lights, keystones, decorative lintels, shutters and awnings. Building facades should contain columns, cornices, quoins, dentils, medallions, pilasters and porticos.
[6] Promote pedestrian circulation throughout the professional office buildings to allow travel from one building to another without the use of automobiles. A pedestrian realm lined with landscaping should be established along roads, access aisles and parking areas. Sidewalks, paths, crosswalks and other pedestrian areas should consist of brick or pavers laid in decorative patterns.
(a) The use shall adhere to the standards of § 102-112, D Distillery and Bottling Plant District, or to the following standards, whichever are more restrictive.
(b) Minimum principal and accessory front setback:
[1] County Route 537: 200 feet.
[2] Laird Road: 100 feet.
(c) Minimum principal and accessory side setback: 75 feet.
(d) Minimum principal and accessory rear setback: 75 feet.
(e) Minimum distance between buildings:
[1] When the yard area between buildings only consist of grass, landscaping or outdoor courtyard/plaza: 30 feet.
[2] When the yard area between buildings contains off-street parking areas, access aisles or driveways: 100 feet.
(f) Maximum building coverage: 10%.
(g) Maximum gross floor area per building: 10,000 square feet.
(h) Professional office buildings in the D Distillery and Bottling Plant District shall be subject to the area, yard and site plan requirements of § 102-109E.
(i) Professional office buildings shall be subject to the off-street parking requirements of § 102-109F.
(j) A landscaping buffer a minimum of 200 feet deep shall be established along County Route 537, a minimum buffer of 50 feet from Laird Road, and 40 feet from all surrounding properties. A minimum of 30% of the landscape buffer shall be planted with trees that will be at least 40 feet in height at maturity.
D. Flex space in the D Distillery and Bottling Plant District. [Added 5-14-2014]
(1) Purpose. The purpose of permitting flex space is to fulfill a need that serves local small businesses with a low-intensity use without detriment to surrounding properties.
(2) Flex space may be permitted as a conditional use in the D Distillery and Bottling Plant District, provided that the use and/or structures shall adhere to the following.
(a) The use and/or structures shall adhere to the standards of the D Distillery and Bottling Plant District or the following, whichever are more restrictive.
(b) No individual tenant or space shall have a gross floor area that exceeds 3,000 square feet.
(c) Minimum principal and accessory front setback:
[1] County Route 537: 450 feet.
[2] Laird Road: 140 feet.
(d) Minimum principal and accessory side and rear setbacks: 75 feet.
(e) Outdoor storage of equipment and materials which are incidental to the flex space operation may be permitted as an accessory use in side or rear yards only and subject to setback requirements. Such storage areas shall be screened from public streets and adjacent properties by walls, fencing, landscaping or a combination of these elements.
(f) Cars, small trucks and vans (maximum overall length of 20 feet) may be parked outdoors, but all other vehicles and trailers shall be parked indoors.
(g) Off-street parking requirements:
[1] One space is required for every 200 square feet or fraction thereof devoted to office use.
[2] One parking space is required for every 1,000 square feet or fraction thereof devoted to storage or warehouse use.
E. Indoor recreational and training facilities in the D Distillery and Bottling Plant District. [Added 5-14-2014]
(1) Purpose. The purpose of permitting indoor recreational and training facilities in the D Distillery and Bottling Plant District is to fulfill an active recreational need while complementing the existing outdoor recreational facilities located at adjoining Dorbrook Recreational Area. The intent is to promote an adaptive reuse of the existing structures and facilities to minimize environmental impacts to the Swimming River Reservoir, a Category 1 water body resulting from increased impervious surfaces. The goal is to provide a year-round recreational practice and training facility to support the recreational activities occurring at Dorbrook Recreation Area on a seasonal basis. Emphasis must be placed on minimizing traffic impacts to Laird Road and County Route 537. A small-scale practice and athletic training facility with limited competitive games is encouraged. A large-scale recreational facility with multiple games and children's parties occurring simultaneously or consecutively on the same day is not envisioned.
(2) Indoor recreational and training facilities may be permitted as a conditional use in the D Distillery and Bottling Plant District, provided that the use and/or structures shall adhere to the following:
(a) The use shall adhere to the standards of the D Distillery and Bottling Plant District or the following standards, whichever are more restrictive.
(b) Permitted uses: adult and children's year-round athletic activities and sports academies to provide instruction, training and practice in field and court sports such as: baseball, soccer, football, softball, basketball, volleyball, ice skating, hockey, lacrosse, field hockey, gymnastics and swimming. The facility may provide training for a variety of sports. However, spectator seating shall be limited to a maximum of 100 permanent seats, such as retractable bleachers, tiered seating, etc., for the entire facility. Folding chairs or portable benches shall not be considered as permanent seating.
(c) Accessory uses may include a maximum one-thousand-square-foot snack bar, a maximum retail sales area for related sports and fitness items of 1,000 square feet and management offices. Amusement devices shall be limited to a maximum of five machines.
(d) Minimum principal and accessory front setbacks:
[1] County Route 537: 450 feet.
[2] Laird Road: 140 feet.
(e) Minimum principal and accessory side and rear setbacks: 75 feet.
(f) Vehicular access to and from the facility shall be limited to County Route 537 or Dorbrook Recreation Area.
(g) All patron and/or employee vehicles must be parking in an approved, designated, paved parking space. Off-street parking requirements for the facility shall be as follows:
[1] Indoor recreational and training facilities: two spaces per 1,000 square feet minimum; three spaces per 1,000 square feet maximum.
[2] Outdoor, court or field: 10 spaces per court or field minimum; 20 spaces per court or field maximum.
(h) Application for a recreational and training facility shall require a traffic study that will address traffic flow and off-street parking requirements. The study shall be based on traffic counts and parking counts obtained from two separate similar size and type of facilities over a full week per facility. Traffic counts shall not be limited to typical a.m. or p.m. peaks but shall include all times of day, including special events. The traffic study must demonstrate that the proposed improvements will result in zero degradation to the existing level of service during any period of time to County Route 537, Laird Road and the County Route 537/Laird Road intersection.
(i) The exterior of all building elevations facing County Route 537 or Laird Road shall be treated with brick, stone, decorative masonry, wood siding, vinyl siding or synthetic siding. No metal facades shall be visible from a public street. The use of "bubble type" buildings shall be prohibited.
