[Amended 4-22-2002 by Ord. No. 0-02-08; 10-20-2009 by Ord. No. 0-09-52]
A. Purpose. The purpose of the SED Zone is to provide for a variety of economic development opportunities in areas of the Township where rail and highway infrastructure are readily available. (See Schedule II, Bulk and Dimensional Requirements, for the SED Zone.) [Amended 5-24-2011 by Ord. No. 0-11-13]
B. Permitted uses.
(1) Principal uses:
(a) Offices.
(b) Financial institutions.
(c) Medical centers.
(d) Warehousing and distribution.
(e) Assembly and packaging.
(f) Utility uses.
(g) Agriculture, forestry and agricultural services.
(h) Manufacturing food and kindred products.
(i) Manufacturing textile products.
(j) Manufacturing apparel and similar finished products made from fabrics.
(k) Manufacturing lumber and wood products.
(l) Manufacturing furniture and fixtures.
(m) Manufacturing paper and allied products.
(n) Manufacturing printing and publishing.
(o) Manufacturing leather products.
(p) Manufacturing stone, glass, clay and concrete products.
(q) Manufacturing fabricated metal products.
(r) Manufacturing electronic and electrical equipment.
(s) Manufacturing photographic equipment, medical, optical goods, watches, clocks.
(t) Construction.
(u) Multipurpose recreation and sports complex in accordance with § 188-86.3.
(v) Solar energy generation facilities. [Added 5-24-2011 by Ord. No. 0-11-13]
(2) Design standards for solar energy generation facilities. [Added 5-24-2011 by Ord. No. 0-11-13]
(a) Ground-mounted systems shall provide emergency vehicle access to all components as per the New Jersey State Fire Code, Section 305, "Fire Apparatus Access Roads."
(b) Except pursuant to a permit issued by the New Jersey Department of Environmental Protection, ("NJDEP"), no portion of a solar energy generation facility shall occupy areas of land designated and regulated by NJDEP as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors. An applicability determination from the NJDEP shall be provided to document the presence and/or absence of these regulated areas. Except pursuant to a permit issued by NJDEP, a three-hundred-foot buffer shall be maintained between NJDEP-designated Category One waters, as defined in the existing Surface Water Quality Standards rules at N.J.A.C. 7:9B-1.4, and any portion of proposed solar energy generation facility. Category One waters include, and may not be limited to, the Metedeconk River and the Manasquan Reservoir.
(c) Solar energy generation facilities shall be screened from the public traveled way (public roads, trails, navigable waterways, scenic highways and by ways), publicly owned properties, open space, preserved farmland and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places.
[1] Installations shall be sited behind existing vegetation, which shall be supplemented with landscaping to shield the installation from public view.
[2] To the extent achievable, solar energy facilities shall be sited using the natural topography to screen the energy project from public view and the view of any adjoining residences.
[3] Decommissioning plan. All applications for a solar energy generation facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of solar energy systems. The decommissioning plan shall be submitted in accordance with the requirements of this Subsection B(5)(c)[3]. Prior to removal of solar energy systems, a demolition permit for removal activities shall be obtained from the Howell Township construction official. Prior to issuance of a demolition permit, the owner or operator of the facility shall post a performance bond, cash or letter of credit to ensure removal of the facility or systems in accordance with the decommissioning plan. Removal of solar energy systems shall be conducted by an electrician licensed in the State of New Jersey.
[a] Solar and photovoltaic energy facilities and structures (roof or ground) which have not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal in accordance with a decommissioning plan.
[b] If the applicant ceases operation of the energy project for one year; or begins, but does not complete, construction of the project within 180 days of receipt of final site plan approval, the applicant shall restore the site according to a decommissioning plan prepared by the applicant and approved by the Board. The applicant shall submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without significant delay, including but not limited to the following:
[i] Removal of aboveground and underground equipment, structures and foundations to a depth of at least three feet below grade. Underground equipment, structures and foundations need not be removed if they are at least three feet below grade and do not constitute a hazard or interfere with agricultural use or other resource uses of the land. The plan shall describe the means by which all equipment and components of the system(s) shall be disposed of in an environmentally responsible manner and in accordance with prevailing federal, state and/or local regulations.
[ii] Restoration of the surface grade and soil after removal of aboveground structures and equipment.
[iii] Restoration of surface grade and soil.
[iv] Revegetation of restored soil areas with native seed mixes and plant species suitable to the area, which shall not include any invasive species. In farmland areas, the revegetation component of the decommissioning plan should include provisions to resume agricultural use of the site.
[v] The plan may provide for the retention of access roads, fences, gates or buildings in place or regarding restoration of agricultural crops or forest resource land.
[vi] The plan must provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration.
[vii] The plan must include a schedule for completion of site restoration work.
[c] A cost estimate shall be provided for the cost of fully implementing the decommissioning plan prior to the issuance of a demolition permit. The cost estimate shall be subject to review and approval by the Township Engineer.
[d] Before beginning any decommissioning activities, the applicant must submit a performance bond, cash or letter of credit in a form and amount satisfactory to the Township Attorney, which shall be based upon an estimate approved by the Board Engineer, assuring the availability of adequate funds to restore the site to a useful, nonhazardous condition in accordance with the decommissioning plan.
[e] Upon cessation of activity for a cumulative period of 180 days of construction or installation activities of an approved solar energy system, the Township may notify the owner and/or the operator of the facility to complete construction and installation of the facility. If the owner and/or operator fails to complete construction and installation activities within 180 additional days, the Township may order the owner and/or operator of the facility to implement the decommissioning plan. Within six months of notice being served, the owner and/or operator shall substantially complete all activities in the decommissioning plan.
[f] Upon cessation of activity of a fully constructed solar energy system for a cumulative period of one year, the Township may notify the owner and/or the operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator shall either resume energy generation to at least eighty-percent capacity of the facility or system as established at the time of approval, or fully implement the decommissioning plan. If, within 180 days of receipt of notice, the owner and/or operator of the facility or system fail to resume energy generation to at least 80% of capacity of the facility or system as established at the time of approval, the Township may order the owner and/or operator of the facility to implement the decommissioning plan.
[g] If the operator fails to fully implement the decommissioning plan subject to the procedures and timeliness set forth in Subsection B(5)(c)[3][e] and [f] above, or is otherwise unable to restore the site as required within 180 days of the Township's service of notice in accordance with this Subsection B(5)(c)[3], the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may in accordance with the law recover all expenses incurred for such activities.
(3) Accessory uses:
(a) Accessory uses customarily incidental and ancillary to a permitted use.
(b) Outdoor storage shall be permitted in a screened rear yard only. No outdoor storage shall be permitted in association with a multipurpose recreation and sports complex.
(c) Retail use shall be permitted as an accessory use to a permitted warehousing/distribution facility, provided the percent of floor area devoted to retail use shall be limited to 1,000 square feet or 5% of the gross floor area, whichever is less. [Amended 11-1-2011 by Ord. No. 0-11-42]
(4) Conditional uses:
(a) Telecommunications facilities.
(b) Commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops. [Added 12-15-2009 by Ord. No. O-09-59]
(5) Prohibited uses: [Added 5-24-2011 by Ord. No. 0-11-13]
(a) Sexually oriented business as defined in § 188-4.
(b) Tattoo, body piercing or branding establishments.
(6) Multitenant structures in the SED Zone. All structures shall be devoted to a single user; provided, however, that in buildings with a gross floor area in excess of 40,000 square feet, multiple tenants shall be permitted, provided that the minimum tenant space shall not be less than 5,000 square feet.
[Added 3-19-2013 by Ord. No. 0-13-06]
A. Applicability. The Special Economic Development Zone-1 shall be applied to Block 157, Lots 1 through 5. 5.01 and 7, which is shown on the official Tax Map of the Township. The Official Zoning Map of the Township of Howell is hereby amended in accordance with the foregoing and is incorporated by reference.
B. Permitted uses.
(1) Principal uses:
(a) All the principal uses as per §§ 188-79B(1) and 188-69.1B(1).
(b) Active and passive recreation uses.
(2) Accessory uses:
(a) All the accessory uses as per §§ 188-79B(3) and 188-69.1B(2).
(3) Conditional uses:
(a) All the conditional uses as per §§ 188-79B(4) and 188-69.1B(3).
(4) Multitenanted structures in the SED Zone:
(a) All the multitenanted structures uses as per § 188-79B(6).
A. Purpose. The purpose of the MHP Zone is to provide a reasonable opportunity for the construction, maintenance and operation of a mobile home park as herein defined. The MHP Zone shall include the following lands in the Township of Howell:
B. Definitions. As used in this section, the following terms shall have the meanings indicated:
MOBILE HOME A factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit for one or more persons or family unit(s) and with or without a permanent foundation, when located in a licensed mobile home park.
MOBILE HOME ACCESSORY BUILDING OR STRUCTURE Any awning, cabana, ramada, storage cabinet, shed, carport, or porch established by and for the use of the occupant of the mobile home.
MOBILE HOME PARK Any lot or contiguous parcel of land and premises where the owner, lessee, or other person having control thereof shall offer sites for mobile homes and trailers on a rental or lease or other basis, and shall include any building, structure, vehicles or enclosure used or intended for use as part of the equipment of such mobile home park.
MOBILE HOME SPACE A designated portion, lot or site within a mobile home park designed for the accommodation of one mobile home or trailer and its accessory buildings or structures for the exclusive use of its occupants for living and dwelling purposes.
TRAILER A vehicular unit mounted on wheels designed to provide living quarters. "Trailer" shall not, for the purposes of this section, mean a vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping, or travel use of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and with a living area of less than 220 square feet, excluding built-in equipment and bathrooms.
C. Resolution of conflicting provisions. Notwithstanding the provisions of any other ordinance to the contrary, the provisions of this section shall apply to development within the MHP Zone.
D. Principal uses.
(1) In the Mobile Home Park Residential (MHP) Zone, lots shall be used and structures shall be permitted for the purposes and in the manner hereinafter set forth:
(a) Mobile home parks.
(b) Agricultural and horticultural uses utilizing the standards permitted in the ARE-1 Zone.
(2) Permitted accessory uses:
(a) Buildings for purposes of sales, lease or rental of mobile home spaces, mobile homes, trailers, related and/or accessory equipment and supplies including vending facilities for same.
(b) Offices for the administrative and operation of the mobile home park.
(c) Laundry facilities.
(d) Recreation facilities and community centers.
(e) Garage and storage facilities.
(f) Parking areas.
(g) Utility facilities required to provide services such as transformers, water storage facilities and pumping stations.
(h) Garbage collection areas.
(i) Barns, silos, stalls and other farm buildings.
(j) Patios, porches, tennis courts and swimming pools with single-family homes.
E. Design standards.
(1) Minimum lot area: 20 acres.
(2) Minimum mobile home space area: 1,925 square feet.
(3) Minimum mobile home space dimensions:
(a) Width at street: 35 feet.
(b) Each space shall contain a thirty-foot by fifty-foot rectangle.
(4) Maximum number of mobile home spaces: one per 3,500 square feet of lot area. Lot area used in this calculation shall be reduced by:
(a) The area of ground coverage of any building or structures.
(b) The portions of the site which are within the one-hundred-year flood-prone area or areas which are classified as inland wetlands areas.
(5) Clearance between mobile homes: 20 feet.
(6) Minimum setback of mobile homes:
(a) From exterior boundaries of the park: 20 feet.
(b) From building within the park: 20 feet.
(c) From any existing dwelling outside the park: 100 feet.
(7) Minimum parking standards:
(a) Parking spaces per mobile home space: 1.5.
(b) Parking space dimensions:
[1] On street: eight feet by 23 feet.
[2] Off street: nine feet by 18 feet.
(8) Mobile home spaces shall face or abut a driveway of not less than 40 feet in width when parking is permitted on both sides, 34 feet when parking is permitted on one side or 30 feet when parking is prohibited on both sides, giving easy access from all mobile homes or trailers to a public street.
(9) For every mobile home space, adequate concrete foundations sufficient to support mobile homes or trailers will be provided.
(10) Each mobile home space shall be identified with a number on a permanent marker plainly visible from the driveways within the park. Numbering of spaces shall be done in a consistent and logical manner to facilitate postal delivery, fire, ambulance and police access.
(11) An adequate supply of pure water for drinking and domestic purposes shall be provided by pipes to all buildings and mobile home spaces within the park and all installations shall meet the requirements of controlling codes and approved by the Township Engineer. Each mobile home space shall be provided with a cold water tap at least four inches above the ground and all pipes leading from the water supply source to said tap shall be installed below ground-frost level. Any service buildings shall provide an adequate supply of hot water for all necessary purposes.
(12) Play space or spaces for children and/or open spaces shall be provided in the park. The total area of such play space or play spaces and/or open spaces shall be not less than 200 square feet for each mobile home space. Such play space shall not be located within a flood-prone area or inland wetlands areas.
(13) Laundry facilities within a park must provide at least one automatic washer for each 25 spaces or any fraction thereof, based on the total capacity according to approved plans of said park. Service buildings housing laundry facilities shall be a permanent structure complying with all applicable ordinances and statutes regulating building, electrical installations and plumbing and sanitation systems. Floors shall be of concrete, tile or similar material impervious to water and easily cleaned and pitched to a floor drain. The laundry facility shall contain a utility sink, and the disposal of wastewater from washers and utility sinks shall discharge into public sewers.
(14) Sewage and refuse disposal. Waste from sinks, showers, bathtubs, toilets, utility sinks and laundries shall be discharged into a sanitary sewer system.
(15) In no case shall any waste and excess water be thrown or discharged upon the surface of the ground or disposed of by means other than herein provided.
(16) An adequate means of refuse collection must be provided.
(17) Walkways along roadways, which shall include the area of the sidewalk plus the width of the curb, shall be not less than three feet wide (combined) and shall be comprised of either concrete or asphalt. Such walkways shall be well lighted as set forth in Subsection E(18) hereinafter. Curb and sidewalk combinations shall be not less than three feet in width along individual driveways. Such walkways shall be equipped with proper lighting for safety.
(18) Lighting for driveways and walkways within the park shall provide for lights focused downward, translucent fixtures and shielding, or such other light orientation and shielding so as to minimize light spillage into the residential areas of the park. The light intensity provided at ground level shall be of a minimum of 0.3 footcandle over the entire area of the driveways and walkways. No light source shall exceed a height of 15 feet. The interval between light sources shall not be greater than 150 feet. For each light fixture the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light emitted from the light source. No light shall shine directly into windows or onto streets and driveways in such a manner as to create a nuisance or interfere with or distract driver vision.
(19) General, design and improvement standards as set forth in Article XII for site plans shall apply where they are not in conflict with or superseded by these standards.
F. Special provisions for Block 138, Lots 40, 41 and 45 (formerly known as Site 4). [Added 11-15-2004 by Ord. No. 0-04-63]
(1) The requirements of this existing zone are modified for this specific property to permit a density of 300 mobile home park units with 35 moderate-income units established under the regulations of COAH. Only the rentals for the 35 pads are subject to the affordability controls. The mobile homes are not subject to price or resale controls. The initial price and any subsequent increase of pad rental shall be established in accordance with N.J.A.C. 5:92-12.4 and 12.5, except that the transferees of Howell Residential Court who presently are entitled to a rent abatement until January 1, 1991, pursuant to the consent order dated February 13, 1986, in the Township of Howell v. Howell Residential Court, Docket No. C-5208-83E shall, as of January 1, 1991, have their rent adjusted as an initial rent being set in 1991 to a level not higher than that permitted under the cited COAH regulations herein. The affordability controls for the 35 trailer pads shall be in effect for 20 years pursuant to N.J.S.A. 5:92 - Subchapter XII and all amendments.
(2) Notwithstanding the foregoing, the monthly rental cost of the mobile home pad and any outstanding amortization of the mobile home loan in total shall not exceed 30% of the appropriate moderate-income housing size as related to the number of bedrooms, pursuant to N.J.S.A. 5:92-12.4, initial pricing.
