Article III: Accessory Buildings and Miscellaneous Structures.
§ 188-10 Signs.

Signs shall conform to the requirements of Chapter 256, Signs, of the Code of the Township of Howell.

§ 188-11 Accessory buildings.

A. Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building. No building permit shall be issued for an accessory building prior to the issuance of a building permit for the principal building, and construction of the principal building shall precede or coincide with the construction of the accessory building, otherwise the building permit for the accessory building may be revoked. Standby generator systems that do not meet the set requirements within the residential zoning district in which the principal structure is situated shall comply with the standards set forth in § 188-19. All standby generator systems shall require land use approval prior to installation. [Amended 11-1-2011 by Ord. No. 0-11-38]

B. No accessory structure, with the exception of flag poles, light or signposts, walks, driveways, patios at ground level, mail boxes and septic tanks, shall be erected within any front yard.

§ 188-12 Fences and walls.

A. Fences and walls shall not be located in any required sight triangle and shall not be higher than four feet unless set back from the street line the minimum setback required for the zone, except that there shall be no height limitations other than the maintenance of a clear sight triangle on living fences, fences around agricultural uses, and fences around utility and industrial uses. Fences and walls shall not exceed six feet in height when located more than the required setback from the street line in a residential zone nor more than eight feet in height when located more than the required setback from the street line in a business zone. Fences and walls located in the required setback area shall have open space for light and air representing at least 50% of the fence area.

B. Any fences and walls built prior to the date of this section, which do not conform to the provisions set forth above in Subsection A regarding setback and/or which are in the Township right-of-way, shall be permitted only if the property owner is able to produce a valid Township permit for its placement and construction. If the property owner is unable to produce a valid permit for the fence or wall in the Township right-of-way, he or she shall be required to relocate the same at his or her own cost and expense. In the event a fence in the Township right-of-way needs to be moved/removed for a road widening project or other similar activity, the fence shall be removed and/or relocated at the property owner's expense. Mail boxes, telephone poles and other public utilities are specifically excluded from this section. Any land which is to be dedicated to the Township shall be free and clear of any obstructions in the right-of-way prior to its dedication.

§ 188-13 Height.

A. Mechanical equipment and chimneys and structures which house or enclose such accessory features may be constructed above the maximum height in any district subject, however, to the following:

(1) Notwithstanding any other provisions of this chapter, the minimum setback from the nearest property line of the premises upon which such structure is located shall be the height of the structure itself.

(2) Any such structure shall comply with all other rules, ordinances, codes and laws pertaining to same.

B. Freestanding noncommercial accessories. Water towers, radio and television antennas, windmills and flag poles which are erected as freestanding structures may be erected to a height which can be demonstrated to the Planning Board is necessary to accomplish their intended function. Such structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provision of the New Jersey Uniform Construction Code and the following:

(1) Private radio or television antenna structures in residential zones shall not be erected nearer to the lot line than the total height of the antenna structure, nor shall such structure be installed near electric power lines or encroach upon any street or other public place. Such a structure not exceeding 12 feet in height may be erected and maintained on the roof of any building.

(2) Federally licensed amateur radio facilities shall be subject to Federal Communications Commission rules (47 CFR, Part 97) which governs antennas. Amateur radio operators shall submit a copy of their current FCC operator license and documentation of the required antenna height and construction details for any antenna or tower in excess of that permitted for private radio or television antenna structures in Subsection B(1) above. Such antennas or structures shall comply with New Jersey Uniform Construction Code structural design requirements for safety and shall not be located within any required front, side or rear yard setback areas. The height of the tower or antenna shall conform with U.S. Federal Communications regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (FAA) notification and FCC approval. Such structure shall not be utilized to support lights or signs other than those required for aircraft warning in accordance with Federal Aviation Administration regulations or other required safety purposes.

(3) Personal earth terminals as defined in § 188-4 shall be subject to the following:

(a) A personal earth terminal may only be located in the rear of any principal structure, shall not be closer to any property line than the height of the antenna and may not be located in a buffer area.

(b) A personal earth terminal shall not violate the yard setback requirements applicable to accessory structures within the particular zone district as set forth in this chapter.

(c) A personal earth terminal may be erected only on the ground or on a platform mat not exceeding one foot in height in a secure fashion.

(d) The height of a personal earth terminal shall not exceed 12 feet.

(e) All wiring or connecting cables between a personal earth terminal and the principal building shall be buried underground.

(f) A personal earth terminal shall be so located and shall be effectively screened from view by natural plants, trees or other suitable sight barriers, which shall be maintained in good condition in order to minimize visibility of the earth terminal from any adjacent property or public street as approved by the Planning Board.

(g) Only one personal earth terminal shall be permitted on any property.

(h) A personal earth terminal may only be erected on a lot containing a principal structure and may only be used by residents of the principal building on the property in question. Any connection, by cable or otherwise, to adjacent properties shall constitute a violation of yard and setback requirements.

(4) Notwithstanding any other provision of this chapter, the minimum horizontal distance between a water tower and any school, park or playground within the Township shall be not less than 1,500 feet.

§ 188-14 Swimming pools.

No private residential pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be an accessory to the residence and shall be set back a minimum of 10 feet from any property line. This ten-foot setback should be measured from the waterline unless a sidewalk or a deck is installed adjacent to the pool, then the ten-foot setback should be measured from the furthest outside edge of the sidewalk or deck away from the waterline. All pool equipment shall be set back at least 10 feet from any property line.

§ 188-15 Decks.

A.deck constructed on a lot under 10,000 square feet shall have a rear yard setback of 10 feet. A deck constructed on a lot of 10,000 square feet or over shall have a rear yard setback of 15 feet.

§ 188-16 Sewage pumping station.

A. Sewage pumping stations may be constructed in all zones so long as the exterior wall of the structure containing the sewage pumping equipment and/or any appurtenant equipment and/or structures which could create noise or odors shall be a minimum of 100 feet from adjacent property side and/or rear setback lines. Sewage pumping stations located in front yards of lots shall be constructed below ground wherever feasible, or if above ground, contained in such minimum size structures as may be aesthetically compatible with the surrounding area in which they are located, and shall be constructed to minimize any emanation of noise and/or odors off of the property on which they are constructed.

B. This subsection shall not affect the present location of any sewage pumping station that is existing or for which site plan approval or capital improvement project review and recommendations has heretofore been granted or made. Any substantial enlargement or substantial alteration to an existing sewage pumping station for which site plan approval has previously been granted, or capital improvement project review and recommendations have been made, the result of which would cause the sewer pumping station to be within 100 feet from an adjacent property rear and/or side yard setback line, shall be constructed in such manner as to minimize any further reduction of the distance between the sewage pumping station and the adjacent property rear and/or side setback line.

C. Any sewage pumping station to be constructed, enlarged or substantially altered shall be buffered along all lot lines separating the sewage pumping station from adjacent residential uses or properties which are zoned for the future construction of residences. The buffer shall be designed, graded, planted, landscaped, screened and developed, including the construction of a berm, if required, so as to obscure the activities of the sewage pumping station on site from view to the adjoining property and to minimize the transmittal of any noise and/or odors to the adjoining property.

§ 188-17 Recreational improvements.

[Added 2-19-2002 by Ord. No. 0-02-2]

Any site with recreational improvements which comes before the Planning Board or Zoning Board shall be referred to the Recreation Director for review and comment prior to the Board taking any action on the project.