Township of Manalapan, NJ DEVELOPMENT REGULATIONS

The purpose of this chapter is to exercise the authority delegated to municipalities under N.J.S.A. 40:55D-1 et seq. to regulate development and to promote good planning practice. The chapter intent is:

A. To guide the appropriate use or development of all lands in the Township, in a manner which will promote the public health, safety, morals, and general welfare;

B. To secure safety from fire, flood, panic and other natural and man-made disasters;

C. To provide adequate light, air and open space;

D. To ensure that the development of the Township does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole;

E. To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;

F. To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;

G. To provide sufficient space in appropriate locations for a variety of residential, recreational, commercial 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;

H. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;

I. To promote a desirable visual environment through creative development techniques and good civic design and arrangements;

J. To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;

K. To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;

L. To promote utilization of renewable energy sources;

M. To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste;

N. To encourage senior citizen community housing construction;

O. To encourage planned developments which incorporate the best features of design and relate the type, design, and layout of residential, commercial, industrial, and recreational development of the particular site.

§ 95-2 ARTICLE II: Definitions.

§ 95-2.1 Purpose.

Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meaning herein indicated.

§ 95-2.2 Other applicable definitions.

Wherever a term is defined in N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law, and/or in N.J.S.A. 52:27D-119 et seq., the Uniform Construction Code, and used in this article, such term is intended to include and have the meaning set forth in the definition of such term found in said statute and code in addition to the definition for such term which may be included in this article, unless the context clearly indicates a different meaning.

§ 95-2.3 Intent of certain terms and words.

For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:

A. Word usage.

(1) Words used in the present tense include the future;

(2) The singular number includes the plural and the plural, the singular.

(3) The word "lot" includes the word "plot."

(4) The word building includes the word "structure."

(5) The word "zone" includes the word "district."

(6) The word "occupied" includes the phrase "intended to be occupied."

(7) The word "shall" is mandatory and not directory.

(8) The word "may" indicates a permissive action.

(9) The word "abut" shall include the words "directly across from," "adjacent" and "next to."

(10) The word "used" shall includes "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used.

(11) The term "such as," where used herein, shall be considered as introducing typical or illustrative, rather than an entirely exclusive or inclusive, designation of, permitted or prohibited uses, activities, establishments or structures.

B. Words or word groups which are not defined below shall have the meaning set forth in the Municipal Land Use Law or the Uniform Construction Code or as given in Webster's Unabridged Dictionary.

§ 95-2.4 Definitions.

[Amended by Ord. No. 95-14; Ord. No. Ord. No. 95-29; Ord. No. 96-19; Ord. No. 97-13; Ord. No. 97-19; Ord. No. 98-03; Ord. No. 98-26; Ord. No. 98-32]

Certain words, phrases, and terms in this chapter are defined for the purpose herein as follows:

ACCESSORY BUILDING, STRUCTURE OR USE: A subordinate building, structure or use, the purpose of which is incidental to that of a main building, structure or use on the same lot.

ADMINISTRATIVE OFFICER: The Clerk of the Planning Board, unless a different municipal official or officials is intended or designated by ordinance or statute. In the absence of the Planning Board Clerk, the term shall mean the Township Clerk.

ADT (AVERAGE DAILY TRAFFIC): The average number of cars per day that pass over a given point.

ADULT BOOKSTORE: An establishment devoted to sale, rental, or distribution of pornographic books, magazines, pamphlets, photographs, motion pictures, phonograph records and video and audio tapes devoted to the presentation, and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality, and other obscene subjects, etc., used in connection with the aforementioned purposes. Editor's Note: See Ch. 48, Adult Bookstores and Entertainment.

ADULT DAY-CARE FACILITY: A day-care facility for adults licensed by the State of New Jersey Department of Health and Senior Services.
[Added 12-19-2012 by Ord. No. 2012-18]

AGGRESSIVE SOILS: Soils which may be corrosive to corrugated metal, concrete, asbestos cement, cast-iron and ductile iron pipe. These soils represent approximately 5% of the soils found within the United States and include dump areas, swamps, marshes, alkaline soils, cinder beds, polluted river bottoms, etc., which are considered to be potentially corrosive.

AIRPORT: Any area of land or water or both, designed and set aside for the landing and taking off of fixed wing aircraft, utilized or to be utilized by the public for such purposes, publicly or privately owned and licensed by the New Jersey Commissioner of Transportation as a public use airport or landing strip, or a proposed facility for which an application has been submitted in complete form pursuant to N.J.A.C. 16:54-1.4 and which has been determined by the Commissioner as likely to be so licensed within one year of such determination. "Airport" shall not mean any facility which is owned and operated by the Port Authority of New York and New Jersey or which is located within the Port of New York District as defined in N.J.S.A. 32:1-3.

AIRPORT HAZARD

A. Any use of land or water, or both, which creates a dangerous condition for persons or property in or about an airport, or

B. Any structure or tree which obstructs the airspace required for the height of aircraft in landing or taking off at an airport.

AIRPORT SAFETY ZONE: Any area of land or water, or both upon which an airport hazard might be created or established if not prevented as provided in the Air Safety and Zoning Act of 1983.

AISLE: The traveled way by which cars enter and depart parking spaces.

ALLEY: A public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

ALTERATIONS: As applied to a building or structure, a change or rearrangement in the structural supports; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another on the same property; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.

ALTERNATIVE TOWER STRUCTURE: Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

AMUSEMENT ARCADE: Any place of business containing more than three amusement devices.

AMUSEMENT DEVICE: Any machine, contrivance, or device, which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice, or other openings, or by the payment of any price, is operated or may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score, and shall include other types of electronically operated game devices, skillball, mechanical games operations or transactions similar thereto, by whatever name they may be called and shall not include pool or billiard tables. Editor's Note: See Ch. 58, Amusement Devices.

ANTENNA: Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Editor's Note: See Ch. 64, Antennas.

APARTMENT: A dwelling unit in a multifamily building.

APPLICANT: A developer submitting an application for development or for a permit required in accordance with this chapter.

APPLICATION FOR DEVELOPMENT: The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

APPROVING AUTHORITY: The Municipal Planning Board unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within the community subject to a one-percent or greater chance of flooding in any given year.

ART GALLERY: A building or portion thereof, in which sculpture, paintings, or other artistic work is displayed but not for sale.

ARTISAN/CRAFT PRODUCT MANUFACTURING: A facility manufacturing and/or assembling small products primarily by hand such as jewelry, pottery, and other ceramics as well as small glass, metal art and craft products. This use may include an area for the retail sale of the items crafted on site.
[Added 12-19-2012 by Ord. No. 2012-18]

ASCE: American Society of Civil Engineers.

ASTM: American Society for Testing Materials.

ATTIC, HABITABLE: An attic which has an approved stairway as a means of access and egress and in which the ceiling area at a minimum height of 7 1/3 feet above the attic floor is not more than 1/3 the area of the next floor below.

AUCTION MARKET: Any premises on which are held at periodic times, auction or flea market sales of merchandise or any other personal property.

AUTOMOTIVE REPAIR GARAGE: The same as motor vehicle repair garage.

AUTOMOBILE REPAIR SHOP: The same as motor vehicle repair garage.

AUTOMOBILE SALES AGENCY: A place of business where the primary purpose is the sale of new and used motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities with or without outside sales on the same business premises or immediately adjacent thereto.

AUTOMOBILE SERVICE STATION: The same as motor vehicle service station.

AUTOMOBILE WRECKING: Any area and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.

AWWA: American Water Works Association.

BACKHAUL NETWORK: The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

BARRIER CURB: A steep-faced curb intended to prevent encroachments.

BASEMENT: A story partly underground and having more than 1/2 of its cubic volume above the average level of the finished grade. A basement shall be considered a story for the purpose of determining the number of stories.

BEDROOM: A room or portion of a structure with the principal function of serving as sleeping quarters.

BELGIAN BLOCK CURB: A type of solid granite paving stone generally cut in a three dimensional rectangular shape, laid with the base of the rectangle down in a bedding of 4,500 psi air-entrained concrete.

BERM: A mound of soil, either natural or man-made used as a view obstruction.

BICYCLE-COMPATIBLE ROADWAY: A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.

BICYCLE LANE: A lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.

BICYCLE PATH: A pathway usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.

BIKEWAY: A pathway designed to be used by bikers.

BILLBOARD: A structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the sign is located.

BLOCK: The length of a street between two street intersections.

BLOWOFFS: A valved outlet in a pipe through which water or sediment can be discharged.

BOARD OF ADJUSTMENT: The Board established pursuant to N.J.S.A. 40:55D-69 and this chapter. The term "Board of Adjustment" as used in this chapter also means the Planning Board when it is acting pursuant to N.J.S.A. 40:55D-60.

BOARD OF ADJUSTMENT ENGINEER: The licensed New Jersey professional engineer specifically retained by the Board of Adjustment (or assigned by the Municipal Engineer with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of the Board of Adjustment Engineer, the Municipal Engineer may assume the duties of the office.

BOARDING OR LODGING HOUSE: Any dwelling in which more than three persons unrelated by family are housed or lodged for hire, with or without meals.

BUFFER: An open space area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.

BUILDABLE AREA: That central portion of any lot between required yards and/or setback lines.

BUILDING: A combination of materials to form a construction, having a roof and adapted to permanent, temporary, or continuous occupancy.

BUILDING AREA: The total of areas determined from outside dimensions on a horizontal plane at ground level of all enclosed and roofed spaces of the principal building and all accessory buildings.

BUILDING COVERAGE: The area of a tract covered by buildings and roofed areas. Building coverage is expressed as a percentage of the total lot area. For residential dwellings only, a screened porch may be omitted as building coverage.

BUILDING, COMMUNITY: A building for community service such as emergency medical or fire protection or for civic, social, educational, cultural or recreational activities of a neighborhood or community not operated primarily for monetary gain.

BUILDING HEIGHT: The vertical dimension measured to the highest point of a building (subject to the exceptions in § 95-7.12) from the proposed average lot grade immediately adjacent to the building wall as shown on the grading plan of a site plan application, subdivision application, or variance application that has been approved by the appropriate municipal agency (Township Planning Board or Township Zoning Board of Adjustment) or plot plan submitted for a building permit. Such finished grade shall meet the requirements of § 95-8.3 and shall not include mounding, terracing, or other devices designed to allow increased building height. When a rear walk-out basement is proposed conforming to § 95-8.3C(4), the proposed lot grade immediately adjacent to the rear building wall shall not be included in the calculation used to determine average lot grade.
[Amended 12-19-2007 by Ord. No. 07-30]

BUILDING LINE (SETBACK LINE): The line beyond which a building shall not extend unless otherwise provided in this chapter.

BUILDING MATERIALS: Materials that can be arranged, united, or joined to support, frame, enclose, sheath, or be otherwise fashioned into a building or structure. Such materials include, but are not limited to, rough or dressed lumber, millwork, roofing, shingles, wallboard, molding, plywood, sheetrock, bricks, doors, windows, paneling, or concrete block.

BUILDING PERMIT: A permit used for the alteration or erection of a building or structure in accordance with the provisions of the Uniform Construction Code. Editor's Note: See Ch. 88, Construction Codes, Uniform.

BUILDING, PRINCIPAL: A structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.

BULK STORAGE: The stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including, but not limited to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation, agricultural and horticultural supplies and products.

BUSINESS OFFICE: A business establishment which does not offer a product or merchandise for sale to the public, but offers or provides a service, primarily administrative or clerical in nature. Business offices are all those offices which are not professional or medical offices and includes but is not limited to the following:

A. Insurance companies.

B. Trade associations.

C. Real estate companies.

D. Investment brokerage houses.

E. Banks and trust companies.

F. Advertising or public relations agencies.

G. Computer and data processing.

H. Management and consulting services.

I. Adjustment and collecting services.

J. Consumer credit reporting agencies.

BUSINESS SUPPORT SERVICES: An establishment that provides services as a principal use to other businesses such as blueprinting, copying, and quick printing services; computer-related services; and repair services for computers, electronics, and similar types of office business equipment.
[Added 12-19-2012 by Ord. No. 2012-18]

CABLE TELEVISION COMPANY: A cable television company as defined pursuant to Section 3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).

CALIPER: The diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter and measured 12 inches above ground level for trees over four inches in diameter.

CAPITAL IMPROVEMENTS PROGRAM: A proposed schedule of all future Township sponsored projects listed in order of construction priority, together with cost estimates and the anticipated means of financing each project.

CAPITAL IMPROVEMENT: A governmental acquisition of real property or major construction project.

CAPPED SYSTEM: A completed potable water supply and/or sewerage system put in place for future use, rather than to meet immediate development needs.

CARPORT: A covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.

CARTWAY: The actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved, or hard surface, width.

CAR WASH: A facility for the washing and cleaning of automobiles and other motor vehicles using production line methods with a conveyor, blower and other mechanical devices and/or providing space, material and equipment to individuals for self-service washing and cleaning of automobiles.

CELLAR: A story wholly or partly underground and having less than 1/2 of its cubic volume above the average level of the adjoining ground. A cellar shall not be considered a story for the purpose of determining the number of stories.

CENTER-LINE OFFSET OF ADJACENT INTERSECTIONS: The gap between the center line of roads adjoining a common road from opposite or same sides.

CERTIFICATE OF COMPLETENESS: A certificate issued by the Administrative Officer after all required submissions have been made in proper form, certifying that an application for development is complete.

CERTIFICATE OF NONCONFORMANCE: A document issued by the Zoning Officer for a nonconforming use or structure existing at the time of passage of the zoning ordinance or any amendment thereto which, pursuant to N.J.S.A. 40:55-48, may be continued upon the lot or in the building so occupied. Such certificate may be obtained at the owner's request upon any change of ownership for nonconforming use, structure or lot.

CERTIFICATE OF OCCUPANCY: A certificate issued upon completion of construction and/or alteration of any building; or change in use of any building; or change in occupancy of a nonresidential building. The certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Board of Adjustment or Planning Board and/or all other applicable requirements.

CHANGE IN USE

A. Any increase in the number of dwelling units.

B. Any change from a residential use to any nonresidential use.

C. Any change from one nonresidential use to another nonresidential use, except that where there is a change in occupancy, or change of ownership only, no change in use will have occurred.

D. Any change from a nonresidential use to a nonresidential use of higher intensity.

E. Any change in use from any existing or permitted use to any conditional use.

CHANNEL: A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.

CHANNELIZATION: The straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.

CHILD-CARE CENTER: A facility which provides care for children, licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).

CHURCH: See "place of worship."

CIRCULATION: Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highway, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

CLUBHOUSE: A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.

COMMERCIAL HOG FARM: A farm with over 25 hogs.

COMMERCIAL PARKING FACILITY: The same as "parking area, public.: Also see "garage," "public and vertical parking garage."

COMMERCIAL SHOPPING CENTER: An integrated development planned, constructed, and operated as a single unit, consisting of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, and auditoriums, housed in an enclosed building or buildings and utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities, and sanitary facilities.

COMMON DEVELOPMENT LINE: A line within a tract or lot which designates the extent of a proposed development or improvements, separate developments within a single tract, or separate stages of development within the tract. Proposed improvements within a tract or site plan shall be shown for the entire tract, on both sides of any common development line.

COMMON LATERAL: A lateral serving more than one unit.

COMMON OPEN SPACE: An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED: Any community residential facility housing up to 16 developmentally disabled persons which provides food, shelter, and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the Health Care Facilities Planning Act, P.L. 1977, c. 136 (N.J.S.A. 26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hotels.

COMPLETE APPLICATION: An application for development which complies in all respects with the appropriate submission requirements set forth in this chapter, including an application form and fees and escrows completed as specified by this chapter and the rules and regulations of the municipal agency, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in this chapter, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of the municipal agency, and shall be deemed complete as of the day it is so certified by the Administrative Officer for purposes of the commencement of the time period for action by the municipal agency.

CONCEPT PLAN: A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

CONDITIONAL USE: A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization thereof by the Planning Board and/or Board of Adjustment to N.J.S.A. 40:55D-70d.

CONDOMINIUM: An ownership arrangement, not a land use; therefore, it is allowed in any zone and under the same restrictions as the residential land uses that it comprises. A condominium shall not negate lot nor other requirements intended to provide adequate light, air, and privacy. A condominium is a dwelling unit which has all of the following characteristics:

A. The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.

B. The unit may be any permitted dwelling type.

C. All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads, or other development features as specified in this chapter.

CONSERVATION EASEMENT: An easement to protect and conserve natural resources, landmarks, or other significant site features, including, but not limited to, wetlands, stream corridors, specimen trees, and steep slopes. The easement must be approved by the appropriate municipal agency and incorporated into the deed for the parcel containing the easement. Provisions for the maintenance and/or dedication of an approved conservation easement shall be determined at the time of approval.

CONVENTION CENTER: A use which shall contain at least 150 sleeping rooms, each having its own bathroom but no cooking facilities. Such use shall also contain meeting rooms, office and temporary office space and restaurants, and further provided that in no event shall such supporting uses (restaurants, office space, banquet facilities and meeting rooms) be less than 1/3 of the total floor area of the structure of structures comprising convention center use.

CONVENTIONAL DEVELOPMENT: Development other than planned development as defined herein.

CORPORATION STOP: A valve which is placed in a building's water or gas service pipe outside of the cartway near its junction with the public water or gas main. It is also known as a corporation cock.

COUNTRY CLUB: A facility for golf, tennis and related recreational uses which may include a club house, restaurant, lounge, bar and incidental lodging for members or guests.

COUNTY MASTER PLAN: A composite of the comprehensive plan or master plan for the physical development of Monmouth County with the accompanying maps, plats, charts, and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

COUNTY PLANNING BOARD: The Planning Board of the County of Monmouth as defined in N.J.S.A. 40:27-6.1.

COURT OR COURTYARD: An unoccupied open space on the same lot with a building, which is bounded on three or more sides by building walls.

COURT HOMES: A single family dwelling unit attached to other court homes only by garages, lanais, trellises, or fences all of which are grouped around a central motor court serving not more than five such units.

COVERAGE: The same as lot coverage.

CRITICAL AREA: Site features or characteristics having limited suitability for development or disturbance. The following shall be considered critical areas: floodways; areas of special flood hazard; wetlands and their required transition areas; slope areas where the inclination of the lands surface from the horizontal is 15% or greater over a ten-foot interval; and stream corridors.

CULVERT: A structure designed to convey a water course not incorporated in a closed drainage system under a road or pedestrian walk.

CUL-DE-SAC: A local street with only one outlet and having the other end for the reversal of traffic movement using a right hand tangent circular cartway.

CURB: A vertical or sloping edge of a roadway. See also "Belgian block curb," "barrier curb," and "mountable curb."

CURB LEVEL: The officially established grade of the curb in front of the midpoint of the front lot line.

CUSHION: Supportive or protective bedding materials placed underneath piping.

DATA CENTER: A facility intended to house data and communication equipment such as servers for computers and data processing, off-site redundant data storage for corporations, and Internet service firms.
[Added 9-12-2012 by Ord. No. 2012-11]

DAY(S): Calendar day(s).

DAY CAMP: A licensed, organized and supervised day-time facility used for recreational purposes.

DAY-CARE CENTER: The same as "child-care center."

DENSITY: The permitted number of dwelling units per gross area of land to be developed.

DESIGN FLOOD: The relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area, and the water surface elevations.

DESIGN REQUIREMENTS: Standards that provide direction for sound planning.

DETENTION BASIN: A temporary water impoundment made by constructing a dam or embankment by excavating a pit or dugout to collect surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets and maintain or improve predevelopment water quality.

DEVELOPER: The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT: The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension or use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.

DEVELOPMENTALLY DISABLED: Experiencing a disability which originates before 18 years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap, and which is attributable to mental retardation, cerebral palsy, epilepsy, autism, or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services.

DEVELOPMENT PERMIT: See "zoning permit."
[Amended 5-25-2005 by Ord. No. 2005-16]

DEVELOPMENT REGULATION: This chapter, official map ordinance, or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.

DISTRICT: Any part of the territory of the Township which is designated as a zone on the Official Zoning Map (on file in the Township Clerk's office) and to which certain uniform regulations and requirements of this chapter apply.

DRAINAGE: The removal of surface water or groundwater from land by subsurface drains, piping, conduits, structures, and culverts, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE FACILITY: Any component of the drainage system.

DRAINAGE RIGHT-OF-WAY: The lands required for the installation of drainage or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1 et seq., Editor's Note: Repealed by L. 1945, c. 22; L. 1979, c. 359; L. 1981, c. 262. See N.J.S.A. 58:1A-1 et seq. State Water Policy Commission.

DRAINAGE SYSTEM: The system through which water flows from the land, including all watercourses, water bodies and wetlands.

DRIVE-IN RESTAURANT: The same as "restaurant, drive-in."

DRIVEWAY: A paved or unpaved area used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.

DRY LINES: See "capped system."

DWELLING: Any building or portion thereof designed or used exclusively for one or more dwelling units.

DWELLING, MULTIFAMILY: A building designed for, or containing three or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to outside or a common cellar.

DWELLING, MULTIPLE: A building designed for, or containing three or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to outside or a common cellar.

DWELLING UNIT: A building or part thereof having cooking, sleeping, and sanitary facilities designed for, or occupied by one family, and which is entirely separated from any other dwelling unit in the building by vertical walls, or horizontal floors, unpierced, except for access to the outside or a common cellar.

DWELLING, SINGLE-FAMILY: A detached building designed for or containing one dwelling unit.

DWELLING, TWO-FAMILY: A detached building designed for, or containing two dwelling units, which are entirely separated from each other except for access to the outside or to a common cellar.

EASEMENT: A right-of-way granted for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

EAVE: The lower border of a roof that joins or overhangs the wall.

EDUCATIONAL USE: Public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state. Summer day camps shall not be considered as educational uses or accessories to such uses. Duly accredited colleges and universities shall also be considered educational uses.

ELEEMOSYNARY: The giving of money and/or services to a charitable or philanthropic organization.

ENVIRONMENTAL COMMISSION: The Municipal Environmental Commission, a municipal advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq. Editor's Note: See Ch. 3, Boards, Committees and Commissions, Art. VI, Environmental Commission.

ENVIRONMENTAL CONSTRAINTS: Features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.

ENVIRONMENTAL IMPACT STATEMENT (EIS): For the purposes of this chapter, a compilation of studies, reports, documents and finding of fact prepared by an applicant as part of and for a development application.

ENVIRONMENTALLY SENSITIVE AREAS: Those areas of the Township which are particularly susceptible to environmental damage or permanent change as a consequence of land use or development. Such areas include:

A. Local and regional aquifers (recharge and discharge areas);

B. Hydric soils;

C. Steep slopes;

D. Unsewered areas unsuitable or having limited suitability for septic systems including the Navesink, Hornerstown, and Marshalltown formations;

E. Wooded and semiwooded areas;

F. Historic or aesthetically valuable sites;

G. Freshwater wetlands, and wetland transition areas as defined by N.J.S.A. 13:9B-1 et seq;

H. Stream corridors;

I. Floodways and areas of special flood hazard;

J. Watersheds of public water supply;

K. Category one watersheds designated by the NJDEP;

L. Habitats of threatened or endangered species.

EROSION: The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.

ESCROW: A deed, bond, money or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.

ESSENTIAL SERVICES: Underground gas, electrical, telephone, telegraph, sanitary sewer collection systems, or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables, and normal aboveground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies for the public health or safety or general welfare. Essential services shall not be deemed to include wireless telecommunications towers and antennas.

EXCAVATION or CUT: Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.

EXCAVATION WORK: The excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include but are not limited to curb, sidewalk, driveway, and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guardrails, or any other public improvement existing within the public right-of-way. For the purposes of this chapter, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed excavation work. Excavation work shall also include the construction, addition, installation, or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this chapter including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.

EXEMPT DEVELOPMENT: That site plan and/or subdivision approval shall not be required prior to issuance of a development permit for the following:

A. Construction, additions, or alterations related to single-family or two-family detached dwellings or their accessory structures on individual lots.

B. Any change in occupancy which is not a change in use (as herein defined).

C. Individual applications for accessory mechanical or electrical equipment, whose operation and location conforms to the design and performance standards of this chapter, and whose installation is on a site already occupied by an active principal use for which site plan approval is not otherwise required.

D. Sign(s) which installation is on a site already occupied by a principal use for which site plan approval is not otherwise required and provided such sign(s) conform to the applicable design and zoning district regulations of this chapter.

E. Construction or installation of essential services.

F. Division of property and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "subdivision" contained within this section.

G. Demolition of any structure or building not listed on the State or National Register of Historic Places or identified as a historic site on the Master Plan, provided that the demolition does not involve changes to the site outside the limits of the structure or building nor does it create any nonconformity.

H. Farm stands as defined in this chapter and which meet the requirements set forth in § 95-7.35.

EXEMPT LOGO: A logo which occupies no greater than 20% of a sign face as authorized by these regulations.

FAA: The Federal Aviation Administration.

FAMILY: One or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.

FARM: See definition under § 95-7.48, Right to Farm.
[Amended 10-13-2010 by Ord. No. 2010-16]

FARM BUILDING: See definition under § 95-7.48, Right to Farm.
[Amended 10-13-2010 by Ord. No. 2010-16]

FARM STAND: See definition under § 95-7.48, Right to Farm.
[Amended 10-13-2010 by Ord. No. 2010-16]

FCC: The Federal Communications Commission.

FENCE: A structure constructed of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials serving as an enclosure, barrier, or boundary.

FENCE, OPEN: A fence in which 2/3 of the area, between grade level and the top cross member (wire, wood or other material), is open.

FINAL APPROVAL: The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.

FINAL PLAT: The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this chapter, State of New Jersey Map Filing Law, and when approved shall be filed with the proper county office.

FITNESS/HEALTH CLUB: A facility such as a fitness center, gymnasium, health or athletic club, which provides training and/or equipment for aerobic exercise, running and jogging, game courts, and similar activities.
[Added 9-12-2012 by Ord. No. 2012-11]

FLAT ROOF: A roof having a continuous horizontal surface with a minimal pitch and arranged to be essentially parallel to the floor plane.

FLEX SPACE: A building occupied by two or more uses permitted in the zone and/or two or more of the following uses: contractor's offices and shops; establishments for production, processing, assembly, manufacturing, compounding, preparation, cleaning, servicing, testing, or repair of materials, goods or products, provided such activities or materials create no hazard from fire or explosion, or produce toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes, or objectionable effluent; warehousing establishments, wholesale trade establishments, and offices.
[Added 9-12-2012 by Ord. No. 2012-11]

FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

A. The overflow of inland waters; and/or

B. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD FRINGE AREA: That portion of the floodplain not designated as the floodway.

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and risk premium zones applicable to the community.

FLOOD INSURANCE STUDY: The official report in which the Federal Insurance Administration has provided flood profiles as well as the Flood Hazard Boundary Floodway Map and the water surface elevation of the base flood.

FLOODPLAIN: The relatively flat area adjoining any natural or man-made stream, pond, lake, river, or any other body of water which has been or may be hereafter covered by the floodwater.

FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

FLOOR: A story of a building.

FLOOR AREA: The sum of the gross areas of the floor or floors of a building or structure including parking levels, basements and cellars, measured between the inside faces of exterior walls or from the center line of walls common to two structures or uses. For the purpose of determining required parking, enclosed parking levels will not be considered floor area. In addition, the floor area of basements or cellars will be used to determine parking only where a ceiling height of seven feet or greater is used.

FLOOR AREA RATIO: The sum of the area of all floors of buildings or structures compared to the total area of the site.

FLOOR AREA, SALES: The sum of the gross horizontal areas of the floor or several floors of a commercial building which are used for display of merchandise to the general public and including any areas occupied by counters, showcases, or display racks, and any aisles, entranceways, arcades, or other such public areas.

FLUSHING: The cleaning out of debris and sediment from pipes by force of moving liquid, usually water.

FUNERAL HOME or MORTUARY: A funeral home or mortuary operated by a licensed mortician in accordance with N.J.S.A. 27:23-1 et seq. Editor's Note: Apparently should be N.J.S.A. 45:7-32 et seq. A funeral home or mortuary shall not be considered a professional office.

GARAGE: A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.

GARAGE, PRIVATE: An enclosed building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on.

GARAGE, PUBLIC: A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicle accessories, or where any such vehicles are kept for hire. The rental of storage space for more than two motor vehicles not owned by occupants of the premises shall be deemed a public garage.

GAS STATION: The same as motor vehicle service station.

GENERAL DEVELOPMENT PLAN: A comprehensive plan for the development of a planned development.

GEOMETRIC: A shape characterized as being either a circle, a semicircle, an ellipse, a parallelogram or a trapezoid.

GOLF COURSE: An area of 50 or more contiguous acres containing a full size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures such as, but not limited to, clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts, and the like, provided that the operation of such facilities is incidental and subordinated to the operation of a golf course.

GOLF COURSE RESIDENTIAL COMMUNITY (GCRC): A planned development of one or more contiguous parcels of land having a total gross land area of 350 or more acres inclusive of wetlands, flood hazard areas, stream corridors, hydric soils, and steep slope areas, under common ownership or control, which is to be developed with combined recreational and residential uses which shall provide and be limited to residential dwelling units in detached, semidetached, attached, groups of attached or clustered structures, or any combination thereof, and developed in conjunction with certain specified recreational entities including golf courses, and related golf course or country club and club house facilities, which shall be designed to maximize the preservation of recreational area, open space and the environment.

GOVERNING BODY: The Township Committee of Manalapan.

GRADE, EXISTING: The existing undisturbed elevation of land, ground, and topography preexisting or existing on a lot, parcel or tract of land at the time of the adoption of this chapter.

GRADE, FINISHED: The completed surface of lawns, walks and roads brought to grade(s) as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.

GRAPHIC CONTENT OF SIGN: All words, letters, numbers, symbols, colors, shapes, etc., which appear on the sign face and are intended to convey a visual message. Total graphic content coverage of a sign shall be measured by computing the area of the smallest geometric figure which can encompass all words, letters, figures and other elements of the sign message.

GROSS HABITABLE FLOOR AREA: The sum of the gross horizontal areas of the floor(s) of a building which are enclosed and usable for human occupancy. The areas shall be measured between the inside face of exteriors walls or from the center line of walls separating two dwelling units. The areas shall not include cellars, garage space, utility rooms, screened porches or accessory building space. For a nonresidential use in the RT Zone, it shall apply to all areas intended for human occupancy.

GROUND COVER: Low-growing plants or sod that in time form a dense mat covering the area in which they are planted preventing soil from being blown or washed away and the growth of unwanted plants.

GROUND SIGN: Any sign supported by either uprights affixed to the ground or supported by a base affixed to the ground.

GUTTER: A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.

HABITABLE FLOOR AREA: See "gross habitable floor area."

HABITABLE FLOOR AREA RATIO: The gross habitable floor area of a residential building compared to its lot area. The ratio is calculated by summing the gross habitable floor area of all building floors and dividing by the lot area.

HABITABLE ROOM: Any room within a building used for the purpose of sleeping, eating, preparation of food, offices, selling of merchandise, public gatherings, or assembly lobbies. All habitable rooms within a dwelling unit shall have natural light, ventilation, and heat. Garages, bathrooms, closets, storage areas, hallways, stairs are not considered to be habitable rooms.

HAZARDOUS MATERIALS: Including, but not limited to, inorganic mineral acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive materials and all materials identified as such by the United States Environmental Protection Agency and the New Jersey Department of Environmental Protection.

HELISTOP: An area of defined dimensions, either at ground level or elevated on a structure designated for the landing or takeoff of helicopters but not limited in use to that sole purpose. Helistops have minimal or no support facilities and may be located in multiple use areas, such as parking lots or suitable open areas.

HEALTH CARE FACILITY: The facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate bio-analytical laboratory (except as specifically excluded hereunder) or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer and excluding such bio-analytical laboratories as are independently owned and operated, and are not owned, operated, managed, or controlled, in whole or in part, directly or indirectly, by any one or more health care facilities, and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey and which solicit or accept specimens and operate predominantly in interstate commerce.

HEIGHT: When referring to a wireless telecommunications tower or other structure, the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna. (See also the definition of "building height.")

HISTORIC DISTRICT: One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HISTORIC SITE: Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.

HOME OCCUPATION: Any use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling; and provided, further, that no machinery or equipment used which will cause electrical or other interference with radio and television reception in adjacent residences, or cause offensive noise or vibration. Such activities as clinics, hospitals, barbershops, beauty parlors, tea rooms, tourist homes, animal hospitals, nursery schools, and music or dancing schools other than for individual instruction shall not be deemed home occupations under the terms of this chapter.

HOSPITAL: A building or series of buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the building, such related facilities as laboratories, outpatient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.

HOTEL: A building providing a minimum of 100 rental units for overnight accommodations for hire to the traveling public. Each rental unit should contain at least one bathroom for the use of that rental unit. The rental units shall not contain cooking facilities. Twenty percent of the gross habitable floor area of the building shall be used for restaurants, recreation facilities and meeting rooms.

HOUSE OF WORSHIP: See "place of worship."

HOUSEHOLD: The person or persons occupying a dwelling unit.

HYDRIC SOIL: A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.

HYDROLOGIC RESPONSE: The properties, distribution, and circulation of water.

IES: Illuminating Engineering Society.

IMPERVIOUS AREA: The surface area of a lot covered by buildings and structures and by accessory buildings or structures. "Impervious area" shall include all parking areas, sidewalks, walkways, patios, automobile access driveways, and/or storage areas, whether or not covered by an impervious surface, and all other impervious surfaces except as indicated on the zoning district schedule of regulations. The impervious area of a lot expressed as a percentage is equal to lot coverage.

IMPERVIOUS SURFACES: A surface that has been compacted or covered with a layer of man-made or natural material so that it is highly resistant to infiltration of water.

IMPOUNDMENT: A body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.

IMPROVABLE AREA: The area of a lot for the placement of principal buildings, off-street parking lots, and off-street loading areas which is located within the envelope delineated by the required yards, or buffers of the zone district and which is not encroached upon by any of the following features: Editor's Note: See Exhibit 5-5 at the end of this chapter.

A. An existing or proposed public right-of-way.

B. An area classified as a floodway by the New Jersey Department of Environmental Protection or as an area of special flood hazard or floodway pursuant to § 113-4, Definitions, of Chapter 113, Flood Damage Prevention, of the Township Code.

C. Wetlands or any required wetlands transition area pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.), except where construction, fill, or disturbance has been authorized pursuant to the Freshwater Wetlands Act.

D. Slope areas where the inclination of the land's surface from the horizontal is 15% or greater for a ten-foot interval.

E. Stream corridors.

IMPROVED PARKING AREA: An area for the temporary location of motor vehicles which has been modified from its natural condition by excavation, fill or structures.

IMPROVED STREET: A street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been improved to the standards specified by the Township Engineer.

IMPROVEMENT: Any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

INDIVIDUAL SEWAGE DISPOSAL SYSTEM: A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device serving a single unit.

INDOOR RECREATION CENTER: A facility within a building, including, but not limited to, tennis and racquetball courts, fitness/health clubs, bowling alleys, accessory pro shops, snack bars, exercise, swimming or training facilities and restaurants.
[Amended 12-19-2012 by Ord. No. 2012-18]

INSTRUCTIONAL AND VOCATIONAL USES: Facilities providing specialized education, training or instruction to groups or individuals such as art schools, tutoring services, dance schools, gymnastics, martial arts, language schools, music schools, drama schools, business schools, and substantially similar types of uses.
[Added 9-12-2012 by Ord. No. 2012-11]

INTERESTED PARTY

A. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and

B. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose rights to use, acquire, or enjoy property is or may be affected by any action taken under N.J.S.A. 40:55D-1 et seq. or under any other law of this state or of the United States have been denied, violated or infringed by an action or failure to act under N.J.S.A. 40:55D-1 et seq. or this chapter.

INTERIOR OR INSIDE LOT: A lot bounded by a street on one side only.

INTERIOR STREET OR ROAD: A street or road that is developed wholly within a parcel under one ownership and meeting all municipal standards.

INTERNAL STREET OR ROAD: A street used for internal vehicular circulation within a tract or development. Major internal streets are those internal streets which have an entrance and/or exit on the access street or right-of-way frontage of the tract. Internal streets may be private and not dedicated or deeded to the public, but shall meet all municipal street design standards, subject to approval by the Planning Board and by the Municipal Engineer.

ISLAND-IN-STREET DESIGN: A raised area usually curbed, placed to guide traffic, separate lanes, or used for landscaping, signing, or lighting.

ITE: Institute of Transportation Engineers.

ITEM OF INFORMATION: A syllable of a word, an initial, a logo, an abbreviation, a number, a symbol, or a geometric shape, provided that a name of an activity shall never be counted as containing more than four items of information regardless of the number of syllables.

JUNKYARD or SALVAGE YARD: The use of any area and/or structure for the keeping or abandonment of junk, including scrap metal, glass, paper, cordage, or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery, or parts thereof; provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural use permitted in any zone or storage of hazardous materials. The storage or other use of temporarily disabled licensed vehicles in conjunction with a motor vehicle repair garage or motor vehicle service station shall not be considered a junkyard.

KITCHEN: An area used or designed to be used for the preparation of food.

LABORATORY, DENTAL: A facility that manufactures or customizes a variety of products to assist in the provision of oral health care by a licensed dentist such as crowns, bridges, or dentures.
[Added 12-19-2012 by Ord. No. 2012-18]

LABORATORY, TESTING: A facility for testing, analysis and/or research such as medical labs or soils and materials testing labs.
[Added 12-19-2012 by Ord. No. 2012-18]

LAKES and PONDS: Natural or man-made bodies of water which normally contain or retain water for extended periods. Ponds are bodies of water with a surface area, measured under ten-year storm conditions, of two acres or less. Lakes are bodies of water with a surface greater than two acres, measured under ten-year storm conditions. The shoreline of a lake or pond is measured at the perimeter of the surface of water under ten-year storm conditions, as certified by the applicant's licensed land surveyor, and approved by the Municipal Engineer.

LAND: Any real property including improvements and fixtures on, above or below the surface.

LAND DISTURBANCE: Any activity involving the clearing, grading, transporting, filling of land, and any other activity which causes land to be exposed to the danger of erosion.

LANDMARK DISTRICT: The same as "Historic District."

LANDMARK SITE: The same as "historic site."

LANDSCAPE LANDSCAPING: The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements, and/or providing a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices.

LIGHT MANUFACTURING: Fabrication, assembly or processing of goods or materials, or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion, or produce toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.

LOADING SPACE: An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space must have clear means of ingress and egress to a public street at all times.

LOCAL UTILITY: Any sewage authority created pursuant to the Sewerage Authorities Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities created pursuant to the Municipal and County Utilities Authority Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water, or sewer service to a municipality or the residents thereof.

LOT: A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA: The acreage and square footage of a lot contained within the lot lines of the property.

LOT, CORNER: Any lot at the junction of and fronting on two or more intersecting streets.

LOT COVERAGE: The impervious area of a lot. Lot coverage is expressed as a percentage of the total lot area.

LOT DEPTH: The shortest distance between the front lot line and a line parallel to the front lot line through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall not be less than 10 feet in length measured between its intersections with the side lot lines. On corner lots, one side lot line shall be considered a rear lot line for the purpose of determining lot depth.

LOT FRONTAGE: The distance measured on a horizontal plane between the side lot lines measured along the street line. The minimum lot frontage shall not be less than the required lot frontage except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 70% of the required minimum lot frontage. Where the lot frontage is so permitted to be reduced, the lot width at the building setback line shall not be less than the required minimum frontage of the zone district and further provided that no lot shall have a frontage less than 75 feet, unless specifically provided for by the zone district regulations. For the purpose of this chapter, only continuous uninterrupted lot lines shall be accepted as meeting the frontage requirements.

LOT INTERIOR: A lot other than a corner lot.

LOT LINE: Any line designating the extent or boundary of a lot which shall further be defined as follows:

A. FRONT LOT LINE, INTERIOR LOT — A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.

B. FRONT LOT LINE, CORNER LOT — A lot line along the street or road which is most nearly parallel to that part of the building where the main entrance is located, provided however, that where this cannot be determined, the municipal agency can choose to designate the front lot line as the line running along the street named in the property's postal address, where applicable.

C. REAR LOT LINE — The lot line most distant and generally opposite and parallel to the front lot line.

D. SIDE LOT LINE — Any lot line other than a front or rear lot line.

LOT WIDTH: The distance between the property side lines measured along the front yard setback line. Unless otherwise specified, lot width shall not be less than the minimum required lot frontage.

LOWER INCOME HOUSEHOLD: A household whose income is within the current moderate or low income limits for the housing region as established by the New Jersey Council on Affordable Housing.

MAINTENANCE BOND: Any security that is acceptable to the governing body to assure the maintenance of approved installations by developers.

MAINTENANCE GUARANTEE: Any security, which may be accepted by the Township for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq. and this chapter, including, but not limited to, surety bonds, letters of credit, under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

MAJOR SITE PLAN: Any site plan not classified as a minor site plan or exempt site development.

MAJOR SUBDIVISION: Any subdivision not classified as a minor subdivision.

MANHOLE: An inspection chamber whose dimensions allow easy entry and exit and working room for a person inside.

MANNING EQUATION: A method for calculating the hydraulic capacity of a conduit, culvert or waterway to convey water.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.

MANUFACTURING: The treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.

MASSAGE PARLOR: Any establishment devoted to the providing of massage services to persons not in connection with any medical, osteopathic, chiropractic, prescribed therapeutic or athletic or calisthenic activities.

MASTER PLAN: A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28.

MAYOR: The Mayor of Manalapan.

MEDIAN: That portion of a divided highway separating the traveled ways of traffic proceeding in opposite directions.

MEDIA PRODUCTION: Facilities for motion picture, television, sound, computer, and other media communications production.
[Added 12-19-2012 by Ord. No. 2012-18]

MENTALLY ILL PERSON: A person afflicted with mental disease to such an extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community, but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity.

MIGRANT FARM LABOR HOUSING FACILITIES: Housing facilities for farm workers, provided that such housing facilities for transient or migratory farm workers shall be occupied only during that period of time when workers are engaged in agricultural pursuits and that the facilities for transient or migratory farm workers shall not be occupied during those periods when agricultural growing and harvesting activities are not in progress. Nothing in this section shall be deemed to permit the establishment of housing facilities for labor not engaged in activities of an agricultural nature. Housing facilities shall be located not closer than 200 feet to any property line. In no event shall such facilities be occupied more than six months in any calendar year. Editor's Note: See Ch. 261, Nuisances, § 261-4.

MINOR SITE PLAN: A development plan for one or more lots which is (are) subject to development which:

A. Requires site plan approval; and

B. Meets the requirements set forth in Article XII of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met, and

C. Meets the following conditions:

(1) New building construction and/or building additions do not exceed 1,000 square feet of gross floor area.

(2) The proposed development does not increase parking requirements by more than five spaces.

(3) The proposed development conforms to the performance standards set forth in Article VII.

(4) The proposed development does not involve planned development.

(5) The proposed development does not involve any new street or the extension of any existing street.

(6) The proposed development does not involve the extension or construction of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

(7) The proposed development does not involve the disturbance of 5,000 square feet or more of ground area.

MINOR SUBDIVISION: A subdivision of land for the creation of not more than two lots plus the remainder of the original lot provided such subdivision does not involve a planned development, any new street, or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and provided that the municipal agency or the Subdivision Committee of the Planning Board finds that all the following conditions have been met:

A. That curbs and sidewalks have been installed or that the developer agrees to install and post performance guarantees for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.

B. That the subdivision does not require the extension of municipal facilities at the expense of the municipality.

C. That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.

D. That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.

E. That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this chapter or that appropriate variances have been obtained (or must be obtained as a condition of approval).

F. That no portion of the lands involved represent a further subdivision of an original tract of land for which one or more previous minor subdivisions have been approved by the municipal agency and the combination of the number of lots under the proposed and previously approved minor subdivision(s) would have constituted a major subdivision if filed together. The "original tract of land" shall be defined as any tract of land in existence as of November 12, 1968.

MLUL: Municipal Land Use Law.

MOBILE HOME: See "manufactured home."

MOTEL: A hotel providing individual entrances from the exterior of the building to each unit used for overnight accommodations and providing parking spaces convenient to each individual entrance.

MOTOR VEHICLE REPAIR GARAGE: A building or portion of a building or land, or portion thereof, which is not primarily devoted to the retail sale of gasoline or new or used automobiles or trucks, in which auto body work or the overhauling or replacement of automobiles, automobile parts, or any portion thereof, is conducted as a business for profit.

MOTOR VEHICLE SERVICE STATION: Any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and which may include facilities for lubricating, washing or servicing of motor vehicles, except that auto body work of any nature and retail sales unrelated to motor vehicle uses shall be prohibited.

MULCH: A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and aid plant growth.

MULTIFAMILY BUILDING: Any building containing three or more dwelling units, including townhouses within a lot. Dwelling units within multifamily buildings are classified as multifamily dwellings.

MUNICIPAL AGENCY: The Planning Board or Board of Adjustment when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.

MUNICIPAL LAND USE LAW: N.J.S.A. 40:55D-1 et seq (Chapter 291, Laws of New Jersey 1975, as amended).

MUNICIPALITY: The Township of Manalapan.

NEIGHBORHOOD SHOPPING CENTER: An integrated development planned, constructed, and operated as a single unit consisting of retail stores and shops, personal service establishments, professional and business offices, and banks in an enclosed building or buildings and utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities, and sanitary facilities. A neighborhood shopping center is designed to provide convenient shopping for the general neighborhoods in which it is located without attracting regional traffic.

NFPA: National Fire Protection Association.

NJDEP: New Jersey Department of Environmental Protection.

NJDOT: New Jersey Department of Transportation.

NEW CONSTRUCTION: Structures for which the start of construction commenced on or after the effective date of this chapter.

NONCONFORMING LOT: A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE: A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision, or amendment.

NONCONFORMING USE: A use or activity which was lawful prior to the adoption, revision, or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONPOINT SOURCE POLLUTION: Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvacultural, mining, construction, subsurface disposal and urban runoff sources.

NURSERY SCHOOL: A school designed to provide daytime care of three or more children from two to six years of age inclusive, and operated on a regular basis.

OCCUPANCY: The specific purpose for which land or a building is used, designed or maintained.

OCCUPANCY PERMIT: The same as certificate of occupancy.

OFFICIAL COUNTY MAP: The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP: A map adopted by ordinance by the governing body pursuant to N.J.S.A. 40:55D-32 et seq.

OFF SITE: Located outside the lot lines of the lot in question, but within the property limits (of which the lot is a part) which is the subject of a development application. Off-site areas shall include any contiguous portion of a street or right-of-way.

OFF-STREET PARKING SPACE: A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and that is not located on a dedicated street right-of-way.

OFF-TRACT: Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON-SITE: Located on the lot in question.

ON-STREET PARKING SPACE: A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

ON-TRACT: Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN GREEN AREA: An open space unoccupied by buildings or streets in which improvements are limited to walkways, paths, living trees and other living landscape materials.

OPEN PORCH OR STEPS: A porch or steps with a fixed roof no larger than six feet wide by four feet deep and with no sidewalk other than the wall of the structure to which it is attached.

OPEN SPACE: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and other improvements that are designed to be incidental to the natural openness of the land.

OPEN SPACE RATIO: The total area of open space in a development divided by the total site area of the development. Detention basins shall not be calculated as open space.

ORNAMENTAL LANDSCAPE STRUCTURE: An accessory structure placed year round in a fixed location in a yard or open space to provide a decorative or ornamental element to the grounds and gardens of the principal use. Ornamental landscape structures shall include, but are not necessarily be limited to, fountains, reflecting ponds, trellis, entry posts or stanchions, lampposts, and other such structures.

OVERLAY DISTRICT or OVERLAY ZONE: See "zone overlay area."

OWNER: Any individual, family group, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in land which is the subject of a development proposal.

PARKING AREA: An open area used for the open storage of motor vehicles and includes any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting, landscaping, and signing.

PARKING AREA, PRIVATE: An area, other than a street, intended for the same use as a private garage, is accessory to a residential or nonresidential building or use and not used by the general public.

PARKING AREA, PUBLIC: A paved open area, other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free, or as an accommodation of clients or customers.

PARKING GARAGE: The same as "garage, public."

PARKING SPACE: An off-street space provided for the parking of a motor vehicle exclusive of driveways or access drives, either within a structure or garage or in the open or as may be otherwise defined in this chapter.

PARKING LOOP: A private street with perpendicular parking.

PARTY IMMEDIATELY CONCERNED: For purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.

PATIO: An area of land not used for receiving and storing material where the grounds have been surfaced with construction material such as brick, stone, concrete or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.

PATIO HOME: Two or more single-family dwellings, either attached or detached, located on individual lots, and which are functionally and architecturally connected by patio area(s).

PAVEMENT: See "cartway."

PEEP SHOW: Any establishment showing to patrons in private or semiprivate viewing areas the live or photographic or magnetically recorded depictions of persons engaged in the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality and other obscene subjects.

PERFORMANCE GUARANTEE: Any security, which may be accepted by the municipality, including, but not limited to, surety bonds, letters of credit under circumstances specified in N.J.S.A. 40:55D-53.5 and cash.

PERSONAL SERVICES: An act by which skills of one person are utilized for the benefit of another, provided no function involves manufacture, cleaning, repair, storage or distribution of products or goods except for cleaning and repairing of clothing and similar personal accessories.

PERVIOUS SURFACE: Any material that permits full or partial absorption of stormwater runoff and precipitation into previously unimproved land.

PESTICIDE: Any substance or mixture of substance labeled, designed, or intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term pesticide shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant, or plant regulator.

PETROLEUM PRODUCTS: Oil or petroleum of any kind and in any form including crude oils and derivatives of crude oils, whether alone, as sludge, oil refuse or oil mixed with other wastes.

PLACE OF WORSHIP: A building or group of buildings for public worship including cathedrals, chapels, churches, meeting houses, synagogues, temples, and similarly used buildings, as well as accessory uses such as Sunday schools, social halls, parish houses, and similar type buildings.

PLANNED COMMERCIAL DEVELOPMENT: An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED DEVELOPMENT: Planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT: An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED RESIDENTIAL DEVELOPMENT: The same as planned unit residential development.

PLANNED RETIREMENT COMMUNITY (PRC): One or more contiguous parcels of land having a total land area of 25 or more acres under common ownership or control which is planned for development with residential dwelling units and other structures and facilities designed and limited to occupancy by persons 55 years of age or older and children 19 years of age or over. The ownership of the residential units and an area comprising the PRC shall be in accordance with the provisions of N.J.S.A. 46:8B-1 et seq. or in fee simple in conjunction with a homeowners' association, and all sale, resale, rental leasing or occupancy of the units or any of the structures comprising the PRC shall be subject to and must comply with the terms and conditions of this chapter.

PLANNED UNIT DEVELOPMENT: An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial, or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.

PLANNED UNIT RESIDENTIAL DEVELOPMENT: An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses, all primarily for the benefit of the residential development.

PLANNING BOARD: The municipal Planning Board established pursuant to N.J.S.A. 40:55D-23. The term "Planning Board" as used in this chapter also means the Board of Adjustment when it is acting pursuant to N.J.S.A. 40:55D-76.

PLANNING BOARD ENGINEER: The licensed New Jersey professional engineer specifically retained by the Planning Board or assigned by the Municipal Engineer (with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the Municipal Engineer may assume the duties of the office.

PLAT: A map or maps of a subdivision or site plan.

PLAT, FINAL: The map or maps of all or a portion of the development prepared and submitted to the approving authority for final approval. Final plat shall also include and be synonymous with the term final site plan.

PLAT, PRELIMINARY: The plat prepared and submitted to the approving authority as a part of the application for preliminary approval. Preliminary plat shall also include and be synonymous with the term preliminary site plan.

PRELIMINARY APPROVAL: The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48, and 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS: Architectural drawings prepared by a New Jersey registered architect during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale, relationship to its site and immediate environs and exterior colors and finishes.

PREMISES: A lot or tract of land or any combination thereof held under a single ownership or control.

PRIMARY OR PRINCIPAL USE: The primary or principal purpose for which a building, structure or lot is used.

PRIVATE ACCESS EASEMENT: An area of land within a lot or lots having specific dimensions and metes and bounds, which shall be a part of the area of a lot or lots to which same provides a means of access. Such private access easements when approved according to law shall be recorded.

PRIVATE STREET: An area of land having specific dimensions and metes and bounds, which area may be a part or separate part of a lot or lots to which same provides a means of access. Such private street(s) when approved according to law shall be recorded.

PROFESSIONAL OFFICE: The office of a member of a recognized profession, which shall only include the office of doctors or physicians, psychologists, dentists, optometrists, ministers, architects, professional engineers, professional planners, land surveyors, lawyers, artists, authors, attorneys, musicians, accountants, and insurance agents and real estate brokers with five or fewer brokers or sales agents. An animal hospital or veterinarian's office shall not be considered a professional office for the purpose of this chapter.

PROFESSIONAL OFFICE BUILDING: A building, the occupancy of which is limited to professional offices.

PROHIBITED USE: That use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance of N.J.S.A. 40:55D-70d would be necessary, in order to provide that use in that particular zone.

PROJECTING SIGN: A sign, other than a wall sign, suspended from or attached to a building or wall in a manner which is other than parallel to the building or wall, including a sign hung under the canopy.

PUBLIC AREAS

A. Public parks, playgrounds, open space, trails, paths and other recreational areas;

B. Other public open spaces;

C. Scenic and historic sites; and

D. Sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL: A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY: The land reserved or dedicated for the installation of stormwater' sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.

PUBLIC OPEN SPACE: An open space area conveyed or otherwise dedicated to the Township, a municipal agency, Board of Education, federal, state, or county agency, or other public body for recreational or conservational uses.

PUBLIC UTILITY: Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 40:2-13. Editor's Note: No section denoted N.J.S.A. 40:2-13 exists. See N.J.S.A. 40:62-1 et seq.

QUORUM: The majority of the full authorized membership of a municipal agency.

RADIOACTIVE USE: Any natural or artificially produced substance or combination of substances which emits radiation spontaneously.

RATIONAL METHOD: A method of runoff calculation.

REAR WALL SIGN: A wall sign which is affixed to any exterior wall of any building where such wall does not front a public street but contains a means of public pedestrian access into the building.

RECHARGE: The replenishment of underground water reserves.

RECREATION AREA: Facilities and open space areas set aside, designed and/or improved, and used for recreation purposes, and may include, but shall not be limited to, playfields, golf courses, playgrounds, swimming pools, tennis courts, and other court games, tot lots, parks, picnic areas, nature preserves, boating and fishing areas and facilities.

RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper, and motor home.

RECTANGULAR: A four sided plane figure with four right angles.

RENEWABLE ENERGY/SMALL ENERGY SYSTEMS: Facilities for the production of solar energy or wind energy.
[Added 12-19-2012 by Ord. No. 2012-18]

RESIDENTIAL CLUSTER: An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space as an appurtenance.

RESIDENTIAL DENSITY, GROSS: The number of dwelling units per gross acre of residential land including areas used for streets, easements and/or open space portions of a development.

RESIDENTIAL DENSITY, NET: The resulting number of dwelling units which may be or are developed on a site or lot after public access and required open spaces are provided.

RESIDENTIAL FLAT: A dwelling unit on one floor of a multifamily building.

RESIDENTIAL SPORTS COURT: A yard space that has been prepared and improved with a playing surface designed to serve as a multipurpose recreational structure that accommodates yard games and outdoor recreation equipment and activities and which is accessory to a residential dwelling.

RESTAURANT: Any establishment, however designated, at which food is sold for consumption on the premises, normally to patrons seated within an enclosed building. However, a snack bar at a public or community playground, playfield, park, or swimming pool operated solely by the agency or group operating the recreation facilities, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.

RESTAURANT, CATEGORY ONE: A restaurant which is designed for and whose primary function and operation is the preparation and service by employees of meals to a customer or customers seated at the table at which the meal is consumed. A category one restaurant operates without substantial carry-out service; with no delivery service; with no drive-through, drive-in, or service in vehicles; and without service at counters or bars unless the restaurant is licensed to serve alcoholic beverages.

RESTAURANT, CATEGORY TWO: A restaurant whose primary function is the preparation and service by employees of food or drink to customers as part of an operation which may be designed with carry-out service; delivery service; self-service; or on-premises consumption, except that no drive-in, drive-through, or service in vehicles is permitted.

RESTAURANT, CATEGORY THREE: A restaurant whose primary function is the preparation and service by employees of food or drink to customers as part of an operation which may be designed with carry-out service; delivery service; self-service; on-premises consumption; or customer pickup service utilizing a vehicular drive-through.

RESTAURANT, DRIVE-IN: An establishment where the majority of the patrons purchase food, soft drinks, ice cream, and similar confections for takeout or consumption on the premises but outside the confines of the principal building, or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

RESUBDIVISION

A. The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or

B. The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or by other instrument so long as only one use exists on the combined lot.

RETAIL: Relating to the sale of goods in small quantities to ultimate consumers for personal or household consumption and not bulk sale of goods to customers engaged in the business of reselling goods. A retail use is open to the general public and its patronage is not restricted by a membership requirement.

RETAIL STACK STORAGE: A retail use that stocks an inventory of goods in large quantities for the purpose of selling retail from a building in which the goods are held and which utilizes warehouse stack storage techniques on the sales floor area. A retail stack storage use is open to the general public and its patronage is not restricted by a membership requirement.

RETAINING WALL: A structure more than 18 inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

RETENTION BASIN: A pond, pool or basin used for the permanent storage of stormwater runoff.

REVETMENT: A facing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by wave action or current.

RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.

ROOMING HOUSE: The same as "boarding or lodging house."

SATELLITE DISH ANTENNA or SATELLITE ANTENNA: A parabolic reflector antenna which is designed for the purpose of receiving signals from and/or transmitting signals to a transmitter relay located in planetary orbit.

SCHOOL: The same as educational use.

SCREEN: A structure or planting consisting of fencing, berms, and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.

SCS: Soil Conservation Service.

SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.

SEDIMENT BASIN: A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.

SEDIMENTATION: The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a product of erosion.

SEPTIC SYSTEM: An underground system with a septic tank and piping used for the decomposition of domestic wastes and subsurface disposal septic tank effluent.

SEPTIC TANK: A watertight receptacle that receives the discharge of sewage.

SECONDARY USE: The same as "accessory use."

SETBACK: The horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.

SETBACK LINE (BUILDING LINE): The line beyond which a building shall not extend unless otherwise provided in this chapter.

SEWER: Any pipe conduit used to collect and carry away sewage or stormwater runoff from the generating source to treatment plants or receiving streams.

SHADE TREE: A tree in a public place, street, special easement, or right-of-way adjoining a street.

SHAPE REQUIREMENT: See "lot shape requirement."

SHOULDER: The graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline.

SIDEWALK AREA: A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.

SIGHT TRIANGLE: The triangular area intended to remain free of visual obstructions to prevent potential traffic hazards formed by two intersecting street lines or the projection of such lines which border a corner property, and by a line connecting a point on each such line located a designated distance from the intersection of the street right-of-way lines.

SIGN: Any writing (including letter, word or numeral), pictorial presentation (including illustration), decoration (including any material or color forming an integral part of other sign elements or used to differentiate such decoration from its background), emblem (including device, symbol or trademark), flag (including banner, balloon or pennant), or any other device, figure, logo, or similar character which:

A. Is located and maintained as a freestanding structure or any part of a structure, or located and maintained on a building or other structure or device by being placed, installed, attached, affixed, fastened, pasted, posted, painted, printed, nailed, tacked or in any other manner thereon or thereto; and

B. Is used to announce, direct attention to, identify or advertise; and

C. Is visible from outside any building or structure; and

D. Is illuminated or nonilluminated.

SIGNABLE AREA: That portion of a building fronting on a public roadway or public parking facility, free of any projection, relief, cornice, column, change of building material, window or door opening extending from the finished grade of the building to the bottom of the lowest second floor window sill or to a height of 20 feet, whichever is less, and along the entire length of the building which fronts the public street or public parking facility.

SIGN FACE: The area made available by a sign structure for the purpose of displaying a message.

SIGN SETBACK: The horizontal distance between a sign measured from the nearest portion of the sign, and any front, side or rear lot line.

SIGN WITH BACKING: Any sign that is displayed upon, against or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.

SIGN WITHOUT BACKING: Any word, letter, emblem, insignia, figure or similar character, or group thereof, that is neither backed by, incorporated in or otherwise made part of any larger display area.

SITE: Any plot, parcel or parcels of land.

SITE PLAN: A development plan of one or more lots on which is shown:

A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, and waterways;

B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and

C. Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.

SKETCH PLAT: See "concept plan."

SOIL: All unconsolidated mineral and organic material of any origin which overlies bedrock and which can be readily excavated.

SOIL CONSERVATION DISTRICT: The Freehold Soil Conservation District, a governmental subdivision of the state which was organized in accordance with the provisions of Chapter 24, Title 4, N.J.S.A. 4:24-2 et seq.

SOIL EROSION AND SEDIMENT CONTROL PLAN Editor's Note: See Ch. 192, Soil Erosion and Sediment Control.: A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Freehold Soil Conservation District in conformance with N.J.S.A. 40:55-120. Editor's Note: No section denoted N.J.S.A. 40:55-120 exists. See N.J.S.A. 4:24-17.1 et seq.

SOLID WASTE: Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.

STABILIZED TURF OR EARTH: Turf, or earth (soil), strengthened usually by the mixing of cement or lime with the original material to achieve increased strength, thereby reducing shrinkage and movement.

STANDARD SPECIFICATIONS: The Standard Specifications for Road and Bridge Construction as promulgated and revised by the New Jersey Department of Transportation.

STANDARDS OF PERFORMANCE

A. Standards, requirements, rules and regulations adopted by this chapter pursuant to N.J.S.A. 40:55D-65(d) regulating noise levels, glare, airborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke, and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipal; or

B. Required by applicable federal or state laws or municipal agencies.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN: The plan established pursuant to P.L. 1985, c. 398, designed for use as a tool for assessing suitable locations for infrastructure, housing, economic growth and conservation in the State of New Jersey.

STATE PLANNING COMMISSION: The commission established pursuant to P.L. 1985, c. 398.

STEEP SLOPES: Areas where the average slope exceeds 15% at ten-foot intervals which, because of this slope, are subject to high rates of stormwater runoff and erosion.

STORMWATER DETENTION: A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.

STORMWATER RETENTION: A provision for storage of stormwater runoff.

STORY: That portion of a building between a floor and ceiling, excluding cellars.

STORY, HALF: That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half-story.

STREAM: Any pond or lake or perennial or intermittent waterway depicted on any of the following: the most recent United States Geological Survey 7.5 minute topographic map quadrangles; the Monmouth County Soils Report prepared by the U.S. Soil Conservation Service; the Natural Resource Inventory for the Township of Manalapan.
[Added 9-18-2002 by Ord. No. 02-24]

STREAM CORRIDORS: The stream channel (the bed and banks of a stream that confine and conduct continuously or intermittently flowing water or the bed and banks of a pond or lake), the area within the one-hundred-year floodline, and the stream corridor buffer. Where no one-hundred-year floodline has been delineated, the stream corridor shall consist of the stream channel and stream corridor buffer area.
[Added 9-18-2002 by Ord. No. 02-24]

STREAM CORRIDOR BUFFER: An area extending a minimum of 75 feet and an average distance of 100 feet from the one-hundred-year floodline or from the boundary of the flood hazard overlay district established pursuant to § 95-5.6B of this chapter. If there is no one-hundred-year floodline delineated, the distance shall be measured outward from the bank of the stream channel, lake, or pond. If slopes greater than 10%, or wetlands, or wetland transition areas abut the outer boundary of the stream corridor, the area of such slopes, wetlands and wetland transition areas shall also be included within the boundaries of the stream corridor buffer area.
[Added 9-18-2002 by Ord. No. 02-24]

STREET: Any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive, or other way:

A. Which is an existing state, county or municipal roadway; or

B. Which is shown upon a plat heretofore approved pursuant to law; or

C. Which is approved by official action as provided by N.J.S.A. 40:55D-1 et seq.; or

D. Which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET, ARTERIAL: Roadways with a high volume of traffic flow. Arterial street may include state and county roadways.

STREET, COLLECTOR: Any street that collects traffic from local streets and channels it onto the system of arterial streets.

STREET, RESIDENTIAL ACCESS: A local street providing access to residential lots.

STREET FURNITURE: Man-made, aboveground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, and phone booths.

STREET HARDWARE: The mechanical and utility systems within a street right-of-way such as hydrants, manhole covers, traffic lights and signs, utility poles and lines, parking meters and the like.

STREET HIERARCHY: The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high-traffic arterial roads down to streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use, and residential quality.

STREET-IMPROVED: See "improved street."

STREET LINE: The line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street; as distinct from a sidewalk line, curb line, or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Township of Manalapan, the street line shall be considered to be the proposed right-of-way line for the street. Where a definite right-of-way has not been established, the street line shall be assumed to be at a point 25 feet from the center line of the existing pavement.

STREET, LOCAL: Any street that provides access to lots and carries traffic having a destination or origin on the street itself.

STREET, LOOP: A street that has its only ingress and egress at two points on the same subcollector or collector street.

STREET, UNIMPROVED: A street that does not have an all-weather pavement. An unimproved street could be constructed of loose gravel, any type of loose stone, or generally, any type of material that is not solidified and will not repel water or maintain a stable cross-section under all weather conditions. In the event that the Construction Official or other Township official has any question as to whether a road is improved, unimproved, or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such official shall contact the Township Engineer for his evaluation and written determination.

STRIPPING: Any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.

STRUCTURAL ALTERATIONS: The same as "alterations."

STRUCTURE: A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

SUBDIVIDER: Any person or legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder.

SUBDIVISION: The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created:

A. Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;

B. Divisions of property by testamentary or intestate provisions;

C. Division of property upon court order including, but not limited to, judgments of foreclosure;

D. Consolidation of existing lots by deed or other recorded instrument; and

E. The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Zoning Officer to conform to the requirements of the development regulations contained in this chapter for frontage on an improved street, zoning district regulations, and for design standards and improvement specifications; and further provided that each lot, tract, or parcel of land is shown and designated as separate lots, tracts, or parcels on the official Tax Map of the Township. Those adjoining lots, tracts, or parcels of land shown on the official Tax Map of the Township which are owned by the same person or persons but which individually do not conform to the zoning district regulations and/or which do not meet the required frontage on an improved street shall be treated under this chapter as a single parcel of land no portion of which may be conveyed without subdivision approval as prescribed by this chapter. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION AND SITE PLAN COMMITTEE: A committee appointed by the chairperson of the Planning Board for the purpose of reviewing, commenting and making recommendations with respect to subdivision and site plan applications.

SUBGRADE: The natural ground lying beneath a road.

SURFACE WATERS: Those waters that fall on land or arise from springs and diffuse themselves over the surface of the ground following no defined course or channel.

SWIMMING POOL, COMMERCIAL: See "swimming pool, public."

SWIMMING POOL, PRIVATE: A swimming pool located on a single family lot with a residence on it and used as an accessory to the residence, and the pool is utilized with no admission charges and not for the purpose of profit. Editor's Note: See Ch. 208, Swimming Pools.

SWIMMING POOL, PUBLIC: A swimming pool that is open to the public or to a limited number of members and their guests or operated as a service rendered by a hotel, motel, or apartment or planned residential development.

TOPSOIL: The original upper layer of soil material to a depth of six inches which is usually darker and richer than the subsoil.

TOWER: See "wireless telecommunications tower."

TOWNHOUSE COMPLEX: An integrated scheme of townhouse dwelling structures and common lands or facilities.

TOWNHOUSE DWELLING STRUCTURE: A structure containing two or more townhouse dwelling units.

TOWNHOUSE DWELLING UNIT: A dwelling unit occupied by a single family, which unit is attached to another by a common bearing structural element, together with perpetual access and use of the open space designed as an integral part of each unit provided either by fee simple ownership, owners' association or other means ensuring perpetual access and use, and having been constructed in conformity with applicable rules, regulations and ordinances of the Township of Manalapan.

TOWNHOUSE LOT: A parcel of land created by master deed in accordance with N.J.S.A. 46:8A-1 et seq. (Horizontal Property Act).

TRACT: An area of land consisting of one or more contiguous lots under single ownership or control, used for development or for a common purpose. Tract is interchangeable with the words, development area, site and property.

TRAILER COACH: A vehicle used or so constructed as to permit its being used as a licensed conveyance upon the public streets or highways and constructed in such a manner as will permit its occupancy as a place of day-to-day habitation for one or more persons. This term shall also include automobile trailers and house trailers; however, travel trailers which are under eight feet in width and under 25 feet in length and are not used for purposes of day-to-day habitation shall not be included.

TRANSCRIPT: A typed or printed verbatim record, or reproduction thereof, of the proceedings of the municipal agency.

TRANSITION AREA: An area of land adjacent to a freshwater wetland which minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem and which is regulated pursuant to N.J.S.A. 13:9B-1 et seq.

TRIP: A single or one-way vehicle movement to or from a property or study area. Trips can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.

UNIFORM CONSTRUCTION CODE: The New Jersey Uniform Construction Code, N.J.S.A. 40A:12-27 (N.J.A.C. 5.23-1.1 et seq.). Editor's Note: See N.J.S.A. 52:27D-119 et seq.

ULI: Urban Land Institute.

USCGS (ALSO USC&G AND USC&GS): United States Coast and Geodetic Survey.

USE: The specific purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

USABLE BUILDING AREA: The sum of the gross horizontal area of each floor of a nonresidential building exclusive of the following: major vertical penetrations (such as stairwells and elevator shafts); floor space used for mechanical equipment needed in the operation of the building; cellar, basement, or attic space not intended for human occupancy and having a clear standing headroom of seven feet or less; and architectural amenities such as atrium or lobby space or common spaces designed for the public convenience such as covered walkways or colonnades.

UTILITIES: Essential services including, but not limited to sanitary and storm sewers, water, electricity, gas, cable television and telephone, regulated by the Board of Public Utility Commissioners.

VARIANCE: Permission to depart from the literal requirements of zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70c and 40:55D-70d.

WALL SIGN: Any sign which is affixed to an exterior wall of any building, not projecting more than one foot beyond the building wall.

WAREHOUSE: Any structure designed for or utilized primarily for the storage of goods and materials. The term shall include self-storage, mini, or other form of commercial warehouse activities.

WATERCOURSE: Channel, brook, stream, river or canal for the conveyance of water, particularly drainage lands.

WETLANDS (NONTIDAL OR FRESHWATER): An area regulated by the New Jersey Freshwater Wetlands Act (N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

WHOLESALE: The sale of goods primarily to customers engaged in the business of reselling the goods.

WINDOW SIGN: A sign which is part of or affixed or attached to the interior or exterior of a window or otherwise part of a window and located within 18 inches of the interior of the window and which can be seen from a public street or public parking facility.

WIRELESS TELECOMMUNICATIONS TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

WOODED AREA: An area of contiguous wooded vegetation where trees are at a density of at least one six-inch or greater caliper tree per 325 square feet of land and where the branches and leaves form a contiguous canopy.

WOODED AREA MATURE: A wooded area where 30% or more of the trees have a sixteen-inch caliper or greater.

YARD: The space which lies between a principal building or structure and the nearest lot line. A yard is to be unoccupied and unobstructed from the ground upward except as herein permitted. Yards will be identified as either front yard, side yard, or rear yard.

YARD, FRONT: A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of a building or structure. The depth of the front yard shall be measured at right angles to the front line of the lot.

YARD, REAR: A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of a building or structure. The depth of a rear yard shall be measured between the rear line of the lot or the entire line of the alley, if there is an alley, and the rear line of the building.

YARD, SIDE: An open, unoccupied space between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

ZONE: The same as district.

ZONE OVERLAY AREA, OVERLAY DISTRICT or OVERLAY ZONE: An area designated by the Zoning Ordinance of the Township which covers a portion of, or all of, one or more underlying zone districts. Within a zone overlay area, development is subject to the control of certain additional uniform regulations and requirements which supplement the underlying zone requirements and standards.

ZONING OFFICER: The municipal official designated to enforce the provisions of this chapter.

ZONING PERMIT: A document signed by the Zoning Officer:
[Amended 5-25-2005 by Ord. No. 2005-16]

A. Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and

B. Which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency.

§ 95-3 ARTICLE III: Administration.

§ 95-3.1 Planning Board.

A. Establishment. The Planning Board presently in existence pursuant to N.J.S.A. 40:55D-23 is hereby continued to consist of nine members of the following four classes and two alternates:

(1) Class I: the Mayor.

(2) Class II: one of the officials of the Township other than the Mayor or a member of the Township Committee to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members or alternate members.

(3) Class III: a member of the Township Committee to be appointed by it.

(4) Class IV: six other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one member may be a member of the Zoning Board of Adjustment and one may be a member of either the Board of Education of either the Freehold Regional High Schools or the Manalapan-Englishtown Regional Schools. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.

(5) Alternates.: The Mayor shall also appoint two alternate members who shall meet the qualifications of Class IV members. Alternate members shall be designated by the Mayor at the time of appointment as "Alternate No. 1" and "Alternate No. 2."

B. Terms.

(1) The term of the member composing Class I shall correspond to his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.

(2) The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.

(3) The terms of all Class IV members first appointed pursuant to N.J.S.A. 40:55D-23 shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment as determined by resolution of the Township Committee; provided, however, that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

(4) The terms of alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.

(5) Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

C. Conflicts.

(1) No member or alternate member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

(2) If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by Subsection C(1) above from acting on a matter due to the member's personal or financial matter therein, regular members of the board of adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are 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 regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.

D. Vacancies. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term only.

E. Removal. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Township Committee for cause.

F. Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.

G. Planning Board Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney who shall be an attorney other than the Township Attorney. The Board shall not expend an amount, exclusive of gifts or grants, in excess of the amount appropriated by the Committee for its use.

H. Expenses, experts and staff. The Township Committee shall make provisions in its budget and appropriate funds for the expenses of the Planning Board. The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.

I. Powers and duties. The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. The Planning Board shall have the following powers and duties:

(1) To prepare, and after public hearing, adopt or amend a Master Plan or component parts thereof, to guide the use of lands within the Township in a manner which protects public health and safety and promotes the general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28.

(2) To administer site plan and land subdivision review in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37 through 40:55D-59.

(3) To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.

(4) To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.

(5) To consider and make report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a). The report shall include identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Township Committee, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Township Committee from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.

(6) To participate in the preparation and review of programs or plans required by state or federal law or regulations.

(7) To assemble data on a continuing basis as part of a continuing planning process.

(8) To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-29.

(9) When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

(a) Variances pursuant to N.J.S.A. 40:55D-70(c).

(b) Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit for building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

(c) Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.

Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.

(10) Review of capital projects pursuant to N.J.S.A. 40:55D-31.

(11) To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other Township bodies, agencies, or officers.

(12) The Township Committee may, by ordinance, provide for the reference of any matters or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority hereon except for any matter under the jurisdiction of the Board of Adjustment. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.

J. Citizens Advisory Committee. The Mayor may appoint one or more persons as a Citizens Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.

K. Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

L. Simultaneous review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.

M. Referrals from Zoning Board of Adjustment.

(1) The Planning Board shall receive and act on all referrals from the Zoning Board of Adjustment in a timely manner so that the Zoning Board will receive the advice of the Planning Board within 45 days of the referral.

(2) The Planning Board shall review the material referred and may make recommendations to the Zoning Board of Adjustment in writing and/or at the public hearing on the application. The Planning Board's recommendations may contain the Planning Board's opinion as to the compatibility of the proposal to the Master Plan; applications which may have been or are currently being processed by the Planning Board for similar uses; land use, traffic and other data relevant to the application which the Planning Board has in its files; and what conditions, if any, the Planning Board recommends be imposed on the applicant to improve compatibility with the Master Plan and this chapter should the Zoning Board of Adjustment grant the variance.

§ 95-3.2 Zoning Board of Adjustment.

A. Establishment. The Zoning Board of Adjustment presently in existence pursuant to N.J.S.A. 40:55D-69 is hereby continued to consist of seven regular members and two alternate members who shall be residents of the Township and appointed by the Mayor and confirmed by the Township Committee.

B. Terms. The members of the Board of Adjustment shall continue until their respective terms expire. Thereafter, the term of each member shall be four years from January 1 of the year of their appointment. The terms of members first appointed under this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years and the term of each alternate member shall be two years.

C. Alternates.

(1) The Mayor may appoint and the Committee confirm two alternate members who shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." Alternate members shall meet the same qualifications as regular members.

(2) Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

D. Conflicts.

(1) No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. No member may hold elective office or position under the municipality.

(2) If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by 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 are 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.

E. Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only, as here and above provided.

F. Removal. A member may, after public hearing if he requests it, be removed by the Township Committee for cause.

G. Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall select a Secretary who may or may not be a Board member or another municipal employee.

H. Board of Adjustment Attorney. There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint, fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Township Attorney. The Board shall not, however, expend an amount exclusive of gifts or grants, in excess of the amount appropriate by the Township Committee for its use.

I. Expenses, experts and staff. The Township Committee shall make provision in its budget and appropriate funds for the expenses of the Board of Adjustment. The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.

J. Rules and regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.

K. Powers of the Zoning Board of Adjustment.

(1) The Board of Adjustment shall have the power to:

(a) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the provisions of this chapter adopted pursuant to N.J.S.A. 40:55D-62 through 40:55D-68.

[1] Appeals to the Board of Adjustment may be taken by an interested party. Each appeal shall be taken within the 20 days prescribed by N.J.S.A. 40:55D-72 by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of the notice with the Secretary of the Board of Adjustment. The notice of appeal shall specify the grounds for the 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.

[2] An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.

[3] The Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq., reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from, and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the Administrative Officer from whom the appeal was taken.

(b) Hear and decide requests for interpretation of the zoning map or zoning provisions of this chapter adopted pursuant to N.J.S.A. 40:55D-62 through 40:55D-68, or for decisions upon other special questions upon which such Board is authorized by this chapter to pass.

(c) Grant, upon an application or an appeal, relief from regulations pursuant to N.J.S.A. 40:55D-62 through 40:55D-68, except those departures enumerated in N.J.S.A. 40:55D-70d, where:

[1] The strict application of such regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of a property for any of the following reasons:

[a] By reason of exceptional narrowness, shallowness or shape of the specific piece of property; or

[b] By reasons of exceptional topographic conditions or physical features uniquely affecting the specific piece of property; or

[c] By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon; or

[2] The purposes of N.J.S.A. 40:55D-1 et seq. would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment.

(d) Grant, upon an application or an appeal, in particular cases and for special reasons, by affirmative vote of at least five members, a variance to allow departures from regulations pursuant to N.J.S.A. 40:55D-62 through 40:55D-68 to permit the following:

[1] A use or principal structure in a district restricted against such use or principal structure;

[2] An expansion of a nonconforming use;

[3] Deviation from a specification or standard pertaining solely to a conditional use;

[4] An increase in the permitted floor area ratio;

[5] An increase in the permitted density 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

[6] A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.

No variance or other relief may be granted under the terms of N.J.S.A. 40:55D-70d 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 zone plan and this chapter. In respect to any airport safety zones delineated under the Air Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section, permitting the creation or establishment of a nonconforming use which would be prohibited under standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.

(2) The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through 40:55D-59 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the 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 zone plan and zoning regulations. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to the aforesaid Subsection d of N.J.S.A. 40:55D-70 shall not be required.

(3) The Board of Adjustment shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved on the Official Map.

(4) The Board of Adjustment shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.

L. Annual report on variances heard by Zoning Board of Adjustment. The Zoning Board of Adjustment shall, at least once a year, review its decision on applications and appeals for variances and prepare and adopt by resolution a report on 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 Zoning Board shall send copies of the report and resolution to the Township Committee and the Planning Board.

M. Appeals from the Zoning Board of Adjustment to the Township Committee. Any interested party may appeal to the Township Committee any final decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70. Such appeal shall be made and processed in accordance with N.J.S.A. 40:55D-17.

§ 95-3.3 Provisions applicable to both Planning Board and Zoning Board of Adjustment.

A. Meetings.

(1) Every municipal agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process.

(2) The municipal agency may provide for special meetings, at the call of the Chairman, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.

(3) No action shall be taken at any meeting without a quorum being present.

(4) All action shall be taken by a majority vote of members of the municipal agency present at the meeting except as otherwise required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and N.J.S.A. 40:55D-17e, 40:55D-26a and b and 40:55D-70d. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.

(5) All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, N.J.S.A. 10:4-6 et seq.

(6) An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of N.J.S.A. 40:55D-1 et seq.

B. Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Officer (Planning Board or Board of Adjustment Secretary). Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes in an amount sufficient to cover the cost of such reproduction of the minutes for his use.

C. Hearings.

(1) Required hearings. The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development.

(2) Rules for conducting hearings. The Planning Board and Board of Adjustment shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.

(3) Filing of documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer (Planning Board or Board of Adjustment Secretary). The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

(4) Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq. shall apply.

(5) Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witness.

(6) Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

(7) Verbatim recording. The municipal agency shall provide for the verbatim recording of the proceedings by either a stenographer or by mechanical or electronic means. The municipal agency shall furnish a transcript or duplicate recording in lieu thereof, on request to any interested party at his expense, provided that the Township Committee may provide by ordinance for the municipality to assume the expense of any transcripts necessary for approval to the Township Committee pursuant to N.J.S.A. 40:55D-17 of decisions by the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70d, up to a maximum amount as specified by the ordinance.

(8) Transcript charge. The municipal agency in furnishing a transcript of the proceeding to an interested party at his expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15 as amended. Editor's Note: Repealed by L. 1991, c. 119. See N.J.S.A. 2B:7-4. The transcript shall be certified in writing by the transcriber to be accurate. Editor's Note: See Ch. 102, Fees. Art. I.

(9) Voting eligibility. A member or alternate member of a municipal agency who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member or alternate member has available to him or her the transcript or recordings of all of the hearing from which he or she was absent, and certifies in writing to the municipal agency that he or she has read such transcript or listened to such recording.

D. Notice requirements for hearing. Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least 10 days prior to the date of the hearing in accordance with the following:

(1) Public notice of a hearing on an application for development shall be given for all of the following:

(a) Appeal or variance pursuant to N.J.S.A. 40:55D-70.

(b) Directive for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.

(d) Preliminary major subdivision plats.

(e) Preliminary major site plans.

(f) General development plan.

(g) Final major site plan pursuant to N.J.S.A. 40:55D-50.

[Added 7-26-2006 by Ord. No. 2006-05]

(2) Public notice shall be given by publication in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township.

(3) Manner of giving notice.

(a) Notice of a hearing requiring public notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to:

[1] The condominium association, in the case of any unit owner whose unit has a unit above or below it; or

[2] Horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.

(b) Notice shall be given by:

[1] Serving a copy thereof on the owner as shown on the said current tax duplicate or his agent in charge of the property; or

[2] Mailing a copy thereof by certified mail to the property owner at his address as shown on the the current tax duplicate. A return receipt is not required.

(c) Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.

(4) Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

(5) Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on all applications for development of property adjacent to an existing county road or proposed road shown on the official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.

(6) Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a state highway.

(7) Notice shall be given by personal service or certified mail to the State Planning Commission of any hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Administrative Officer pursuant to N.J.S.A. 40:55D-10b.

(8) Notice to public utilities and cable television companies shall be provided as follows: Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan requiring public notice pursuant to this chapter shall be given, in the case of a public utility, cable television company, or local utility which possesses a right-of-way or easement within the municipality and which have registered with the municipality in accordance with Section 5 of P.L. 1991, c. 412 (N.J.S.A. 40:55D-12), by:

(a) Serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company, or local utility; or

(b) Mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

(9) The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12 and of this chapter.

(10) Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

(11) Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.

(12) Notice pursuant to Subsection D(4), (5), (6) and (7) above shall not be deemed to be required, unless public notice pursuant to Subsection D(1) and (2) and notice pursuant to Subsection D(3) above are required.

(13) List of property owners furnished. Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this chapter. In addition, the Tax Assessor shall include on the list the names, addresses and position of those persons who, no less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection D(8) above, notice to the public utilities, local utilities and cable television companies. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee shall be charged for such list.

E. Decisions. Each decision on any application for development shall be reduced to writing and shall include findings of facts and conclusions based thereon.

(1) Reduction to writing.

(a) Reduction to writing shall be accomplished through:

[1] A resolution adopted at a meeting held within the applicable time period for taking action on the application for development; or

[2] A resolution adopted at a meeting held not later than 45 days after the date of the meeting at which action to grant or deny approval was taken memorializing the action.

(b) Where the agency fails to adopt a resolution, any interested party may apply to Superior Court in a summary manner for an order compelling the agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.

(2) The following members shall be eligible to vote on the resolution:

(a) Where the action taken resulted from the failure of a motion to approve an application those members voting against the motion for approval shall be the members eligible to vote on the resolution.

(b) In all other circumstances, only the members who voted for the action taken shall be eligible to vote on the resolution.

(3) The following shall apply to adoption of the resolution:

(a) The vote on a resolution shall be deemed to be a memorialization of the action of the agency and not to be an action of the agency.

(b) The vote of a majority of those eligible members who are present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.

(c) The date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required.

(4) Copies of the decision shall be distributed by the Administrative Officer (Planning Board or Board of Adjustment Secretary) as follows:

(a) A copy shall be mailed within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge.

(b) A copy shall be filed in the office of the Administrative Officer and be made available for public inspection during reasonable hours.

(c) A copy shall be made available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy.

(5) A brief notice of the decision shall be published in the official newspaper(s) of the Township.

(a) Such publication shall be arranged and proof of publication shall be obtained by the Administrative Officer (Planning Board or Board of Adjustment Secretary). The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

(b) Such notice shall be published within 30 days of the date of decision, or 20 days of the date of mailing of a copy of the decision by the Administrative Officer (Planning Board or Board of Adjustment Secretary), whichever is later, or within such other appropriate period as may be determined by the municipal agency at the time of decision.

F. Conditional approvals.

(1) In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application for development complies with the provisions of this chapter, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.

(2) In the event that development proposed by an application for development requires an approval of a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the municipal agency shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law. Any significant change required by a regulatory agency will require resubmission for municipal agency approval.

(3) Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

(4) The municipal agency may impose such other conditions as it deems appropriate.

(5) In all cases the municipal agency shall include a condition of approval setting forth the time within which all conditions of approval must be satisfied by the applicant. Failure of the applicant to meet all conditions of approval within the time specified or within such extensions thereof as the municipal agency may, from time to time, grant upon the request of the applicant shall render any approvals null and void.

G. Tolling of running of period of approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with the development, the running of the period of approval shall be suspended for the period of time the legal action is pending or such directive or order is in effect.

H. Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.

I. Time for decision. After the date an appeal is taken from the decision of a municipal officer or the submission of a complete application for development to the Administrative Officer, the approving authority shall render its decision within the maximum number of days as specified below or within such further time as may be consented to by the applicant. Where more than one type of application is involved, the longer time period shall apply.

Type of Application			Time Period (days)
Site plans
	Minor		45
	Preliminary approval		45
		(10 acres or less, 10 units or less)
	Preliminary approval		95
		(more than 10 acres or 10 units)
	Final approval		45
Subdivisions
	Minor		45
	Preliminary approval		45
		(10 lots or less)
	Preliminary approval		95
		(more than 10 lots)
	Final approval		45
Conditional use authorization			95
Variance			120
	Appeal from the decision of a municipal officer		120
	Direction for issuance of a building permit		120
	General development plan		95

J. Separation of applications. A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. 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 zone plan. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in Subsection H above.

K. Time for exercise of variance. Any variance from the terms of any ordinance hereafter granted permitting the erection or alteration of any building, structure or structures or permitting a specified use of any premises, shall expire by limitation, unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced within 12 months from the date of entry of the decision provided, however, that the running of the period of limitation herein provided shall be suspended from the date of filing and appeal from the decision to the Township Committee or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding. Where the variance is part of a subdivision or site plan approval, the period of limitation shall coincide with the approval specified in Article IV.

§ 95-3.4 Certificates and permits.

A. Zoning permit.

[Amended 5-25-2005 by Ord. No. 2005-16]

(1) Zoning permits or approval shall hereafter be secured from the Zoning Officer prior to:

(a) Application for and/or issuance of any building permit except for minor work or ordinary repairs as defined in the Uniform Construction Code.

(b) The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure.

(d) Application for and/or issuance of any permit for erection of a fence.

(e) Any change in use or change in nonresidential occupancy.

(f) The excavation, removal, or addition of soil or fill to or from any site exceeding 10 cubic yards or any alteration exceeding 5,000 square feet in the natural condition of any undeveloped parcel of land including but not limited to the alteration of drainage patterns, removal of soil, regrading, and removal of trees and ground cover; provided, however, that such alterations located on and necessary to the operation of a farm as defined in this chapter shall not require a zoning permit.

(g) Any use of any portion of any parcel of land for any activity regulated by this chapter.

(h) The construction of any site improvement either above or below ground.

(i) The issuance of any certificate of occupancy where no building permit was previously required.

(2) An application for zoning permit shall be in writing by the owner or his authorized agent and include the following unless the Administrative Officer determines that a particular item is not needed in order to make a decision:

(a) A statement of the use or intended use or uses of the building, structure or land.

(b) An elevation drawn to scale of the building or structure to be erected including signs to be placed thereon and their content and manner of construction.

(c) A plan drawn to scale no smaller than one inch equals 50 feet showing all proposed and/or existing buildings, signs, parking areas, setbacks, and yard distances in exact location to street and lot lines. The plan should be prepared by a New Jersey licensed engineer, surveyor, architect or planner or be based on a plan prepared by the same.

(d) The proportion of existing and proposed lot coverage.

(e) The location of any wetlands, easements, or floodplains.

(3) The Zoning Officer shall take action on a complete application for a zoning permit or approval within 10 days of its submission.

(4) Prior to issuance of a zoning permit, the applicant shall have, where applicable, secured all other required permits including, but not limited to:

(a) Access permit from the New Jersey Department of Transportation and/or Monmouth County Highway Department.

(b) Drainage permits from the New Jersey Department of Transportation and/or Monmouth County Highway Department.

(d) Wetlands permit from the New Jersey Department of Environmental Protection.

(e) Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.

(f) Land disturbance permit from the Freehold Area Soil Conservation District.

(5) Prior to the issuance of a zoning permit, the applicant shall have secured all approvals required by this chapter, posted and made current all escrow and inspection fees, and shall have met any and all conditions of any municipal agency approval.

(6) The zoning permit fees shall be $45 for the following:

(a) Residential alterations/additions;

(b) Decks;

(d) Certificate of nonconformity;

(e) Fences;

(f) Sheds;

(g) Ornamental landscape structures;

(h) Pools;

(i) Driveways;

(j) Patios/flat work;

(k) Signs;

(l) Garage/yard sales;

(m) Accessory structures;

(n) Sports courts;

(o) Tennis courts;

(p) Demolition;

(q) Excavation, removal or addition of soil or fill exceeding 10 cubic yards, or alteration exceeding 5,000 square feet on any undeveloped parcel of land;

(r) Temporary sales of outdoor holiday items or trees;

(s) Temporary trailers.

(t) The minimum zoning fee for anything not specifically listed above which may be subject to zoning review and/or permit shall be $45.

B. Certificates as to approval of subdivision of land.

(1) The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative Officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner thereof.

(2) The Administrative Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

(3) Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land," and shall certify:

(a) Whether there exists in the Township a duly established Planning Board and whether there is an ordinance controlling subdivision of and adopted under the authority of N.J.S.A. 40:55D-1 et seq.

(b) Whether the subdivision, as it relates to the land shown in the application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.

(c) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by N.J.S.A. 40:55D-1 et seq.

(4) The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee in accordance with the fee schedule.

(5) Any person who shall acquire for a valuable consideration an interest in the lands covered by such certificates of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to the provisions of N.J.S.A. 40:55D-55.

(6) If the Administrative Officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to N.J.S.A. 40:55D-55.

(7) Any such application addressed to the Township Clerk shall be deemed to be addressed to the proper designated officer and the Township shall be bound thereby to the same extent as though the same was addressed to the designated official.

C. Construction permit.

(1) No construction permit shall be issued unless the applicant shall have first secured a zoning permit or approval and posted all required escrows and fees.

[Amended 5-25-2005 by Ord. No. 2005-16]

(2) No building or structure shall be erected, added to, or structurally altered until a permit thereon has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the New Jersey State Uniform Construction Code (N.J.A.C. 5:23-2.14).

D. Certificate of occupancy.

(1) Zoning permit required. No certificate of occupancy shall be issued for the use of any building, structure or land unless a zoning permit or approval shall have first been issued for the use of such building, structure, or land and all fees and escrows associated with the zoning permit are posted and current.

[Amended 5-25-2005 by Ord. No. 2005-16]

(2) Uses and occupancies after the effective date of this chapter. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official.

(a) Such certificates shall be issued upon application by the owner, prospective occupant, or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Uniform Construction Code and other codes and ordinances affecting construction and occupancy, including a favorable report from the Township Engineer as to public improvements, quasi-public improvements, site access, grading, and other conditions subject to engineering inspection.

(b) Temporary certificate of occupancy may be issued pursuant to the provisions of this chapter for any structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with.

(3) Existing uses at the time of passage of this chapter or any amendments thereto. The prospective purchaser, prospective mortgagee, or any other person interested in any land or structure may apply in writing for the issuance of a certificate certifying that the use or structure legally existed before the adoption of the ordinance or the amendment and certifying the extent and kind of use. The applicant shall have the burden of proof. Application pursuant hereto shall be made to the Zoning Officer within one year of the adoption of the chapter or the amendment or at any time to the Board of Adjustment and shall be accompanied by the established fee. A denial by the Zoning Officer shall be appealable to the Board of Adjustment pursuant to N.J.S.A. 40:55D-72 et seq.

(4) Change of nonresidential occupancy. Whenever there occurs a change in the occupancy or use of a nonresidential building, structure or land, a new certificate of continued occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such certificate if the Administrative Officer determines such change in occupancy is not a "change in use," as defined in subsection 95-2.4 of this chapter, and that the applicant has met the requirements of the applicable regulations.

(5) Scope of certificate of continued occupancy. The certificate of continued occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.

(6) Improvement required. No permanent certificate of occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter as reported to the Construction Official by the Township Engineer. A temporary certificate of occupancy may be issued to permit occupancy for a period not to exceed one year. If at the end of that period the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties herein defined by this chapter.

E. Soil erosion and sediment control plan certification. Where required, a soil erosion and sediment control plan certification shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a development permit shall have first been issued for the subdivision, building, structure or use. See Chapter 192, Soil Erosion and Sediment Control, for details of the certification process.

§ 95-3.5 Records.

A. Records kept by Administrative Officer. It shall be the duty of the Administrative Officer or his designee to keep a record of all applications, all actions of the municipal agencies, all complaints, all violations noted and a record or any action taken thereon and all development permits issued together with a notation of all special conditions involved. He shall file and safely keep all copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Township Committee and of other officials of the Township.

B. Monthly report of Administrative Officer. The Administrative Officer or his designee shall prepare a monthly report for the Township Committee, summarizing for a period since his last previous report all development permits issued and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the Township Administrator, Tax Assessor, Planning Board, Zoning Board of Adjustment, Code Enforcement Officer, Construction Official and Engineer at the same time it is filed with the Township Committee.

§ 95-3.6 Enforcement.

The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred by this chapter, and as reasonably may be implied. In no case shall a development permit be granted for a subdivision or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this chapter. It shall be the duty of the Zoning Officer or his designee to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of this chapter, and the Officer shall have the right to enter any buildings or premises during the daytime, or other normal business hours of the premises, in the course of performing these duties.

§ 95-3.7 Interpretation.

In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience, and general welfare of the Township. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive of those imposing the higher standard shall govern.

§ 95-3.8 Conflict with other laws: repealer.

Former Chapter 130, Land Use and Development, and Chapter 184, Signs, Editor's Note: Chapters 130 and 184 appeared as such in the 1993 Code of the Township of Manalapan. are hereby repealed in their entirety and any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except as provided, and, except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.

§ 95-3.9 Violations and penalties.

A. For any and every violation of the provisions of this chapter, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation shall exist, shall for each and every day that such violation continues, be subject to a fine of not more than $1,000 or be imprisoned for a term not exceeding 90 days, or both.

B. It shall be a violation of the provisions of this chapter to:

(1) Engage in any of the activities referred to in § 95-3.4A prior to issuance of a development permit.

(2) Engage in any of the activities referred to in § 95-5.2C, D and E.

(3) Engage in any of the activities referred to in § 95-7.3A(1), (2) and (3) prior to issuance of a development permit.

(4) After approval of a development permit, fail to follow, during construction, the approved site or subdivision plans and/or observe any and all conditions of approval contained in any resolution of the municipal agency.

(5) Fail to observe the provisions of Article VII.

(6) Fail to observe any direction of the Administrative Officer or his designee with regard to the suspension of any work not in conformance with approved plans or the conditions of any resolution of the municipal agency or of the development permit.

(7) Fail to observe any direction of the Administrative Officer or his designee with regard to the correction, including any time limits imposed for such correction, of any work not in conformance with the approved plans or the conditions of any resolution of the municipal agency or of the development permit.

(8) After completion of a development, fail to operate and maintain the site in conformance with the approved plans, any condition of resolution of the municipal agency or of the development permit and/or any of the provisions or applicable design standards set forth in Articles VII, VIII and IX of this chapter. The above shall not be construed to be an exhaustive list of those activities or actions or omissions which constitute violations of this chapter. Engaging in other activities prohibited by, or failure to engage in other activities required by, this chapter shall also be considered violations.

C. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed $1,000 and each lot so made may be deemed a separate violation.

(1) In addition to the foregoing, the municipality may institute and maintain a civil action:

(a) For injunctive relief; and

(b) To set aside and invalidate any conveyance made pursuant to such a contract of sale provided a certificate as to the approval of subdivision has not been issued in accordance with this chapter.

(2) In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

D. If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the municipal agency or the Township Committee may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.

E. If the developer or agent of the developer shall, after notification by certified mail from the Zoning Officer or Township Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property; continue to carry on the activities specifically included in cessation order(s) from the Zoning Officer or Township Engineer; then any such developer or agent of such developer shall be subject to a fine not to exceed $500 or to imprisonment for not more than 90 days. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order shall be considered a separate and specific violation.

§ 95-3.10 Amendments.

All amendments to this chapter and to the Zoning Map, which forms a part hereof, shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. The map and schedule of area, yard and building requirements may be amended and supplemented by description and reference thereto, without republication of the entire map or detailed test of the schedule.

§ 95-3.11 Validity of ordinance.

If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.

§ 95-3.12 Effect on pending and new applications.

A. Effect on new applications. After the effective date of this chapter, all new applications, and any pending applications which have not been approved, shall be subject to all the provisions of this chapter, except as provided by Subsection B.

B. Effect on pending applications.

(1) If the provisions of this chapter cause there to be a change in the classification of a pending application or require additional variances or result in greater deviations from the standards for a pending variance application, the pending application shall be denied. The applicant may submit a new application subject to all the provisions of this chapter.

(2) If the provisions of this chapter require additional design exceptions or waivers or create greater deviations from standards for a pending design waiver or design exception, the pending application shall be considered denied, and the Administrative Officer shall so notify the applicant. However, the pending application may be continued, provided that:

(a) The applicant submits within 30 days of the effective date of this chapter an amended application including a statement justifying the waivers or exceptions; and

(b) The Board shall be required to act within 60 days of the effective date of this chapter or within the time limits originally applicable to the pending application, whichever is later.

(3) If the provisions of this chapter do not cause there to be a change in the classification of a pending application or require additional variances or result in greater deviations from the standards for a pending variance application or require additional design exceptions or waivers or create greater deviations from standards for a pending design waiver or exception application, the pending application may be continued subject to the provisions of the regulations in effect prior to the adoption of this chapter and to the time limits originally applicable to the pending application.

C. Approvals granted after the effective date of this chapter. All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.

§ 95-3.13 Copy to be filed with County Planning Board.

Upon adoption of this chapter, and any amendments, the Township Clerk shall file a copy with the Monmouth County Planning Board as required by N.J.S.A. 40:55D-16. Any zoning ordinance or amendment or revision which in whole or in part is inconsistent with or not designed to effectuate the land use plan element and housing plan element of the Master Plan shall not take effect until a copy of the resolution required by N.J.S.A. 40:55D-62 shall be filed with the Monmouth County Planning Board.

§ 95-3.14 Fees, deposits and other charges.

[Amended by Ord. No. 95-12; Ord. No. 95-20, Ord. No. 95-21; Ord. No. 98-21; Ord. No. 2000-07]

A. Fees due at time of filing. The fees and other charges contained in this section shall be due and payable to the Township of Manalapan at the time of filing the application for development or appeal. Prior to the Planning Board, Zoning Board of Adjustment or Township Committee rendering a decision on an application for development or appeal, the Secretary or Clerk of the Board or of the Committee shall certify on the record that all of the required fees, deposits required and other charges have been paid. If not previously paid, the Board or Committee shall not render a final decision granting the relief requested until the applicant or appellant has paid the required deficient fees or given his assurance of payment to the Board or Committee in a form satisfactory to the Board or Committee.

B. Fees to equal sum of fees for each class of application made. All fees set forth are for various application classes, and if an application has a request for approval of more than one class, the fee to be paid shall be equal to the sum of the fee for each class.

(1) (Reserved)

[Amended 5-25-2005 by Ord. No. 2005-16]

(2) Minor subdivision and major subdivision application fees shall be as follows:

(a) Fees:

[1] Fee for a minor subdivision shall be $250, plus $50 per lot; if approved by the board, an additional fee of $100 per lot shall be paid to the Township prior to signature on the deed.

[2] Informal review fee for a major subdivision shall be $100, plus $15 per unit.

(b) Submission of revised plats. A fee of 1/2 the original application fee shall be paid to the Township for all amended applications which have not been granted approval.

(3) Major subdivision preliminary and final application fees are as follows:

(a) Preliminary plat. The fee shall be $150, plus $50 per unit.

(b) Extension of a preliminary plat approval as set forth and defined in N.J.S.A. 40:55D-49 shall be 1/2 of the original application fee.

(d) The fee for the extension of final plat (N.J.S.A. 40:55D-52) approval for purpose of recording plats shall be $200.

(e) The fee for the submission of revised plat (preliminary or final) which has not received approval shall be 1/2 of the original application fee for the stage of application (preliminary or final).

(4) Site plan application fees are as follows:

(a) Preliminary site plan application.

[1] Nonresidential use. A fee shall be paid at the time of filing an application for site plan approval as follows:

[a] $150 for change of use and/or any site improvements not including building addition.

[b] $400 for any application proposing a new building or addition to an existing building having a gross floor area of less than 5,000 square feet.

[c] $600 for any application proposing a new building or addition to an existing building having a gross floor area of 5,000 square feet or more but less than 10,000 square feet.

[d] $1,000 plus $100 for each 1,000 square foot interval or fraction thereof of building or addition to an existing building having a gross floor area of 10,000 square feet or more.

[2] Residential use fee shall be $200, plus $10 per unit up to 500 units and $5 per unit thereafter. This fee shall apply to any development application proposing residential use and which requires site plan approval.

(b) Final site plan application. The fee shall be 1/2 the original filing fee for preliminary site plan application.

(c) Submission of amended site plan. The fee shall be 1/2 of the original application fee for the stage of application (preliminary or final). This fee is for the amendment of any plan or plans that have not been granted approval.

(d) Extension of site plan approval as set forth and defined in N.J.S.A. 40:55D-49 and 40:55D-52. The fee shall be 1/2 of the original application fee for the stage of application (preliminary, minor or final).

(e) Engineering inspection fees shall be paid by all applicants prior to the work commencing on the site. The fee shall be based upon the Engineer's estimate of all standard outside improvements, including landscaping but not including lighting, signs, fencing, etc. The inspection fees to be paid shall be equal to 5% of the cost of the improvements as estimated by the Engineer.

(5) Conditional use permits: $100.

(6) Applications for variances (per building lot for which variances are required):

(a) Existing one- or multifamily residential use in a residential zone permitting such use (N.J.S.A. 40:55D-70c): $25 per dwelling unit.

(b) Existing one- or multifamily residential use in a zone not permitting such residential use (N.J.S.A. 40:55D-70d): $50 per dwelling unit.

(c) New one- or multifamily residential use in a residential zone permitting such use (N.J.S.A. 40:55D-70c): $50 per dwelling unit.

(d) New one- or multifamily residential use in a zone not permitting such use (N.J.S.A. 40:55D-70d): $75 per dwelling unit.

(e) All other variances applied for pursuant to N.J.S.A. 40:55D-70c other than as covered by Subsection B(6)(a) through (d) above (per building lot): $50.

(f) All other variances applied for pursuant to N.J.S.A. 40:55D-70d other than as covered by Subsection B(6)(a) through (d) above (per building lot): $100.

(g) Application for new construction pursuant to N.J.S.A. 40:55D-36: $100 per lot or structure.

(7) Application pursuant to N.J.S.A. 40:55D-70a: $25.

(8) Requests for interpretations pursuant to N.J.S.A. 40:55D-70b: $35.

(9) Variance applications for signs where no site plan review is involved, upon filing the application or appeal: $100.

(10) Fee for providing each list of property owners within 200 feet: $10.

(11) Publication of notice of decision on application for development if requested by the applicant: $25.

(12) The municipal agency's expert witnesses hired in accordance with this chapter: deposit amount determined by municipal agency. Fee shall be the actual amount billed to the Township of Manalapan by the expert witness. Copies of stenographic transcripts of proceedings before municipal board or agency: actual cost billed to the Township.

(13) Certificate of approval, subdivision, and preexisting nonconforming uses: $100.

(14) Duplicate recording of proceedings before municipal board or agency: $20 per tape.

(15) Copies of any final decisions or other public documents: fees as established by Chapter 102, Fees, Article I, for copies of public documents and services.

(16) Completeness, technical, or informal review: $50 per review.

(17) Review and approval of performance and maintenance bond materials submitted by developer and/or surety company: $150.

(18) Certified copy of Zoning or Official Tax Map: $5.

(19) Extension of time requested by applicant: $100.

(20) Copy of development regulations: $80 each.

(21) Parking lot approvals. Where not part of application covered by § 95-3.14B(4)(a)[1] or [2]: $0.02 cents per square foot.

(22) Amended plans and applications. Amended plans and applications shall not include:

(a) A submission of a site plan or subdivision plan which previously received approval and the revision is submitted to conform to condition(s) of approval provided escrows have not been released.

(b) A submission for a site plan or subdivision plan which has been revised to comply with technical requirements such as, but not limited to, lighting specifications, paving specifications, drainage facility specifications, landscaping specifications or minor changes which do not require a public hearing provided escrows have not been released.

(23) General development plan application: $2,000.

(24) Master plan or zone change request: $150.

(25) Escrow funds deposit.

(a) General.

[1] The fees, deposits and charges for applications to the Planning Board and Board of Adjustment as provided for by law and established above are nonrefundable and are for purposes of offsetting administrative and clerical costs, exclusive of the legal, planning, engineering and other professional fees, costs and expenses which may be incurred and which are provided for hereinafter.

[2] In addition to the payment of the nonrefundable fees, deposits and charges, applications for site plan or subdivision or general development plan or applications for conditional use approval or for variance pursuant to N.J.S.A. 40:55D-70d where nonresidential use is proposed shall be accompanied by a deposit or escrow funds in accordance with the provisions of this subsection.

[3] All costs, expenses and fees incurred by the Planning Board, Board of Adjustment or Township, or other board, commission agency of the Township, for the services of a planner, engineer, attorney or other professional consultant or expert incurred during the development review process shall be paid by the Planning Board, Board of Adjustment or Township from the escrow funds.

[4] Escrow funds deposited under this subsection shall not be utilized to pay inspection costs required during the construction process.

(b) Applicability of escrow funds and escrow amounts. Escrow funds in the amount specified herein shall be required at the time of filing of the following applications:

[1] Preliminary major subdivision application or preliminary site plan application, conditional use and/or use variance for residential use or an amended application for any of the aforementioned categories.

	Number of Lots or Units	Escrow Amount
	10 or fewer	$3,000 plus $100 per lot or unit
	11 to 25	$3,000 plus $75 per lot or unit
	26 to 100	$5,000 plus $60 per lot or unit
	In excess of 100	$7,500 plus $50 per lot or unit

[2] Final major subdivision application or final site plan application for residential use or an amended application for any of the aforementioned categories.

	Number of Lots or Units	Escrow Amount
	10 or fewer	$3,000 plus $75 per lot or unit
	11 to 25	$3,000 plus $60 per lot or unit
	26 to 100	$3,000 plus $50 per lot or unit
	In excess of 100	$3,000 plus $40 per lot or unit

[3] If a development application contains lots or units restricted to low- or moderate-income households, as generally defined by the zoning ordinances of the Township of Manalapan, those lots or units so restricted shall not be included in the computation of the required escrow amount.

[4] Nonresidential preliminary site plan approval, conditional use approval or variance application pursuant to N.J.S.A. 40:55D-70d.

	Gross Floor Area (square feet)	Escrow Amount
	Less than 10,001	$3,000 plus $50 per each 1,000 square feet of floor area or fraction thereof
	10,001 to 50,000	$3,000 plus $400 for each 10,000 square feet of floor area or fraction thereof over 10,001 square feet
	In excess of 50,000	$4,000 plus $300 for each 10,000 square feet of floor area or fraction thereof over 50,001 square feet

[5] Nonresidential final site plan approval: 1/2 the original escrow fee paid at the time of filing preliminary site plan application.

[6] Minor subdivision and minor site applications shall require an escrow fund deposited in the amount of $3,000 except that the amount of $1,500 shall be required for a resubdivision in which lot lines are moved and no new lots are created.

[7] Applications involving more than one of the above categories shall deposit the appropriate escrow amounts required under each category.

[8] (Reserved)

[9] Review of deeds, performance guarantees and preparation of developer's agreement:

[a] Deed only: $100.

[b] Deed, performance guarantees and developer's agreement: $1,500.

[10] Review of a general development plan: $5,000.

[11] Informal review of a concept plan for a minor subdivision or site plan: $500.

[12] Informal review of a concept plan for a major subdivision or site plan: $1,000.

[1] Prior to an application which requires the deposit of escrow funds being determined complete by the Planning Board or Board of Adjustment, the applicant shall post the required escrow amount with the Planning Board Administrative Officer in the form of cash, certified check or money order and the applicant and the property owner shall execute an escrow agreement in the form approved by the Township Attorney.

[2] The applicant shall be required to deposit additional escrow funds when the escrow has been depleted to 20% of the original escrow amount. When escrow funds have been so depleted, the Township Finance Officer shall notify the appropriate Board and the consultants and experts. The consultants and experts shall notify the Township Finance Officer as to additional costs anticipated. The Board shall not take action on the application until additional escrow funds adequate to cover anticipated costs have been deposited by the applicant.

[3] All disbursements to professionals or experts for fees, costs or expenses relating to the processing or review of an application shall be charged against the escrow fund. Upon the request of an applicant, the Township Finance Officer shall furnish the applicant with a statement of all disbursements during the development review process.

[4] All bills, invoices or vouchers submitted by professionals or experts relating to an application shall specify the services performed for the application.

[5] Unit charges (i.e., per diem or hourly fees) of the professional or expert shall be in accordance with unit charges contracted for with the appropriate Board or with the Township.

[6] Upon final action on an application or upon a withdrawal or dismissal of an application, the Township Finance Officer shall provide the applicant with an accounting of escrow funds, which shall list all disbursements.

[7] All escrow funds not expended shall be refunded to the applicant within 30 days after the appropriate Board has taken final action on an application or after a withdrawal or dismissal of an application.

[8] No plans or application shall be reviewed, commented on nor work performed by the Township's professional staff in the absence of adequate escrows. No work may be performed or services rendered after the release of an applicants or developer's escrows. Post release services may only be performed after the posting of new escrows sufficient to cover the services.

(d) The fees, deposits and other charges stated above are to be cumulative, inasmuch as where an application or appeal to a Board contains requests for relief or review under more than one of the subsections [§ 95-3.14B(1) through (24)] and/or other charges and deposits are required, the total fees, other charges and deposits to be paid by the applicant or appellant shall be the cumulative total of the separate charges under each subsection.

(e) The fees to be charged on applications for development where preliminary or final approval has been granted and the applicant or its successor in interest applies for an amendment or supplement to the approved preliminary or final plat or plan shall be 1/2 the fees charged for the original preliminary or final application. Notwithstanding the above, for any plat or plan on which the fees were paid prior to the effective date of this subsection and for which an amendment to the preliminary or final plat or plan is hereinafter applied for, the fees to be charged shall be 1/2 the fees as determined by this subsection as if the applicant had filed his original application as of a date one day following the effective date of this subsection.

(f) Where an application for development is deemed incomplete by the municipal agencies to which the application has been made, due to the drawings and/or sketch plans not conforming to the Manalapan Township Development Regulations, then, for purposes of defraying the costs and fees incurred by the agency in reprocessing the application, the agency may require upon resubmission of the application, the payment by the applicant of additional application fees not to exceed 50% of the fees charged for the application when originally submitted.

(g) Waiver. The Board shall waive or exempt those charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] from the payment of those fees established pursuant to N.J.S.A. 40:55D-8 and more particularly set forth in subsection § 95-3.14B(2) through (24), of this chapter of the Code of the Township of Manalapan. The Board shall not waive the escrow fees required under § 95-3.14B(25).

(h) Application. The waiver or exemption as created by Subsection G above shall apply to only those applications for development which are directly related to a nonprofit purpose or activity. "Board" shall mean those bodies established pursuant to N.J.S.A. 40:55D-23 and N.J.S.A. 40:55D-69.

C. The fee for individual residential lots without subdivision approval, minor subdivision approval or lacking escrow fees posted as a part of a major subdivision approval shall be $500 for review of plot grading plan, driveway/sidewalk inspection, engineering inspection and certificate of occupancy inspection. If and in the event the cost of the inspection shall exceed $500, the applicant shall pay such additional costs based upon the hourly charge to the Township.

D. The fee for irrevocable license permit application pursuant to § 95-7.24D shall be $100 for review of the plan and processing of the application.

§ 95-3.15 Detention/retention basin maintenance fees and escrows.

See § 95-9.3F(11) for fees and escrows for the maintenance of detention and retention basins.

§ 95-4 ARTICLE IV: Procedure.

§ 95-4.1 Purpose.

A. The purpose of this article is to establish the procedure for review and action on applications requiring subdivision, site plan, conditional use, or variance approval. The procedure is intended to provide orderly and expeditious processing of such applications.

B. In all zones for all proposed uses, subdivision, site development or construction other than an "exempt development," site plan and/or subdivision approval shall be required prior to:

(1) Subdivision or resubdivision of land.

(2) Issuance of a development permit or building permit.

(3) Commencement of any regulated use or activity, which includes:

(a) The erection, construction, alteration, repair, remodeling, or conversion of any building or structures;

(b) The use or occupancy of any building, structure or land;

(c) Any activity which entails the construction of any improvements or the alteration of the natural condition of any land;

(d) Demolition or removal of any historic structure or any historic building or historic structure within a historic district as designated on the Master Plan, except that site plan approval shall not be required for individual lot applications for one- or two-dwelling-unit buildings pursuant to N.J.S.A. 40:55D-37.

§ 95-4.2 Preapplication (informal review of concept plan).

A. Informal review by Planning Board. At the request of the applicant, the Planning Board shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development. The purpose of the concept plan is to provide Planning Board or Subdivision and Site Plan Committee input in the formative stages of subdivision and site plan design.

B. Applicants seeking concept plan informal review shall submit the items stipulated in Article XII of this chapter 14 days before the concept plan meeting. These items provide the developer and Planning Board or Subdivision and Site Plan Committee with an opportunity to discuss the development proposal in its formative stages.

C. A brief written summary of the concept plan review shall be provided within 30 working days after the meeting.

D. The applicant will be charged the fee established for concept plan review. The amount of any fee for such informal review shall be a credit towards fees for review of the application for development. Only one concept plan review fee shall be credited.

E. The applicant shall not be bound by any concept plan for which review is requested, nor shall the Planning Board or Subdivision and Site Plan Committee be bound by any such review.

§ 95-4.3 Application.

A. Assignment. The applicant shall have the option of filing an application for development with the Administrative Officer or his designee as to which approvals are required and the appropriate board for hearing same, or of filing an application and proceeding before the board which the applicant believes to be appropriate. The Administrative Officer's or his designee's determination shall be presumed to be correct. The following applications may be filed:

(1) Exempt subdivision.

(2) Minor subdivision.

(3) Preliminary major subdivision.

(4) Final major subdivision.

(5) Minor site plan.

(6) Preliminary major site plan.

(7) Final major site plan.

(8) Conditional use.

(9) Variance.

(10) General development plan.

B. Content. An application for development shall include the items specified in Article XII of this chapter which constitutes a checklist of items to be submitted for subdivision and site plan review. A copy of this checklist shall be completed by the applicant, and submitted with the application form.

C. Complete application.

(1) A subdivision and site plan application shall be complete for purposes of commencing the applicable time period for action when so certified by the Administrative Officer or designee. In the event that the Administrative Officer or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on the checklist of items specified in Article XII, the checklist has been provided in writing to the applicant, and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the municipal agency or its authorized committee shall grant or deny the request within 45 days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary to approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents required by the municipal agency.

(2) An applicant may appeal the Administrative Officer's decision concerning completeness of an application to the municipal agency which has jurisdiction to hear the application. The municipal agency shall have 45 days after the receipt of the written request to schedule a public hearing and determine if the application is complete. The Board shall affirm, modify, or reverse the decision of the Administrative Officer.

§ 95-4.4 Variances.

A. In cases where a proposed development requires Board of Adjustment action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70d or does not involve a site plan or subdivision but requires a variance pursuant to N.J.S.A. 40:55D-70c or requires the direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 or where a party requests Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70a or on an interpretation pursuant to N.J.S.A. 40:55D-70b the applicant shall submit to the Administrative Officer 20 copies of the items required in Article XII of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.

B. The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provision of § 95-4.3C of this chapter.

C. The Board of Adjustment shall render a decision not later than 120 days after the date an appeal is taken from the decision of an Administrative Officer or the submission of a complete application for development to the Board of Adjustment. Failure of the Board to render a decision within a one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

§ 95-4.5 Minor subdivision and minor site plan procedure.

A. Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this chapter shall submit to the Administrative Officer 20 copies of the items required in Article XII of this chapter, together with five copies of the executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.

B. The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of § 95-4.3C of this chapter.

C. All applications for minor subdivisions and minor site plans shall first be reviewed by the Subdivision and Site Plan Review Committee and then referred to the Planning Board for decision.

D. The action of the municipal agency under this section must be taken within 45 days, or 120 days if a variance is required or within such further time as is agreed to by the applicant and the municipal agency. Failure of the municipal agency to act within the period prescribed shall constitute minor subdivision or site plan approval, and a certificate of the Administrative Officer as to the failure of the municipal agency to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

E. Except as provided in Subsection E(1) below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor as specified by N.J.S.A. 40:55D-1 et seq. Two Mylar, two linen, and 15 paper copies of the minor subdivision plat shall be submitted for execution. Any such plat or deed accepted for such filing shall have been signed by the chairperson and secretary of the municipal agency after confirmation by the Township Finance Officer that all fees and escrows are filed and current.

(1) Extension of one-hundred-ninety-day period for filing minor subdivision. The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection E above if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(2) The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer provides to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals.

(3) A developer shall apply for the extension before what would otherwise be the expiration date of the minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental agencies, whichever occurs later.

F. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision and site plan approval was granted, shall not be changed for a period of two years after the date of site plan approval or the date on which the resolution of minor subdivision approval is adopted; provided that the approved minor subdivision has been duly filed as set forth in Subsection E above.

(1) Extension of zoning requirements and general terms and conditions for minor site plan. The Planning Board shall grant an extension of the two-year period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental agencies and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date, or the 91st day after the date on which the developer receives the last of the legally acquired approvals from the other governmental agencies, whichever occurs later.

§ 95-4.6 Major subdivision and major site plan procedure.

[Amended by Ord. No. 95-14]

A. Preliminary approval of major subdivisions and major site plans.

(1) The Subdivision and Site Plan Committee, if established, shall review the application and shall comment and make recommendations to the Board.

(2) The applicant seeking preliminary major subdivision or preliminary major site plan approval shall submit to the Administrative Officer 20 copies of the materials stipulated in Article XII of this chapter.

(3) The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of § 95-4.3C of this chapter.

(4) A complete application for a subdivision of 10 or fewer lots, or for a site plan of 10 acres of land or less or 10 dwelling units or less, shall be acted upon within 45 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. A subdivision of more than 10 lots, or a site plan that involves more than 10 acres of land or more than 10 dwelling units, shall be acted upon within more than 10 dwelling units, shall be acted upon within 95 days of the date of such submissions, or 120 days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the municipal agency shall be deemed to have granted preliminary subdivision or site plan approval.

B. Effect of preliminary approval of major subdivisions and major site plans. Preliminary approval of a major subdivision and major site plan shall, except as provided in Subsection B(4), confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted as specified by N.J.S.A. 40:55D-1 et seq.:

(1) That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety;

(2) That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and

(3) That the applicant may apply for and the Planning Board may grant extension on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design and improvement standards have been revised by ordinance, such revised standards may govern;

(4) In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights referred to in Subsections B(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions, and the comprehensiveness of the development, provided that if the design and improvement standards have been revised, such revised standards may govern.

(5) Where a developer plans to install the improvements prior to final approval, the developer shall submit the engineering plans and specifications for the improvements to the Municipal Engineer and the required fees and insurance certificate to the Municipal Clerk, who shall act upon them within 35 days. Two Mylar and eight paper copies of the final construction plans are to be signed by the Planning Board. In the event of a denial, the specific reasons must be enumerated in a letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirements as previously imposed for a denial. After the plans are approved and filed with the Planning Board, the developer may install the improvements prior to final approval in accordance with § 95-10.2. In addition to or as part of the performance guarantees, the developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with Article X.

(6) Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection B(3) or (4) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(7) The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer receives the last legally required approval from other government entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant to Subsection B(3) or (4) of this section.

C. Final approval of major subdivisions and major site plans.

(1) An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the Administrative Officer or other designee, 20 copies of the items specified in Article XII of this chapter. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the municipal agency. The final plat shall also be accompanied by a statement from the Municipal Engineer that the municipality is in receipt of as-built plans showing all streets and utilities in exact location and elevation and identifying those portions already installed and those to be installed, and/or certified in the amount of performance guarantees required to assure completion of those improvements not yet installed as stipulated in Article X of this chapter.

(2) The application for final subdivision or site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of § 95-4.3C of this chapter.

(3) Final approval shall be granted or denied within 95 days after submission of a complete application to the Administrative Officer, or other designee, or within such further time as may be consented to by the applicant. Failure of the municipal agency to act within the period prescribed shall constitute final approval and a certificate of the Administrative Officer as to the failure of the municipal agency to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purpose of filing subdivision plats.

(4) Within 95 days of the adoption of the resolution of final approval, the applicant shall comply with the conditions set forth therein. If the conditions are not satisfied, then the approval shall expire. The Board may for good cause shown, extend this time period.

(5) Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the chairman and secretary of the municipal agency unless within such period the plat shall have been duly filed by the developer with the county recording officer. The municipal agency may for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

(6) Two Mylar, two linen, and 15 paper copies of the final plat of the major subdivision shall be submitted to the Planning Board. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the municipal agency as indicated on the instrument by the signature of the chairman and secretary of the municipal agency of a certificate has been issued. The signatures of the chairman and secretary of the municipal agency shall not be affixed until the developer has posted the guarantees required pursuant to Article X of this chapter and the Township Finance Officer confirms that all fees and escrows are posted and current.

D. Effect of final approval of major subdivisions and major site plans.

(1) The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the developer pursuant to preliminary approval whether conditionally or otherwise shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that in the case of major subdivision the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54.

(2) In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the municipal agency may grant the rights referred to in Subsection D(1) of this section for such period of time, longer than two years, as shall be determined by the municipal agency to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions, and the comprehensiveness of the development. The developer may apply for thereafter and the municipal agency may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the municipal agency to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units, economic conditions, and the comprehensiveness of the development.

(3) Whenever the Planning Board grants an extension of approval pursuant to Subsection D(1) and (2) approval has expired before the date on which the extension is granted, the extensions shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(4) The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer provides to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection D(1) and (2) of this section.

§ 95-4.7 General development plan procedure.

A. Submittal.

(1) Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development pursuant to N.J.S.A. 40:55D-1 et seq. may submit a general development plan for the entire parcel to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board pursuant to N.J.S.A. 40:55D-46 or N.J.S.A. 40:55D-48.

(2) The Planning Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the Administrative Officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute general development plan approval of the planned development.

B. Duration.

(1) The general development plan shall set forth for the entire tract or parcel, the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of N.J.S.A. 50:55D-1 et seq., or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.

(2) The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection B(3) of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to N.J.S.A. 40:55D-1 et seq.

(3) In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.

C. Modification of timing schedule. In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and the region, and the availability and capacity of public facilities to accommodate the proposed development.

D. Approval of plan modifications required. Except as provided hereunder, the developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.

E. Approval of plan modifications not required.

(1) Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer approved by the Planning Board.

(2) A developer, without violating the terms of the approval, may, in undertaking any section of the planned development, reduce the number of residential units or amount of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to N.J.S.A. 52:27D-301 et seq. without prior municipal approval.

F. Notification and termination of approval.

(1) Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the Administrative Officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan and pursuant to N.J.S.A. 52:27D-133. If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

(2) If a developer does not complete any section of the development within eight months of the date provided for in the approved plan, or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the municipality shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The municipality thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer, and the approval shall be terminated 30 days thereafter.

(3) In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the approval of the general development plan shall terminate.

G. General development plan satisfactory completion. In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.

H. General development plan content. A general development plan shall include the applicable contents specified pursuant to Article XII of this chapter.

§ 95-4.8 Planning Board review in lieu of Board of Adjustment.

A. Whenever an application for approval of a subdivision plat, site plan, or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to 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 applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

B. Whenever relief is requested pursuant to this subsection, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit, as the case may be.

C. The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.

D. Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

§ 95-4.9 Transfer of applications between Boards.

A. From Planning Board to Zoning Board of Adjustment.

(1) In the event that a developer files his complete application with supporting documentation in accordance with the applicable provisions of this chapter with the Planning Board, and it is determined either before or after notice and at the public hearing that the application should have been initially filed with the Board of Adjustment and that the Planning Board does not have the statutory jurisdiction to grant the complete relief requested by the applicant/developer, the applicant may elect to do one of the following:

(a) Voluntarily withdraw his application before the Planning Board and reapply to the Board of Adjustment; or

(b) Direct the Planning Board to forward the entire application and a transcript or record of the proceedings before the Planning Board to the Board of Adjustment at applicant's expense.

(2) Nothing stated herein shall relieve the applicant of the notice provisions of the statute and this chapter or estop the Board of Adjustment from handling the transferred application as a new application before the Board.

(3) In the event that an application is transferred to the Board of Adjustment, the Board shall have 120 days from the date that the new application is filed or the transferred application is received by the Board of Adjustment to render its decision, the refiling date or effective transfer date being deemed to be the amended complete application date if the application is in fact complete.

B. From Zoning Board of Adjustment to Planning Board.

(1) In the event that a developer files his complete application with supporting documentation in accordance with the applicable provisions of this chapter with the Board of Adjustment, and it is determined either before or after notice and at the public hearing that the application should have been initially filed with the Planning Board and that the Board of Adjustment does not have the statutory jurisdiction to grant the complete relief requested by the applicant/developer, the applicant may elect to do one of the following:

(a) Voluntarily withdraw his application before the Board of Adjustment and reapply to the Planning Board; or

(b) Direct the Board of Adjustment to forward the entire application and a transcript or record of the proceedings before the Board to the Planning Board at applicant's expense.

(2) Nothing stated herein shall relieve the applicant of the notice provisions of the statute and this chapter or estop the Planning Board from handling the transferred application as a new application before the Board.

(3) In the event that an application is transferred to the Planning Board, the Board shall have the time periods prescribed by this chapter and the New Jersey statutes from the date that the new application is filed or the transferred application is received by the Planning Board to render its decision; the refiling date or effective transfer date being deemed to be the amended complete application date if the application is in fact complete.

§ 95-4.10 Requirements for claiming approval due to failure to act.

An applicant may claim approval of his application for development by reason of the failure of the approving authority to act within the time period prescribed by complying with the following provisions:

A. The applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development, but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to N.J.S.A. 40:55D-12.

B. The applicant shall arrange publication of a notice of the default approval in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township.

C. The applicant shall file an affidavit of proof of service and publication with the Administrative Officer.

D. Upon satisfaction of these requirements by the applicant, the Administrative Officer shall, if he or she agrees with the facts as set forth by the applicant in the notice of default approval, issue a certificate of default approval and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

E. If the Administrative Officer does not agree with the facts as set forth by the applicant in the notice of default approval, he or she shall so notify the applicant and the municipal agency, setting forth the specific items of disagreement, within 30 days of the date the applicant submits the proof of service and publication as required by § 95-4.8C hereof. Unless appealed pursuant to § 95-3.2K(1)(a) hereof, the decision of the Administrative Officer shall be conclusive.

§ 95-5 ARTICLE V: Zoning District Regulations.

§ 95-5.1 Zoning Map and Schedules.

[Amended by Ord. No. 95-12; Ord. No. 95-14; Ord. No. 95-24; Ord. No. 95-29; Ord. No. 96-19; Ord. No. 97-19; Ord. No. 98-04; Ord. No. 98-26; Ord. No. 98-32; Ord. No. 99-06; Ord. No. 2001-09]

A. Establishment, authentication, maintenance, and revision.

(1) Zoning Map. The locations and boundaries of the districts of the Township are hereby established as shown on the Zoning Map of the Township of Manalapan, New Jersey which is attached hereto and is hereby made a part of this chapter, together with all notations, references and designations shown thereon. Editor's Note: Pursuant to Ord. No. 99-06, adopted 7-14-1999, a map, dated October 12, 1998, was adopted as the Zoning Map of the Township pursuant to this section. That map is included at the end of this chapter.

(2) Schedules. The Schedule of Permitted Uses; the Schedule of Area, Yard and Building Requirements; the Schedule of Yard Requirements for Parking and Loading Areas; and the Schedule of Minimum Required Buffer Area for zone districts within the Township of Manalapan are hereby established and are attached hereto and are hereby made a part of this chapter, together with all notations, references and designations shown thereon. Editor's Note: The schedules are included at the end of this chapter. Requirements related to off-street parking and off-street loading are set forth in § 95-9.2B and C. Requirements related to signs are set forth in § 95-8.7.

(3) Date of Official Zoning Map. Subsequent to the adoption of this chapter, the Zoning Map shall be annotated with the date of adoption.

(4) Maintenance of the Official Zoning Map. A copy of the Official Zoning Map shall be maintained in the office of the Township Clerk and shall be made available for public reference. Copies of all or a part of the Official Zoning Map may be reproduced for public distribution. The Zone Map shall be forwarded to the Monmouth County Planning Board in accordance with N.J.S.A. 40:55D-16. However, the Official Zoning Map maintained by the Township Clerk shall be the final authority as to the current status of zoning districts in the Township of Manalapan.

(5) Revisions to the Official Zoning Map.

(a) When, in accordance with the provisions of this chapter and of state law, revisions are made in district boundaries or other matters portrayed in the Zoning Map, such changes will be made to the Zoning Map with an entry bearing the date of adoption, ordinance number, and a brief description of the change(s).

(b) No changes of any nature shall be made to the Official Zoning Map except in conformity with the above procedure. Any unauthorized changes to the map or its contents by any person or persons shall be considered a violation of this chapter.

B. Interpretation of district boundaries.

(1) Zone district boundaries are intended to follow street, lot or property lines, or other natural lines such as the center line of water courses, ditches or lagoons, unless such district or zone boundaries are fixed by dimension on the Zoning Map or by description, and shall include contiguous lands acquired by the accretion or stream diversion by natural causes.

(2) In constructing the Official Zoning Map, the following rules shall apply:

(a) Boundaries indicated as following the center lines of streets, highways or alleys or streams, rivers or other bodies of water shall be construed to follow such center lines.

(b) Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.

(c) Boundaries indicated as parallel to or extensions of features indicated above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the use of the scale appearing thereon.

(d) Where a zone boundary fixed by dimensions approximately follows and is not more than 20 feet distant from a lot line, such lot line shall be construed to be the zone boundary.

(e) Boundaries of zone overlay areas are to be interpreted in accordance with the reference cited by the applicable overlay regulations.

§ 95-5.2 Description of districts.

[Amended by Ord. No. 96-19; Ord. No. 98-04; Ord. No. 2000-02; 5-23-2001 by Ord. No. 2001-09]

A. The Township of Manalapan is hereby organized into zone districts as follows:

	Suburban Residential Zones
	R-40	Single Family
	R-40/20	Single Family
	R-30	Single Family
	R-20	Single Family
	R-4	Single Family
	R-5	Single Family Affordable Housing
	R-T	Residential Transition
	R-TF/TH	Two-Family and Townhouses

	Suburban Conservation Zones [Added 5-22-2002 by Ord. No. 2002-16]
	RE	Residential Environmental

	Planned Development Zones
	R-20/PRC	Planned Retirement Community
	R-20/PD	Planned Development Option
	C2-M	Neighborhood Business/Multifamily Option
	ML-TH	Mount Laurel Townhouse

	Commercial Zones
	C-1	Regional Commercial Shopping Center
	C-2	Neighborhood Shopping Center
	C-3	General Commercial
	C-4	Commercial
	LB	Limited Business (Tennent/Millhurst/Wilson Avenue/Smithburg)
	LI	Light Industrial
	OP	Office Professional
	OP-3	Office Park
	OP-10	Office Park
	OP-10/ PRC-MLC	Planned Retirement Community - Mount Laurel Contribution
	OP-10A	Office Park

	NJSH 33 Corridor Development Zones
	GCRC	Golf Course Residential Community
	CD-FS	Four Seasons Consent District [Added 12-15-2004 by Ord. No. 2004-32]
	CD-KH	Knob Hill Consent District [Added 12-15-2004 by Ord. No. 2004-32]_
	CD-M	Meadows Consent District [Added 12-15-2004 by Ord. No. 2004-32]
	SED-5	Special Economic Development
	SED-20	Special Economic Development
	SED-20/W	Warehouse Distribution
	VC	Village Commercial

	Rural Conservation Zones [Amended 5-22-2002 by Ord. No. 2002-16]
	R-AG/4	Rural Agricultural
	R-AG	Rural Agricultural
	R-R	Rural Residential

	Public Zones
	PB	Public Use

	Zone Overlay Areas
	Airport Safety Overlay Zone
	Flood Hazard Area
	Freehold Road-Tennent Road Landmark Corridor
	Route 33 Overlay Zone [Added 12-15-2004 by Ord. No. 2004-24]
	Affordable Housing Overlay Zone-1 (AH-1) [Added 12-16-2009 by Ord. No. 2009-29]

B. The regulations set forth in this chapter for each district shall be minimum regulations and shall apply uniformly to each class of structure or land within the district.

C. No building or structure shall hereafter be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building or structure to be used, designed, or arranged to be used for any purpose unless in conformity with the Schedule of Permitted Uses; the Schedule of Area, Yard, and Building Requirements; the Schedule of Minimum Yard Requirements for Parking and Loading Areas; and the Schedule of Minimum Required Buffer Areas and with all of the regulations herein specified for the district in which it is located. Editor's Note: The schedules are included at the end of this chapter.

D. Every principal building shall be located on a lot as defined in this chapter. Except for multifamily and nonresidential development no more than one principal building and its accessory buildings shall hereafter be erected on any one lot.

E. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter as set forth in this section and in the Schedule of Area, Yard, and Building Requirements for Residential Districts and Commercial, Industrial, and Office Districts. Editor's Note: The schedules are included at the end of this chapter.

F. In any zone, all yard requirements, open space, off-street parking, and landscaping must be contained within that zone.

G. In each zone district, each use shall provide off-street parking as specified in § 95-9.2B, parking location shall adhere to the Schedule of Minimum Yard Requirements for Parking and Loading Areas.

H. In each zone district, each use shall provide off-street loading and unloading as specified in § 95-9.2C. In nonresidential zones, loading locations shall adhere to the Schedule of Minimum Yard Requirements for Parking, and Loading Areas.

I. In each zone district, sign size, type and number shall be limited by § 95-8.7, Signs.

J. Standards for conditional uses are set forth in Article VI.

K. Additional direction regarding the administration and application of development requirements and restrictions within the Township's zone districts is provided in Article VII, General Zoning Provisions.

L. Buffers shall be provided in the zones specified in accordance with the Schedule of Minimum Required Buffer Areas.

§ 95-5.3 Permitted and prohibited uses.

A. Permitted principal uses, accessory uses, and conditional uses within each zone district are set forth in the Schedules of Permitted Uses. The letter "P" means that the use is a permitted principal use in the zone. The letter "C" means the use is a permitted conditional use. The letter "A" means that the use is a permitted accessory use in the zone. Any use, except for essential services, which is not specifically listed as a permitted use, an accessory use or a conditional use on the Schedule of Permitted Uses Editor's Note: The Schedule of Permitted Uses is included at the end of this chapter. shall be deemed a prohibited use.

B. Prohibited uses shall include but not be limited to the following:

(1) All billboards (except where permitted as a conditional use), signboards, advertising signs and devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.

[Amended 4-7-2009 by Ord. No. 2009-05]

(2) Trailer courts or trailer coaches used as dwellings, offices or storage facilities or commercial activities related to the outdoor storage or display of trailer coaches, except that during development construction trailers may be permitted specifically limited as to the extent of time such use and requiring the payment of an annual fee to the municipality for the granting of such license of such use.

(3) Auction markets.

(4) Junkyards, automobile wrecking yards or disassembly yards, or the sorting or baling of scrap metal, paper, rags, or other scrap or waste material, except for recycling operations operated by or with the approval of the Township.

(5) Privately operated dumps for the disposal of garbage, trash, refuse, junk, or other such material.

(6) Adult bookstores.

(7) Peep shows.

(8) Massage parlors.

(9) Amusement arcade.

(10) Explosive storage, except small arms ammunition, or by special permit, where explosives are to be used on the premises.

(11) Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, or dead animals.

(12) Slaughtering and slaughterhouses for fowl or animals not raised on premises, except as incidental to general farming operation.

(13) Any use of any building or premises in such a manner that the health, morals, safety or general welfare of the community may be endangered.

(14) Keeping or raising of hogs except as otherwise provided for farms.

(15) Asphalt plants, concrete plants, asphalt batching plants, concrete batching plants, asphalt mixing plants, concrete mixing plants, asphalt manufacturing plants, concrete manufacturing plants.

(16) Auto, horse or dog racetracks.

(17) Keeping or raising of mink, fox or similar fur bearing animals.

(18) Open air drive-in motion picture theaters.

(19) Seasonal resort cottages.

(20) Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, vibration, smoke, glare or waste products.

(21) The use of boats or vehicles as residential dwellings.

§ 95-5.4 Planned development and variable lot size development standards.

[Amended by Ord. No. 95-24; Ord. No. 96-19; Ord. No. 98-03; Ord. No. 98-04; Ord. No. 2000-02]

The following standards shall apply as indicated within specified zone districts to planned development or to variable lot size development. All planned development shall adhere to § 95-7.38, Planned development, and open space design shall adhere to § 95-8.9, Open Space design requirements.

A. Variable lot size development in the R-20 Residential District.

(1) Variable lot size development shall be permitted in the R-20 Zone District. The maximum number of residential building lots for the variable lot size development shall be no greater than the number of lots of the subdivided area if developed as a conforming subdivision under the standard R-20 requirements as set forth in the Schedule of Area, Yard, and Building Requirements Editor's Note: The schedule is included at the end of this chapter. in compliance with other applicable ordinance standards. The applicant shall submit a yield map showing a conventional conforming layout and such other information as may be required by the approving agency to demonstrate the number of lots permitted.

(2) Development standards.

(a) No lot shall be less than 15,000 square feet in size.

(b) No more than 50% of the total lots shall contain at least 15,000 square feet with minimum frontage of 85 feet.

(d) No less than 15% of the total lots shall contain at least 30,000 square feet with minimum frontage of 150 feet.

(e) The minimum area dimensions for all proposed lots in a variable lot development within 200 feet of existing lots developed for single-family development shall be equal to adjacent lot size, except that no lot in the variable lot size development shall be required to be more than 40,000 square feet in size.

(f) The height and building requirements shall be as specified in the R-20 Residential District provisions in the schedule, except that where a lot fronts on an existing road, the minimum front yard setback shall conform to the setbacks on the existing roads, but shall in no event be less than 60 feet.

B. Planned Development in the R-20 (PD) District. In an R-20 (PD) District only, a planned development application classified as a major subdivision (and major site plan, if applicable) shall be permitted in accordance with the following standards and regulations. The planned development shall consist of townhouses and patio homes.

(1) The tract of lands shall have a minimum of 50 acres.

(2) The maximum allowed density of development shall be five units per gross acre of development subject to:

(a) Such development shall contribute its prorated share for the improvement of the Craig Road-Symmes Road intersection and the Craig Road - Tennent Road intersection.

(b) The development application shall result in a zero increase in the rate of stormwater runoff, calculated from a base line of an undeveloped condition. The evaluation of calculation shall be based upon the Engineering Field Manual for Conservation Practices, issued by the United States Department of Soil Conservation Service or equivalent standards approved by the Township Engineer.

(c) No townhouse or patio unit or accessory parking area thereto shall be located within 50 feet of the tract boundaries of the development nor within 100 feet of the perimeter boundaries of any single-family residential unit with an area size of two or less acres.

(3) All other standards and requirements for townhouse and patio dwellings shall be as specified below.

(a) A minimum of 20% of the total area of the tract, not including land designated as floodway by the New Jersey Department of Environmental Protection shall be set aside as permanent open space. The land so established shall comprise one or more areas of not less than three contiguous acres each and will be used by the Township or homeowners' association for general open space, recreation or education. The Planning Board may accept, in lieu of open space areas established by individual lot, designation in ownership by an owner's association or the Township, all or portion of the required open space and included in one or more individual, privately owned lots with a servient conservation easement.

(b) No townhouse or patio home structure shall be closer than 50 feet to any public street.

(c) Off-street parking facilities for the use of residents and guests shall be provided in accordance with the provisions of Article XI of this chapter.

(d) The minimum floor area per unit shall be 750 square feet.

(e) The maximum permitted building coverage is 20%.

(f) Deck, patio and fence standards. Single level decks and patios at the first floor shall be permitted of a maximum depth of 12 feet from the outermost exterior wall of all premier units and from the outermost exterior wall in the classics, which is the fireplace wall. The deck and patios shall have a maximum width of 20 feet; however, in no case shall the width exceed the projection of the sidewall lines of each individual dwelling unit. Decks and patios shall be wood, brick paver or flat stone construction with sand packed joints. No overhead construction or enclosures of decks or patios shall be permitted. Shadow box board on board wood privacy fences shall be permitted at a height of six feet above the surface level of the deck or patio and a projection of not more than eight feet from the rear wall of the dwelling unit. Only one privacy fence shall be permitted between adjoining dwelling units.

C. Planned retirement community in the R-20 (PRC) District.

(1) A townhouse or patio home residential cluster development shall be permitted as a planned retirement community in the R-20 (PRC) District, subject to the following standards and requirements.

(a) Minimum lot requirements. The minimum area for a planned retirement community (PRC) shall be 25 acres.

(b) The site shall have direct access and frontage on a major road as designated on the Township Master Plan of roads.

(c) The amount of frontage on major roads shall be sufficient to provide not less than two distinct and different means of access to the entire tract.

(d) The development shall be serviced by public water supply and public sanitary sewer facilities.

(e) The tract shall be situated so as to provide convenient access to shopping facilities for residents.

(f) The residential density of the PRC shall not exceed six units per gross acre.

(g) There shall be not more than 10 dwelling units in one building or structure.

(h) Not more than 20% of the gross area of the entire PRC shall be covered by residential buildings.

(i) All residential buildings shall be set back at least 25 feet from an interior roadway and at least 15 feet from a driveway or off-street parking area. All nonresidential buildings shall be set back at least 40 feet from any interior roadway.

(j) In no case shall the distance between any buildings and structures be less than 25 feet at the closest point of separation.

(k) No buildings or structures, other than entrance gate-houses, walls or fences, shall be located within 50 feet of any exterior boundary line of the tract, except that along a state highway right-of-way, the minimum setback shall be 300 feet for any dwelling unit, except that the Planning Board may reduce this distance if man-made sound barriers are provided.

(l) Private interior roads and driveways shall have the following minimum widths as measured from the face of curb to face of curb: two-way traffic, 24 feet; and one-way traffic, 20 feet. All public roads shall be designed in accordance with requirements for local streets. The land area contained within the public road right-of-way shall not be included in the area determining density of development.

(m) Off-street parking facilities shall be provided in accordance with Article XI of this chapter.

(n) There should be provided a safe and convenient system of walks accessible to all occupants. Due consideration should be given in planning walks and ramps to prevent slipping or stumbling. Handrails and ample place for rest should be provided. Grading of walks shall not exceed 10%; single-riser grade changes in walks shall not be permitted; all walks adjacent to streets or driveways shall have a minimum width of four feet.

(o) Artificial lighting shall be provided along all walks and interior roads and driveways and in all off-street parking areas which is sufficient for the safety and convenience of the residents.

(p) Not less than 20% of the gross area shall be devoted to open green area.

(q) There shall be not less than 10 square feet of floor space per dwelling unit provided in community buildings. Such facilities shall be designed and equipped to meet the social and recreational needs of the anticipated residents. This may include hobby and craft rooms, lounge areas, meeting rooms, card rooms or other similar facilities.

(r) Not less than 5% of the gross area of the tract shall be developed for outdoor recreational use. This may include swimming pools and related facilities, shuffleboard and horseshoe courts, tennis courts and other appropriate facilities.

(s) Fire alarms. Fire alarms shall be installed in each dwelling unit in accordance with the requirements of the Uniform Construction Code, which became effective January 1, 1977 (N.J.S.A. 52:27D-119 et seq.). With regard to any planned retirement community already under construction as of the effective date of the Uniform Construction Code, installation in such planned retirement community of a fire alarm system containing both smoke and heat detectors and which also contains an external horn and beacon service for each particular condominium building shall be deemed to satisfy all previous requirements of the Planned Retirement Community Ordinance as to fire alarms, provided that such system, including an externally mounted horn and beacon for each building, shall be installed throughout the entire community.

D. Single-family detached residential cluster development in the R-40/20 District. A single-family residential cluster shall be permitted in the R-40/20 District subject to the following standards and regulations:

(1) The minimum gross area proposed for development shall not be less than 30 contiguous acres.

(2) A minimum of 25% of the total land area of the tract, not including land areas classified as floodway area, or area of special flood hazard, or as a wetland by the New Jersey Department of Environmental Protection, shall be set aside as permanent open space. The land so established shall comprise one or more areas of not less than five contiguous acres each and will be used by the Township or homeowners' association for general open space, or other such municipal purposes. The Planning Board may accept, in lieu of open space areas established by individual lot, designation in ownership by an owner's association or the Township, all or a portion of the required open space land included in one or more individual privately owned lots with a servient conservation easement.

(3) Height, area and building requirements shall be as specified for R-40/20 Clusters on the Schedule of Area, Yard and Building Requirements Exhibit 5-1, Residential Districts. Editor's Note: Exhibit 5-1 is included at the end of this chapter.

(a) Lot yield and the minimum improvable lot area required shall comply with § 95-7.40C.

E. Golf Course Residential Community District.

(1) Purpose. The purpose of the Golf Course Residential Community District is to continue the golf course character of the area through the employment of combined recreational and residential uses in order to maximize open space, recreational area, the preservation of the environment, and designed to minimize the impact on Monmouth Battlefield State Park. Within this zone a combination of dwellings, as well as certain golf course recreational and maintenance structures, may be permitted as a golf course residential community. The issuance of building permits shall be contingent upon prior approval of an overall development plan that satisfies the special requirements and standards established for this zone to insure adequate open space, site buffering, appropriate densities, proper ingress, egress and circulation of traffic, stormwater detention, grading, and drainage. The intent of this zone is to encourage the use of imaginative design, to provide adequate open space, recreational area and preservation of the environment.

(2) In order to encourage and enable a golf course residential community of desirable and imaginative design to maintain the standards of this section, it is required that all sections or phases be developed in accordance with a comprehensive plan for the overall development of the property as approved by the Planning Board. Development successors in title, if any, shall be bound by commitments made by this overall development plan.

(a) If developed in sections or phases, the first section or phase shall include, at a minimum, the golf course and all improvements necessary to serve the golf course, as well as all improvements to serve the individual section or phase of residential development. This is to ensure that not less than an eighteen-hole golf course will be dedicated and that each section or phase can be self supported and complete.

(b) The development shall include single-family detached age-restricted adult housing units with such units comprising a minimum of 20% and a maximum of 25% of the total permitted residential units.

(3) Area, height and building requirements for a golf course residential community shall be as follows:

(a) Maximum area of building and impervious coverage. The maximum area of land coverage by all structures in a golf course residential community shall not exceed 30% of the total site area.

(b) Minimum open area and recreation space. The minimum open space and recreation space area required in a golf course residential community shall not be less than 60% of the total gross acreage of the site. Not more than 20% of the recreation area and open space shall be wetlands and related buffers. "Open area" shall be defined as that area of land which is permanently set aside and designated on the site plan as dedicated open space, conservation easement or in such other form as will insure that such property shall remain open and undeveloped. "Recreation space" shall be defined as that area of land permanently set aside and designated on the site plan as open space being devoted to recreational use for golf or associated recreational activities. The provisions for the organization to maintain and own recreation space shall be subject to the review and approval of the Township Attorney.

(c) The golf course shall as a minimum, be an eighteen-hole standard golf course which shall be integrated into the residential community through the design of a linear fairway system that maximizes the number of dwelling units which border the golf course. The majority of the residential units shall be designed to be clustered along the system of fairways and greens in order for the Planning Board to conclude that the purpose and location of the common open space and the amenities of recreation and visual enjoyment are adequate pursuant to N.J.S.A. 40:55D-45.

(d) Maximum density and area requirements: The maximum gross residential density shall not exceed 1.1 units per acre. This figure shall be calculated by multiplying the gross acreage of the tract by 1.1. That portion of the land developed to residential use (exclusive of open area and recreation space) shall never exceed a density of six units on any acre exclusive of wetlands, flood hazard areas and stream corridors.

(e) The residential development must be serviced by a municipal or public water supply and sanitary sewer system which shall be installed by and at the expense of the developer. It is recognized, subject to the rules and regulations of the State of New Jersey, that private wells may be utilized for the operation and maintenance of nonpotable water demand for facilities such as the golf course and common lawn area irrigation.

(f) Minimum standards for residential development.

[1] All residential lots for single-family detached dwellings in the golf course residential community shall conform to the following schedule:

[a] Minimum lot area: 8,000 square feet.

[b] Minimum lot frontage: 80 feet except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 70% of the required lot frontage.

[c] Minimum lot width: 80 feet.

[d] Minimum front setback: 25 feet.

[e] Minimum side yard: 10 feet; total both sides 25 feet.

[f] Minimum rear yard: 25 feet.

[g] Maximum building height: 2 1/2 stories and 35 feet in height.

[h] Accessory building: same as principal structures except rear setback, 10 feet.

[i] Minimum building size: one-story dwelling, 1,900 square feet; two-story dwelling, first floor 1,200 square feet, second floor 1,100 square feet.

[i] All residential lots for age-restricted single-family detached dwelling units shall conform to the following schedule:

[A] Minimum lot area: 6,000 square feet.

[B] Minimum lot frontage: 50 feet, except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage.

[C] Minimum lot depth: 120 feet.

[D] Minimum lot width: 55 feet at the front building setback line.

[E] Minimum front setback line: 25 feet.

[F] Minimum side yard: five feet one side; 15 feet total for both sides. The five-foot requirement shall apply to driveways, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line.

[G] Minimum rear yard: 20 feet.

[H] Maximum building height: 35 feet and 2 1/2 stories.

[I] Maximum impervious lot coverage: 60%.

[J] Accessory building: same as principal structures except rear yard setback: 10 feet.

[K] Minimum building size: 1,300 square feet of habitable floor area, with a minimum of an attached one car garage.

[ii] There shall be not less than 15 square feet of floor space per age-restricted dwelling unit provided in a community or clubhouse building, which building shall have a minimum floor area of at least 3,000 square feet. Such facility shall be designed and equipped to meet the social and recreational needs of persons 55 years of age and older.

[iii] Deed restrictions: Approval of age-restricted adult housing units in the Golf Course Residential Community District shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to insure that:

[A] The age-restricted units qualify as "55 or over housing" within the meaning of the Federal Fair Housing Act.

[B] Open space and recreation areas shall be located in appropriate locations and arranged in such a manner and with such facilities so as to further and foster the purposes of the age-restricted adult housing.

[C] Residents of the age-restricted adult housing component of the golf course residential community shall have the same access and opportunities to utilize the golf course and community amenities as other residents of the community.

[D] Prohibiting the conversion of garage space to living space.

The age-restrictive covenants shall be subject to review and approval of the Township Attorney.

[2] All residential lots for attached townhouse dwellings in the golf course shall conform to the following schedule:

[a] Minimum lot area: 1,500 square feet.

[b] Minimum lot width: 24 feet.

[c] Minimum lot depth: 75 feet.

[d] Minimum front setback: 25 feet.

[e] Minimum rear yard: 20 feet.

[f] Maximum building height: 2 1/2 stories and 35 feet.

[g] Minimum floor area: 1,000 square feet for one story, 1,600 square feet for two-story structures.

[i] A maximum of 25% of the total residential units may be townhouse type units.

[ii] All buildings shall be of designs which are compatible with other residential structures in the community to achieve a maximum of architectural harmony. In siting rows of townhouses, dwelling units contained within each row must be staggered to avoid a monotonous uniform appearance.

[iii] There shall not be more than eight nor less than four attached townhouses in any row. There shall not be more than two contiguous units located in a row without a horizontal offset of at least six feet unless the Planning Board determines that the architectural treatment of the building location provides sufficient visual interest and does not create a monotonous appearance.

[iv] No structure containing a group of attached townhouses shall exceed a length of 200 feet.

[v] Townhouse buildings shall be spaced as follows:

[A] Front to front: 75 feet.

[B] Rear to rear: 75 feet.

[C] End to end (window wall to windowless wall): 30 feet.

[D] End to end (windowless wall to windowless wall): 25 feet.

[E] Any building face to the cartway of a residential access street: 25 feet.

[F] Any garage face to the cartway of a residential access street: 30 feet.

[G] Any garage face to the sidewalk of a residential access street: 30 feet.

[3] All residential lots for semidetached (patio home/duplex) dwellings shall conform to the following schedule:

[a] Minimum lot area: 3,000 square feet

[b] Minimum lot frontage: 40 feet.

[c] Minimum lot width: 40 feet.

[d] Minimum lot depth: 75 feet.

[e] Minimum front setback: 25 feet.

[f] Minimum rear yard: 20 feet.

[g] Maximum building height: 2 1/2 stories and 35 feet.

[i] A maximum of 30% of the total residential units may be patio home type units.

[ii] All semidetached units shall have a minimum side requirement of zero feet on one side and 10 feet on the other side.

[iii] Semidetached buildings shall be spaced as follows:

[A] Front to front: 75 feet.

[B] End to end (window wall to windowless wall): 30 feet.

[C] End to end (windowless wall to windowless wall): 25 feet.

[D] Any building face to the cartway of a residential access street: 25 feet.

[E] Any garage face to the cartway of a residential access street: 30 feet.

[F] Any garage face to the sidewalk of a residential access street: 30 feet.

[4] Parking requirements. Each dwelling unit shall provide off-street parking as specified by § 95-9.2B of this chapter. Not less than one of the parking spaces shall be contained in a fully enclosed garage. Convenient locations shall be provided throughout the community to incorporate visitors parking spaces.

[5] Perimeter. No building or structure, other than entrance gatehouses, walls or fences shall be located within 50 feet of any exterior boundary line of the tract.

[6] Streets and other requirements. Interior streets shall be based on the projected needs of the full community development of all land itself as proposed in the development plans submitted to the Planning Board, as well as the need for fire-fighting and other emergency vehicles. Interior roads shall be constructed to Township standards and specifications. Where no on-street parking is anticipated, the Planning Board may relax these standards and the interior roads shall have the following minimum widths as measured from edge of pavement to edge of pavement: two-way traffic, 26 feet; one-way traffic, 20 feet. Associated with the interior roads, a minimum right-of-way width of 40 feet shall be provided. A safe and convenient system of continuous walkways shall be provided. Artificial lighting shall be provided along all interior roads and walkways which lighting shall be sufficient for the safety and convenience of the residents and in accordance with Planning Board recommendations.

(4) Open space.

(a) The developer shall provide for an organization for the ownership and maintenance of any open space, inclusive of open space devoted to recreational use for golf associated activities, for the benefit of owners or residents of the development. Such organization shall not be dissolved and shall not dispose of any open space except to an organization conceived and established to own and maintain open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any open space without first offering to dedicate the same to the Township of Manalapan.

(b) In addition to the open space set aside for recreational use, inclusive of the golf course, there shall be provided an overall area of at least 1,000 square feet per unit for common open space designed and intended for the exclusive use of the residential areas of the development. Such open space shall not be within a wetland, wetland transition area, or flood hazard area. The person or organization having responsibility for maintenance of such open space shall be the homeowners' association. All such space shall be protected by fully recorded covenants or dedications running with the land. Homeowners' open space shall be convenient to the dwelling units and shall be interconnected. Linking passageways shall not be less than 20 feet wide.

(c) In the event that the organization with the responsibility for open space fails to maintain it in reasonable order and condition, then the Township of Manalapan, in accordance with N.J.S.A. 40:55D-43, may correct such deficiencies and assess the cost of maintenance against the properties within the development.

(5) Homeowners' association.

(a) Prior to receipt of final approval of the golf course residential community or any section thereof, the applicant shall submit to the Township Attorney for review, and reasonable approval a copy of the proposed master deed, articles of incorporation, covenants, bylaws and related documents concerning the homeowners' association.

(b) A homeowners' association shall be established for the purposes of owning and maintaining common property designed as part of a golf course residential community in a manner enabling the association to meet its obligations and responsibilities. A homeowners' association shall incorporate the following provisions:

[1] That the homeowners' association shall consist of the owners of each of the residential units created as part of the development. Required membership and responsibilities upon the members shall be in writing between the association and each property owner in the form of a covenant with each agreeing to liability for his pro rata share of the association's costs.

[2] That the association shall be responsible for liability insurance, taxes, maintenance and other obligations assumed by the association and shall hold the Township of Manalapan harmless from any liability.

[3] That the assessment levied by the association upon each property owner may become a lien upon each property owner's property.

[4] That the association shall clearly describe in its bylaws all the rights and obligations of each occupant and property owner including a copy of any covenants, dedications, deeds and articles of incorporation of the association and the fact that every occupant and property owner shall have the right to use all common properties.

[5] That each of the members of the homeowners' association shall have the right to become a member of the golf club for the standard fees and dues charged to nonhomeowner association members.

(6) Application procedure.

(a) Review and approval of an application for a golf course residential community development, which development contemplates construction over a period of years, shall be in accordance with site plan and major subdivision procedures as contained in Article IV of this chapter.

(b) Prior to approval of a golf course residential community, the Planning Board shall determine that the application conforms to § 95-7.38, Planned developments.

(7) Responsibility for utilities and services. Within the golf course residential community, except as otherwise provided by law and any other public agency having jurisdiction over this matter, all private roads, walkways, services, utilities, maintenance and expenses which are comprised of or incurred in any of the interior sections of the golf course residential community shall be the obligation of the unit owners.

(8) Development standards. The minimum design and construction requirements for streets, roads, sidewalks, sewer facilities, utility use and drainage shall be in compliance with appropriate Manalapan Township regulations and ordinances.

(9) Facilities and structures related and appurtenant to the recreational uses, including a clubhouse which may include a banquet facility, central dining room, lounge, pro shop, locker and shower areas, and a central office area and similar uses related to the activities of the golf course and the planned recreational community shall be permitted as accessory uses. Existing clubhouse facilities comprise a structure of 2 1/2 stories with 26,276 square feet of floor area. Along with this are banquet facilities with a seating capacity of 400, and dining facilities with a seating capacity of 135. Any expansion beyond these facilities will be allowed only at the discretion of the Planning Board, with subsequent site plan approval. Off-street parking and loading facilities shall be provided at the clubhouse sufficient to meet the parking requirements of all the activities at the clubhouse without shared use of parking stalls.

F. Planned office parks in the OP-10 and OP-10A Districts.

(1) The area, yard and building requirements for the OP-10 and OP-10A Districts shall be as specified in the Schedule of Area, Yard and Building Requirements, Exhibit 5-2, Commercial, Industrial and Office Districts, Editor's Note: Exhibit 5-2 is included at the end of this chapter. except that the minimum requirements may be modified as permitted hereinafter for lots created by major subdivision for a Planned Office Park within the OP-10 or OP-10A District as follows:

(a) Planned office park. A planned office park in the OP-10 District shall consist of a tract or parcel of land having a total area of not less than 25 acres. In the OP-10A Zoning District the minimum tract area shall be 20 acres. Any office park which is proposed to be phased shall be based upon an overall concept plan in accordance with § 95-8.2B, General requirements, of the Township design requirements of Article VIII.

(b) Lot area. Individual sites or lots shall be of such size that the development will have architectural unity and flexibility in arrangement and be of such size that all space requirements provided in this chapter are satisfied; however, no lot shall have an area of less than 1.5 acres.

(c) Minimum yard depth: 50 feet from the lot line forming the boundary of the park development and a minimum of 100 feet from a public street.

(d) Lot coverage: 25% by buildings(s).

(e) Maximum building height: one foot of building for each one foot of yard depth measured from the lot lines forming the boundaries of the park development, except that no building shall exceed 50 feet in height.

(f) Minimum gross floor area per lot: 5,000 square feet.

(2) Permitted uses.

(a) A planned office park of 300,000 square feet or more of gross floor area may be permitted to include the following uses within the development, provided that such uses do not exceed 5% of the maximum usable building area permitted for the planned development.

[1] Banks or financial institutions;

[2] Restaurants, provided that there is no drive-through service or service in vehicles;

[3] Pharmacies;

[4] Card, gift or florist shop;

[5] Dry cleaning pickup/dropoff service;

[6] Barber/beauty shop; and

[7] Child recovery center for the day care of sick children of employees of the planned development.

(b) Uses enumerated above shall only be permitted as part of the planned development when designed and located primarily for the convenience of the employees of the planned development and to minimize vehicular trip generation within the development.

G. Planned office/industrial parks in the SED-20 and SED-20/W Districts.

(1) Planned office/industrial park. A planned office and industrial park shall consist of a tract or parcel of land having a total area of not less than 20 acres. Any planned office industrial park which is proposed to be phased should be based upon an overall concept plan in accordance with § 95-8.2B, General requirements, of the Township design requirements in Article VIII.

(a) Lot area. Individual sites or lots shall be of such size that the development will have architectural unity and flexibility in arrangements and be of such size that all space requirements specified in the Schedule of Area, Yard and Building Requirements, Exhibit 5-2, Commercial, Industrial and Office Districts Editor's Note: Exhibit 5-2 is included at the end of this chapter. are satisfied, and further provided that no lot shall have an area less than five acres.

(b) Lot width: 200 feet minimum.

(d) Side yard: There shall be two side yards, the sum of which shall equal at least 20% of the lot width as measured at the front of the building line. No side yard shall be less than 30 feet.

(e) Rear yard: 60 feet.

(f) Lot coverage: 25%.

(g) Maximum building height: 35 feet.

(h) Minimum gross floor area per lot: 10,000 square feet.

(i) Within a planned office/industrial park, a helistop shall be permitted as an accessory use, provided that the minimum setback from any residential district shall be 1,000 feet.

(2) Permitted uses.

(a) A planned office/industrial park of 300,000 square feet or more of gross floor area may be permitted to include the following uses within the development, provided that such uses do not exceed 5% of the maximum usable building area permitted for the planned development:

[1] Banks or financial institutions;

[2] Restaurants, provided there is no drive-through service or service in vehicles;

[3] Pharmacies;

[4] Card, gift or florist shop;

[5] Dry cleaning pickup/dropoff service;

[6] Barber/beauty shop; and

[7] Child recovery center for the day care of sick children of employees of the planned development.

(b) Uses enumerated shall only be permitted as part of the planned development when designed and located primarily for the convenience of the employees of the planned development and to minimize vehicular trip generation within the development.

H. Planned development in the R-5, Single-Family Affordable Housing Residential District.

(1) Planned development to facilitate the production of affordable housing for low- and moderate-income households in the R-5 Zone District is permitted on tracts of five or more contiguous acres in accordance with the development standards and provisions of this subsection.

(2) Dwelling units within the planned development shall be single-family dwelling units only.

(3) The maximum density of the planned development shall be 6.5 dwelling units per acre.

(4) Each dwelling unit shall be properly connected with an approved and functioning public sanitary sewer system and community water system.

(5) Notwithstanding the provisions of § 95-5.8, R-5, affordable housing requirements, a maximum of 23% of the dwelling units in the planned development may be dwelling units that are not restricted or subject to controls on occupancy and affordability by low- and moderate-income households as established by the rules and regulations of the New Jersey Council on Affordable Housing and with any fair-share housing plan adopted by the Township of Manalapan.

(6) At least 77% of the total number of dwelling units in the planned development but not less than 67 dwelling units total shall be limited to occupancy by low- and moderate-income households and be subject to affordability controls as established by the rules and regulations of the New Jersey Council on Affordable Housing and with any applicable Fair-Share Housing Plan and affordable housing regulations adopted by the Township of Manalapan.

(7) Area and yard requirements.

(a) Minimum requirements for principal buildings:

[1] Interior lot area (square feet): 3,000.

[2] Corner lot area (square feet): 4,000.

[3] Lot frontage (feet): 40.

[4] Lot width (feet): 40.

[5] Lot depth (feet): 75.

[6] Side yard, each (feet): five.

[7] Front yard (feet).

[a] To the face of the building: 24.

[b] To a front entry garage: 30.

[8] Rear yard (feet): 25.

[9] Gross habitable floor area per dwelling (square feet).

[a] One story: 950.

[b] Two story: 1,100.

(b) Maximum requirements for principal buildings:

[1] Building coverage (percent): 40.

[2] Building height: two stories or 30 feet.

[1] Side yard, each (feet): five.

[2] Rear yard (feet): five.

[3] Building height: 10.

(d) Maximum lot coverage (percent): 50.

(e) Maximum habitable floor area ratio: 0.45.

(8) Streets shall be constructed in accordance with the Township standards for public streets except as follows:

(a) The cartway shall be a minimum of 34 feet. The approving authority in its discretion may require a minimum of 36 feet to better accommodate on street parking.

(b) The sight triangle easement as measured along the right-of-way line of a residential access street shall be a minimum of 30 feet.

(9) A minimum of 2.0 off-street parking spaces shall be provided per dwelling unit.

(10) The minimum driveway setback required from a side lot line shall be five feet.

(11) Where a garage and driveway combination is proposed to satisfy the off-street parking requirement for a dwelling, the conversion of the garage to other uses is prohibited, and such prohibition shall run with the land as a restrictive deed covenant approved by the Township.

(12) The following standards apply to fences, sheds, and swimming pools:

(a) Private swimming pools may be located within five feet of a side or rear property line.

(b) Sheds or storage buildings shall not exceed 100 square feet in area or 10 feet in height and shall be located in a rear yard area only.

(c) Fences shall not be permitted in the front yard area. Fence height shall not exceed four feet except at the boundary of the zone district where a fence height of six feet is permitted, provided that the zone boundary is not along a public road.

(13) The planned development shall provide a common open space area improved for active recreation. The area and location of the common space is subject to approval by the approving authority, but is not required to meet the open space design and area specifications of § 95-8.9A, B, and D.

(14) The minimum frontage required along the end of a cul-de-sac may be reduced to 28 feet.

(15) Each building lot shall have an improvable area suitable for the placement of the dwelling and related improvements.

(16) Notwithstanding the provisions of § 95-7.7C, ordinary building projections shall not be permitted into the minimum required yards.

(17) To provide flexibility in site layout, the approving authority may reduce the residential detention basin setbacks required pursuant to § 95-7.44.

I. Planned development in the ML-TH Mount Laurel Townhouse Residential District.

(1) Permitted use. Planned residential development in the ML-TH District is a permitted use and shall be designed as a townhouse complex which shall include affordable housing for low- and moderate-income households. Commercial uses shall not be permitted. All dwellings shall be constructed as townhouse dwellings except that low- and moderate-income dwellings may be constructed as residential flats.

(2) Area, yard and building requirements. Planned residential development for the production of affordable housing for low- and moderate-income households is permitted in the ML-TH Zone District in accordance with the following standards and requirements.

(a) Minimum contiguous lot area: 10 acres.

(b) Maximum density: 10 dwelling units per acre.

(d) Minimum lot depth: 700 feet.

(e) Minimum perimeter buffer: 25 feet.

(f) Minimum building setback from tract boundary: 40 feet.

(g) Minimum setback from tract boundary to a first floor residential deck:

[1] Front lot line: 40 feet.

[2] Side lot line: 30 feet.

[3] Rear lot line: 30 feet.

(h) Minimum open space ratio: 0.25.

(i) Maximum building coverage: 25%.

(j) Maximum lot coverage: 65%.

(k) Maximum habitable floor area ratio: .50.

(l) Maximum principal building height.

[1] Stories: two.

[2] Feet: 35.

(m) Maximum accessory building height.

[1] Stories: one.

[2] Feet: 15.

(3) Low- and moderate-income housing requirement.

(a) Low- and moderate-income dwelling units shall be constructed as part of the townhouse buildings and shall be distributed among the market units.

(b) A minimum of 20% of the total number of dwelling units in the planned development shall be affordable to low- and moderate-income households. Affordable units shall be limited to occupancy by low- and moderate-income households and shall be subject to pricing, occupancy, and affordability controls as established by the rules and regulations of the New Jersey Council on Affordable Housing and by the affordable housing regulations of the Township of Manalapan.

(c) The development shall provide an affordable housing plan for the low- and moderate-income units which plan shall be subject to the approval of the Township Committee. The plan shall be drawn to meet the requirements of the Township affordable housing regulations and the requirements of the New Jersey Council on Affordable Housing.

(4) Multifamily and attached residential design requirements. Development design should adhere to § 95-8.6C, Multifamily and attached residential design requirements, except the following standards shall apply within the development to control the minimum building spacing, maximum number of dwelling units within a building and minimum dwelling unit size. Decks or porches shall not encroach into the minimum spaces set forth below.

(a) The spacing of residential buildings in the ML-TH zone shall adhere to the following minimums:

[1] Windowless wall to windowless wall: 20 feet.

[2] Windowed wall to windowless wall: 30 feet.

[3] Windowed wall to windowed wall:

[a] Front to front: 75 feet.

[b] Rear to rear: 50 feet.

[c] End to end: 30 feet.

[d] Other: 40 feet.

[4] Any building face to a right-of-way: 25 feet.

[5] Any building face to a common parking area: 12 feet.

[6] Any building face to a street curb: 30 feet.

[7] Any front entry garage door to a street sidewalk: 30 feet.

(b) There shall be no more than 10 dwelling units in a building. No principal building when viewed from any elevation shall be greater than 180 feet in length.

[1] One-bedroom units: 750 square feet.

[2] Two-bedroom units: 900 square feet.

[3] Three-bedroom units: 1,000 square feet.

(5) Open space design requirements.

(a) The total area of open space in the development shall not be less than the minimum required by the open space ratio for the ML-TH District.

(b) Each ground floor residential unit shall have a rear yard of at least 400 square feet. Each second floor residential flat shall have a balcony of at least 60 square feet.

(d) The area, dimensions, and location of the common space shall be appropriate to its purpose and are subject to approval by the approving authority, but the area and dimensions on-site are not required to meet the open space design and area specifications of § 95-8.9A, B and D. To ensure that recreation activities are adequate, the approving authority may, however, require that recreation open space is provided on noncontiguous acreage.

(e) The minimum perimeter buffer required by Subsection I(2)(e) of this section shall be landscaped and maintained as part of the common open space.

(6) Circulation design requirements.

(a) Streets within the development shall be constructed in accordance with the Township standards for residential access streets provided that ADT does not exceed 1,500. Where ADT exceeds 1,500 collector street standards shall apply.

(b) Parking shall be provided in accordance with the requirements of Article IX.

(c) Where a garage and driveway combination is proposed to satisfy the off-street parking requirement for a dwelling, the conversion of the garage to other uses is prohibited and such prohibition shall run with the land as a restrictive deed covenant approved by the Township.

(d) The use of parking loops to satisfy the parking requirement is permissible, provided that the traveled way is constructed in accordance with the Township standards for residential access street.

(7) Requirement for sewer and water. Each dwelling unit shall be properly connected with an approved and functioning public sanitary sewer system and community water system.

(8) The following standards apply to fences, sheds, decks, and swimming pools:

(a) Private swimming pools are prohibited. A pool as part of a common recreation area is permitted, subject to the setback standards for principal buildings.

(b) Private sheds or storage buildings are prohibited. Sheds or storage buildings are permitted as accessory buildings to a common recreation area, subject to the setback standards for principal buildings.

(d) Fences shall be permitted as a privacy screen for the rear yards of dwelling units or for decks, provided that a standard detail for such fencing has been approved as part of the site plan.

(e) Decks shall be permitted provided that the standard details of the deck design have been submitted and approved as part of the site plan.

J. OP-10/Planned Retirement Community-Mount Laurel Contribution Zone District. In the OP-10/PRC-MLC Zone District, single family detached residential cluster development shall be permitted in a Planned Retirement Community (PRC), consisting of single-family detached age-restricted adult housing units and community amenities as provided for herein, subject to the following standards and requirements:

(1) General tract requirements.

(a) The minimum tract area for a planned retirement community shall be 50 acres.

(b) The development shall be serviced by public water supply and public sanitary sewer facilities.

(d) Not more than 20% of the entire tract shall be covered by buildings.

(e) Not more than 40% of the entire tract shall be covered by impervious surface.

(2) Recreation and common elements. A PRC shall provide developed and undeveloped open space and common recreational or community facilities for the exclusive use of its residents, in accordance with the following standards:

(a) Not less than 30% of the gross tract area shall be devoted to common open space, and such common open space shall be restricted, owned and maintained in accordance with § 95-8.9E, F, G, H and I of this chapter, except as modified by this subsection. All critical areas on the site, including wetlands, floodplains and the like, shall be encompassed within the common open space provided.

(b) There shall be not less than 15 square feet of floor space per dwelling unit provided in a community or clubhouse building, which building shall have a minimum floor area of at least 3,000 square feet. Such facility shall be designed and equipped to meet the social and recreational needs of the anticipated residents. This may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, rooms providing support facilities for outdoor recreation facilities or other similar facilities, as required to meet the needs of persons 55 years of age and older.

(c) Within the common open space, facilities shall be included for outdoor recreational use. These facilities shall include, as a minimum, a tennis court and an in-ground swimming pool and their related improvements and may also include, but not by way of limitation, shuffleboard, boccie and horseshoe courts, other racquet sports courts, chipping and putting greens, and other appropriate facilities.

(3) Building requirements. Only age-restricted single-family detached dwelling units shall be permitted and all residential lots shall conform to the following schedule:

(a) Minimum lot area: 6,000 square feet.

(b) Minimum lot frontage: 50 feet, except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage.

(d) Minimum lot width: 55 feet at the front building setback line.

(e) Minimum front setback line: 25 feet.

(f) Minimum side yard: five feet one side; 15 feet total for both sides. The five-foot requirement shall apply to driveways, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line.

(g) Minimum rear yard: 20 feet.

(h) Maximum building height: 35 feet and 2 1/2 stories.

(i) Maximum impervious lot coverage: 60%.

(j) Accessory building: same as principal structures except rear yard setback: 10 feet.

(k) Minimum building size; 1,300 square feet of habitable floor area, with a minimum of an attached one car garage.

(4) Perimeter setback requirements: No buildings or structures, other than access drives, walkways, entrance gatehouses, walls, fences, or drainage/utility structures, shall be located within 40 feet of any exterior tract boundary, and the outer 25 feet of the perimeter setback shall be designated as a landscape/conservation easement. The perimeter setback shall be increased to 75 feet where the exterior tract boundary abuts a collector road, and the outer 50 feet of the perimeter setback shall be designated as a landscape/ conservation easement.

(5) Deed restrictions. Approval of a planned retirement community shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to insure that the age-restricted units qualify as "55 or over housing" within the meaning of the Federal Fair Housing Act and prohibiting the conversion of garage space to living space. The age restrictive covenants shall be subject to review by the Township Attorney.

(6) Affordable housing contribution. The development fee to be paid in accordance with § 95-14.1 et seq. for a planned retirement community in the OP-10/PRC-MLC zone district shall be 1/2 of 1% of the equalized assessed value or $2,000 per approved unit, whichever is greater. The developer shall enter into an agreement with the Township in accordance with § 95-14.3A(3) for the payment of a voluntary housing fee in recognition of the incentive provided by the zone in allowing development of a planned retirement community.

K. Village commercial development in the VC District.

(1) Purpose. The purpose of the Village Commercial District (VC) shall be to permit the development of a village-center-type of project which will contain a variety of retail and office uses, clustered around a village green. This district shall also have a defined open space and/or recreational component which may or may not consist of lands dedicated to the Township of Manalapan. Such a district is intended to be developed in proximity to local and regional residential populations, whether existing or proposed, in order to provide shopping, employment and personal service opportunities to large residential population, thereby reducing traffic impacts.

(2) Permitted uses. The following uses shall be permitted in the Village Center District:

(a) Restaurant, Category One, Two and/or Three.

(b) Professional offices, medical offices and clinics.

(d) Commercial shopping centers, consisting of the following uses or such other nonresidential uses permitted in this zone district: retail stores, shops and food markets.

(e) Retail stacked storage.

(f) Lumber or building materials stores.

(g) Garden supply and nursery center.

(h) Personal services, stores and offices.

(i) Banks, including drive-through facilities and fiduciary institutions.

(j) Pharmacies, including drive-through facilities.

(k) Indoor athletic or recreation facilities subject to provisions of § 95-6.17.

(l) Child-care centers.

(m) Municipal facilities operated by Manalapan Township.

(n) Municipal, county or state parks, playgrounds and ballfields.

(o) Post office, library and similar public buildings.

(3) Conditional uses. The following conditional uses shall be permitted upon issuance of a conditional use permit:

(a) Schools operated for profit or nonprofit offering technical, business or other post-public education.

(b) Public utilities and/or local utilities.

(4) Accessory uses. The following accessory uses shall be permitted:

(a) Off-street parking and loading.

(b) Fences, signs and wells.

(5) Mixed use standards for the Village Center. The Village Center shall include a variety of nonresidential uses and activities intended to create an attractive open space setting and sense of community for both the residents of the Township and the surrounding region. To achieve this goal, the Village Center shall:

(a) Include a minimum of 15% of its total lot area, exclusive of public road rights-of-way, in public or semipublic use, including but not limited to open space and outdoor public recreation areas.

(b) Provide for 50,000 square feet or 10% of the total development gross floor area, whichever is less, of nonretail commercial uses allowed as permitted uses under this chapter.

(d) There shall be no more than one single user or tenant in the VC District over 50,000 square feet, but less than 100,000 square feet.

(6) Area, yard and building requirements.

(a) Tract area. The tract may contain one or more parcels of contiguous land with a total acreage of at least 100 acres. For the purpose of calculating parcel acreage or any bulk requirements, public and private streets and/or rights-of-way within the parcel shall not constitute a division of the property.

(b) Floor area. The minimum gross floor area of the total tract shall be 50,000 square feet and the maximum floor area ratio (FAR) for the total tract shall not exceed 0.75, excluding public and quasi-public use buildings and structures. The total gross floor area of buildings in the development shall not exceed 500,000 square feet, excluding public use buildings. Development land dedicated to or restricted for public purpose use shall be utilized in the calculation of maximum FAR.

(c) Lot coverage. The maximum lot coverage for buildings, computed as the ground floor gross floor area, shall not exceed 20%. The maximum lot coverage for buildings and structures shall not exceed a total of 75%. The calculations for maximum lot coverage shall exclude public use buildings and structures. Development land dedicated to or restricted for public purpose use, shall be utilized in the calculations for maximum lot coverage.

(d) The provisions of § 95-7.40 shall not apply.

(7) Minimum building setbacks.

(a) One hundred feet from the right-of-way line of State Highway Route 33.

(b) One hundred feet from the right-of-way line of Millhurst Road.

(d) For office use, 100 feet adjacent to any residential use property.

(8) Maximum building and structure height.

(a) Principal building: 50 feet from finished grade including roof-mounted equipment and its screening, antennas and parapets.

(b) Accessory building: 30 feet.

(d) In no case shall any structure within this district exceed two stories.

(9) Landscape buffers.

(a) Fifty feet within setbacks as set forth in Subsection K(7)(a).

(b) Fifty feet within setbacks as set forth in Subsection K(7)(b).

(d) Fifty feet within setbacks as set forth in Subsection K(7)(d).

(10) Parking standards.

(a) Parking for the Village Center buildings and uses shall be in accordance with Exhibit 9-2, Off-Street Parking Requirements for Nonresidential Land User of this chapter of the Code of the Township of Manalapan. Editor's Note: Exhibit 9-2 is included at the end of this chapter.

(b) Permitted uses in Subsection K(2)(e), (f), (g), (h) (including barbershops and beauty salons) and (m) are calculated at one space per 200 square feet of gross floor area, excluding areas of outside display, sale or storage of merchandise.

(c) Indoor athletic or recreation facilities and leisure time uses at one space per 200 square feet of gross floor area plus one space for each four seats in food service and audience seating areas.

(d) Permitted use in Subsection K(3)(a) (nonpublic schools) at the rate of one space per 150 square feet of gross floor area.

(e) Parking for all public or semipublic uses shall be provided in accordance with § 95-9.2B or by agreement of the applicant and the Board allowing for the benefit of shared parking between the various uses.

(f) Off-street parking setback:

[1] Fifty feet within setbacks as set forth in Subsection K(7)(a).

[2] Fifty feet within setbacks as set forth in Subsection K(7)(b).

[3] Seventy-five feet within setbacks as set forth in Subsection K(7)(c).

[4] Fifty feet within setbacks as set forth in Subsection K(7)(d).

(11) Public water and sewer service. All building and uses shall be serviced by public water and sewer systems.

(12) Comprehensive design standards.

(a) A comprehensive design plan for the entire tract must be approved as part of the preliminary site plan approval. Phasing of construction of the development is permitted consistent with the preliminary development site plan approval.

(b) The design of the planned commercial development must be based upon a common architectural and landscaping theme. This provision shall apply to lots created by subdivision within this district.

(c) Exterior materials shall be selected for suitability to the type of buildings and the design for which they are to be used and shall be compatible between buildings.

(d) Mechanical equipment and other utility hardware placed on the roof of any buildings shall be properly screened from the point of view of a person sitting in a car from the nearest point on a public roadway.

(e) Ground level utility cabinets shall be landscaped and fenced where permitted.

(f) Exterior down lighting affixed to buildings shall be part of the architectural concept and the light source shall be shielded from public view.

(g) The approving authority may consider the benefits of shared parking for different uses when approving the comprehensive development plan, in order to reduce unneeded imperious coverage.

(h) The approving authority may permit structures intended for architectural and aesthetic improvements to be placed within setback areas and buffers.

(13) Subdivision of individual lots. The subsequent subdivision of individual lots within the development site is permitted, provided that the lots are created in conformance with an approved overall preliminary development site plan and the subdivided parcel has received final site plan approval. So long as the overall approved development had preliminary site plan approval, there shall be no maximum floor area ratio (FAR) or limitation on maximum building and building and structure coverage requirements for individual lots. Area, yard, building, loading and parking requirements contained in this subsection and approved on the final site plan shall not apply to the subdivided lot. A lot need not front on a public or private street, and no minimum distances between individual buildings are required. The intent of this provision is to permit individual buildings to exist as separate lots. However, each subdivided lot and any proposed improvement on that lot shall be subject to and may only be improved in accordance with the approved plan for the Village Center and shall not cause the overall development to exceed the standards set forth in this Subsection K.

(14) Conditions of subdivision approval.

(a) The Planning Board shall condition subdivision approval upon the submission by the applicant and review by the Board attorney of common usage and maintenance reciprocal easement agreements providing for continued provision of common parking areas, roadways, accessways, utility services, drainage facilities, common facilities, landscaped areas, signage, site security, snow removal, maintenance and upkeep. Such agreement shall not be amended or modified without approval of the approving authority.

(b) The reciprocal easement agreement shall be recorded in the Monmouth County Clerk's office prior to the first development certificate of occupancy being issued.

L. Lot size averaging in the R-AG, R-AG/4, and RE Districts. The purpose of this subsection is to provide an alternative design technique in specific zone districts to promote the goals of the Master Plan. The overall planning for a tract may better respond to the intent and purpose of the Master Plan to protect the environment and conserve open space if flexibility in the design of a major subdivision is permitted. In particular, the conservation zoning goals and objectives included in the Master Plan, and the goal of maintaining large, contiguous open areas, may be better addressed if some modification of the minimum lot size requirement is allowed, provided the overall intensity of permitted development is no greater than the maximum number of lots that would result from a conforming conventional development.

[Added 5-22-2002 by Ord. No. 2002-16]

(1) Lot size averaging is permitted in the R-AG, R-AG/4, and RE Zone Districts in a major subdivision of a contiguous tract of land that is 15 acres or greater in area.

(2) Building area requirements.

(a) Lots in the R-AG and the R-AG/4 Districts shall conform to the requirements of the zone district in which they are located as established in the Schedule of Area, Yard and Building Requirements, Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter. except that the minimum lot area required may be reduced in accordance with § 95-5.4L(5) below.

(b) Within the RE District, the approving authority may approve the varying of lot areas and dimensions, and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the RE Zone District as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with § 95-5.4L(5) below, and further provided that no dimension, yard, setback, or other dimensional requirement shall be less than the minimum requirements of the R-40 Residential Zone District.

(3) Maximum permitted number of lots. The use of lot size averaging in a subdivision plan shall not result in a greater number of lots than would result if a parcel were developed as a fully conforming conventional subdivision of lots. For purposes of determining the maximum number of lots permitted under lot size averaging, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The conforming lot yield map shall be in a sufficient detail to permit the approving authority to make an informed decision that the subdivision satisfies all ordinance requirements and would be approvable by the approving authority as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots shown on an accepted lot yield map shall be the maximum number of lots permitted for subdivision under lot size averaging.

(4) Design criteria. Lot size averaging will be permitted where the approving authority determines that the resource conservation and/or farmland preservation goals and objectives of the Master Plan are better served by the lot size averaging plan than by the conventional plan for development. The applicant shall demonstrate to the approving authority that the lot size averaging plan is clearly preferable to the conventional plan with respect to one or more of the following factors; stream corridor protection, steep slope protection, agricultural retention, preservation of forests and woodlands, preservation of habitat for native flora and fauna, protection of scenic views, protection of landmarks, reduction in site disturbance from clearing and grading, reduction in impervious surface, conservation of the site's natural features and topography, and relationship to open spaces on neighboring parcels.

(5) Minimum lot area. The minimum lot area may be reduced to the minimum permissible lot size for lot size averaging as shown in the table below, provided that the average lot area in the development shall be at least the conventional lot size required for the respective zone district, and, further provided, that the total number of lots then shall be no greater than the maximum permitted number of lots established in accordance with § 95-5.4L(3) above.

Zone District	Minimum Permissible Lot Size (acre)	Average Lot Size Required (acre)
R-AG/4 Rural Agricultural	1.5	4
R-AG Rural Agriculture	1.5	2.76
RE Residential Environmental	1	3

(6) Distribution of lot sizes. At least 20% of the lots proposed for lot size averaging shall be six acres or greater in area.

(7) Deed restrictions. Each lot that is part of a lot averaging plan shall be permanently deed restricted from any future subdivision of that lot. When only a portion of a tract is to be developed in a lot averaging plan, deed restrictions against further subdivision shall be required only for the portion of the tract devoted to the lot averaging plan.

M. Farmland preservation subdivision. The purpose of this subsection is to provide an alternative design technique in specific zone districts to promote the goal of the Master Plan to maintain the rural features of the community and preserve farmland. The overall planning for a tract may better respond to the intent and purpose of the Master Plan if flexibility in the design of a major subdivision of farmland is permitted in conjunction with state, county and Township programs that will preserve a substantial portion of the land in farm use. In particular, the farmland preservation goal may be better achieved if some modification of the minimum lot size requirement for development is permitted where a substantial portion of the farmland can be permanently preserved for farm use in conjunction with the farmland and open space programs established pursuant to the Garden State Preservation Trust Act.

[Added 5-22-2002 by Ord. No. 2002-16]

(1) A farmland preservation subdivision is permitted in the R-AG, R-AG/4, and RE Zone Districts on a farm that is 20 acres or greater in area and where at least 70% of the farm is to be permanently preserved for farm use only through a farmland or open space preservation program established pursuant to the Garden State Preservation Trust Act.

(2) Building area requirements. Lots shall conform to the requirements of the zone district in which they are located as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required may be reduced in accordance with § 95-5.4M(5) below.

(a) Within the R-AG and the R-AG/4 Districts, the approving authority may approve the varying of lot areas and dimensions, and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the R-AG and the R-AG/4 Districts as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with § 95-5.4M(5) below, and further provided that no dimension, yard, setback, or other dimensional requirement shall be less than the minimum requirements of the R-40 Residential Zone District.

(b) Within the RE District, the approving authority may approve the varying of lot areas and dimensions, and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the RE Zone District as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with § 95-5.4M(5) below, and further provided that no dimension, yard, setback, or other dimensional requirement shall be less than the minimum requirements of the R-20 Residential Zone District.

(3) Maximum permitted number of dwelling units.

(a) A farmland subdivision plan shall not result in more than 50% of the maximum number of lots for single-family dwellings than would have resulted from a conforming conventional subdivision of the farm based upon the greater of:

[1] The zone in which the farm is located; or

[2] The zone in effect for the farm on November 3, 1998.

(b) For the purpose of determining the maximum number of lots permitted as the farmland subdivision, the applicant shall submit a lot yield map of a conforming conventional subdivision layout based upon either the current zoning or the zoning in effect on November 3, 1998. The conforming lot yield map shall be in a sufficient detail to permit the approving authority to make an informed decision that the subdivision satisfies the applicable ordinance requirements. The number of lots permitted for the farmland subdivision shall not exceed 50% of the number of lots shown on the accepted lot yield map.

(4) Approval criteria. A farmland subdivision will be permitted where the approving authority determines that the farmland preservation goals and objectives of the Master Plan are better served by the farmland subdivision plan and that it meets the standards and requirements for approval as a farmland subdivision.

(a) The applicant shall provide a subdivision plan identifying the total farm area proposed for subdivision, and clearly identifying the farm lot that will be permanently preserved and maintained for farm and/or open space use in conjunction with the farmland and open space programs established pursuant to the Garden State Preservation Trust Act and/or the Township of Manalapan. At least 70% of the tract shall be permanently preserved and maintained as a farm lot for farm and/or open space use.

(b) The farmland subdivision plan shall identify the area to be further subdivided for single-family residential development as provided in the approval criteria under § 95-5.4M above. The area for further subdivision shall not exceed 30% of the total farm area and shall be shown by the applicant to be suitable for residential development.

(c) The farmland subdivision plan will be permitted where the approving authority determines that the farmland preservation goals of the Master Plan will be better served by the farmland subdivision and that the farmland subdivision proposed is acceptable to the state, county, or Township agency that will be responsible for securing a property interest that ensures the permanent preservation of at least 70% of the total farm area proposed for subdivision in farm/open space use; and further determines that the farmland subdivision plan is preferable to the conventional plan with respect to any of the following factors: stream corridor protection, steep slope protection, preservation of forests and woodlands, preservation of habitat for native flora and fauna, protection of scenic views, protection of landmarks, reduction in site disturbance from clearing and grading, reduction in impervious surface, conservation of the site's natural features and topography, and relationship to open spaces on neighboring parcels.

(5) Minimum lot area. The minimum lot size for the area to be further subdivided for single-family residential development may be reduced to the minimum permissible lot size as shown in the table below, provided that the average lot area of the farmland subdivision, inclusive of the lot preserved for farm use, shall be at least the conventional lot size required for the respective zone district, and, further provided that the total number of dwelling units shall be no greater than the maximum permitted number established in accordance with § 95-5.4M(3) above.

Zone District	Minimum Permissible Lot Size (acre)	Average Lot Size Required (acre)
R-AG/4 Rural Agricultural	1.0	4
R-AG Rural Agriculture	1.0	2.76
RE Residential Environmental	0.46	3

(6) Deed restrictions. Each lot created by the farmland subdivision plan shall be permanently deed restricted from any future subdivision that would reduce the lot area. If all or part of the 30% of the farm designated for further residential development is being reserved for future subdivision as building lots in accordance with the farmland subdivision approval, then the maximum number of lots and dwellings that can be created from the tract shall be restricted by deed.

(7) Other requirements.

(a) A farmland preservation subdivision application requires subdivision review and approval in accordance with the other applicable requirements for subdivision set forth in the Manalapan Township Development Regulations.

(b) A demarcation shall be provided along the border of any residential lot and any farmland to be preserved. The demarcation shall consist either of trees, shrubbery, fencing, or a combination of the same acceptable to the approving authority. The demarcation shall be recited in the deed restriction required by § 95-5.4M(6).

(c) Any resolution granting approval to a farmland subdivision shall include a specific condition that the acreage to be permanently preserved for farm and/or open space use is duly accepted into a farmland and/or open space program established pursuant to the Garden State Preservation Trust Act and/or the Township of Manalapan that perpetually restricts the use of the property to farmland and/or conservation use; and on the recording of a deed of easement with the County Clerk. The deed of easement shall be in a form approved by the agency responsible for preservation of the farm and/or open space acreage.

(d) Any contract, deed, or plat resulting from a farmland subdivision approval shall conform to the notice of farm use provisions of § 95-7.48 of the Township Development Regulations.

(e) The resolution adopted by the approving authority granting farmland subdivision approval shall be recorded by the applicant in the office of the Monmouth County Clerk.

N. Single-family detached residential clusters in the R-AG, R-AG/4 and RE Districts. The development and use of land within the R-AG, R-AG/4, and RE Districts may better respond to the intent and purpose of the Master Plan for the protection of the environment and the conservation of open space through the design of residential clusters whose overall intensity does not exceed the intensity of a permitted conventional development. Accordingly, a residential cluster of single-family dwellings may be permitted as an alternative form of development in the R-AG, R-AG/4 and the RE Zone Districts on a contiguous or noncontiguous land area that is to be developed as a single entity according to a plan that preserves a significant area of open space, as provided below in § 95-5.4N(7), Open space design requirements. The Township approving authority may approve a residential cluster in the R-AG, R-AG/4, or RE Districts where it determines that the following requisite standards and criteria for the residential cluster option are met.

(1) Cluster option. The Township will favor cluster design where an applicant for the cluster option demonstrates that, compared to a conventional layout, the cluster design will benefit the community by conserving resources, preserving open space, and by reducing the need for additional infrastructure. For purposes of evaluating the cluster option, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The approving authority shall compare the benefit of the cluster subdivision plan to the conventional subdivision plan by considering the following factors: reduction in the total area of land disturbance; reduction in the total area of impervious coverage; reduction in the total length of new streets; reduction in the construction of new drainage facilities; and the preservation of trees and woodland.

(2) Required location.

(a) A residential cluster of single-family dwellings may be located on contiguous or on noncontiguous land in the R-AG and/or R-AG/4 Zone Districts, with the single-family dwellings located so that higher densities result in one area or in part of one area of the land in the R-AG or R-AG/4 Zone Districts, thereby enabling the preservation of common or public open space on the remaining area of land in the R-AG or R-AG/4 Districts. The single-family dwellings and the open space of an R-AG or R-AG/4 cluster shall be located in no other zone district except as provided in § 95-5.4N(9) below.

(b) A residential cluster of single-family dwellings may be located on contiguous or on noncontiguous land in the RE Zone District, with the dwelling units located so that higher densities result in one area or in part of one area of the land in the RE Zone District, thereby enabling the preservation of common or public open space on the remaining area of land in the RE Zone District. The dwelling units and the open space of an RE cluster shall be located in no other zone district except as provided in § 95-5.4N(9) below.

(3) Minimum total land area required. The minimum total land area required for development as a residential cluster is 40 acres. At least 65% of the total minimum land area requirement for a residential cluster shall be unencumbered by any of the following: wetlands or wetlands transition areas; areas of special flood hazard; existing easements for utilities or drainage; rights-of-way; surface waters. Land that is already permanently protected from development as open space through a conservation easement or other means cannot be used to satisfy the minimum area requirement.

(4) Minimum tract size required for noncontiguous land. No individual tract of land proposed for development as a noncontiguous residential cluster shall be less than 15 acres. At least 65% of this minimum area requirement shall be land unencumbered by any of the following: wetlands or wetlands transition areas; existing easement areas for utilities or drainage; rights-of-way; areas of special flood hazard; surface waters. Land that is already permanently protected from development as open space through a conservation easement or other means shall not satisfy the minimum land area requirement. The total of all noncontiguous tracts in the cluster shall not be less than the minimum total land area required in § 95-5.4N(3) above.

(5) Maximum permitted number of dwelling units. The residential cluster shall not yield a greater number of dwelling units than would result from the development of the land as a fully conforming conventional subdivision of single-family lots. For purposes of determining the maximum number of dwellings permitted under the residential cluster alternative, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The conforming lot yield map shall be in a sufficient detail to permit the approving authority to make an informed decision that the subdivision satisfies all ordinance requirements in every respect and would be approvable as a conventional subdivision without the need for any variances, waivers, or exceptions from the Township Development Regulations. The number of dwellings shown on an accepted lot yield map of a conforming subdivision shall be the maximum number of lots permitted in the residential cluster.

(6) Minimum area and bulk standards for residential lots.

(a) The number of dwellings shown on an accepted lot yield map of a conforming subdivision shall be the maximum number of lots permitted in the residential cluster. The minimum size for a residential lot in a cluster development in the R-AG and the R-AG/4 Zone Districts shall be 1 1/2 acres with a minimum improvable area of 15,000 square feet. The residential cluster lot shall otherwise conform to the yard and bulk standards of the R-R Residential Zone. The density of the cluster development based on its total land area shall not exceed the maximum permitted density of the zone district.

(b) The number of dwellings shown on an accepted lot yield map of a conforming subdivision shall be the maximum number of lots permitted in the residential cluster. The minimum size for a residential lot in a cluster development in the RE Zone District shall be 3/4 of an acre with minimum lot frontage and width of 150 feet. The residential cluster lot shall otherwise conform to the yard and bulk standards of the R-20 Residential Zone. The density of the cluster development based on its total land area shall not exceed the maximum permitted density of the zone district.

Zone District	Minimum Cluster Lot Size (acres)	Maximum Permitted Density In Dwelling Units Per Acre
R-AG/4 Rural Agricultural	1.5	0.25
R-AG Rural Agriculture	1.5	0.36
RE Residential Environmental	0.75	0.33

(7) Open space design requirements. The cluster design for open space should be arranged to preserve land as public or common open space in accordance with the following criteria.

(a) A minimum of 60% of the gross land area of the cluster shall be preserved as common or public open space. If the residential cluster includes an existing farm, the continued use of preserved open space as a farm may be permitted, subject to approving authority acceptance of the continued farm operation as part of the overall cluster design.

(b) All areas to be preserved as public or as common open space shall be clearly identified and reserved on the plans submitted for approval. The existing and planned use of the open space shall be indicated on the plans.

(c) The minimum land area required to be preserved as common or public open space shall be land that is not already preserved as open space or preserved as farmland, or is the subject of an application or contract of sale to be preserved as open space or farmland.

(d) The area proposed as public or private open space shall be suitable for enjoyment and use as open space. The approving authority may require that the applicant submit a Phase I and, if deemed necessary, a Phase II environmental report. The approving authority may withhold approval of any area that it deems unsuitable as open space.

(e) At least 65% of the minimum land area required to be preserved as common or public open space shall be land unencumbered by any of the following: wetlands or wetlands transition areas; areas of special flood hazard; existing easement areas for utilities or drainage; rights-of-way; surface waters.

(f) Stormwater management basins are structures and do not qualify as open space for the purpose of meeting the public or common open space requirements.

(g) Any common or public open space area shall be at least 10 acres in area and have a minimum width of 200 feet and a minimum depth of 200 feet unless the approving authority determines that the proposed open space area is contiguous with and/or expands or extends an existing common open space or a public open space; or that the proposed open space is contiguous with a land area in other ownership that has been permanently preserved as open space or as farmland pursuant to a federal, state, county, or Township open space acquisition or farmland preservation program. In such cases, or for other reasons that would advance the public interest, the approving authority may approve a smaller area where it determines that such action would be beneficial to the open space design of the cluster.

(h) An open space lot shall have a minimum road frontage of at least 200 feet.

(8) Open space ownership. The application for development shall identify the existing and proposed ownership of all proposed open space areas. The Township, or federal, state, or county agency, may accept the dedication of open space land or any interest therein for public use and maintenance. In the event that the developer does not dedicate the open space to the Township, or the Township declines the dedication of the open space, the developer shall provide for the preservation, ownership, and maintenance of the open space in accordance with the applicable requirements of § 95-8.9 of the Township Development Regulations and N.J.S.A. 40:55D-43.

(9) Relationship to single-family detached residential cluster development in the R-40/20 District. The developer of a single-family detached residential cluster development in the R-40/20 District that is permitted under § 95-5.4D of the Township Development Regulations, may propose that the open space required for the R-40/20 cluster be provided in the R-AG, or the R-AG/4, or the RE Districts. The approving authority may allow the open space requirement of an R-40/20 residential cluster to be provided in the R-AG or the R-AG/4 or the RE Districts where it determines that preservation of open space presents a significant opportunity for improved community planning that better conserves natural and cultural resources, preserves open space and farm areas, or reduces the need for additional infrastructure. The approving authority may permit the residential lot yield attributable to a conforming conventional subdivision of the open space land preserved in the R-AG or the R-AG/4 or the RE Zone Districts to be located in the R-40/20 Residential Zone District as part of the R-40/20 residential cluster development.

§ 95-5.5 Limited Business Districts Standards.

A. Permitted uses. In all limited business districts (LB-T, LB-M, LB-S, and LB-W), the following uses shall be permitted, subject to any additional regulations provided for in the particular district.

(1) Professional and business offices.

(2) Animal hospitals.

(3) Banks.

(4) Antique shops.

(5) Child-care centers.

(6) Farms.

(7) Garden supply and nursery centers.

(8) Post offices.

(9) Municipal facilities, volunteer fire house, or first aid station.

(10) Nursing homes.

B. Conditional uses. The following shall be permitted upon issuance of a conditional use permit and subject to the regulations of the specific LB Zone District.

(1) Places of worship.

(2) Schools.

C. Accessory uses.

(1) Off-street parking and loading shall be a required accessory use in the Limited Business District.

(2) Fences, signs and walls should be permitted as an accessory use in the Limited Business District.

D. Limited Business/Tennent.

(1) In addition to the uses permitted in Subsection A above, the following shall be permitted in the Limited Business/Tennent District:

(a) Single-family detached residential uses provided the lot fronts upon Main Street.

(b) Home occupations, as an accessory use to any single-family detached residential use with frontage along Main Street subject to § 95-7.16B of this chapter.

(c) Office, retail and restaurant uses, provided that they are located no closer than 300 feet to a single-family residential district.

(2) The required area, building and yard requirements for the LB/Tennent District shall be as provided in the Schedule of Area, Yard and Building Requirements, Exhibit 5-2, Commercial, Industrial and Office Districts. Editor's Note: Exhibit 5-2 is included at the end of this chapter.

E. Limited Business/Millhurst. The Township Master Plan identifies Millhurst as an historic place of the early settlement of the Township. Consequently, the design standards of § 95-8.4, Landmark design requirements, shall apply to applications for site plan approval in the Limited Business/Millhurst District. In addition to the uses listed in Subsection A, the following shall be permitted uses in the Limited Business/Millhurst District:

[Amended 9-12-2012 by Ord. No. 2012-11]

(1) Nursery schools.

(2) Lumber and building materials dealers, provided that such a use is located on a minimum lot size of 12 acres and fronts upon a county road.

(3) A Category One restaurant, provided that such a use fronts on Sweetmans Lane (CR 527) or on NJSH 33.

(4) Data centers.

(5) Retail uses limited to 30% of the building area of all buildings on a site, and provided that all retail uses on a site shall front on Sweetmans Lane (CR 527).

(6) Instructional and vocational uses.

(7) Fitness/health clubs.

(8) Flex space.

[Added 12-19-2012 by Ord. No. 2012-18]

F. Limited Business/Smithburg (LB-S) and Limited Business/Wilson Avenue (LB-W).

(1) In addition to the uses listed in Subsection A, the following shall be permitted uses in the Limited Business/ Smithburg District and Limited Business/Wilson Avenue (LB-W):

(a) Retail food stores, such as convenience stores, bakeries, or confectionery stores, but not including supermarkets.

(2) In addition to the uses listed in Subsection A, the following shall be permitted uses in the Limited Business/Wilson Avenue (LB-W) District:

[Added 9-12-2012 by Ord. No. 2012-11]

(a) Instructional and vocational uses.

(b) Data centers.

§ 95-5.6 Overlay districts.

The public health, safety, and general welfare requires that development in specified areas must be subject to the control of additional uniform regulations and requirements. These specified areas may overlay a portion or all of one or more underlying zone districts. Within an overlay area, the requirements of the overlay zone shall govern.

A. Airport Safety Overlay Zone.

(1) The Airport Safety Overlay Zone is established in conformance with the general requirements and provisions of the Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 27:1 and 6:1 et seq. Editor's Note: No sections denoted 27:1 and 6:1 et seq. See N.J.S.A. 6:1-81 et seq. ) and in accordance with N.J.A.C. 16:62 (16 N.J.R. 977-83, 17 N.J.R. November 4, 1985 2673-2674) and N.J.A.C. 16:62 (21 N.J.R. 1378 May 15, 1989).

(2) The location of the Old Bridge Airport, adjacent to Manalapan Township, requires the delineation of an Airport Safety Zone, including runway subzones, runway end zones, and clear zones, pursuant to N.J.A.C. 16:62 et seq.

(3) Delineation of airport safety areas.

(a) Areas within the Airport Safety Zone shall include any area of land or water, or both upon which an airport hazard might be created or established if not prevented as provided by N.J.A.C. 16:62. The boundaries of the Airport Safety Zone established for the Old Bridge Airport shall be utilized as the boundaries of the Airport Safety Overlay Zone in Manalapan Township.

(b) The delineation of the Airport Safety Overlay Zone is shown on the Manalapan Township Zoning Map and the overlay boundaries and these regulations shall be interpreted and applied in accordance with the N.J.A.C. 16:62 et seq.

(4) Development activity within delineated Airport Safety Overlay Zone is hereby restricted and constrained in accordance with the provisions of this subsection.

(5) No person shall establish an airport hazard which is constituted by either:

(a) Any use of land or water, or both, which may create a dangerous condition for persons or property in or about an airport or aircraft during landing or taking off at an airport; or

(b) Any structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport.

(6) No person shall build, rebuild, create or cause to be built, rebuilt, or created any object or structure, or plant, or cause to be planted or permit to grow a tree or vegetation, which will interfere with, diminish, change or obstruct the airspace or landing and takeoff area available for the landing and takeoff of aircraft at public use airports except that this chapter shall not require the removal of or lowering of, or other change or alteration of any structure or tree not conforming to the rules when this subsection was adopted.

(7) Minimum development standards. Within the Airport Safety Overlay Zone the following standards are hereby established:

(8) Vertical height obstruction. No person shall establish a vertical height obstruction which shall include construction, reconstruction, creation or establishment of any vertical structure or planting of a tree which would violate the provisions of N.J.A.C. 16:62-4.2, Methodology used to define the vertical development allowed within an Airport Safety Area. Interstate highways shall be considered to be a seventeen-foot vertical obstruction; public roads other than an interstate highway shall be considered to be a fifteen-foot vertical obstruction; private roads shall be considered to be a ten-foot vertical obstruction and railroads shall be considered to be a twenty-three-foot vertical obstruction.

(9) Specifically prohibited land uses. No person shall establish within the Airport Safety Overlay Zone any of the prohibited land uses specifically enumerated in this subsection without the written approval of the New Jersey Commissioner of Transportation, provided that such uses are permitted within the underlying zone district.

(a) Residential dwelling units not situated on a lot of at least three acres in size, except that lawful preexisting single-family residential structures that are permitted by the underlying zone district, but which are not situated on a lot of at least three acres, shall not be deemed to be prohibited.

(b) Planned unit developments and multifamily dwellings.

(d) Schools.

(e) Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.

(f) Within the runway end subzones only, the aboveground bulk tank storage of flammable or toxic gases and liquids.

(g) Uses that may attract massing birds, including landfills.

(h) Above-grade major utility transmission lines and/or mains.

(10) Permits. Creation or expansion of a prohibited land use or vertical height obstruction within the Airport Safety Overlay Zone shall require a permit as follows:

(a) An application for a project requiring creation or establishment of a prohibited land use, or creation or establishment of a vertical height obstruction shall first apply for approval from the appropriate municipal agency.

(b) If the municipal agency approves the application, that approval shall be conditioned on the applicant applying for and receiving a permit from the New Jersey Commissioner of Transportation in accordance with N.J.A.C. 16:62-6.1.

(c) An application for a permit will only be considered by the NJDOT if accompanied by a resolution of approval from the municipal agency requesting the permit.

(d) Construction, development or creation of any prohibited land use or vertical height obstruction shall not commence until a permit has been issued by the New Jersey Commissioner of Transportation.

(11) Conditions not conforming to the standards of this chapter.

(a) A preexisting structure or use located in a clear zone and not in conformance with the standards of the chapter shall be classified as nonconforming.

(b) Variances. No variance, subdivision or other relief from the standards promulgated by or under N.J.A.C. 16:62-2 within the Airport Safety Overlay Zone may be granted by the Township to itself or any person except upon the condition that the variance or relief is contingent upon the issuance of a permit allowing the variance or relief by the Commissioner of the New Jersey Department of Transportation.

(12) Permitted uses. Land use within the Airport Safety Overlay Zone shall be limited to the following, subject to the provisions and requirements of the underlying zone district:

(a) Residential single-family dwellings situated on lots of at least three acres and not located in a clear zone, provided that single-family residential uses are permitted in the underlying zone districts. Lawful preexisting single-family residential dwellings which are on lots of less than three acres and are located outside a clear zone may be expanded in accordance with the underlying zone district regulations.

(b) Open space, where permitted by the underlying zone district.

(13) Ordinance and Master Plan notice requirements to Division of Aeronautics. The Township Clerk shall transmit at the time of adoption, amendment or when requested, a valid copy of the Airport Safety Overlay Zone (§ 95-5A of this chapter), and other applicable sections of this chapter as may affect the Airport Safety Overlay Zone or the operation of the Old Bridge Township Airport, and the Planning Board Secretary shall transmit at the time of adoption, amendment or when requested, a valid copy of the Master Plan to the New Jersey Department of Transportation, Division of Aeronautics, Air Safety and Hazardous Zoning Permits.

(14) Chapter and Master Plan notice requirements to Division of Aeronautics. The Township Clerk shall transmit at the time of adoption, amendment or when requested, a valid copy of the Airport Safety Overlay Zone subsection of this section as may affect the Airport Safety Overlay Zone or the operation of the Old Bridge Township Airport, and the Planning Board Secretary shall transmit at the time of adoption, amendment or when requested, a valid copy of the Master Plan, to the New Jersey Department of Transportation, Division of Aeronautics, Air Safety and Hazardous Zoning Permits.

(a) The Township shall notify, in writing, each owner of record of property located within the Airport Safety Overlay Zone of the boundaries of the Airport Safety Overlay Zone, and a duly authenticated copy of this notification shall be filed with the county recording officer in the same manner as a deed or other instrument of conveyance. No cause of action against the state, any county or municipality shall arise out of a failure to give the notice required by this subsection.

(b) A metes and bounds description of the Airport Safety Overlay Zone shall be incorporated into the municipal maps used for tax purposes and prepared pursuant to N.J.S.A. 54:1-15 and P.L. 1939, c. 167 (N.J.S.A. 40:146-27 et seq. Editor's Note: Repealed by L. 1989, c. 117. See N.J.S.A. 40A:63-6 et seq. ).

(15) Any person who sells or transfers a property in an Airport Safety Overlay Zone delineated under the Air Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.) and appearing in a map used for tax purposes pursuant to Subsection b of Section 12 of the Air Safety and Hazardous Zoning Act of 1983, shall provide notice to a prospective buyer that the property is located in an Airport Safety Overlay Zone prior to the signing of a contract for sale. Failure to provide notice required by this section may, pursuant to the Act, result in the suspension or revocation of the person's license to engage in real estate sales in this state or other appropriate disciplinary action by the New Jersey Real Estate Commission in the case of a person subject to the jurisdiction of the Commission. Editor's Note: See Ch. 125, Home Buyers, Notice to

B. Flood Hazard Overlay District. Editor's Note: See Ch. 113, Flood Damage Prevention.

(1) The flood hazard areas of Manalapan Township are subject to periodic inundation which threatens life and property, disrupts commerce, and requires expenditures for flood protection and relief. The purpose of this chapter is to discourage construction and fill or regrading in flood hazard areas, to prevent encroachments which would obstruct or constrict the area through which water must pass, to prevent damage to property and loss of life, to prevent pollution of water courses by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas, and to support the conservation, protection and maintenance of the stream corridors within the Township.

[Amended 9-18-2002 by Ord. No. 02-24]

(2) Any and all lands or portions of land within Manalapan Township which are classified as a floodway, flood fringe, or one-hundred-year floodplain by the New Jersey Department of Environmental Protection, and/or by the Federal Emergency Management Administration, or as an area of special flood hazard or floodway pursuant to § 113-4, Definitions, of Chapter 113, Flood Damage Prevention, of the Manalapan Township Code is hereby designated as the Flood Hazard Area Overlay District. The Overlay District shall operate in conjunction with the underlying zone district such that the overlay provisions, where more restrictive or imposing a higher standard, shall govern.

(3) Permitted uses. Land use within the Flood Hazard Overlay District shall be limited to the following:

(a) Open space.

(b) Cultivation of the soil for agricultural or horticultural production, pasture, outdoor plant nurseries, wildlife sanctuary, game farm, and other similar agricultural, wildlife and related uses provided such uses are permitted by the underlying zone district.

(4) Design guidelines. All permitted development shall comply with Chapter 113, Flood Damage Prevention, of the Township Code.

C. Freehold Road - Tennent Road Landmark Corridor Overlay District. The Freehold Road - Tennent Road Landmark Corridor Overlay District encompasses landmark sites of national significance including the Old Tennent Church and Monmouth Battlefield State Park. Any development within the corridor area which requires site plan or subdivision review shall be subject to § 95-8.4, Landmark design requirements, of this chapter.

D. Route 33 Overlay Zone. The purpose of the Route 33 Overlay Zone is to secure, protect and maintain a greenbelt along properties fronting on Route 33 in Manalapan Township. The subsection intent is to promote a desirable visual environment, establish a positive image of the corridor, provide landscaped open space along the highway frontage to complement the corridor's natural and man-made features and to promote connectivity and a more distinctive sense of place and identity for the Township. Within the Route 33 Overlay Zone, the following standards and requirements shall apply, except that where the underlying zoning requires a greater yard or setback requirement or is more restrictive than the provisions of the overlay zone, then the more restrictive provisions shall govern.

(1) All parking areas, loading areas and detention basins shall be set back a minimum of 35 feet from the N.J.S.H. 33 right-of-way.

(2) All buildings shall be set back a minimum of 60 feet from the N.J.S.H. 33 right-of-way.

(3) A curb shall be provided along the property frontage at the edge of the roadway as part of any application for major subdivision or site plan approval.

(4) There shall be no outdoor display or storage of merchandise within 60 feet of the N.J.S.H. 33 right-of-way.

(5) Retention basins may be permitted within the required front yard area along Route 33, provided such basins are designed to serve as aesthetic landscape features that will maintain or accentuate the visual continuity of the landscaped greenbelt along the highway frontage.

(6) As part of any application for major subdivision or site plan approval, a landscaped open space shall be established and maintained as a greenbelt along the frontage of property adjacent to the N.J.S.H. 33 right-of-way. The greenbelt shall maintain a minimum width of 35 feet. Driveway access across the greenbelt to N.J.S.H. 33 is permitted subject to the approval of an access permit by the New Jersey Department of Transportation pursuant to the State Highway Access Management Act. Any application for site plan or subdivision approval for lands with frontage on N.J.S.H. 33 shall include a landscape plan drawn in accordance with § 95-8.5D, Buffering and screening; § 95-8.5A, Design principles; and § 95-8.5F. Street trees, of the Development Regulations of the Township. The landscaping in the greenbelt shall be arranged to screen or create views, to create a desirable visual environment, to enhance open space and natural features, to provide seasonal color and interest and to accent driveway access and site circulation. The municipal agency may require additional landscaping or modifications to better achieve the intent and purpose of the Route 33 Overlay Zone. Specific consideration in the landscape design shall be given to the following:

(a) Preserving mature and healthy trees, woodlands and specimen plantings as part of the landscaped greenbelt.

(b) Supplementing understory areas with shade-tolerant, naturalistic massed plantings of evergreen and/or ornamental vegetation.

(c) Berms shall be provided as part of the landscape plan for the greenbelt. Such berms shall be arranged to screen the view of the site from Route 33. Any berms shall blend topographically with other landscape elements and shall be planted with masses and groupings of trees, shrubs and ground cover. In its sole discretion the municipal agency may approve alternative designs to the use of berms if it determines that the alternative will be as or more effective than berms in promoting a desirable visual environment, establishing a greenbelt along the frontage of Route 33 and screening views.

(7) Parking and loading areas, storage tanks, holding areas for solid waste or recvclables, outdoor storage or display areas, mechanical equipment and similar features shall be screened from view from N.J.S.H. 33.

(8) An application for site plan or major subdivision approval shall include a circulation plan for pedestrians and vehicles. To facilitate circulation between adjoining sites and reduce traffic movements onto Route 33, the municipal agency may require a site to directly interconnect with other development sites in the zone district. The municipal agency may require stub connections between a proposed development and neighboring sites that are not yet developed or are underdeveloped or capable of being further subdivided.

(9) Signs. Any application for site plan approval shall include a program for signs consistent with the requirements outlined in § 95-8.7.I, Signs within the overlay zone shall comply with the sign requirements as provided by § 95-8.7, Signs, of the Township Development Regulations, with the following exceptions for ground signs and wall signs.

(a) The only type of ground sign permitted shall be type G-4 as modified herein. The ground sign message shall be limited to the name of the business, the business logo, and the street address. No part of the ground sign shall be used for the display of a changeable message. For the purpose of the Route 33 Overlay Zone, a G-4 ground sign shall be permitted as provided below:

[Amended 10-7-2008 by Ord. No. 2008-20]

[1] The ground sign shall have a maximum area of 0.3 square feet for every foot of lot frontage up to a maximum of 80 square feet.

[2] The sign shall have a maximum height of six feet and may be either rectangular or geometric in shape; and may be constructed without the minimum required ground clearance for sign type G-4.

[3] Landscaping, consisting of a floral bed, ornamental ground cover or shrubbery, or a combination of the same, shall be provided and maintained in a bed at the base of the sign in accordance with a landscaping plan approved by the municipal agency.

(b) The wall signage for an individual establishment shall be limited as follows:

[1] The maximum area of any wall sign shall not exceed 10% of the area of the wail upon which the sign is located, and in no case shall any sign exceed 200 square feet.

[2] The maximum width of any wall sign shall not exceed 75% of the width of the wall upon which the sign is located.

[3] The maximum letter height shall be based upon the floor area of the establishment as follows:

	Floor Area (square feet)	Maximum Letter Height (feet)
	Greater than 35,000	4
	5,000 to less than 35,000	3
	Less than 5,000	2

Where any part of a development falls within the boundaries of the Route 33 Overlay Zone, then the above limitations and exceptions on signage shall apply to the ground and wall signs for all areas of the development.

(10) Applicability to existing conforming development. Any existing lot in the Route 33 Overlay Zone on which a building or structure is located that does not conform to the requirements of the overlay zone (but which otherwise conforms to the requirements of the underlying zone district) may have additions made to the principal building and/or construction of any accessory building or structures without a variance from the overlay zone standards and requirements, provided that:

(a) There is no change in the use of the lot or principal building.

(b) The building additions do not exceed 1,000 square feet of gross floor area.

E. Affordable Housing Overlay Zone-1 (AH-1). The purpose of the Affordable Housing Overlay Zone-1 is to implement the recommendations of the Township Master Plan Housing Element and Fair Share Plan for the development of one or more municipally sponsored one-hundred-percent affordable housing developments to address the third-round housing obligation of the Township for the period of 2004 to 2018. The AH-1 overlay provides for the development of affordable housing for very-low-, low-, and moderate-income housing, in a suitable location in conformance with the requirements of the New Jersey Council on Affordable Housing (COAH).

[Added 12-16-2009 by Ord. No. 2009-29]

(1) Applicability. The Affordable Housing Overlay Zone-1 shall be applied to Block 47, Lot 17, which is shown on the Official Tax Map of the Township. The Official Zoning Map of the Township of Manalapan is hereby amended in accordance with the foregoing and is incorporated by reference. Editor's Note: The Zoning Map is on file in the Township offices. The Affordable Housing Overlay Zone-1 shall be permitted to be developed by a Township-approved affordable housing developer for affordable housing in accordance with these provisions. For the purpose of permitting the development of a municipally sponsored one-hundred-percent-affordable housing development, the provisions and requirements of the Affordable Housing Overlay Zone-1 shall supersede the provisions and restrictions of the underlying single-family zone district. In the event of a conflict between the provisions of this section and other sections of the Township development regulations with respect to the development of multi-family housing, the provisions of the Affordable Housing Overlay Zone-1 shall govern.

(2) Minimum tract size. The Affordable Housing Overlay Zone-1 shall require a minimum tract size of 20 acres for development.

(3) Principal permitted uses. The permitted use of the Affordable Housing Overlay Zone-1 shall be the residential development of multi-family buildings. All dwelling units within the development shall be affordable rental units, and all units shall be developed and marketed in accordance with COAH rules and regulations.

(4) Accessory uses. The following shall be permitted:

(a) Off-street parking facilities.

(b) Fences in accordance with the standards of § 95-7.24.

(c) Recreation areas, recreational facilities, and buildings for the common use and enjoyment of residents of the Affordable Housing Overlay Zone-1 such as, but not limited to, community centers; clubhouses; tennis courts; tot-lots; playgrounds; swimming pools; trails; putting greens; and passive open space.

(d) Minor signs and Type A signs.

(e) Other uses which are customarily incidental and accessory to the principal use.

(5) Required uses. The following shall be required:

(a) One playground.

(b) One community center and leasing office.

(6) Bulk, area and building requirements. The following requirements shall apply:

(a) Maximum lot coverage (buildings): 20%.

(b) Maximum building height: 48 feet (three stories).

[1] Wetlands, floodplains, and statutory buffers shall be considered unoccupied open space.

(d) Minimum gross habitable floor area:

[1] One-bedroom units: 700 square feet.

[2] Two-bedroom units: 900 square feet.

[3] Three-bedroom units: 1,100 square feet.

(e) Setback from Wood Avenue (County Route 522): 75 feet.

(f) Setback from internal streets: 50 feet.

(g) Setback from property lines other than Wood Avenue (County Route 522): 100 feet.

(h) Minimum distance between principal buildings:

[1] Front facade to front facade: 75 feet.

[2] Side facade to side facade: 35 feet.

[3] Rear facade to rear facade: An average of 40 feet but no less than 35 feet.

(i) Maximum building length: 145 feet.

(j) Minimum distance between principal buildings and internal drives: 20 feet.

(k) Minimum distance between principal buildings and parking areas: 20 feet.

(l) Maximum number of dwelling units within a building: 14.

(7) Bedrooms per unit. The number of bedrooms per unit and the bedroom distribution shall be in accordance with COAH regulations.

(a) No dwelling shall have more than three bedrooms.

(b) No more than 24, or 30%, of the dwelling units shall be three-bedroom units.

(8) Density requirements. Not more than 80 dwelling units shall be permitted within the Affordable Housing Overlay Zone-1.

(9) Site improvement standards.

(a) The residential development shall be served by sanitary sewers and by public water service.

(b) The residential development shall be planned and designed to meet the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).

(c) Adequate provision shall be made for the location and placement and screening of areas for the holding and collection of solid waste and recyclable materials.

(d) Adequate provision shall be made for exterior lighting.

(e) Adequate landscaping shall be provided, but the requirements of § 95-8.5 shall be applied only as guidelines in order to facilitate a one-hundred-percent-affordable housing development.

(f) Off-street parking shall be provided for the community center. At least one parking space per 342 square feet of building floor area shall be provided.

(10) Income restrictions.

(a) All units must be affordable to very-low-, low-, or moderate-income households and subject to affordability and occupancy controls in accordance with the rules and regulations of the Council on Affordable Housing.

(b) No less than 10 of the total number of units shall be affordable to very-low-income households, as defined by the Council on Affordable Housing.

(c) At least 50% of the total number of units shall be affordable to low-income households, as defined by the Council on Affordable Housing. For the purpose of this regulation, all units that are affordable to very-low-income households shall also be considered to be affordable to low-income households.

(11) Replacement trees. In order to facilitate the development of housing that is affordable to very-low-, low-, and moderate-income households, the standards of § 222-26 are waived when the development fully complies with the requirements of the AH-1 Zone overlay.

(12) Open space design requirements. In order to facilitate the development of housing that is affordable to very-low-, low-, and moderate-income households, the standards of § 95-8.9A, C, D(1) and D(2) are waived when the development fully complies with the requirements of the AH-1 Zone overlay.

(13) Marketing. All dwelling units shall be affirmatively marketed in accordance with the Council on Affordable Housing regulations. All rental units shall be rented in accordance with the Council on Affordable Housing regulations.

(14) Accessibility. All applicable regulations of the Council on Affordable Housing shall apply.

(15) Management. The affordable housing developer shall provide a plan acceptable to the Township for the management and maintenance of the residential development.

(16) Application fees. The application fees required by § 95-3.14 shall be paid by the applicant for the one-hundred-percent-affordable housing development, except for those fees that are specifically waived by the Township Committee prior to submission of the application.

§ 95-5.7 Consent Districts.

[Amended by Ord. No. 94-23; 5-23-2001 by Ord. No. 2001-09; 12-15-2004 by Ord. No. 2004-32]

A. The CD-KH District, the CD-FS Four Seasons Consent District and the CD-M Meadows Consent District recognize locations on or near N.J.S.H. 33 for planned residential development that have been created pursuant to the "Order for Final Judgment of Mount Laurel II Compliance and Repose" entered in the Superior Court of New Jersey. Development within these districts is permitted pursuant to the Court order and in accordance with the Manalapan Township Housing Element and Fair Share Plan granted substantive certification by the New Jersey Council on Affordable Housing, as amended. These districts provide for inclusionary housing development in fulfillment of the Township obligation to provide for its fair share of the regional need for low- and moderate-income housing. Shopping centers on a lot of no less than 25 acres are subject to all requirements of the C1 District as permitted in the CD-KH District in accordance with the Court order.

B. The Knob Hill Consent District permits a planned residential development consisting of single-family dwellings, townhouses, multifamily dwellings, commercial land use, and common open space and recreational amenities and supporting improvements that include an eighteen-hole golf course, club house, swimming pool, and tot-lots. The layout of the development, the mix of uses and dwellings, and the extent of the permitted improvements are subject to the general development plan approved by the Township Planning Board pursuant to the "Order for Final Judgment of Mount Laurel II Compliance and Repose" and the subdivision and site plans subsequently approved by the Planning Board. Affordable housing within the district is subject to the affordable housing plan for Knob Hill approved by the Township.

C. The area, building and yard requirements applicable to residential development in the Knob Hill Consent District are specified in the Schedule of Area, Yard and Building Requirements, Exhibit 5-1.1, Knob Hill Consent District. Editor's Note: Exhibit 5-1.1 is included at the end of this chapter.

D. The area, building and yard requirements applicable to residential development in the Four Seasons Consent District are specified in the Schedule of Area, Yard, and Building Requirements, Exhibit 5-1.2, Four Seasons Consent District. Editor's Note: Exhibit 5-1.2 is included at the end of this chapter. Additional requirements are set forth in § 95-5.7F, below.

E. The area, building and yard requirements applicable to residential development in the Meadows Consent District are specified in the Schedule of Area, Yard and Building Requirements, Exhibit 5-1.3, Meadows Consent District. Editor's Note: Exhibit 5-1.3 is included at the end of this chapter. Additional requirements are set forth in § 95-5.7G below.

F. CD-FS Four Seasons Consent District. The purpose of the Four Seasons Consent District (CD-FS) is to allow an age-restricted planned residential development that will provide at least 391 credits towards the Township obligation to provide a fair share of the regional need for low- and moderate-income housing. The planned development will result in the construction of not more than 692 age-restricted single-family dwelling units and an age-restricted multifamily dwelling containing not more than 100 affordable rental dwelling units. The single-family dwelling units will be sold at market rates. In lieu of constructing additional affordable housing units onsite to provide the required credits, the developer will have the option to arrange and provide payments in lieu of construction to transfer 189 lower income dwelling units through regional contribution agreements (RCAs) to other communities; to fund an additional 30 RCAs arranged by the Township; and to fund the rehabilitation of 43 low- and moderate-income dwelling units in Manalapan Township.

(1) Principal permitted uses. Development of the CD-FS District shall be permitted as an age-restricted planned residential development. The housing within the development shall qualify as "55 and over housing" within the meaning of the Federal Fair Housing Act. The planned residential development shall be limited to the following principal permitted uses:

(a) Age restricted single-family dwellings.

(b) Multifamily rental dwelling limited to age-restricted affordable low- and-moderate income dwelling units and one apartment for an on-site manager.

(2) Permitted accessory uses.

(a) Recreation area(s) and recreational facilities and buildings for the common use and enjoyment of residents of the planned development such as, but not limited to, clubhouse, tennis courts, swimming pools, trails, putting green and passive open space.

(b) Uses which are customarily incidental and accessory to the principal use.

(3) Minimum tract area required. The minimum gross tract area required for development as a planned residential development in the CD-FS District is the area of the CD-FS District.

(4) Maximum density. The maximum density permitted for the planned residential development based upon the gross tract area for all units is 2.10 dwelling units per acre. The planned residential development shall be designed to set aside a lot for the development of an age-restricted multifamily dwelling with affordable units. The density of the multifamily lot shall not exceed 15.10 units per acre.

(5) Impervious tract coverage. The impervious coverage of the gross tract area of the planned residential development shall not exceed 25%.

(6) Utilities. The planned development shall be served by public water and public sewers and shall provide for sewer and water improvements in accordance with an approved general development plan. The timing and phasing of sewer and water improvements shall be subject to the review and approval of the Planning Board. Sewer and water improvements shall be completed by the developer in accordance with a schedule approved by the Planning Board. The developer shall provide water and sewer connections at its property line with the VC Village Commercial District. The lines will be provided with sufficient capacity to serve the future commercial development of the VC Village Commercial District.

(7) Stormwater management. The planned development shall provide for stormwater management in accordance with an approved general development plan. Stormwater management basins shall be owned and maintained by a master homeowners' association that will be established by the developer. The timing and phasing of the stormwater management improvements shall be subject to the review and approval of the Planning Board. Stormwater management improvements shall be completed in accordance with a schedule approved by the Planning Board.

(8) Circulation. The planned development shall provide for pedestrian and vehicular circulation improvements in accordance with an approved general development plan.

(a) The timing and phasing of the circulation improvements shall be subject to the review and approval of the Planning Board.

(b) Circulation improvements shall be completed in accordance with a schedule approved by the Planning Board.

(c) All roadways, parking areas and landscaped islands shall be private and maintained by a homeowners' association, except that access roads across lands dedicated to and accepted by the Township for public use may be public roads.

(d) The streetlighting plan shall be arranged to provide that any future lighting costs incurred by the Township shall be based upon the contribution fixtures rate and that the agreement with the local utility shall be reviewed and approved by the Township Engineer and the Township Attorney as provided by § 95-9.3C4 of the Township Development Regulations.

(e) Prior to final approval, the planned development shall provide a municipal services agreement with the Township for the contribution by the Township for maintenance, snowplowing and lighting in accordance with municipal policies in effect at that time.

(f) Each single-family detached dwelling shall be constructed with and shall maintain a two-car garage served by a driveway with a width of at least 20 feet and a length of at least 20 feet between the face of the garage door and the right-of-way. The homeowners' association documents shall prohibit the conversion of the garage to any other use.

(g) Within the multifamily rental dwelling section of the planned development, leases for the multifamily units shall provide that tenants shall be limited to one car.

(h) A parking lot shall be provided for the clubhouse of the development. The clubhouse may be used for a commuter parking lot for residents of the planned development. The public offering statement for the development shall disclose to potential homeowners that the parking lot may be used for commuter parking.

(i) The planned development shall facilitate the movement of vehicles and pedestrians by planning and providing a direct interconnection between its internal street system and the roads and parking areas of the VC Village Commercial Zone.

(9) Common open space and recreation area requirements. The planned residential development shall provide common open space and recreation areas and improvements to meet the following minimum requirements:

(a) The development shall maintain at least 225 acres of the CD-FS Zone as open space and recreation areas, inclusive of wetlands, wetlands transition areas, floodplains, steep slopes and lands dedicated to public use.

(b) Recreation facilities.

[1] The recreation facilities provided as part of the planned development shall include an active recreation area for the use and enjoyment of the residents of the planned development. At a minimum, the active recreation area shall be developed to provide the following improvements and meet the following requirements.

[a] A clubhouse/community center building with at least 20,000 square feet of floor area, including an indoor swimming pool, multipurpose room and other indoor activity areas.

[b] Outdoor recreation facilities, including swimming pool and tennis courts.

[c] Walking trails.

[d] Other appropriate active recreation facilities as approved by the Planning Board.

[2] The recreational facilities shall be owned and maintained by a homeowners' association. All owners of single-family dwelling units within the planned development shall be members of the homeowners' association. Tenants of the multifamily dwelling shall be permitted to use the active recreation facilities as if they were members of the homeowners' association.

(c) At least nine acres of the planned development shall be set aside and improved as an area for a clubhouse/community center building and related active outdoor recreation facilities for the benefit of the residents of the planned development. The clubhouse community center building and recreation area shall include an improved off-street parking area for a minimum of 230 cars. The clubhouse/community center building shall be set back at least 80 feet from any street. The clubhouse/community center building and parking area shall be located no closer than 100 feet to any residential lot. The perimeter of the area shall be appropriately landscaped as required by the Township Planning Board.

(d) The clubhouse/community center building height shall not exceed two stories or 35 feet in height. The building design shall be coordinated with the design of the single-family dwellings.

(e) The recreational improvements of the planned development shall provide for a walking trail through the CD-FS and the CD-M Zones. The trail shall be at least six feet in width running from Millhurst Road to Woodward Road and designed to align with the recreational trail leading ultimately to Monmouth Battlefield State Park. The planned development shall provide an easement for public pedestrian access and use of the trail. The oortion of the trail within the CD-FS Zone will be constructed as part of the age restricted planned development and shall be owned and maintained by the homeowners' association of the planned development unless dedicated to and accented by a public entity.

(f) All recreational and community center buildings and facilities, including swimming pools, tennis courts, clubhouses and other such recreational, community service and cultural facilities, shall be subordinate to the residential character of the community. No advertising or commercial enterprise shall be permitted.

(g) The clubhouse/community center building shall be constructed and completed and receive a certificate of occupancy by the issuance of the 225th building permit for the single-family dwelling units of the planned development.

(h) All other recreational improvements, with the exception of the recreational walking trail, shall be completed before the issuance of the 325th building permit for the single-family dwelling units of the planned development.

(i) The recreational walk trail shall be completed by the 400th building permit for the single-family dwelling units of the planned development.

(j) Land dedicated for open spaces shall include, wherever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements as may be found necessary by the Planning Board to ensure the attractiveness and suitability of the area as open space.

(k) The provisions for the common open space and recreation areas of the development shall conform to the applicable requirements of § 95-8.9F, G and H regarding deed restrictions, ownership and maintenance.

(l) All wetlands areas and buffer areas shall be dedicated as conservation easements to the Township of Manalapan.

(10) Provision of land for public use. Pursuant to the "Order for Final Judgement of Mount Laurel II Compliance and Repose," the planned developed of the consent districts is to provide areas for public and quasi-public use. In the CD-FS Zone, at least 35 acres shall be reserved for public purposes in a location approved by the Planning Board. The Township shall have the right to accept the dedication of all or any part of the reserved lands, and the developer shall dedicate such lands at the time of the first final subdivision or final site plan approval granted by the Township to the planned development.

(11) Annual limits on certificates of occupancy. The build out of the CD-FS Zones as a planned development shall be limited to 250 certificates of occupancy per year for the first two years and 175 certificates of occupancy per year thereafter. This limitation shall not include the model homes, sales office or clubhouse. A year shall be a calendar year beginning with the calendar year in which either of the developers of the CD-M Zone or the CD-FS Zone obtains its first building permit.

(12) Affordable housing requirements. The planned development shall provide for the production of at least 391 affordable low- and moderate-income dwelling units or credits toward the Township fair share housing obligation. In lieu of construction of 391 affordable dwelling units or credits on site, the developer will have the option of producing the affordable housing as three components as described herein. To exercise this option, the developer must commit to providing for all three components as part of its application for preliminary approval. One component will be the construction within the planned development of 100 age-restricted low- and moderate-income rental dwelling units. With 29 rental bonus credits, the age-restricted project will provide 129 credits towards the Township fair share housing obligation. The second component will be payments to the Township in lieu of constructing 189 affordable lower-income housing units on site. The payments will fund one or more regional contribution agreements (RCAs) to be arranged by the developer. The third component will be payments to the Township for 73 additional units off site. The payments for the 73 units will be used for the rehabilitation of housing within Manalapan and for RCAs arranged by the Township.

(a) One hundred and twenty nine credits for low- and moderate-income units shall be provided by the construction on site of 100 lower-income dwelling units in a multifamily building. All dwelling units shall be age-restricted except for the building superintendent's apartment. The distribution of low- and moderate-income dwellings within the building shall be in accordance with the requirements of the Council on Affordable housing. The rents established will be maintained at a level such that no affordability assistance is required from the Township.

(b) One hundred and eighty nine credits in lieu of construction on site of 189 affordable lower-income units will be provided by a payment to fund one or more regional contribution agreements. The developer of the planned development will be responsible for arranging for and fully funding the regional contribution agreements to complete the transfer of dwelling units, including any and all costs incurred by the Township.

(c) Thirty credits will be provided in lieu of construction of 30 lower-income units on site by a cash contribution from the developer to the Township to fully fund 30 lower-income units through regional contribution agreements arranged by the Township, including any all costs incurred by the Township.

(d) Forty three credits will be provided in lieu of construction of 43 lower-income units on site by a cash contribution from the developer to the Township to fully fund the rehabilitation of 43 lower-income housing units within Manalapan Township.

(e) The developer shall indemnify and hold the Township harmless from all costs or guarantees imposed by the Council on Affordable Housing (COAH) upon the Township for the regional contribution agreements and the housing rehabilitations that the developer will fund in lieu of construction on site of lower-income units. No later than the first final site plan approval, the developer shall provide a performance guarantee in a form acceptable to the Township Attorney and in an amount to be determined by the Township for the payments in lieu of construction to be made by the developer.

(f) A detailed affordable housing plan for the implementation of the 100 low- and moderate-income housing units to be constructed on site and the payments in lieu of construction shall be submitted with the first application for final site plan or subdivision approval. The plan shall be subject to the approval of the Township Committee. The plan shall be drawn to meet the requirements of the Township affordable housing regulations and the requirements of the New Jersey Council on Affordable Housing.

(g) The master deed and bylaws governing the planned development shall be submitted for Township review and approval with the first application for site plan or subdivision approval. The master deed and bylaws shall provide that all tenants of the lower-income multifamily dwelling shall have use of the clubhouse/community building and the recreation facilities of the planned development without fee. The arrangement between the landlord/owner of the multifamily building and the homeowners' association to ensure access by the tenants of the multifamily dwelling to the clubhouse/community building and recreation facilities shall be subject to Township Committee review and approval. All financial arrangements for the multifamily building shall be such that no affordability assistance is required from the Township.

(h) Phasing of the RCA/on-site construction obligation. The developer may phase the implementation of the affordable housing requirements of the CD-FS Zone. The Township of Manalapan will enter into one or more RCAs. The developer shall be solely responsible for the payment of the contribution to recipient municipality(ies) for the 189 lower-income dwelling units in whatever amount is required by COAH and agreed to by the recipient municipality. The developer shall fully fund the RCA's of the RCA/on-site construction obligation by entering into a payment and indemnification agreement ("payment agreement") with the Township of Manalapan. The developer shall fund the RCAs by making timely payments to the Township of Manalapan at least 15 days before the date the payment is due to the recipient municipality as set forth in the RCA. The on-site construction of the lower-income multifamily rental building will take place in accordance with a phasing plan as approved by the Township Planning Board.

(i) Phasing of the RCA/rehabilitation obligation.

[1] The developer shall make a payment in lieu of construction for 73 affordable lower-income housing units in four phases for a total payment of $1,491,100. The developer will pay $375,525 (25% of the total) within one year after the issuance of the certificate of occupancy for the number of market units indicated in the table below. These thresholds represent 20%, 40%, 60% and 75% of the total project.

CD-FS Zone Affordable Housing Component Phasing of the RCA Payments/Rehabilitation for 73 Lower-Income Dwelling Units
Certificates of Occupancy (total homes)	Payment Per Phase	Cumulative Payment
160	$372,525	$372,525
320	$372,525	$745,050
480	$372,525	$1,117,575
600	$372,525	$1,490,100

[2] The developer shall hold the Township harmless from all costs or guarantees imposed by COAH upon the Township for these RCA's and rehabilitations.

(13) Signs. The planned residential development shall submit a comprehensive program for the location and display of the permanent entry signs and the temporary sales to be located on site. The program is subject to the review and approval of the Planning Board. The signage display shall be subject to the following limitations as to the type and size of signs permitted.

		Method of Support Permitted		Sign Height		Sign Setbacks from Edge of Pavement
Sign Type	Permitted Area (square feet)	On Ground	Pole Mount	Permitted Height (feet)	Required Clearance (feet)	Minimum Front Setback (feet)	Minimum Side Setback (feet)	Illumination
Main entry (2 per entrance)	Up to 80	Yes	No	Max. 14	-	20	20	Yes-external
Secondary entry 2 per entrance)	Up to 60	Yes	No	Max. 8	Min. 1-1/2	20	20	Yes-external
Entry structure/ gatehouse	Up to 12	Yes	No	-	-	N/A	N/A	Yes-external
Medallions	Up to 4	Yes(1)	No	-	-	N/A	N/A	No(2)
Banners	Up to 10	No	Yes	Max. 14	Min. 8	5	5	No
Sales office identification	Up to 32	Yes	No	Max 7	-	N/A	N/A	Yes-external
Site identification	Up to 32	Yes	No	Max 7	-	N/A	N/A	No
Directional/ Model home/parking	Up to 10	Yes	No	Max 4	-	N/A	N/A	Yes-external

(1)	Medallions must be mounted on a wall or pier.
(2)	May be illuminated as part of an entry wall or pier structure.
(3)	Temporary signs shall be removed upon closure of sales center/model area.

(14) Findings for planned development of the CD-FS Zone. Prior to the approval of the planned residential development of the CD-FS Zone, the Planning Board shall make the findings of fact and reach the conclusions required for planned development pursuant to N.J.S.A. 40:55D-45.

G. CD-M Meadows Consent District. The purpose of the Meadows Consent District (CD-M) is to allow a planned residential development that will provide at least 145 credits towards the Township obligation to provide a fair share of the regional need for low- and moderate-income housing. The planned development will result in the construction of not more than 520 market rate dwelling units within the CD-M District. The development will consist of single-family detached dwelling units and townhouse dwelling units sold at market rates and at least 26 dwelling units affordable to low- and moderate-income households. In lieu of constructing additional affordable housing units on site to provide the required credits, the developer will have the option of arranging and providing payments in lieu of construction to transfer 92 lower-income dwelling units through regional contribution agreements (RCA's) to other communities; to fund an additional 11 RCA's arranged by the Township; and to fund the rehabilitation of 16 low- and moderate-income dwelling units in Manalapan Township.

(1) Principal permitted uses. Development of the CD-M District shall be permitted as a planned residential development limited to the following principal uses developed in accordance with a general development plan (GDP) approved by the Manalapan Township Planning Board:

(a) Single-family dwellings.

(b) Townhouse dwelling units.

(2) Permitted accessory uses. The following accessory uses are permitted.

(a) Recreation area(s) and recreational facilities and buildings for the common use and enjoyment of the residents of the planned development such as, but not limited to, clubhouse building, tennis courts, tot lots, trails, swimming pools, and passive and active open space.

(b) Uses which are customarily incidental and accessory to a permitted principal use.

(3) Minimum tract area required. The minimum gross tract area required for development as a planned residential development in the CD-M District is the area of the CD-M District.

(4) Maximum density. The maximum density permitted for the planned residential development based upon the gross tract area is 3.8 dwelling units per acre. The planned residential development shall be designed with a low-density area and a medium-density area. The net density within each area shall not exceed the maximum net density set forth by the Schedule of Area, Yard, and Building Requirements, Exhibit 5-1.3, Meadows Consent District. Editor's Note: Exhibit 5-1.3 is included at the end of this chapter.

(5) Utilities. The planned development shall be served by public water and public sewers and shall provide for sewer and water improvements in accordance with an approved general development plan. The timing and phasing of sewer and water improvements shall be subject to the review and approval of the Planning Board. Sewer and water improvements shall be completed by the developer in accordance with a schedule approved by the Planning Board.

(6) Stormwater management. The planned development shall provide for stormwater management in accordance with an approved general development plan. Stormwater management basins shall be owned and maintained by a master homeowners' association that will be established by the developer. The timing and phasing of the stormwater management improvements shall be subject to the review and approval of the Planning Board. Stormwater management improvements shall be completed in accordance with a schedule approved by the Planning Board.

(7) Circulation. The planned development shall provide for pedestrian and vehicular circulation improvements in accordance with an approved general development plan.

(a) The timing and phasing of the circulation improvements shall be subject to the review and approval of the Planning Board.

(b) Circulation improvements shall be completed in accordance with a schedule approved by the Planning Board.

(c) Roadways within the portion of the planned development developed for single-family detached dwellings shall be public roads and dedicated to the Township.

(d) Each single-family detached dwelling shall be constructed with and shall maintain a two-car garage served by a driveway with a width of at least 20 feet and a length of at least 20 feet between the face of the garage door and the right-of-way.

(e) Within the townhouse section of the planned development, roads and parking areas shall be private and maintained by a private association to be established by the developer. The Township shall have no responsibility to maintain or contribute to the maintenance of parking areas or landscaped islands.

(f) Each market rate townhouse unit shall be constructed with and shall maintain an attached garage served by a driveway with a length of at least 18 feet between the face of the garage door and the right-of-way.

(g) The streetlighting plan shall be arranged to provide that any future lighting costs incurred by the Township shall be based upon the contribution fixtures rate and that the agreement with the local utility shall be reviewed and approved by the Township Engineer and the Township Attorney as provided by § 95-9.3C4 of the Township Development Regulations.

(8) Common open space and recreation area requirements. The planned residential development shall provide common open space and recreation areas and improvements to meet the following minimum requirements:

(a) The development shall provide at least 32 acres of common open space and recreation areas, exclusive of detention basins.

(b) Recreational facilities.

[1] The common open space and recreation area shall include an active recreation area of at least six acres. At a minimum, the active recreation area shall be developed to provide the following improvements and meet the following requirements:

[a] A clubhouse building with at least 6,350 square feet of floor area.

[b] Swimming pool.

[c] Tennis court.

[d] A grassed free play area of at least two acres suitable for use as a multipurpose athletic field.

[e] Tot lot.

[f] Basketball court or sports court.

[2] The recreational facilities shall be owned and maintained by a master homeowners' association. All residential units within the planned development shall be members of the homeowners' association.

(c) The recreational improvements of the planned development shall include a walking trail through the development. The trail shall be at least six feet in width running from Woodward Road and designed to align with the recreational trail leading ultimately to Monmouth Battlefield State Park. The development will be responsible for the design, permits and construction of the trail crossing of Manalapan Brook Tributary "A", if permitted by New Jersey DEP, in order to connect to other trail segments. The trail shall be owned and maintained by the master homeowners' association of the planned development unless dedicated to and accepted by a public entity.

(d) All recreational and community center buildings and facilities, including swimming pools, tennis courts, shuffleboard courts, picnic grounds, clubhouses and other such recreational, community service and cultural facilities, shall be subordinate to the residential character of the community. No advertising or commercial enterprise shall be permitted.

(e) The clubhouse building shall be constructed and completed and receive a certificate of occupancy by the issuance of the 135th residential building permit.

(f) All other recreational improvements, including the recreational walking trail, shall be completed before the issuance of the 200th residential building permit.

(g) Land dedicated for open spaces shall include, wherever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value.

(h) The developer may be required to plant trees or make other similar landscaping improvements to the open space as may be found necessary by the Planning Board to ensure the attractiveness and suitability of the area as open space.

(i) The provision of the common open space and recreation areas of the development shall conform to the applicable requirements of § 95-8.9F, G and H regarding deed restrictions, ownership and maintenance.

(j) All wetlands areas and buffer areas shall be dedicated as conservation easements to the Township of Manalapan at the time of final approval.

(9) Provision of land for public use. Pursuant to the "Order for Final Judgement of Mount Laurel II Compliance and Repose," the planned development of the consent districts is to include areas for public and quasi-public use. In lieu of the dedication of land on site for public use, the developer of the planned development of the CD-M Zone shall provide an irrevocable letter of credit to the Township Committee for the acquisition of off-site areas for public use. The letter of credit shall be provided at the time of the first final approval of any development in the CD-M Zone. The letter of credit shall be in a form acceptable to the Township Attorney and be for a period of two years from the date of the first resolution granting final approval in an amount equal to the costs as estimated by the Township Committee necessary to acquire 10 acres of land for public purposes or other lands through condemnation, if necessary. If, however, land is dedicated to the Township in the CD-FS Zone District in accordance with an approved general development plan for the CD-FS Zone District, then this provision shall not apply.

(10) Annual limits on certificates of occupancy. The build out of the CD-M Zone as a planned development shall be limited to 250 certificates of occupancy per year for the first two years and 175 certificates of occupancy per year thereafter. This limitation shall not include the model homes, sales office or clubhouse. A year shall be a calendar year beginning with the calendar year in which either of the developers of the CD-M Zone or the CD-FS Zone obtains its first building permit.

(11) Affordable housing requirements. The planned development shall provide for the production of at least 145 affordable low- and moderate-income dwelling units or credits toward the Township fair share housing obligation. In lieu of construction of 145 affordable dwelling units or credits on site, the developer will have the option of producing the affordable housing as three components as described herein. To exercise this option, the developer must commit to providing for all three components as part of its application for preliminary approval. One component will provide credit through the on-site construction of 26 lower-income affordable housing. A second component will be payments in lieu of construction for 92 affordable lower-income housing units. The payments will fund one or more regional contribution agreements (RCAs) to be arranged by the developer. A third component will be payments in lieu of construction of 27 affordable lower-income housing units. The payments for the 27 units will fund the off-site rehabilitation of housing and one or more RCAs that will be arranged by the Township.

(a) Twenty-six credits for low- and moderate-income units shall be provided by the construction on site of six low-income dwelling units and 20 moderate-income dwelling units. The low- and moderate-income dwellings shall be distributed throughout the townhouse section of the planned development and integrated into buildings containing the market rate townhouse units.

(b) Ninety-two credits will be provided in lieu of construction of 92 affordable lower-income units on site by payments to fund a regional contribution agreement. The developer of the planned development will be responsible for arranging for and fully funding the regional contribution agreement to complete the transfer of 92 dwelling units, including any and all costs incurred by the Township.

(c) Eleven credits will be provided in lieu of construction of 11 lower-income units on site by a cash contribution from the developer to the Township to fully fund 11 lower-income units through a regional contribution agreement arranged by the Township, including any all costs incurred by the Township.

(d) Sixteen credits will be provided in lieu of construction of 16 lower-income units on site by a cash contribution from the developer to the Township to fully fund the rehabilitation of 16 lower-income housing units within Manalapan Township.

(e) The developer shall indemnify and hold the Township harmless from all costs or guarantees imposed by the Council on Affordable Housing (COAH) upon the Township for the regional contribution agreements and housing rehabilitation that the developer will fund in lieu of construction on site of lower-income units. No later than the first final site plan approval, the developer shall provide a performance guarantee in a form acceptable to the Township Attorney and in an amount to be determined by the Township for the payments in lieu of construction to be made by the developer.

(f) A detailed affordable housing plan for the implementation of the 26 low- and moderate-income housing units to be constructed on site and the 92 RCA's shall be submitted with the first application for final site plan or subdivision approval. The plan shall be subject to the approval of the Township Committee. The plan shall be drawn to meet the requirements of the Township affordable housing regulations and the requirements of the New Jersey Council on Affordable Housing.

(g) The master deed and bylaws and covenants and deed restrictions proposed for governing the planned development shall be submitted for Township review and approval with the first application for final site plan or subdivision approval. The documents shall provide that the fees assessed against the low- and moderate-income housing units shall be maintained at a level such that no affordability assistance is required from the Township and that the units shall remain as affordable units for a period of at least 30 years.

(h) Phasing of the RCA/on-site construction obligation. The developer may phase the on-site construction of the required 26 low- and moderate-income dwelling units and the RCA(s) to be provided in lieu of construction of 92 lower-income dwelling units. The Township of Manalapan will enter into one or more RCAs. The developer shall be solely responsible for the payment of the contribution to recipient municipality(ies) for the 92 lower-income dwelling units in whatever amount is required by COAH and agreed to by the recipient municipality. The developer shall fully fund the RCA's of the RCA/on-site construction obligation by entering into a payment and indemnification agreement ("payment agreement") with the Township of Manalapan. The developer shall fund the RCAs by making timely payments to the Township of Manalapan at least 15 days before the date the payment is due to the recipient municipality as set forth in the RCA. The on-site construction of the required 26 lower-income dwelling units will take place in accordance with a phasing plan as approved by the Township Planning Board.

(i) Phasing of the RCA/rehabilitation obligation.

[1] The developer shall make a payment in lieu of construction for 27 affordable lower-income housing units in four phases for a total payment of $551,000. The developer will pay $137,800 (25% of the total) within one year after the issuance of the certificate of occupancy for the number of market units indicated in the table below. These thresholds represent 20%, 40%, 60% and 75% of the total project.

CD-M Zone Affordable Housing Component Phasing of the RCA Payments/Rehabilitation for 27 CD-M Zone Affordable Housing
Certificates of Occupancy (total homes)	Payment Per Phase	Cumulative Payment
104	$137,800	$137,800
208	$137,800	$275,600
312	$137,800	$413,400
390	$137,800	$551,200

[2] The developer shall hold the Township harmless from all costs or guarantees imposed by COAH upon the Township for these RCA's and rehabilitations.

(12) Findings for planned development of the CD-M Zone. Prior to the approval of the planned residential development of the CD-M Zone, the Planning Board shall make the findings of fact and reach the conclusions required for planned development pursuant to N.J.S.A. 40:55D-45.

§ 95-5.8 R-5 affordable housing requirement.

A. In the R-5 Zone, development shall provide for controls to ensure the occupancy and affordability of all dwelling units to low- or moderate-income households. Such controls shall ensure that the initial and subsequent occupancy of each dwelling is restricted to low- or moderate-income households. Affordability controls shall assure that the initial and subsequent pricing of each dwelling unit is affordable to low- or moderate-income households. Controls shall be compatible with the controls on affordability established by the rules and regulations of the New Jersey Council on Affordable Housing and with any Fair-Share Housing Plan adopted by the Township of Manalapan.

B. Sewer and water. Each dwelling unit shall be properly connected with an approved and functioning public sanitary sewer system and community water system.

§ 95-6 ARTICLE VI: Conditional Uses.

§ 95-6.1 Purpose.

Certain uses are necessary to serve the needs of the Township's citizens but such uses may become inimical to the public health, safety, and welfare unless established according to specifications and standards controlling their limit and extent. Accordingly, this chapter designates such uses as conditional uses to be permitted only if the conditions specified by this article are complied with as determined by the review of the Planning Board.

§ 95-6.2 Conditions applicable to review and approval.

The following shall apply to the review and approval of a conditional use.

A. The use for which an application is being made shall be specifically listed as a conditional use within the zone where the property is located.

B. Site plan approval shall be required unless otherwise specified in this chapter.

C. The conditional use shall comply with the design standards, improvement standards, and document submittal requirements of this chapter unless a requirement is waived by the approving authority.

D. The conditional use shall adhere to the additional standards specified under this section for the particular use.

E. The approving authority may impose additional requirements to protect the public health, safety, and welfare which it deems necessary by reason of the location or other factors related to a particular application. Such requirements shall be provided for and maintained as a condition of the establishment of the use.

§ 95-6.3 Place of worship.

Places of worship may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the following:

A. The use shall adhere to the minimum standards of the particular zone district or to the following standards, whichever is more restrictive:

(1) Minimum lot size, in all zones: three acres.

(2) Minimum lot width: 250 feet.

(3) Minimum front yard: 100 feet.

(4) Minimum side yard: 75 feet.

(5) Minimum rear yard: 75 feet.

B. No accessory building shall be located closer than 75 feet to any side or rear residential property line.

C. The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by two feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.

D. Maximum lot and building coverage and maximum floor area ratio shall be 75% of the maximums set forth on the Schedule of Zoning Requirements.

E. Parking shall be provided as required by Article IX except that the municipal agency may determine that additional parking be required for any ancillary or accessory uses.

§ 95-6.4 Public utilities/local utility.

Public utility uses, such as water towers, pumping stations, electric substations, transmission lines of switching stations, which must be provided above ground, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

A. A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

B. The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which is located.

C. Adequate and attractive fences and other safety devices will be provided.

D. A minimum of a fifty-foot buffer area shall be required between any lot line and any building, apparatus or installation at the site. Sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.

E. The public utility use and lot meet all the applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area. Only one principal building will be permitted on the lot and a paved parking area is required.

§ 95-6.5 Motor vehicle service stations and public garages.

[Amended by Ord. No. 95-14]

Motor vehicle service stations and public garages may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

A. The site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps, wash racks, lubrication bays, air hoses and any other similar equipment to be installed, the type of structure and accessory buildings to be constructed, and the number of automobiles which are to be garaged.

B. Motor vehicle service stations and garages shall have a lot area of not less than 40,000 square feet with a minimum frontage of 200 feet on one street. If the lot requirements for the zone are greater, they shall take precedent. No building shall be constructed closer than 75 feet to any street line or closer than 50 feet to any lot line. Where a filling station or public garage abuts a residential zone along a side property line, the side yard setback for the filling station or public garage shall be increased from 50 feet to 75 feet and a twenty-five-foot-wide planting screen approved by the Planning Board shall be provided along the entire side property line.

C. No motor vehicle service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, fire station, park, playground, athletic field, charitable institution, hospital, nursing home, or place of public assemblage. The distance shall be measured in a straight line along the center line of streets forming the shortest route from a point opposite the nearest boundary from the public entrance to a point opposite the nearest boundary of the service station lot.

D. Driveways shall cross the sidewalks at right angles at any point thereof. Driveways shall be at least 25 feet from any side lot line and at least 40 feet from the intersection of street lines.

E. The nearest boundary line of the lot or parcel of land so to be used shall be at least 100 feet measured in a straight line from the intersection of any two streets designated as collector roads in the Manalapan Master Plan.

F. All fuel pumps, air hoses and any other equipment used in servicing cars shall be located at least 50 feet from all street lines and from other property lines.

G. No vehicle shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment, except for the following: no more than five during working hours and no more than three overnight. Overnight outdoor storage of more than three vehicles shall be prohibited.

H. Flammable and combustible liquids used or intended to be used as fuel for motor vehicles shall be stored in underground storage tanks on the premises in conformance with the New Jersey State Uniform Construction Code. Aboveground portable tanks and containers for storage and dispensing of flammable or combustible liquids shall not exceed 660 gallons individual capacity and shall conform to the requirements of the New Jersey State Uniform Fire Code and NFiPA 30. Aboveground tanks exceeding 660 gallons shall comply to NFiPA and 30A. Editor's Note: See Ch. 88, Uniform Construction Codes, and Ch. 110, Fire Prevention.

I. No outdoor oil drainage pits or hydraulic lifts shall be permitted.

J. Any repair, lubrication or other similar services to motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out of doors.

K. Coin-operated service stations are not permitted.

L. No auto body work shall be permitted.

M. Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.

N. Sale of new or used cars is prohibited.

O. Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.

P. The municipal agency shall determine that the planning of the lot is properly suited to the area and in connection therewith may require adequate buffers of foliage or screen fencing, if necessary, to protect surrounding properties from any lights or noises that may be generated from the property.

Q. Signs shall conform to the requirements set forth in § 95-8.7, Signs, and to the requirements of the zone district.

R. No more than three motor vehicle service stations shall be permitted within one linear mile.

§ 95-6.6 Elementary and secondary schools.

Public, parochial or private elementary or secondary schools, but not trade or business schools duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

A. Convents, social halls and similar uses which are accessory to the educational use shall be permitted.

B. Elementary schools shall have a minimum lot area of five acres plus one acre for each 100 students or fraction thereof.

C. Intermediate or secondary schools or institutions of higher learning shall have a minimum lot area of 10 acres plus one acre for each 100 students or fraction thereof.

D. Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site and/or shall provide fencing along such property lines as may be deemed adequate by the Planning Board.

E. Wall and ground signs shall be permitted subject to the design requirements of Article VIII and to the requirements of the zoning district.

F. The curriculum shall be approved by the New Jersey Department of Education.

G. The minimum street frontage for a school shall be 500 feet.

H. A front and rear yard, each with a depth of not less than 100 feet and two side yards, each with a width of not less than 100 feet, shall be provided. No parking or play area shall be allowed within 75 feet of any street or property line, and no buildings shall be allowed within 125 feet of any property line.

I. No driveway shall open onto a public street or road within 150 feet of an intersection of any such street or road with another public street or road. In determining the suitability of a proposed or existing driveway upon the site, the Board shall consider such factors as grade and site clearance, the number, location and design of ingress and egress points, the volume of traffic which may be anticipated on the site and upon adjoining roads and the condition and width of pavement of adjoining roads.

J. Illumination for night athletic activities shall be shielded from view from adjoining streets and residential areas.

§ 95-6.7 Community residences for the developmentally disabled and shelters for victims of domestic violence.

Community residences for the developmentally disabled or shelters for victims of domestic violence housing more than six, but less than 16 persons, excluding resident staff, may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:

A. A statement setting forth the full particulars on the building and/or use shall be submitted.

B. Minimum lot area shall be 4,000 square feet for each person, resident staff member or employee housed at the residence or shelter, but not less than the minimum lot area required for single-family homes in the zone.

C. Minimum gross habitable floor area shall be 240 square feet for each person or resident staff member housed at the residence or shelter.

D. No conditional use permit shall be granted if the number of persons, other than resident staff, resident at such community residences or shelters exceeds 50 persons or 1/2 of 1% of the population of the Township, whichever is greater.

E. No community residence for the developmentally disabled or shelter for victims of domestic violence shall be located upon a lot containing any other use, nor shall any structure or facility on the site be utilized to provide services for any person not residing on the site.

F. No community residence for the developmentally disabled or shelter for victims of domestic violence shall be in excess of two stories in height, exclusive of basement areas. Basement areas shall not be utilized for living, sleeping or recreation areas.

G. Each community residence for the developmentally disabled or shelter for victims of domestic violence shall submit proof of licensing by the Department of Human Services of the State of New Jersey.

H. No community residence for the developmentally disabled or shelter for victims of domestic violence shall be located within 1,500 feet of any other community residence for the developmentally disabled or shelter for victims of domestic violence.

I. No community residence for the developmentally disabled or shelter for victims of domestic violence shall be located in any area of heavy vehicular or pedestrian traffic congestion, or in any area where, by reason of any condition existing in proximity to the proposed community residence for the developmentally disabled, the occupants of said community residence for the developmentally disabled would be exposed to undue harm, danger or discomfort.

J. Each community residence of the developmentally disabled or shelter for victims of domestic violence shall provide one off-street parking space for each resident staff member, plus one off-street parking space for each employee on the shift employing the largest number of persons, plus one off-street parking space for each three developmentally disabled persons or victims of domestic violence residing on the site, or fraction thereof. The off-street parking shall be screened from adjacent residentially zoned properties.

K. No building utilized for a community residence for the developmentally disabled or shelter for victims of domestic violence shall be constructed or altered so as to be inharmonious with the residential character or adjacent structures and residential zones.

§ 95-6.8 Swim clubs.

Public and private swim clubs may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zones and the following:

A. The standards for health and safety as specified in the municipal ordinance regulating swimming pools and swimming clubs shall be met.

B. Signs for swimming clubs shall be limited to one illuminated sign having an area not to exceed 30 square feet on any one side.

C. The minimum land area for swimming clubs shall be five acres with a minimum frontage and depth of 400 feet.

§ 95-6.9 Hospitals and philanthropic or eleemosynary uses.

Hospitals, philanthropic and eleemosynary uses may be permitted as a conditional use in those zones specified, provided that the use and buildings shall adhere to the minimum standards of the zone district and to the following:

A. The parcel upon which such use is proposed shall contain at least five acres of land.

B. No structure will be erected nearer than 75 feet to any street line or nearer than 30 feet to any property line.

C. Buildings will not occupy more than 25% of the lot area.

§ 95-6.10 Multifamily development.

A multifamily development consisting of townhouse dwelling units may be permitted as a conditional use within the zones specified, provided that it adheres to the following standards:

A. The tract of land shall have direct access to a street classified as other than a residential access street in the adopted Circulation Plan of the Township of Manalapan.

B. Density of development. A multifamily townhouse development shall be permitted at a maximum density of five units per acre. The maximum density permitted may be increased to a maximum of eight units per acre subject to the following formula: An increase of one unit-per-acre density or fraction thereof up to a maximum three unit-per-acre increase shall be permitted for each increment of land area to provide for the equivalent of 100 commuter parking spaces. Such land area shall be dedicated to the Township of Manalapan. Fractional computation of density increase shall be permitted.

C. The multifamily development must be served by public water and sewer systems.

D. The minimum gross area proposed for development shall not be less than 10 contiguous acres, not including land area classified as floodway by the New Jersey Department of Environmental Protection.

E. A minimum of 20% of the total area of the tract, not including land classified as floodway by the New Jersey Department of Environmental Protection, shall be set aside as permanent open space. Open space shall adhere to the applicable open space design requirement of Article VIII of this chapter.

F. Interior roads. All roads and other accessways within the development shall be private roads constructed, paved and curbed to a right-of-way width of not less than 30 feet. All such construction, paving and curbing shall be completed in accordance with Article IX of this chapter.

G. Off-street parking shall be provided in accordance with the applicable requirements of Article IX of this chapter.

H. Setbacks and building spacing. There shall be a front yard, side yard, and rear yard minimum setback of 50 feet. Residential building design and spacing shall otherwise comply with the spacing and building design requirements set forth in Article VIII of this chapter for multifamily and attached residential design.

I. The minimum habitable floor area per unit shall be 750 square feet.

J. The maximum building coverage permitted shall be 25%.

K. The maximum building height permitted for a principal building shall be two stories and 35 feet.

§ 95-6.11 Adult multifamily development.

Adult multifamily development may be a permitted conditional use in the zones specified, provided that the use and/or structures adhere to the following:

A. The tract of land shall have direct access to a street classified as other than a residential road access in the adopted Circulation Plan of Manalapan Township.

B. Density of development. An adult multifamily development shall be permitted at a density of eight units per acre, and further provided that the Planning Board may permit the density to increase to a maximum of 12 units per acre, subject to the following formula: An increase of one-unit-per-acre density or fraction thereof up to a maximum of a three-unit-per-acre increase shall be permitted for each increment of land area to provide for the equivalent of 100 off-street commuter parking spaces provided. Such land shall be dedicated to the Township of Manalapan. Fractional computation of density increase shall be permitted.

C. Affirmative devices requirement. A development application permitted hereinabove shall provide affordable housing for elderly and handicapped moderate- and low-income households in accordance with the rules and regulations of the New Jersey Council on Affordable Housing. The program shall provide:

(1) A minimum of 10% of all units shall be affordable to moderate income households, and a minimum of 10% of all units shall be affordable to low-income households as defined by the New Jersey Council on Affordable Housing.

(2) An applicant shall set forth a pro forma detailing the development costs for the project at the time of development application submission. The pro forma shall set forth, in sufficient detail, financial data for the development of the project to determine compliance with Subsection C(1) above.

(3) An application for development of multifamily housing, at the time of filing with the Planning Board, shall be accompanied by a proposal of the applicant to guarantee reasonable continuation of the availability of affordable housing as set forth in Subsection C(1) and (2). The restrictions shall be in accordance with the rules, regulations, and standard restrictions of the New Jersey Council on Affordable Housing.

§ 95-6.12 Headquarters mixed-use complex.

A corporate headquarters mixed-use complex may be permitted as a conditional use in the zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zoning district and the following:

A. A corporate headquarters mixed-use complex consisting of executive and administrative offices, research and laboratory functions, manufacturing of finished products and warehouse and distribution facilities shall all be contained within a building or buildings designed and used by a single entity for purposes described and limited above. Further, the manufacturing products shall be limited to pharmaceuticals, books, magazines and newspapers, data processing equipment and hardware, and cosmetics and beauty products, not including perfumes.

B. The corporate headquarters mixed-use complex shall be located on a minimum lot having an area of no less than 50 acres in size, and further, the height of the principal building may be increased to a maximum of 50 feet, provided that an additional five-foot yard depth is provided for each one foot of principal building height exceeding 35 feet. The corporate headquarters mixed-use complex shall comply with all other standards of the SED-20 District.

§ 95-6.13 (Reserved)

§ 95-6.14 Single-family detached residential clusters in the R-R District.

[Amended 5-22-2002 by Ord. No. 2002-16]

Single-family detached residential clusters may be permitted as a conditional use in the R-R Zone, provided that the use and/or structures shall adhere to the following:

A. The minimum tract area shall contain at least 50 acres which are not encumbered by freshwater wetlands, and wetlands transition areas, and areas of special flood hazard.

B. The minimum cluster lot size shall be 60,000 square feet with a minimum improvable area of 15,000 square feet. The permissible number of building lots in the residential cluster shall not exceed the number of lots which could be developed under a conventional platting which conforms to applicable ordinance standards. Cluster lots shall otherwise adhere to the yard and bulk standards of the R-R Zone.

C. Common open space.

(1) The minimum common open space required in the R-R Zone shall be 20% of the tract's acreage exclusive of freshwater wetlands, wetlands transition areas, and areas of special flood hazard.

(2) (Reserved)

(3) Common open space shall conform to the applicable requirements set forth in § 95-7.38, Planned development, and § 95-8.9, Open space design requirements.

D. A minimum of a fifty-foot buffer shall be provided between residential and agricultural uses.

E. Development design shall be arranged to maintain rural features, including hedgerows, woodlands, wetlands, stream corridors, and threatened or endangered species' habitats. Agricultural uses shall be maintained to the extent possible.

F. Development shall adhere to the applicable provisions of § 95-7.38, Planned development, and § 95-8.9, Open space design requirements.

§ 95-6.15 (Reserved)

§ 95-6.16 Golf training centers.

A. Golf training centers shall be permitted as a conditional use in the SED-5 Zone District, subject to site plan approval by the Planning Board, the regulations established for the SED-5 District, together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter.

B. A golf training center shall mean a facility including such activities as pitch and putt facilities (not greater than 1,000 yards in length for an eighteen-hole facility); par-three golf course (not greater than 1,600 yards in length for an eighteen-hole facility); a driving range (not less than 280 yards in length); miniature golf; indoor golf training facilities; snack bars; and a shop for the retail sale of golf related clothing, equipment and accessories.

C. The operation of a golf training center may include one or more of the following activities. The number and type of activities allowed shall depend upon the size of the project site.

(1) Par-three golf course.

(2) Golf driving range.

(3) Pitch and putt course.

(4) Miniature golf course.

(5) Clubhouse, provided that activities within the clubhouse shall be accessory to the golf training center operation and shall be limited to pro shops selling golf equipment, golf-related clothing and golf accessories; education and training facilities; and snack bars.

D. Design and bulk standards for golf training centers.

(1) Pro shops shall not exceed 2,000 square feet.

(2) Snack bars shall not exceed 1,000 square feet.

(3) The maximum height of security and safety fences shall be eight feet.

(4) Lighting shall be provided in accordance with the minimum Illumination Engineering Society of North America (IES) illumination standards designed for the safety of patrons. All lighting shall be shielded from adjacent uses and provided as follows:

(a) Par-three golf course and pitch and putt, tee: five footcandles.

(b) Driving range, tee: 10 footcandles.

(d) Parking: 0.5 footcandles.

(e) Walkways: 0.2 footcandles.

(5) The hours of operation of golf training centers shall not extend beyond 11:00 p.m.

(6) The design of golf training centers shall meet the minimum standards established by the United States Golf Association (USGA) and/or Professional Golf Association (PGA).

(7) The design of the golf training center shall be prepared by a professional golf course architect or a licensed professional engineer or landscape architect with demonstrated expertise in golf course design.

(8) Where the proposed use is located within two or more municipalities, the standards established by each municipality shall be considered by the Planning Board so as to promote an integrated site design.

§ 95-6.17 Indoor recreation centers.

Indoor recreation centers, limited to bowling alleys, tennis racquet clubs, health clubs or spas, shall be permitted conditional uses in the SED-5 Zone District, subject to site plan approval of the Planning Board of the Township, the regulations established in the SED-5 Zone District, together with any other requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter.

A. Where the use is a tennis club, outdoor tennis courts shall also be permitted.

B. The permitted indoor recreational clubs may also include the following:

(1) Pro shop or other retail space limited to the sale of related sporting goods, equipment and apparel.

(2) Education and training facilities.

(3) Snack bars.

(4) Restaurants and cocktail lounges contained within the main structure. Where the liquor license pursuant to which a restaurant or cocktail lounge is operated permits the sale of package goods, such sale shall be permitted, provided that the licensee complies with all applicable regulations and requirements of the Alcoholic Beverage Commission and all requirements of Township ordinances governing such sales.

C. Design and bulk standards for indoor recreational uses.

(1) Pro shops shall not exceed 2,000 square feet.

(2) Snack bars shall not exceed 1,000 square feet.

(3) Fences, a maximum of eight feet in height, shall be permitted for purposes of safety and security, except that outdoor tennis courts may be fenced to a maximum of 12 feet.

(5) The hours of operation of outdoor tennis courts shall not extend beyond 11:00 p.m.

(6) Where the proposed use is located within two or more municipalities, the standards established by each municipality shall be considered by the Planning Board so as to promote an integrated site design.

§ 95-6.18 Private parks and playgrounds.

Private nonprofit parks, playgrounds, and recreation areas shall be permitted as a conditional use in the zones specified upon issuance of a conditional use permit, provided that the regulations of the district and the following conditions are met.

A. The minimum lot area is five acres.

B. A fifty-foot buffer is provided around the boundary of the entire site.

C. The proposed use is a bona fide nonprofit organization operated for recreation or civic purposes.

§ 95-6.19 Convention centers.

Convention centers shall be permitted as a conditional use in the zones specified upon the issuance of a conditional use permit provided that the minimum requirements of the zone and the following standards are met.

A. The minimum lot area shall be four acres.

B. A minimum of 150 rental units for sleeping purposes shall be provided as overnight accommodations.

(1) Each unit shall contain at least one bathroom for the use of that rental unit.

(2) No cooking facilities shall be provided in any rental unit.

C. A minimum of 1/3 of the gross floor area of the structure or structures comprising the convention center use shall contain meeting rooms, office and temporary office space, restaurants and banquet facilities.

D. The convention center use shall be part of a planned office park development as described in Article V of this chapter.

§ 95-6.20 Private tennis courts.

[Amended by Ord. 95-14]

Tennis courts are permitted as a conditional use on single-family residential properties in the zones specified on the Schedule of Permitted Uses, Editor's Note: The schedule is included at the end of this chapter. subject to the following requirements:

A. The tennis court will be an accessory use on a single-family residential lot. The lot shall be 80,000 square feet or larger in area.

B. One tennis court of regulation size is permitted and may be enclosed by an open chain link fence not more than 12 feet high.

C. The court, inclusive of the fence, shall be set back a minimum of 35 feet from side and 50 feet from rear property lines and shall not be illuminated, nor used for play after dark.

D. A grading and drainage plan for the tennis court shall be submitted to the Township Engineer for review and approval. The plan shall be designed to control surface waters in a manner that will not adversely affect the subject property or abutting lands. An engineering review fee of $200 shall be paid by the applicant for the initial review, and a review fee of $100 shall be paid for each review of a revised plan.

§ 95-6.21 Residential development in the OP-10A Zone District.

[Amended by Ord. No. 95-14]

Single-family residential development shall be permitted as a conditional use in the OP-10A, Office Park Zone District upon the issuance of a conditional use permit, provided that the following conditions are met:

A. The minimum tract area to be developed for residential use shall be 20 acres located within the OP-10A Zone District.

B. The development shall be limited to single-family dwellings.

C. Lots within the development shall be platted based upon the schedule of area, yard, and building requirements for the R-30 Single-family Zone District.

D. The development design and circulation layout shall be coordinated to interconnect with any adjoining residential development in the R-30 Zone District.

E. The development design shall include a common recreation area. The common recreation area shall be suitably improved for active recreation and be not less than two acres in area. In lieu of providing a recreation area on-site, the developer may contribute to the provision of public recreation off-tract, subject to Township approval. Other provisions of the Township development regulations notwithstanding, a single-family development approved as a conditional use in the OP-10A Zone District shall not be subject to Township requirements for the mandatory provision of affordable housing through a development fee or actual construction.

§ 95-6.22 Billboards.

[Added 4-7-2009 by Ord. No. 2009-05]

A. The purpose of this section is to limit the location, form and placement of billboards to only specified areas of the Township and to ensure that construction and placement is compatible with the need for a desirable visual environment, good civic design and arrangement, the well-being of residential areas, the safety of motorists, and to prevent the location of facilities which may result in blight along transportation routes within the Township.

B. Billboards may be permitted as a conditional use but only on lots with frontage on N.J.S.H. 9 in those zones specified by the Township Schedule of Permitted Uses, Editor's Note: The schedule is included at the end of this chapter. provided that the billboard and its location and installation shall adhere to the standards of the zone district and to the following conditions:

(1) The billboard shall be located only on a lot with lot frontage on N.J.S.H. 9.

(2) The billboard shall only be constructed as a ground sign.

(3) No billboard shall be located on a lot that is developed with any use, building, business, or structure that is not permitted by the zone district.

(4) No billboard shall be affixed to any building or mounted on any roof.

(5) All parts of the billboard, including any support post or sign face, shall be set back not less than 20 feet from the right-of-way line of N.J.S.H. 9 and from any lot line.

(6) Not more than one billboard shall be permitted on the lot.

(7) Billboards shall not be permitted on any lot where any other ground sign with an area of 50 square feet or greater has been constructed or approved.

(8) No portion of any billboard shall be located within 300 feet of any residential zone or residential use.

(9) The distance allowed from any billboard to any other billboard, or to any ground sign with an area of 80 square feet or more shall not be less than 500 feet as measured along the nearest edge of N.J.S.H. 9 between points directly opposite the edge of the billboard nearest the right-of-way of N.J.S.H. 9. The point of measurement for back-to-back signs shall be the midpoint between the nearest edge of the back-to-back sign faces.

(10) No light-emitting diode (LED) billboards, video billboards, or animated or moving billboards shall be permitted.

(11) The sign face of the billboard shall not exceed 240 square feet.

(12) No billboard shall exceed a height of 22 feet.

(13) Any lighting illuminating the billboard shall be directed onto the advertising surface of the billboard and shall be adequately shielded to prevent visual impairment of motorists.

(14) The billboard shall be in compliance with the Roadway Signs Control and Outdoor Advertising Act (N.J.S.A. 27:1A-5, 27-1A6, 27:5-5 et seq).

(15) The billboard sign shall not be erected unless approved by the New Jersey Department of Transportation, and a license shall be secured for an off-premises billboard sign at the specific location being sought for approval as a conditional use.

(16) No billboard shall have more than two sign faces. The sign faces shall be back-to-back and shall be parallel to each other. No angle shall be permitted between the sign faces.

(17) Any billboard that was a lawful preexisting nonconforming use as of January 1, 2009, and that occupies a location on a lot that fronts on N.J.S.H. 9, shall be deemed to be a permitted location for the placement of a billboard under these conditional use provisions. The billboard may be replaced at the location so occupied, irrespective of the conditional use requirements regulating the spacing and setback requirements for billboard placement.

§ 95-7 ARTICLE VII: General Zoning Provisions.

§ 95-7.1 Purpose.

The purpose of these provisions is to provide direction regarding the administration and application of development requirements and restrictions within the Township's zone districts. Deviation from the standards of this article will only be permitted when a variance is granted pursuant to N.J.S.A. 40:55D-70.

§ 95-7.2 Provisions of other ordinances.

Any restrictions or requirements with respect to buildings or land, which appear in other ordinances of the Township or are established by law and which are greater than those set forth herein, shall take precedence over the provisions of this chapter.

§ 95-7.3 Nonconforming uses, buildings and structures.

A. Except as otherwise provided in this chapter the lawful use of the land or a building existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:

(1) No nonconforming lot shall be further reduced in size.

(2) No nonconforming building or structure shall be enlarged, extended or increased unless such enlargement, extension or increase is conforming.

(3) No nonconforming use may be expanded.

B. Abandonment of nonconforming use.

(1) A nonconforming use shall be deemed to be abandoned where there is an intention to abandon as well as an external act (or omission to act) by which such intention is carried into effect.

(2) It shall be prima facie evidence that a nonconforming use has been abandoned when there occurs a cessation of such use on the part of a tenant or owner for a continuous period of at least one year.

(3) When a nonconforming use has been abandoned, such use shall not thereafter be reinstated and any structure shall not thereafter be reoccupied, except in conformance with this chapter.

C. Restoration of a nonconforming structure.

(1) If any nonconforming structure shall be more than partially destroyed, then the structure may not be rebuilt, restored or repaired, except in conformity with this chapter.

(2) Destruction to the extent that rebuilding, repair or restoration requires removal or demolition of any remaining portions of the damaged part of the structure such that the only major components of the original structure utilized in such building, repair or restoration are the foundation or exterior walls shall be prima facie evidence that the structure has been more than partially destroyed.

(3) Nothing in this chapter shall prevent the strengthening or restoring of any portion of a structure which has been declared unsafe by the Construction Official.

D. Certification of preexisting nonconforming uses, buildings and structures. Upon application, the Administrative Officer (Zoning Officer) or the Board of Adjustment may issue a certificate in accordance with § 95-3.4D(3), certifying the legality of a preexisting nonconforming use, building, or structure.

E. Alterations and additions.

(1) Alterations, as applied to a nonconforming building or structure, shall include only a change or rearrangement of interior partitions, the structural supports or a change in exterior appearance.

(2) A nonconforming building or structure may be altered, provided that the cost of alterations does not exceed, in the aggregate, 50% of the assessed value of the structure as recorded in the records of the Tax Assessor. More substantial alterations are not permitted unless the building or structure is changed to conform to the requirements of this chapter.

F. Nonconforming lots and structures.

(1) A nonconforming lot may not be used for any purpose unless:

(a) The proposed use and all existing uses is/are permitted principal or accessory use(s).

(b) The lot conforms to the minimum lot area requirements of this chapter.

(c) Other than minimum lot area, the lot conformed to the zoning standards in effect immediately prior to the adoption of this chapter.

(2) A nonconforming building or structure may not be enlarged, extended, increased in height, width or depth; moved or relocated; or modified in such a way so as to increase habitable or usable space, number of dwelling units or number of bedrooms, unless it is changed to conform to the requirements of this chapter except that an existing use (principal or accessory) may be enlarged, extended or added to, provided that:

(a) The proposed use and all existing use(s) is/are permitted principal or accessory use(s).

(b) The enlargement, extension or addition conforms to all requirements of this chapter and will not result in the creation of any nonconformity related to the lot and the aggregate of all structures or building.

(3) Principal or accessory buildings or structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal building or structure unless:

(a) Existing and proposed buildings or structures will be used for a permitted principal or accessory use.

(b) The lot conforms to the minimum lot area requirements of this chapter.

(c) Other than lot area, the lot conforms to the zoning standards in effect immediately prior to the adoption of this chapter.

(d) The new structure or building conforms to all requirements of this chapter and will not result in the creation of any nonconformity related to the lot and the aggregate of all buildings or structures.

G. Prior approved construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the adoption of this chapter.

H. District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforming uses existing therein or created thereby.

§ 95-7.4 Corner lots.

A. On all corner lots, the depth of all yards abutting streets shall not be less than the minimum front yard depth required, except where the yard abuts an existing or proposed state or county road or a collector or subcollector street as identified in the Township Master Plan, not less than 75 feet shall be required unless otherwise approved by the Planning Board or Zoning Board of Adjustment.

B. Lot lines of corner lots.

(1) The front lot line of a corner lot shall be that line along the street or road which is most nearly parallel to the part of the building where the main entrance is located, provided that where this cannot be determined, the municipal agency can choose to designate the front line as the line running along the street named in the property's postal address, where applicable.

(2) The rear lot line of a corner lot shall be the lot line most distance and generally opposite (parallel to) the front lot line.

(3) The side lot line of a corner lot shall be any lot line other than a front or rear lot line.

C. Each street frontage of a corner lot shall conform to the minimum required frontage for a corner lot in the applicable zone district as specified in Exhibits 5-1 and 5-2, Schedule of Area, Yard and Building Requirements. Editor's Note: The schedules are included at the end of this chapter.

§ 95-7.5 Sight triangle at intersections.

Unless more stringent regulations are provided by other provisions of this chapter or by the NJDOT or Monmouth County Planning Board, at the intersection of two or more streets, no hedge, fence, screening strip or wall higher than 36 inches above curb level, nor any obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding the lot, or the projection of such lines, and by a line connecting a point, on each line located as indicated on Exhibit 9-8, Sight Triangles, Editor's Note: Exhibit 9-8 is included at the end of this chapter. of Article IX. All trees within the sight triangle shall be trimmed to provide an unobstructed view of seven feet above grade.

§ 95-7.6 Frontage on improved street required.

Every principal building, other than townhouses, patio homes, or garden apartments, shall be built upon a lot with frontage upon a public street improved to meet the municipal requirements or for which such improvement has been guaranteed by the posting of a performance guarantee pursuant to this chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.

§ 95-7.7 Yard areas.

A. No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter, shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

B. All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located except lots with frontage on more than one street, which are not corner lots, may have a front and rear yard designated by the owner subject to:

(1) If the lot contains a principal structure, the front will be considered the direction the principal structure faces.

(2) If the lot does not contain a principal structure and only one street frontage conforms to lot frontage requirements, the yard abutting the conforming street frontage will be considered the front yard.

C. Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code including, but not limited to, sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 36 inches, unless otherwise permitted by this chapter.

D. The requirements for yard areas shall not apply to any retaining wall, steps or any other fence or wall which is less than three feet high.

§ 95-7.8 Accessory buildings and structures.

[Amended by Ord. No. 95-14]

Unless otherwise specified in this chapter on the zone district schedule, accessory buildings and structures shall conform to the following regulations as to their locations on the lot:

A. Location of accessory buildings.

(1) An accessory building attached to a principal building shall comply in all respects with the zoning requirements for the principal building.

(2) Detached accessory buildings shall not be located in a front yard.

(3) Detached accessory buildings shall comply with the Schedule of Zoning District Standards, Editor's Note: The schedule is included at the end of this chapter. except that storage sheds less then 10 feet high with a floor area of less than 100 square feet may be located not less than five feet from any side or rear lot line.

B. No detached accessory building, in any residential zone, shall be less than five feet from a principal building.

C. No accessory building shall be constructed before the principal building.

D. Accessory buildings must be located on the same lot as the principal use to which they are accessory.

E. Within any residential zone district, an entry driveway, or a walkway may cross any yard area except that no driveway shall be within 10 feet of a side yard line or within 15 feet of a rear yard line. Within a nonresidential zone district, entry driveways and walkways may cross any yard area; however, other than crossing yards, driveways shall adhere to the yard requirements for accessory structures or as otherwise specified by the zone district regulations. Walkways in a nonresidential zone may be located in a yard area but they shall not encroach into any required buffer.

F. A porch, deck, patio, or similar structure designed to adjoin or as part of the principal building shall in all cases conform to the yard requirements for the principal building except where the structure has no roof and is constructed not more than six inches above grade, it shall adhere to the yard requirements for an accessory structure.

G. The aggregate ground area covered by detached accessory buildings in the rear yard area shall not exceed 20% of the required rear yard area within any zone.

H. On any through lots (any lot running from one street to another), no accessory building erected in the rear yard shall be nearer the street line than the minimum distance specified for a front yard setback on that part of the street which the yard abuts.

§ 95-7.9 Ornamental landscape structures.

[Amended by Ord. No. 97-13]

Ornamental landscape structures are permitted as accessory structures to a principal use. In conjunction with a nonresidential use or a multifamily use, ornamental landscape structures shall be placed only in accordance with the approved site plan. In conjunction with a single-family dwelling or a two-family dwelling, ornamental landscape structures are permitted subject to the following requirements:

A. Ornamental landscape structures may be located in the minimum required front yard area specified for the zone, provided that such structures do not exceed three feet in height, except as indicated herein for lampposts.

B. Ornamental landscape structures not exceeding six feet in height may be located outside of the front yard area but no closer than five feet to a side or rear property line.

C. Ornamental landscape structures exceeding six feet in height shall adhere to the minimum yard requirements and the maximum height requirements for accessory structures.

D. A lamppost and its luminaire may be erected to a maximum height of eight feet in the front yard area of a single-family dwelling or a two-family dwelling. If such a lamppost is located within eight feet of the intersection of the driveway line and the street line, then the lamppost and luminaire shall not have a horizontal cross section of more than four inches wide measured between three feet and six feet above the ground level. If the lamppost is mounted on stanchion which is located within eight feet of the intersection of the driveway and street line, the stanchion shall not exceed a height of three feet.

E. Exterior lighting shall conform to the applicable performance standards of § 95-7.21C(11), Glare, and § 95-7.21C(12), Lighting and illumination.

F. The total lot coverage for all ornamental landscape structures on a lot shall not exceed 2% of the total lot area.

G. Entry posts or stanchions constructed on either side of a driveway entrance to a street may be constructed with a wing wall extension. The wing wall and stanchion(s) on any one side of the driveway shall not exceed a length of 15 feet and shall be located wholly within the lot lines of the property. When located within a front yard, the wall height shall not exceed three feet.

§ 95-7.10 Nonapplicability to underground utilities and essential services.

The provisions of this chapter shall not apply to customary underground essential services as herein defined, except that all facilities such as pumping stations, repeater stations and electric substations, which require a building above ground, or any other aboveground appurtenance of any type more than 40 feet high, shall require approval as a conditional use subject to the provisions of this chapter.

§ 95-7.11 Contiguous lot ownership.

Where two or more lots, created by the filing of a map pursuant to the Map Filing Law prior to establishment of the Planning Board, have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of the parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.

§ 95-7.12 Height limitations.

No structure shall extend higher than the limit provided in each zone for building height. The height limitations of the chapter shall not apply to silos, church spires, belfries, cupolas and domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks and similar features. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve.

§ 95-7.13 Solid waste and recyclable storage for single- and two-family homes.

Editor's Note: See Ch. 198, Solid Waste.

A. Solid wastes and recyclables from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight-fitting covers.

B. Such receptacles shall not be stored or placed within any front yard area prior to the time at which materials are permitted to be placed at the curblines for collection. Such receptacles may be stored in either rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with continuous planting or solid fencing.

§ 95-7.14 Outdoor storage of materials.

[Amended 8-8-2007 by Ord. No. 07-15]

A. No nonresidential use shall store materials of any kind outdoors in any district except in connection with the construction of a structure to be erected on the premises unless specifically permitted in conjunction with an approved site plan or permitted elsewhere in this chapter.

B. A portable on-demand storage structure may be utilized as a temporary structure within the Township when in compliance with the standards of this section. The term “portable on-demand storage structures” shall be defined to be: any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.

(1) Use of a portable on-demand storage structure shall only be permitted where a permit has been issued by the Township Zoning Enforcement Officer.

(a) Applications for the permitted use of portable on-demand storage structures may be obtained from the Zoning Officer, and the application shall be submitted with a sketch showing the location of the trailer on the site and detailing the distance of trailers from other buildings, fire hydrants, Fire Department connections and/or utilities.

(b) All portable on-demand storage units shall be placed in driveways unless otherwise approved by the Zoning Officer.

(c) An application fee of $20 shall accompany the form requesting such permission. Failure to obtain permission for placement of such temporary structure shall result in the issuance of an after-the-fact permit with a fee set at 10 times the amount of a permit issued prior to erection of such structure ($200).

(2) Length of time structures may be on property. A portable on-demand storage structure may be located as a temporary structure on a property within the Township for a period not exceeding 90 days in duration from time of delivery to time of removal.

(3) No more than two portable on-demand storage structures may be located on a specific piece of property within the Township at one time; such structures shall be individually limited to the duration time period established herein.

(4) No portable on-demand storage structure located within the Township shall contain toxic or hazardous materials.

§ 95-7.15 Outdoor display of goods.

[Amended by Ord. No. 99-10]

A. Except during garage, estate or auction sales conducted pursuant to a permit issued by the Township, no goods shall be displayed for sale in any residential zone district. Editor's Note: See Ch. 68, Auctions and Auctioneers.

B. Business uses shall not permanently display goods for sale, including motor vehicles, outdoors except where the goods displayed are the merchandise of a business included within a structure located on the site and the display is in accordance with a site plan approved by the municipal agency.

C. Temporary sales and outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. No business shall hold more than five such sales per year nor shall any one sale exceed one week in duration.

D. Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods out of doors shall not be permitted in any zoning district within the Township except temporary sales operated by nonprofit or charitable groups may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. No nonprofit group shall hold more than two such sales per year nor shall any one sale exceed four days in duration.

E. Goods for sale, displayed or stored outdoors, in accordance with an approved site plan, shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales, provided that a clear pathway of at least four feet is maintained at all times on the sidewalk.

F. Temporary sales of Christmas trees may be permitted beginning the day after Thanksgiving in November through the month of December in business zones and on developed sites occupied by nonprofit or charitable groups. Such sales shall be in accordance with a permit issued by the Zoning Officer. No permit shall be issued unless adequate off-street stopping space or maneuvering space for vehicles of customers can be provided and it can be demonstrated that the temporary use will not interfere with other uses on the site. Each such use shall be permitted to have one freestanding sign, no larger than 12 square feet in area, no closer to any property line than 10 feet, and not exceeding eight feet in height. Such signs shall be temporary and shall be removed from the property on which the sales are being conducted no later than December 31.

G. Peddlers, canvassers, or itinerant vendors who are subject to the license requirements of Chapter 169 of the Township Code shall operate in accordance with the terms of the license issued by Manalapan Township. No peddler, canvasser, or itinerant vendor shall conduct business from a stationary position for any extended period of time in a residential or nonresidential zone except as permitted pursuant to Subsection D above in conjunction with the temporary sales operated by nonprofit or charitable groups on sites which are already developed as the principal use of the nonprofit group. No peddler, canvasser, or itinerant vendor shall operate from a stationary position for any extended period of time in a nonresidential zone except that the Manalapan Township Committee may approve a license for a peddler or vendor to operate at a stationary position in the LI Light Industrial Zone District or the LB-W Limited Business Wilson Avenue Zone District. Approval to operate from a stationary position in the LB-W Zone or the LI Zone shall be at the discretion of the Township Committee and a license issued by the Township may limit the hours of operation, placement, duration of stay, signage, equipment, or any other aspect of the business operation in order to ensure that the presence of the operation does not present a public hazard, danger or inconvenience, contribute to pedestrian or vehicular congestion, or constitute a public nuisance.

§ 95-7.16 Appearance of dwellings with a home professional office or home occupation.

A. Within any residential district, no building with an existing nonconforming home professional office or home occupation shall be constructed or altered so as to be inharmonious to the residential character of adjacent structures.

B. The types of construction not considered to be residential in character include, but are not limited to, store front type of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles), unfinished concrete blocks or cinder block wall surfaces, metal panels, elimination of porches and wall surfaces without doors and/or windows.

§ 95-7.17 Storage of boats and recreational vehicles.

A. Boats or parts, section, pieces or appurtenances of boats shall not be placed or stored on any lot situated in a residential zone, except:

(1) Not more than one boat, not longer than 26 feet, may be placed or stored on any driveway on any residential lot.

(2) Any boat placed or stored on a lot must be the property of the resident owner or resident tenant of the lot.

(3) No boats shall be placed or stored within public rights-of-way or cartways.

B. Boats or parts, sections, pieces or appurtenances of boats may not be placed or stored on any lot situated in any commercial, industrial or office zone district except in accordance with a site plan approved by the municipal agency or, for lots occupied by only residential uses, in accordance with Subsection A above.

C. Recreation vehicles or parts, sections, pieces or appurtenances of recreational vehicles shall not be parked overnight, stored or placed on any lot situated in a residential zone, except not more than one recreational vehicle may be parked overnight, stored or placed on any driveway in a residential zone.

D. Recreation vehicles or parts, sections, pieces or appurtenances of recreational vehicles may not be parked overnight, stored or placed on any lot in the commercial, industrial or office zone districts except in accordance with a site plan approved by the municipal agency or, for lots occupied by only residential uses in accordance with Subsection C above.

E. Recreation vehicles shall not be stored in public rights-of-way or cartways.

§ 95-7.18 Commercial vehicle storage.

Editor's Note: See Ch. 226, Vehicles and Traffic, § 226-76. No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of one ton shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.

§ 95-7.19 Wetlands permit.

No building, structure or use shall be permitted within areas defined as wetlands or wetlands transition areas by the New Jersey Wetlands Act of 1970 or the New Jersey Freshwater Wetlands Protection Act of 1987 except in accordance with a permit issued under the Act.

§ 95-7.20 Wireless telecommunications towers and antennas.

[Amended by Ord. No. 97-19]

A. Purpose.

(1) The purpose of these regulations for the siting of wireless telecommunications towers and antennas is to:

(a) Protect residential areas and land uses from potential adverse impacts of towers and antennas;

(b) Encourage the location of towers in appropriate locations;

(d) Strongly encourage the joint use of tower sites as a primary option rather than construction of additional single-use towers;

(e) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(f) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(g) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

(h) Consider the public health and safety of communication towers; and

(i) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(2) In furtherance of these goals, Manalapan Township shall give due consideration to the Township Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

B. Nonapplicability to amateur radio stations and to receive only antennas. The provisions of this section shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a receive only antenna. See Chapter 64, Antennas, of the Code of the Township of Manalapan for regulations pertaining to other types of antennas.

C. Antennas and towers permitted on Township property. Wireless communications towers and antennas which are located on property owned, leased, or otherwise controlled by the Township of Manalapan and which are approved by the Township Committee, shall be deemed to be permitted as a municipal facility in any zone district.

D. Antennas and towers which are not municipal facilities. Wireless telecommunications towers and antennas may be permitted on nonmunicipal property in the zones specified on the Schedule of Permitted Uses upon submission and approval of a site plan and in accordance with the regulations set forth below:

(1) General requirements.

(a) Principal or accessory use. Wireless telecommunications towers and antennas may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(b) Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(c) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Township as part of the application an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Manalapan Township or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Township may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of Manalapan Township; provided, however, that the Township is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(d) Aesthetics. Towers and antennas shall meet the following requirements:

[1] Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

[2] At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

[3] If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(e) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(f) State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(g) Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection, the Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(h) Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in Manalapan Township, irrespective of municipal and county jurisdictional boundaries.

(i) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in Manalapan Township have been obtained and shall file a copy of all required franchises with the Township.

(j) Public notice. For purposes of this section any variance request or request for site plan approval shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection D(1)(s) of this section in addition to any notice otherwise required by this chapter.

(k) Signs. No signs shall be allowed on an antenna or tower.

(l) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection D(2) of this section.

(m) Multiple antenna/tower plan. Manalapan Township encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

(n) Maximum height.

[1] The tower shall meet the following maximum height and usage criteria:

[a] For a single user, up to 90 feet in height;

[b] For two users, up to 120 feet in height; and

[c] For three or more users, up to 150 feet in height.

[2] A licensed professional engineer must certify that the tower can structurally accommodate the number of shared users proposed by the applicant.

(o) Information required. In addition to any information required for applications for site plan review pursuant to this chapter, applicants for approval for a tower shall submit the following information:

[1] A location plan drawn to scale and clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities). Master plan classification of the site and all properties within the applicable separation distances set forth in Subsection D(1)(s), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.

[2] Legal description of the parent tract and leased parcel (if applicable).

[3] The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

[4] The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(1)(s) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

[5] A landscape plan showing specific landscape materials.

[6] Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

[7] A description of compliance with Subsection D(1)(c), (d), (e), (f), (g), (j), (l), (m), (r), (s) and all applicable federal, state or local laws.

[8] A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

[9] Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

[10] A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.

[11] A description of the feasible location(s) of future towers or antennas within the Township based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(p) Factors considered in granting approval for towers. In addition to any standards for consideration of site plans pursuant to this chapter, the municipal agency shall consider the following factors in determining whether to issue an approval:

[1] Height of the proposed tower;

[2] Proximity of the tower to residential structures and residential district boundaries;

[3] Nature of uses on adjacent and nearby properties;

[4] Surrounding topography;

[5] Surrounding tree coverage and foliage;

[6] Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

[7] Proposed ingress and egress; and

[8] Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection D(1)(q) of this section.

(q) Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the municipal agency that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the municipal agency related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

[1] No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

[2] Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

[3] Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

[4] The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

[5] The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

[6] The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

[7] The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(r) Minimum required setback. The following minimum setback requirements shall apply to all towers for which site plan approval is required:

[1] Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line, but in no event shall the tower be located in the minimum required yard area or buffer area of the zone district.

[2] Guys and accessory buildings must satisfy the minimum zoning district setback and buffer requirements.

(s) Minimum separation requirement between uses. The following separation requirements shall apply to all towers and antennas for which site plan approval is required:

[1] Separation from off-site uses/designated areas.

[a] Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Subsection [b] below, except as otherwise provided.

[b] Towers shall maintain a separation distance of 200 feet or 300% of the tower height, whichever is greater from the lot line of a residential dwelling unit or from the boundary of lands zoned for residential use.

[2] Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers or other proposed towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown below in the table of required separation distances between towers.

Table of Required Separation Distances Between Towers
	Lattice	Guyed	Monopole 75 ft. in Height or Greater	Monopole Less Than 75 ft. in Height
Lattice	5,000	5,000	1,500	750
Guyed	5,000	5,000	1,500	750
Monopole 75 feet in height or greater	1,500	1,500	1,500	750
Monopole less than 75 feet in height	750	750	750	750

(t) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided however, that the municipal agency may waive such requirements, as it deems appropriate.

(u) Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required; provided, however, that the municipal agency may waive such requirements if the goals of this section would be better served thereby.

[1] Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.

[2] In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

[3] Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(v) In approving the tower the municipal agency may impose conditions, including the use of an alternative tower structure, to the extent the municipal agency concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(2) Buildings or other equipment storage.

(a) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

[1] The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 200 square feet of gross floor area or 10 feet in height, shall be located on the ground and shall not be located on the roof of the structure.

[2] If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

[3] Equipment storage buildings or cabinets shall comply with all applicable building codes.

(b) Antennas located on towers, utility poles, or light poles. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard and buffer requirements of the zoning district in which located and shall be screened from view of all residential properties.

(3) Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of Manalapan notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(4) Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.

§ 95-7.21 Performance standards.

A. As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the municipal agency, or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards.

(1) As evidence of compliance, the municipal agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.

(2) The municipal agency may require that specific types of equipment, machinery, or devices be installed, or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation, shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.

(3) Permits and certificates required by other government agencies shall be submitted to the municipal agency as proof of compliance with applicable codes.

(4) If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the municipal agency or Administrative Officer (Zoning Officer) may require that instruments and/or other devices, or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant, or specific use in question.

(5) Conditional permit.

(a) In the event a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the municipal agency may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.

(b) Within 30 days days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence shall be submitted that all standards established by this section have been met.

B. Applicability and enforcement of performance standards.

(1) Applicability:

(a) Prior to construction and operation. Any application for a development or building permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments, certifications as required by this section, and a sworn statement filed by the owner of the subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.

(b) For existing structures. Any existing structure or use which is, after the effective date of this chapter, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.

(2) Continued compliance. Continued compliance with performance standards is required and shall be enforced by the Construction Official or Administrative Officer (Zoning Officer).

(3) Termination of violation. All violation shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.

(4) Violation inspection. Whenever, in the opinion of the Construction Official or Administrative Officer (Zoning Officer), there is a reasonable probability that any use or occupancy violates the regulations of this section, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this section are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements, and analyses.

C. Performance standards established.

(1) Air pollution. No substance shall be emitted into the atmosphere in quantities, which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the municipality. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented and all the following provisions stated, whichever shall be more stringent, shall be complied with.

(a) Smoke. In any zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or fuel burning equipment; provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.

(b) Solid particles.

[1] In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.

[2] In any other zone, except industrial zones, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.

[3] In the industrial zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.

[4] No open burning shall be permitted in any zone.

[5] All incinerators shall be approved by the State Department of Environmental Protection.

[6] Any road, parking area, driveway, truck loading or unloading station, or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.

(c) Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process, which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors," copyrighted October 1968, by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.

(2) Liquid waste. No liquid waste shall be discharged into any water course, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Municipal Engineer, Health Officer, Western Monmouth Utilities Authority and where required by the New Jersey Department of Environmental Protection.

(3) Industrial waste. No industrial waste shall be discharged into the public sewage collection and disposal system unless the appropriate officials of the Western Monmouth Utilities Authority shall have first investigated the character and volume of such waste and shall have certified that it will accept the discharge of the waste material into the system. The applicant shall comply with any requirements of the utility, including the pretreating of such wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition to acceptance by the utility.

(4) Solid waste. All uses in the municipality shall:

(a) Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.

(b) Comply with all applicable provisions of the Air Pollution Control Code.

(c) Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.

(d) Permit no accumulation on the property of any solid waste, junk, or other objectionable materials.

(e) Not engage in any sanitary landfill operation on the property, except as may be permitted by other municipal codes and ordinances, and as licensed by the NJDEP.

(5) Radiation. All use of materials, equipment or facilities, which are or may be sources of radiation, shall comply with all controls, standards and requirements of the United States Atomic Energy Act of 1965, as amended and any codes, rules or regulations promulgated under such Act, as well as the New Jersey Radiation Protection Law, N.J.S.A. 26:2D-1 et seq., as amended, whichever is more stringent.

(6) Explosion hazards. Every structure, room, or space occupied for purposes involving explosion hazards shall comply with the provisions of the New Jersey State Uniform Construction Code Editor's Note: See Ch. 88, Construction Codes, Uniform. and NFiPA 495.

(7) Vibration. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall the maximum ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.10 inches per second for impact vibrations. Particle velocity is to be determined by the formula PV = 6.28 F x D where PV is the particle velocity, inches per second; F is the vibration frequency, cycles per second; D is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this chapter, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations.

(8) Electromagnetic interference. There shall be no electromagnetic interference that:

(a) Adversely affects at any point the operation of any equipment or its reception of transmitted signals intended for receipt by the equipment other than that belonging to the creator of such interference; or that

(b) Is not in conformance with the regulations of the Federal Communication Commission.

(9) Heat. Every use and activity shall be so operated that it does not raise the ambient temperature more than 2° C. at or beyond the boundary of any lot line.

(10) Fire-resistant construction. All new construction and additions shall be fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.

(11) Glare. There shall be no direct or sky-reflected glare exceeding 1 1/2 footcandles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 footcandle in residential districts at the property line of the property generating the glare.

(12) Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:

(a) The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandles beyond any property line. Rear cutoff shields, internal or external, shall be used where necessary to reduce spillover onto adjoining properties.

(b) Spotlights or other types of artificial lighting, that provides a concentrated beam of light, shall be so directed that the beam of light does not extend beyond any property lines.

(c) Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.

(13) Toxic gases or fumes. No toxic or corrosive gases, vapors or fumes shall be emitted into the atmosphere.

(14) No noise at a receiving property line shall exceed the limits specified by N.J.A.C. 7:29, Noise Control.

§ 95-7.22 Property maintenance.

Editor's Note: See Ch. 128, Housing Standards, and Ch. 176, Property Maintenance.

A. It is the intent of this section to assure that the public health, safety, and welfare is not impaired by the neglected maintenance of the buildings and property. It is further intended to assure that site improvements required by a municipal agency are properly maintained and operable. It shall be the Zoning Officer's responsibility to enforce this section where property conditions pose a hazard to the public or where a property owner fails to maintain a required site improvement.

B. It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition, all buildings and land in the municipality which they own, use, occupy or have maintenance responsibility for in accordance with the following regulations:

(1) Maintenance of all land uses within the municipality shall include, but is not limited to, the following:

(a) Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.

(b) Paint striping, traffic control signs and markings, and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.

(c) Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians.

(d) Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.

(e) All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours.

(f) All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced (if such plantings are required under this section, they shall be replaced only). All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.

(g) Building finishes shall be maintained reasonably free of peeling or cracked paint, rust, graffiti, or other unsightly conditions.

(h) All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be located to interfere with vehicular or pedestrian circulation.

(i) Appropriate areas shall be provided for the storage of recyclable materials. These areas shall be expanded or modified as necessary to meet the requirements of any change in occupancy. Such areas shall be within the structure or in side or rear yards and shall be properly screened. Provisions shall be made to store paper, cardboard and similar items out of the weather. Such areas shall be maintained in a clean, orderly and neat condition.

(j) All outdoor lighting shall be maintained in a working condition with properly sized replacement bulbs and lenses.

(2) All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all sight triangles, structures, and improvements, including stormwater collection structures, piping, and stormwater management facilities shown on the approved site plan or subdivision plan in a safe and orderly condition. In addition to the maintenance responsibilities specified above, additional maintenance responsibilities shall include, but are not limited to, the following:

(a) All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.

(b) Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such areas. Refuse containers located elsewhere on the site shall not be permitted.

(3) Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall in violation of this chapter subject to the penalties prescribed in this chapter.

§ 95-7.23 Signs.

All signs shall conform to the provisions set forth in Article VIII of this chapter and to the applicable requirements of the New Jersey Uniform Construction Code.

§ 95-7.24 Fences.

Fences may be erected, altered or reconstructed in accordance with the following regulations and in accordance with the other provisions of this chapter:

A. Fences shall not be erected, altered or reconstructed where located within 25 feet of any street line.

B. In nonresidential zones, fences shall not exceed 10 feet in height.

C. In residential zones, fences shall not exceed three feet in height in a front yard and shall not exceed six feet in height in a rear yard or side yard.

D. All fences must be erected within the property lines, and no fence shall be erected so as to interfere with a public right-of-way. No fence shall be erected over a public easement or right-of-way unless the Township of Manalapan grants a revocable license for the erection of that fence.

E. Fences shall be erected with the finished side of the fence facing out from the property on which the fence is being erected. All poles, posts or supports shall be constructed on the side of the fence facing towards the property on which the fence is being erected.

F. All fences shall be maintained in good condition. Broken or cracked fences shall not be permitted. If a fence is painted, it must be repainted by the property owner at least once every three years.

G. Fences shall not be permitted in a sight triangle.

H. On park, recreation or school properties, open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the building setback line.

I. Barbed wire, razor wire, or other security wire, canvas or cloth fence and fencing construction are prohibited in all zones. No fence shall be erected which is embedded with or made of pieces of glass, sharpened metal, or sharp or otherwise hazardous material, nor constructed of any material or in any manner which may be dangerous to persons or animals. No fence shall be electrically charged except that low voltage electrically charged fences are permitted on farms only, provided that they are setback at least 10 feet from any street line and at least 10 feet from any abutting residential property that is not a farm. All electrically charged fences shall be posted with signs designed to warn persons of their presence and nature.

[Amended 12-5-2001 by Ord. No. 01-17]

J. Tennis court fences, baseball and softball backstops and spectator protective fencing are exempt from the requirements of this section provided they are not located within any required yard area. Located outside of any required yard area, they are subject to the height limitations of the particular zone district.

K. Fences which are painted shall be painted in only one color, harmonious with the surrounding area. Multicolored fences or fence slat inserts are prohibited.

L. Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

M. Open fences for the enclosure of pastures or corrals for livestock may be erected within the front yard of farms. An open fence is a fence in which 2/3 of the area between grade level and the top cross member (wire, wood, or other material), is open. Farm fencing in the front yard is subject to the following limitations:

[Added 12-5-2001 by Ord. No. 01-17]

(1) Fence height shall not exceed five feet within 25 feet of any street line.

(2) Fence height may be increased to six feet, provided that the fence is setback more than 25 feet from any street line.

(3) Wire fences and electrically charged fences are subject to the provisions of Subsection I of this section.

(4) Fence location and construction is subject to the provisions of § 95-7.5, Sight triangle at intersections.

§ 95-7.25 Garages.

A. Private garages for a dwelling may be designed for a maximum of three vehicles and shall not exceed 35 feet in width by 24 feet in depth by 15 feet in height.

B. Except as provided by § 95-7.18, no trucks, tractor-trailers, tractors (for use in pulling trailers) or trailers shall be parked, stored or garaged in any residential zone, provided however, that these provisions shall not be construed to prevent the delivery by the use of such vehicles to premises in the residential zones of merchandise, furniture or construction materials to be used in construction upon the premises.

§ 95-7.26 Stables.

A. Horses, horse stables and exercise areas shall be permitted on lots of at least 80,000 square feet, subject to the following:

(1) Not more than one horse per 40,000 square feet of lot area on lots 20 acres or smaller shall be permitted.

(2) The stables shall be at least 50 feet from any lot line.

(3) There shall be fencing with a minimum height of four feet around all areas used for the keeping of horses.

[Amended 12-5-2001 by Ord. No. 01-17]

(4) Provision of a manure storage area of sufficient capacity for the maximum number of horses allowed on the property.

(5) Stable height shall not exceed 35 feet or the maximum height permitted by the zone district for a principal building, whichever is greater.

[Amended 12-5-2001 by Ord. No. 01-17]

B. Barns, stables, and equestrian riding arenas shall be permitted on farms subject to the following:

[Added 12-5-2001 by Ord. No. 01-17]

(1) They shall be setback at least 50 feet from any lot line.

(2) They shall be located to meet the minimum front yard requirement of the zone district.

(3) Height shall not exceed 35 feet or the maximum height permitted by the zone district for a principal building, whichever is greater.

§ 95-7.27 Animal shelters for domestic pets.

Animal shelters for domestic pets, except on farms, shall not exceed 10 square feet in area.

§ 95-7.28 Soil removal, fill and relocation.

[Amended 12-19-2007 by Ord. No. 07-30]

No fill in excess of 20 cubic yards shall be placed on any property within the Township of Manalapan, nor shall any soil be removed from any property within the Township of Manalapan nor shall existing soil on any property be relocated on the same property in excess of 20 cubic yards without the prior approval of the Township. Approval of a site plan or subdivision showing such filling or removal or approval of grading plan by the Construction Official and/or the Planning Board or Township Engineer shall constitute such prior approval of the Township. All grading plans shall meet the requirements of § 98-8.3C, Conservation of natural topography. See Chapter 192, Soil Erosion and Sediment Control, and Chapter 195, Soil Removal, for details of permit application process.

§ 95-7.29 Residential recreational lighting.

No lighting of tennis courts or paddle tennis courts shall be permitted in any residential zone district.

§ 95-7.30 Relocation of a building.

Prior to the moving and relocation of any building from the existing foundation to a site within the Township of Manalapan, the foundation at the proposed site shall have been completed and located with the required setbacks of the zone. Work to secure the relocated building on the new foundation shall be pursued immediately and the building shall not be placed in any temporary location except during the twenty-four-hour period when the work of moving is done.

§ 95-7.31 Hours of operation.

No business, office or commercial activity which invites or permits customer or public use, visitation or occupancy shall operate between the hours of 11:00 p.m. and 6:00 a.m. except:

A. Those businesses (such as establishments licensed to serve alcoholic beverages) which have their hours regulated by government law, regulation or ordinance; or

B. In accordance with specific site plan approval by the municipal agency.

§ 95-7.32 Reduction of open space prohibited.

A. No lot shall be so subdivided or reduced in area as to cause any open space required by this chapter to be less in any dimension than is required for the zone and lot in question.

B. Where a lot is formed from part of another lot and occupied by a building, such division shall be effected in such a manner as to not impair any of the requirements of this chapter with respect to the existing building or yards and open spaces in connection therewith. No permit shall be issued for the erection of a new building on a new lot thus created, unless it complies with all the provisions of this chapter.

§ 95-7.33 Access driveways.

A. Any access driveway to any use shall be deemed to be accessory to such use. No driveway that is accessory to a business or industrial use shall be established in any residential zone.

B. All single-family detached residential dwellings shall have a driveway connecting the lot to the street.

C. Parking on approved driveway or extension connection.

(1) No person shall park or store a motor vehicle on private property in an approved major subdivision, and not in a garage, other than an approved driveway or an extension connection to the approved driveway.

(a) The connected extension shall be surfaced with a dustless, durable, all-weather surface, adequately drained, consisting of a minimum of two inches which-type SM or FABC surface course or three inches of processed stone, or an alternative material approved by the Township Engineer, on a compacted subgrade.

(b) No extension shall be within 10 feet of any property line; and any illumination emanating from any such parking area lighting shall be arranged so as to shield surrounding residential properties from glare or indirect light.

(c) If the extension and contiguous area provide for parking for four or more motor vehicles, then the area shall be attractively shrubbed on its entire periphery, with species and sizes so as to obscure 75% of lights emanating from motor vehicle headlights, the area shall not be within 15 feet of any residential property line.

(2) The term "motor vehicle" shall include and be limited to those vehicles as defined in Title 39 of the Revised Statutes of New Jersey.

(3) Nothing contained herein shall prevent or limit the parking or storage of a motor vehicle in a public or private parking facility or on a street in a residential zoning district, as may otherwise be permitted pursuant to law.

(4) The requirements for any such extended parking area shall apply whether located in the front, side or rear areas of the property.

§ 95-7.34 Floodway setback, elevation above water table and soil removal.

A. No structure shall be built within 50 feet of the calculated one-hundred-year floodway.

B. A minimum of two feet in elevation shall be required between the lowest floor elevation of a principal building and the seasonal high groundwater table as determined by § 95-8.3C(6).

[Amended 12-19-2007 by Ord. No. 07-30]

C. No person shall strip, excavate or otherwise remove topsoil, except as provided in the soil removal regulations of Manalapan Township found in Chapter 195, Soil Removal.

§ 95-7.35 (Reserved).

Editor's Note: Former § 95-7.35, Farm Stands, as amended, was repealed 10-13-2010 by Ord. No. 2010-16. See now § 95-7.49.

§ 95-7.36 Location of business displays or vending machines.

Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type beyond three feet of the structure in which the business activity is carried on. Editor's Note: See Ch. 152, Newsracks.

§ 95-7.37 Charitable activities.

Nothing in this chapter shall be construed as limiting local temporary charitable and civic activities, such as fireman's fairs and the like, provided that such use shall not exceed 10 days and shall comply with all other ordinances and regulations of the Township.

§ 95-7.38 Planned developments.

A. Prior to approval of a planned development the Planning Board shall find the following facts and conclusions:

(1) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65c;

(2) That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate;

(3) That provisions through 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 environment are adequate;

(4) That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

(5) In the case of a proposed development which contemplates construction over a period of years, that the terms 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 are adequate.

B. The following provisions shall be applicable to a planned development:

(1) The Planning Board may grant general development plan approval to provide the increased flexibility desirable to promote mutual agreement between the applicant and the Planning Board on the basic scheme of a planned development.

(2) Any common open space resulting from the application of standards for density, or intensity of land use, shall be set aside for the use and benefit of the owners or residents in such development pursuant to § 95-8.9.

(3) The amount and location of any common open space shall be determined and its improvement and maintenance for common open space use shall be secured subject to § 95-8.9.

(4) The Planning Board may allow a greater concentration of density, or intensity of land use, within a section or sections of development, whether it be earlier, later or simultaneous in the development, than in others.

(5) A greater concentration of density or intensity of land use for any section to be developed shall be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by a grant or easement or by covenant in favor of the municipality, provided that such reservation shall, as far as practicable, defer the precise location of common open space until an application for final approval is filed, so that flexibility of development can be maintained.

(6) The Planning Board may require that nonresidential uses to be built before, after or at the same time as the residential uses, and specify the timing for development of different types of residential dwellings.

§ 95-7.39 Disabled and junked motor vehicles.

Editor's Note: See Ch. 132, Junkyards.

A. No person shall park, store, leave or permit the parking, storing or leaving of more than one temporarily disabled motor vehicle, as defined hereinafter, or any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled condition, whether attended or not, upon any public or private property in the Township of Manalapan. A "temporarily disabled motor vehicle" is defined as a motor vehicle under N.J.S.A. 39:1-1 et seq. which is inoperative for a period not exceeding 72 hours, and which vehicle has a current registration and a current vehicle inspection certificate under the laws of the State of New Jersey. Nothing contained herein shall apply to any motor vehicle enclosed within a building on private or public property, any motor vehicle held in connection with a business enterprise licensed by the Township and property existing in the appropriate zoning district for such business, farm equipment or not more than four motor vehicles retained by the owner solely for the purpose of antique collection purposes. An "antique motor vehicle" shall be defined as those motor vehicles specifically set forth in the Official Vehicle Classification of the Antique Automobile Club of America, Inc., adopted December 1951, revised 1983 and as may be further amended.

B. It is hereby determined that the presence of an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled vehicle or parts thereof on private or public property is hereby declared a public nuisance which may be abated in accordance with other applicable ordinances of the Township of Manalapan, in addition to being a violation of this chapter. For purposes of this subsection, "junked motor vehicle" is defined as a motor vehicle under N.J.S.A. 39:1-1 et seq. which does not have a current registration and a current motor vehicle safety inspection certificate and the condition of which is wrecked, dismantled, partially dismantled, inoperable, abandoned or discarded.

§ 95-7.40 Minimum improvable lot area required.

A. The building envelope on a lot as defined by the minimum yard requirements for the location of a principal building, or, in the case of nonresidential uses, the location of an off-street parking lot, or a loading area, shall enclose a contiguous improvable area which is not less than the minimum improvable area required by the Schedule of Area, Yard, and Building Requirements. Editor's Note: The schedule is included at the end of this chapter.

B. The contiguous improvable area shall be of such dimensions that it shall be able to contain within it the shape of a circle whose minimum diameter is not less than as prescribed by the Schedule of Area, Yard, and Building Requirements for the diameter of the improvable area.

C. Where single-family cluster development is permitted, the permissible number of building lots in the cluster shall not exceed the number of lots which could be developed under a conventional platting which conforms to the requirements of this section and other applicable regulations. To the maximum extent practical, the required minimum area of a cluster lot shall not be encroached upon by a wetland, wetlands transition area, stream corridor, steep slope of 15% or greater, existing or proposed public right-of-way, drainage easement, conservation easement, or Flood Hazard Area Overlay District.

D. Any existing detached single-family dwelling which is a conforming use but which is on a lot made nonconforming by the provisions of this section may be enlarged or expanded within its improvable area provided that such expansion conforms to all other zone district regulations.

§ 95-7.41 Child-care centers in nonresidential zones.

The floor area occupied by a child-care center in any building or structure shall be excluded in calculating:

A. Any parking requirement otherwise applicable to that number of units or floor space, as appropriate, under § 95-9.2B of this chapter; and

B. The permitted density allowable for that building or structure under this chapter.

§ 95-7.42 Livestock in zones where farm uses are not permitted.

No livestock is permitted in any zone except in conjunction with a permitted farm or as otherwise specifically permitted by regulations.

§ 95-7.43 Flag lots.

Flag lots shall be permitted in the R-AG and R-R Zoning Districts only and shall be subject to the following requirements:

A. Flag lots shall only be permitted where the flag lot makes it possible to better utilize irregularly shaped properties or areas with resource limitations, such as wetlands, or to eliminate access to collector or arterial roads.

B. No more than 10% of the lots in a subdivision may be flag lots.

C. Flag lots shall not be permitted whenever their effect is to increase the number of lots taking access to a collector or arterial road.

D. Flag lots shall not be permitted on culs-de-sac except to eliminate access to a collector or arterial road.

E. A flag lot shall consist of an area (the "flag") located behind one or more other lots and an access strip (the "flagstaff") which extends from and connects the flag to the street. The access strip to a flag lot shall be at least 25 feet wide and provide a street frontage of at least 25 feet. The width of the access strip shall not exceed 50 feet and the street frontage shall not exceed 50 feet.

[Amended 11-8-2006 by Ord. No. 2006-18]

F. Each flag lot shall have its own access strip. The use of the access strip to provide a common driveway to any other lot or shared access with any other lot is prohibited.

[Amended 11-8-2006 by Ord. No. 2006-18]

G. The area of each flag lot shall be at least twice the minimum required lot area of the zone district. The area of the access strip shall not be included as part of the lot area for the purpose of meeting the minimum lot area requirements.

[Amended 11-8-2006 by Ord. No. 2006-18]

H. Access strips shall not be more than 600 feet in length and shall be improved in accordance with the requirements of the Township Engineer.

I. Adjoining flag lots shall be prohibited.

J. The minimum setback of the principal building of a flag lot from any lot line of the flag lot shall be 75 feet. The improvable area within the minimum setback shall meet the improvable area requirements of the zone district.

[Added 11-8-2006 by Ord. No. 2006-18]

K. Flag lots shall not be further subdivided.

[Amended 11-8-2006 by Ord. No. 2006-18]

§ 95-7.44 Residential detention basin lots.

[Amended by Ord. No. 95-14]

The Zoning Schedule of Area, Yard and Building Requirements shall not apply to a detention basin lot which has been platted as part of a single-family residential development. Such detention basins and their lots shall adhere to the following minimum standards:

A. The top of the excavation or the toe of the outside slope shall be set back at least 25 feet from adjoining residential or nonresidential property lines.

B. The top of the excavation or the toe of the outside slope shall be set back at least 40 feet from the adjoining right-of-way line for any right-of-way dedicated for use as a public road.

C. The detention basin lot shall have lot frontage of at least 25 feet and be improved with access for its maintenance.

D. The detention basin shall not be located in the minimum buffer area required pursuant to the Schedule of Minimum Required Buffer Areas (Exhibit 5-2B). Editor's Note: Exhibit 5-2B is included at the end of this chapter.

§ 95-7.45 Helistops.

Helistops are permitted as an accessory use only when specifically provided for by the use regulations of the zone district. Helistops are subject to the following regulations:

A. The helistop must be accessory to the principal use of the property and must not be available for use by the general public.

B. The helistop must be set back at least 1,000 feet from a residential zone.

C. The helistop must be licensed as an aeronautical facility by the New Jersey Department of Transportation and conform to the requirements and standards of N.J.A.C. 16:54-1.6, Licensing of Aeronautical Facilities, for the design of helistops.

§ 95-7.46 Private tennis courts.

[Amended by Ord. No. 95-14]

Tennis courts are permitted as an accessory use in the zones specified on the Schedule of Permitted Uses Editor's Note: Exhibit 5-2B is included at the end of this chapter. on single-family residential properties of 80,000 square feet or larger, subject to the following requirements.

A. One tennis court of regulation size is permitted and may be enclosed by an open chain link fence not more than 12 feet high.

B. The court, inclusive of the fence, shall be set back a minimum of 35 feet from side and 50 feet from rear property lines and shall not be illuminated, nor used for play after dark.

C. A grading and drainage plan for the tennis court shall be submitted to the Township Engineer for review and approval. The plan shall be designed to control surface waters in a manner that will not adversely affect the subject property or abutting lands. An engineering review fee of $200 shall be paid by the applicant for the initial review and a review fee of $100 shall be paid for each review of a revised plan.

§ 95-7.47 Residential sports courts.

[Amended by Ord. No. 98-32]

Private residential sports courts are permitted as an accessory structure to a single-family dwelling in the zones specified on the schedule of permitted uses, subject to the following requirements.

A. The residential sports court is located on a lot of 80,000 square feet or greater.

B. Only one residential sports court per lot is permitted and the residential property shall not contain any separate tennis court.

C. The residential sports court shall not be located in a front yard.

D. The area of the residential sports court shall not exceed 2,500 square feet.

E. Fencing around a sports court shall not exceed six feet in height.

F. The residential sports court, inclusive of fencing, shall not be located closer than 35 feet to a side or rear property line or closer than the minimum yard specified by the zone district schedule for a detached accessory structure, whichever is greater.

G. The residential sports court shall not be illuminated for play after dark.

H. A grading and drainage plan for the residential sports court shall be submitted to the Township Engineer for review and approval. An engineering review fee of $200 shall be paid by the applicant for the initial review and a review fee of $100 shall be paid for each review of a revised plan.

§ 95-7.48 Right to farm.

[Amended by Ord. No. 99-11]

A. Intention of this section. It is the intention of this section for the ordinances of the Township of Manalapan to model and comply with the New Jersey Right to Farm Act, N.J.S.A. 4:1C-1 et seq., as the same may be amended and supplemented from time to time. The interpretation and application of the Code of the Township of Manalapan pertaining to farms and the Township’s resolution of conflicts with the complaints against farms shall be in accordance with the most current amendments or revisions to the Right to Farm Act and the approved management practices adopted by the New Jersey State Agriculture Development Committee and the Monmouth County Agriculture Development Board.

[Added 10-13-2010 by Ord. No. 2010-16 Editor’s Note: This ordinance also provided for the redesignation of former Subsections A through D as Subsections B through E, respectively. ]

B. Recognition of right to exist. The right to farm all land is hereby recognized to exist as a natural right and is hereby ordained to exist as a permitted use everywhere in the Township of Manalapan, subject only to size requirements and the applicable provisions of the Township zoning and development regulations and to the Township's health and sanitary codes. The Township recognizes that the primary jurisdiction to identify and regulate generally accepted agricultural management operations and practices on commercial farms rests with the State Agriculture Development Committee and the Monmouth County Agriculture Development Board and that the Board shall consider, among other things, the impact of such practices on the Township and, in so doing, consider the limitations imposed by Township zoning ordinances adopted pursuant to the New Jersey Municipal Land Use Law. The right to farm as used herein this section includes the use of irrigation pumps, equipment, aerial and ground seeding, tractors, farm laborers, and the application of appropriate agricultural and animal husbandry techniques as well as all other recognized equipment and modern procedures all for the purpose of producing from the land agricultural products such as vegetables, grain, hay, fruits, fibers, wood, trees, plants, shrubs, flowers, and seeds as well as propagation and maintenance of horses, cows, and other grazing stock.

[Amended 12-5-2001 by Ord. No. 2001-17]

C. Definitions. For the purposes of interpretation of this chapter, the following definitions shall apply:

COMMERCIAL AGRICULTURE: The production principally for sale to others of plants and animals or their products, including, but not limited to, forage and sod crops, grain and feed crops, dairy animals and dairy products, livestock, including beef cattle, poultry, sheep, horses, ponies, mules and goats; the breeding and grazing of such animals, bees and apiary products, fruits of all kinds, including grapes, nuts and berries, vegetables, nursery, floral, ornamental and greenhouse products.

FARM: Any parcel of land of a minimum of five acres in size which is used for gain in the raising of agricultural products, horticultural products, or livestock and which is enrolled in the farmland assessment program, including but not limited to landscape nurseries or greenhouses; horse stables or arenas and the production of dairy products.
[Amended 10-13-2010 by Ord. No. 2010-16]

FARM BUILDING: Any building used for the housing of agricultural equipment, produce, livestock, or poultry or for the incidental customary processing of farm products and provided that such building is located on or operated in conjunction with and necessary to the operation of a farm as defined by this chapter.
[Added 10-13-2010 by Ord. No. 2010-16]

FARM STAND: An establishment consisting of a stand, structure or building, with a total gross floor area not exceeding 900 square feet located on a farm and from which is offered for retail sale to the general public farm produce for human consumption, flowers or plants, no more than 10% of which i