Township of Kingwood, NJ
Hunterdon County
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Table of Contents
Table of Contents
This chapter shall be known and may be cited and referred to as the "Kingwood Township Zoning Ordinance (1979)."
The purpose of this chapter is to regulate and establish a pattern for the nature and extent of the uses of land and of buildings and structures thereon in the Township of Kingwood. It is enacted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) in order to promote the public health, safety, morals and general welfare. This chapter is intended:
A. 
To limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature of the extent of their use;
B. 
To secure safety from fire, flood, panic and other natural and man-made disasters;
C. 
To assure adequate light, air and open space;
D. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods and communities and which will preserve the environment;
E. 
To provide sufficient space and appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, according to their respective environmental requirements;
F. 
To regulate the bulk, height, number of stories and size of buildings and other structures and the percentage of lot or development area that may be occupied by structures and the lot sizes and dimensions;
G. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangement and 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 will result in congestion and blight; and
H. 
Also to promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper land use.
All words used herein in the present tense shall include the future; the singular shall include the plural, and the plural shall include the singular. The word "shall" is mandatory and not directory. For the purposes of this chapter, certain words and phrases are herein defined as follows, unless the context clearly indicates a different meaning. Specific definitions are also contained at the beginning of § 132-37 and at the beginning of Article V.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use on the same lot with and of a nature incidental and subordinate to the principal building, structure or use.
AGRICULTURAL OR HORTICULTURAL USE
Land shall be deemed to be in agricultural use when devoted to the production for sale of plants and animals useful to men, including but not limited to forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any and all of such animals; bees and apiary products; fur animals; trees and forest products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government or when devoted to the production for sale of fruits of all kinds, including grapes, nuts and berries, vegetables, nursery, floral, ornamental and greenhouse products.
ALTERATIONS OR ADDITIONS
A change or rearrangement in the structural parts or in the existing facilities which alters the use of the building or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another.
AUTOMOBILE BODY REPAIR SHOP
Any building, premises or land in which a business, service or activity is located in which a primary pursuit is painting, body and fender replacement and repair, chassis repair and straightening, auto dismantling and auto wrecking or other similar activities. This definition does not include automobile junkyards.
[Added 7-26-1993 by Ord. No. 8-13-93; amended 8-4-2009 by Ord. No. 15-06-2009]
AUTOMOBILE SERVICE STATION
Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sale of vehicular fuels and/or for the mechanical repair and servicing of automobiles. This service may include, but is not restricted to, the sale and installation of lubricants, tires, batteries and similar accessories and other general vehicle maintenance and mechanical repairs. An "automobile service station" shall not engage in vehicle painting or body and fender replacement and repair, chassis repair and straightening, auto body dismantling and auto wrecking or other activities which are associated with automobile body repair shops.
[Added 7-26-1993 by Ord. No. 8-13-93]
BED-AND-BREAKFAST
Owner-occupied, single-family home wherein the owner provides overnight accommodations and a morning meal (no more than four consecutive days/three consecutive nights) to transient guests for compensation.
[Added 6-17-1996 by Ord. No. 9-11-1996]
BUFFER
An area consisting of trees, shrubs, solid fencing, earth berm plantings or a combination of those ingredients installed so as to provide both a visual and/or an acoustical barrier between properties or between a property or use and a public road. Solid fencing may be substituted to meet only part of the requirement and must be supplemented with plantings.
BUILDABLE AREA
A contiguous area of land located within the building envelope of a lot which does not contain any constrained areas and which is equal in size to the lesser of one-half of the area of the building envelope or one acre.
[Added 3-7-2006 by Ord. No. 13-20-2006; amended 4-4-2006 by Ord. No. 13-21-2006]
BUILDING
A combination of materials to form a construction adapted to the permanent, temporary or continuous occupancy by persons, animals or property and having a roof.
BUILDING COVERAGE
The square footage or other area measurements by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the foundation and including the area under the roof of any structure supported by columns but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
BUILDING ENVELOPE
The area of land located within the applicable principal building setback lines of a lot.
[Added 3-7-2006 by Ord. No. 13-20-2006]
A. 
A self-propelled vehicular structure built as one unit on a chassis and designed for temporary living, for travel, recreation, vacation or other short-term use, which may contain cooking, sleeping and sanitary facilities;
B. 
An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another; or
C. 
A portable vehicular structure built on a chassis designed for camping, the body of which is basically rectangular with a flat top and not more than four feet above the surface of the ground and designed to have a temporary tent erected above the four-foot level for camping activities.
CARGO CONTAINER
This definition of cargo container shall not include any trailer or other container which is equipped, or at one time was equipped, with wheels allowing it to be transported by towing. A cargo container is any combination of materials consisting of four sides, a floor and a ceiling which form an enclosure whose principal use is the storage of goods, equipment and material for transportation via sea or overland via truck or railroad.
[Added 6-21-1999 by Ord. No. 10-9-99]
CHILD-CARE CENTERS
A center licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
[Added 7-26-1993 by Ord. No. 8-13-93]
CLUSTER
A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features.[1]
[Added 4-4-2006 by Ord. No. 13-21-2006]
CLUSTER SUBDIVISION
A form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.
[Added 4-4-2006 by Ord. No. 13-21-2006]
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 - DEVELOPMENTALLY DISABLED; VICTIMS OF DOMESTIC VIOLENCE; PERSONS WITH HEAD INJURIES; TERMINALLY ILL
Any community residential facility as defined in N.J.S.A. 40:55D-66.2 (or as in the future may be amended) and meeting the standards established therein and in related statutes.
[Added 10-7-2003 by Ord. No. 12-10-2003[2]]
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 therefor by the Planning Board.
CONSTRAINED AREAS
Those portions of a lot, tract or parcel of land which are encumbered by, used for or otherwise dedicated to the following: areas of existing road and transmission rights-of-way and proposed new roads within the tract; areas of easements or rights-of-way required for widening of existing roads abutting the tract boundaries; areas of all existing easements and restrictive covenants; natural resource limitation areas, including floodplains, wetlands, NJDEP-required wetlands transition areas, areas deemed by NJDEP to be unavailable for development due to the presence of special water resource protection areas for C-1 waters, streams, required stream buffer conservation areas, land under water and areas of slopes 20% or greater.
[Added 3-7-2006 by Ord. No. 13-20-2006; amended 4-25-2011 by Ord. No. 16-13-2011; 7-5-2012 by Ord. No. 17-12-2012]
CONSTRUCTION TRAILER
Any licensed and registered trailer utilized to transport landscaping and/or construction equipment, to store and transport construction materials or to provide temporary on-site office facilities for construction contractors at job locations.
[Added 6-21-1999 by Ord. No. 10-9-99]
DEVELOPMENT
Includes 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 of use of land for which permission may be required under this chapter. For purposes of this chapter, "development" also includes locating, constructing, revising or otherwise changing or placing a sign or installing lighting or solid waste containers.
[Added 9-22-1988 by Ord. No. 6-13-88]
DWELLING
A building containing one or more dwelling units and being detached, that is, having no wall or walls in common with an adjacent dwelling or dwellings.
DWELLING, SINGLE-FAMILY
A dwelling containing no more than one dwelling unit.
DWELLING UNIT
One room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.
ECHO UNIT
An elder cottage housing opportunity (ECHO) unit is a small removable modular cottage on a lot with a single residential dwelling. The ECHO unit shall be a separate living quarters, accessory to a primary residence on the premises, not exceeding 720 square feet of gross floor area for the use of and occupancy by not more than two persons who are related by blood, marriage or adoption to the lot owner, who must occupy the primary residence on the premises, and one primary care giver. One of the ECHO unit occupants shall be 60 years of age or older.
[Added 7-16-2001 by Ord. No. 11-4-2001; amended 12-17-2001 by Ord. No. 11-9-2001]
FAMILY DAY-CARE HOMES
A private residence which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.), and is further defined as a private residence in which child-care services are provided for a fee to not fewer than three and no more than five children at any one time for no less than 15 hours per week.
[Added 7-26-1993 by Ord. No. 8-13-93]
FARM
A lot, as defined herein, having an area of not less than five acres and used for agricultural purposes as defined herein.
FARM MARKET
An accessory building devoted to the retail sale of farm produce grown, raised, or produced on, or collected or harvested from, the lands comprising, or under common ownership with, the lot on which the farm market is located.
[Added 7-17-2000 by Ord. No. 11-7-2000]
FARM PRODUCE
Those products and goods, including, without limitation, animals and plants, that are grown, raised, or produced on, or collected or harvested from, lands devoted to agricultural and/or horticultural use.
[Added 7-17-2000 by Ord. No. 11-7-2000]
FARM RELATED GOODS
Agricultural and horticultural supplies and hand tools, souvenir and gift items, such as shirts and mugs printed with the name of the farm or farm market, and those items that are not farm produce but are derived from farm produce, including but not limited to, canned or jarred fruits, homemade pies, trees, plants, flowers, shrubs, firewood and homemade crafts.
[Added 7-17-2000 by Ord. No. 11-7-2000]
FLAG LOT
A lot having less frontage than the minimum required for a standard lot by these development regulations, but sufficient to provide adequate access as herein defined as a Class II minor subdivision, by way of an access strip or staff, to the main portion of the lot in the rear, which is intended and suitable to accommodate a single-family residence in compliance with the development regulations.
[Added 6-17-1996 by Ord. No. 9-11-96]
FLEA MARKET
An open market selling new or used household goods, curios, tools and other equipment, material, handcrafts and the like.
[Added 9-22-1988 by Ord. No. 6-13-88]
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures compared to the total area of the site. For purposes of this chapter, wetlands, floodways and areas within the one-hundred-year floodplain shall be counted at half credit toward the permitted "floor area ratio."
[Added 9-22-1988 by Ord. No. 6-13-88]
FRONTAGE
The distance for which a lot abuts a public street, measured at and from the right-of-way line. In the Byram Colony Zone, for those properties abutting the Delaware River, or both the Delaware River and a public street, frontage is the distance for which a lot abuts the Delaware River, measured at the point where uplands abut riparian lands.
[Added 6-3-2003 by Ord. No. 12-6-2003]
GROSS FLOOR AREA
The total floor area in a building or structure measured by using the outside dimension of the building at each floor and basement level. The floor area of uses sharing a common wall shall be measured from the center of the common wall and from the outside of exterior walls.
[Added 9-22-1988 by Ord. No. 6-13-88]
HABITABLE ATTIC SPACE
That portion of an attic that has a means of access and egress and in which the ceiling area at a height of five feet or more is greater than 40 % of the floor area below.
[Added 4-12-2010 by Ord. No. 16-04-2010]
HABITABLE FLOOR AREA
The total floor area of those portions of any dwelling unit used as living space, including kitchens, living and dining rooms, baths and bedrooms and hallways but not including cellars, porches or attics, except expansion attics which may be finished to provide additional rooms without structural alterations to roof or exterior walls.
HOME OCCUPATION
Any use conducted entirely within a dwelling, carried on by the occupants thereof, which constitutes either entirely or partly the means of livelihood of a person living in such dwelling, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and in connection with which there is no display or stock-in-trade or commodities sold upon the premises, unless the commodities sold are clearly secondary and identified with the permitted occupation. In addition, there shall be no motor vehicles or equipment or other items used in connection with or upon which any service is performed in connection with such employment or occupation stored or kept in any location on the lot except in an enclosed building. No equipment or process shall be used in such employment or occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, and, in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot. "Home occupations" include but are not limited to millinery, dressmaking, workshop for watchmaking, electrical and radio repair, cabinetmaking or carpentry work and family day-care homes. Automobile service stations and automobile body repair shops shall not be considered "home occupations."
[Amended 7-26-1993 by Ord. No. 8-13-93]
INDUSTRIAL PARK
An area wherein one or more buildings are erected for industrial purposes in relation to one another as a part of an integrated and comprehensive plan, total unit, whether or not the buildings are erected simultaneously or over a period of time.
LANDSCAPED AREAS
Areas containing trees, shrubs and ground covers, pedestrian and recreation areas, ponds, streams or other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, areas paved for parking, loading or access thereto, required buffers or areas utilized for outside storage.
LOADING SPACE
An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.
LOT
An integral parcel or portion of land or contiguous integral parcels or portions of land under the same ownership which are not separate subdivision lots of record. For the purpose of this chapter, continuous undersize lots under one ownership shall be considered one "lot."
LOT AREA
The area contained within the lot lines of a lot, but not including any portion of the lot in use or to be used as a street or street right-of-way.
LOT CIRCLE
A circle, the diameter of which shall be inscribed on each proposed lot in a subdivision tangent to the front yard setback line and located entirely within the building envelope. For lots in a Class I minor subdivision and two-acre lots in a Class II minor subdivision, the lot circle requirement shall not be applicable.
[Added 3-7-2006 by Ord. No. 13-20-2006]
LOT COVERAGE
The area of the lot covered by buildings and paved surfaces, including sidewalks, curbs, parking and loading areas, patios, decks and buildings measured to the exterior of the foundation wall, or to the edge of an overhang where the overhang creates an angle greater than 15° measured from the foundation wall, whether these areas are constructed of concrete, blacktop, compacted stone, brick, block, flagstone, wood or similar material.
[Added 9-22-1988 by Ord. No. 6-13-88]
LOT DEPTH
The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line. For corner lots, lots fronting on a Class II common driveway, and lots abutting lands used or capable of use for a flag stem with fifty-foot frontage, lot depth shall be measured from each lot line fronting on a public street, on a Class II common driveway, and abutting lands used or capable of use for a flag stem with fifty-foot frontage.
[Amended 6-3-2003 by Ord. No. 12-6-2003; 10-1-2015 by Ord. No. 18-11-2015]
A. 
The lot area and bulk requirements of one or more lots in a residential subdivision may be reduced, provided that for every lot which is reduced, another lot is oversized; the average size of all lots is seven acres or more; and there is no increase in the number of lots that would be permitted under a conventional subdivision of the property after taking into account the partial credit allowed for constrained areas. No lot shall be permitted to be less than two acres in size.
B. 
In the event that an applicant for development elects to utilize lot size averaging, all lots shall be permanently deed restricted from and against further subdivision and development in the future, except for either agricultural use, one single-family residential use, or a combination of both.
C. 
Example of permitted "lot size averaging." Assume a minimum lot size of seven acres and a property, the net acreage of which, after taking into account the partial credit allowed for constrained areas, is 70 acres, a presumptive maximum of 10 lots would be permissible. Based on this illustration, a subdivision creating a maximum of 10 lots, consisting of nine new lots and the remaining lands, would be permitted, with no lot less than two acres. Such a subdivision could be configured as one two-acre lot, two three-acre lots, one five-acre lot, one six-acre lot, one eight-acre lot, one nine-acre lot, two ten-acre lots and one twelve-acre lot. Each lot would be required to be permanently deed restricted as set forth in Subsection B above.
[Amended 4-4-2006 by Ord. No. 13-21-2006]
D. 
All provisions of § 132-30F shall apply to all lot size averaging subdivisions.
LOT WIDTH
That portion of a lot extending along a street line. In an odd-shaped or triangular-shaped lot existing of record as of January 31, 1979, the length of the frontage may be determined as the perpendicular distance between side lines at the setback point in the instances where the side line is parallel. In the case where the side lines converge toward or away from the front line, the frontage shall be measured along a line parallel to the front lot line drawn at a distance equal to the required minimum setback. In all instances where an optional method is used, the actual length of the street line shall not be less than 50 feet.
[Amended 6-3-2003 by Ord. No. 12-6-2003]
MAJOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A system of fuel cells, solar or photovoltaic panels and equipment for the production of energy that is not a minor solar or photovoltaic energy facility or structure.
[Added 12-7-2010 by Ord. No. 16-16-2010]
MINOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A fuel cell, solar or photovoltaic panel or system of panels for the production of energy that:
[Added 12-7-2010 by Ord. No. 16-16-2010]
A. 
Uses solar energy as its fuel; is located on the power beneficiary’s premises; is designed and intended primarily to offset part or all of the beneficiary’s requirements for energy consumption on site; and is secondary to the beneficiary’s use of the premises for other lawful purpose(s); or,
B. 
Is intended to mitigate electrical system improvement requirements; and
C. 
Generates not more than 110% of the power consumed by the beneficiary’s premises, which shall be documented through the submission of power company electricity usage bills or another form of documentation acceptable to the Kingwood Township Zoning Officer.
NONCONFORMING LOT
A lot, the area, dimensions or location of 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 the adoption of this chapter or any revision or amendment hereto.
NONCONFORMING STRUCTURE
A structure, the size, dimensions or location of 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 the adoption, revision or amendment of this chapter.
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 the adoption, revision or amendment of this chapter.
PARKING SPACE
An off-street space available for the parking of a motor vehicle, which space in this chapter is held to be an area 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant and giving access thereto. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the "parking space" to the axis, aisle or driveway.
PLANNED COMMERCIAL DEVELOPMENT
An area of minimum contiguous size, specified by this chapter, 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 or other uses incident to the predominate use as may be permitted by this chapter.
PLANNED INDUSTRIAL DEVELOPMENT
An area of minimum contiguous size, as specified by this chapter, 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 predominate use as may be permitted by this chapter.
PORTABLE STORAGE CONTAINER
Any container or other unit, consisting of four sides, a floor and a top, that is designed or used for the purpose of holding, transporting or storing items and/or materials, including but not limited to household goods, wares, building materials or merchandise, on a temporary or permanent basis, or for shipping such items and/or materials, and which can be transported from place to place by truck, train or ship. Notwithstanding the foregoing, all trailers and trucks that are currently registered, tagged and insured for use on public roads and are used by an agricultural, commercial or industrial operation to transport goods, products and materials from one location to another shall be excluded from the definition of "portable storage container."
[Added 9-7-2010 by Ord. No. 16-14-2010]
PROFESSIONAL HOME OFFICE
A professional office conducted entirely within a dwelling or structure occupied as the principal residence of the professional.
PROFESSIONAL OFFICE
The office of a member of a recognized profession, including architects, artists, authors, dentists, doctors or lawyers, ministers, musicians, optometrists, professional engineers, veterinarians and such other similar professional occupations. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
QUALIFYING PLAN
A conceptual plan showing the maximum development attainable for a property through application of a conventional major subdivision approach, i.e., without benefit of lot-size averaging or cluster alternatives, and taking into account the partial credit allowed for constrained areas and the minimum buildable area requirement.
[Added 3-7-2006 by Ord. No. 13-20-2006]
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area calculated and adjusted in accordance with the constrained area calculations set forth in § 132-30F.
[Added 3-7-2006 by Ord. No. 13-20-2006]
RESTAURANT
A commercial establishment where food and drink are prepared, served and consumed on the premises. As used in this chapter, a restaurant shall not include a fast-food restaurant where the food and drink are purchased at a counter and either eaten on the premises, in the purchaser's vehicle or off the premises. Those restaurants where food and drink are consumed only at tables on the premises and served either cafeteria style or by waiters and waitresses shall not be deemed fast-food restaurants.
[Added 9-22-1988 by Ord. No. 6-13-88]
SETBACK LINE
A line running parallel with the street line and being measured from the street line to the existing building or proposed building on the lot, in accordance with the distance requirements of this chapter. In the Byram Colony Zone, for lots abutting the Delaware River, or both the Delaware River and a public street, the setback line is a line running parallel with the line of the Delaware River and being measured from the line of the Delaware River to the existing building or proposed building on the lot, in accordance with the distance requirements of this chapter.
[Amended 7-18-1980 by Ord. No. 4-6-80; 6-3-2003 by Ord. No. 12-6-2003]
SHOPPING CENTER
Four or more retail establishments with a combined total gross floor area of 25,000 square feet or more built on one tract that is planned and developed as an operating unit; it provides on-site parking in definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.
[Added 7-26-1993 by Ord. No. 8-13-93]
SIGHT ASSISTANCE AREA
A required open space unoccupied and unobstructed by any structure or portion of a structure, any growth or vegetation, except low-growing vegetation, and providing an area of clear view for a vehicle or vehicles leaving the driveway of a private property and entering a public road for the purposes of assisting in viewing traffic on the public road. The sight assistance area shall be maintained by the property owner, and the Township may bring an action to enforce its maintenance.
SITE PLAN
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; 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 and screening devices; and any other information that may be reasonably required by the Planning Board or that is required by Article VII of this chapter in order to make an informed determination pursuant to this chapter.
SMALL WIND ENERGY SYSTEM
A wind energy conversion system, consisting of a wind turbine, a tower, and associated control or conversion electronics, that is used to generate electricity and has a nameplate capacity of 100 kilowatts or less.
[Added 8-4-2011 by Ord. No. 16-20-2011; amended3-1-2012 by Ord. No. 17-02-2012]
STEEP SLOPE
An area of land where the slope exceeds 25%.
[Added 3-7-2006 by Ord. No. 13-20-2006]
STORAGE TRAILER
Any trailer which is not a utility trailer. This definition includes, by way of example and not by way of limitation, cargo vans, box trailers, flat trailers and tank trailers.
[Added 6-21-1999 by Ord. No. 10-9-99]
STREET LINE
The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, which line forms the dividing line between the street and a lot.
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.
[Added 7-26-1993 by Ord. No. 8-13-93]
TRAILER
Any vehicular portable structure, including storage trailers and utility trailers, built on a chassis designed for towing, to be towed and/or motorized self-propulsion whose primary use is as a temporary dwelling for travel, recreation, vacation and other short term uses and which may contain cooking, sleeping and sanitary facilities or is for the storage and transportation of goods or equipment.
[Amended 6-21-1999 by Ord. No. 10-9-99]
UNCONSTRAINED LAND
Those portions of a lot, tract, or parcel of land, which are not encumbered by, used for, or otherwise dedicated to the following: areas of existing road and transmission rights-of-way and proposed new roads within the tract, areas of easements or rights-of-way required for widening of existing roads abutting the tract boundaries; areas of all existing easements and restrictive covenants; natural resource limitation areas including floodplains, wetlands, NJDEP-required wetlands transition areas, areas deemed by NJDEP to be unavailable for development due to the presence of special water resource protection areas for C-1 waters, streams, required stream buffer conservation areas, land under water and areas of slopes 20% or greater.
[Added 4-25-2011 by Ord. No. 16-13-2011; amended 7-5-2012 by Ord. No. 17-12-2012]
UTILITY TRAILER
Any trailer which is utilized to transport produce, livestock, farm equipment, boats, motorcycles, racing cars, antique cars, snowmobiles, jet skis and other agricultural products or equipment or recreational equipment.
[Added 6-21-1999 by Ord. No. 10-9-99]
YARD
A required open space, unoccupied and unobstructed by any structure or portion of a structure from 12 inches above the general ground level of the graded lot upwards, except as otherwise permitted by this chapter; provided, however, that fences, walls, poles, posts and other customary lawn accessories, ornaments and furniture may be permitted in any yard subject to the provisions of this chapter governing height and those requirements limiting obstruction of visibility.
YARD, FRONT
A yard extending between side lot lines across the front of a lot adjoining a street. In the Byram Colony Zone, for lots abutting the Delaware River, or both the Delaware River and a public street, the front yard is a yard extending between side lot lines across the front of the lot abutting the Delaware River. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines, or, in the Byram Colony Zone, horizontally and at right angles to the line of the Delaware River. The minimum front yard requirements shall be the same as required in this chapter. For corner lots, lots fronting on a Class II common driveway and lots abutting lands used or capable of use for a flag stem with fifty-foot frontage, the front yard setback shall be measured from each lot line fronting on a public street, on a Class II common driveway, and abutting lands used or capable of use for a flag stem with fifty-foot frontage.
[Amended 7-18-1980 by Ord. No. 4-6-80; 6-3-2003 by Ord. No. 12-6-2003; 10-1-2015 by Ord. No. 18-11-2015]
YARD, REAR
A yard extending between the side lot lines across the whole width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. In the Byram Colony Zone, for those properties abutting the Delaware River, or both the Delaware River and a public street, the front yard is the area between the Delaware River and the principal building on the lot and the rear yard is the yard behind the front yard and the principal building on the lot.
[Amended 6-3-2003 by Ord. No. 12-6-2003]
YARD, SIDE
A yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.
[1]
Editor's Note: The former definition of "cluster residential development," as amended 4-4-2006 by Ord. No. 13-21-2006, which immediately followed this definition, was repealed 4-4-2006 by Ord. No. 13-21-2006.
[2]
Editor's Note: This ordinance also repealed the former definitions of community residence for the developmentally disabled and community shelter for the victims of domestic violence, both added 7-26-1993 by Ord.. No. 8-13-93.
The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes greater restrictions than are imposed or required by other provisions of law or by other rules or regulations, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed or required by this chapter, provisions of such other laws, rules, regulations or restrictions shall control.
[Amended 9-22-1988 by Ord. No. 6-13-88; 7-26-1993 by Ord. No. 8-13-93; 6-21-1999 by Ord. No. 10-9-99; 8-4-2009 by Ord. No. 15-06-2009]
All uses not expressly permitted in this chapter are prohibited. In addition, without limiting the foregoing language, uses not specifically permitted as principal, accessory, or conditional uses under § 132-30 of this chapter (which, if permitted, are subject to all requirements contained in § 132-30) are not permitted in the AR-2, Agricultural and Single-Family Residential District. Further, uses not specifically permitted as principal, accessory or conditional uses under § 132-31 of this chapter (which, if permitted, are subject to all requirements contained in § 132-31) are not permitted in the VR-1, Village Residential District. Finally, uses not specifically permitted as principal, accessory or conditional uses under § 132-32 of this chapter (which, if permitted, are subject to all requirements contained in § 132-32) are not permitted in the VR-2, Village Residential District. By way of example but not limitation, the following uses are expressly prohibited in any zone in the Township:
A. 
Sanitary landfills and related solid waste handling facilities, but not including municipally sponsored recycling facilities.
B. 
Quarrying, mining and strip mining operations.
C. 
Refineries and transmission pipelines.
D. 
Any use which, as one of its principal activities, is primarily engaged in the mixing, blending, distillation, distribution or any other production, manufacturing or processing of chemical, corrosive, toxic and/or hazardous materials.
E. 
Kennels for the breeding and/or boarding of dogs, except those licensed pursuant to § 57-9.
[Amended 4-4-2019 by Ord. No. 20-09-2019]
F. 
Automobile body repair shops not in existence as of February 8, 1993.
G. 
Landscape contractors and construction contractors not in existence as of June 21, 1999, except as specifically permitted in the Business Park Zone as a conditional use.
H. 
Drilling for natural gas, using the drilling technique of hydraulic fracturing and exploring for natural gas beyond the reconnaissance phase.
[Added 6-2-2016 by Ord. No. 18-07-2016]
All requirements set forth in this chapter shall be met at the time of the erection, enlargement, alteration, moving or change in use of the principal use or any lot or structure and shall apply to the entire lot, structure or structures, whether or not the entire lot, structure or structures were involved in the erection, alterations, enlargement, moving or change in use.
A. 
Except as otherwise provided in this chapter, it shall be unlawful to locate, relocate, erect, construct, reconstruct, enlarge or structurally alter any structure except in conformity with the regulations of the district in which such structure is located.
B. 
Except as otherwise provided in this chapter, it shall be unlawful to use any land or structure for any purpose other than that which is permitted in the district in which such land or structure is located.
Nothing in this chapter shall be construed to require any change in the plans, construction, size or designated use of any structure, or part thereof, for which any building permit has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within 60 days of the enactment of this chapter and shall be diligently pursued to completion.
In any district, more than one permitted principal use may be conducted on a single lot, and more than one structure housing a permitted principal use or permitted principal uses may be erected on a single lot, provided that all other requirements of this chapter shall be met for such structure as though it were on an individual lot, and provided further that in no case shall there be more than one single-family dwelling on any one subdivision lot of record.
[Amended 6-21-1999 by Ord. No. 10-9-99]
A. 
Mobile homes, vacation trailers, campers or trailers of any kind or type shall not be permitted to provide residency to persons or animals in any zoning district.
B. 
Utility trailers, mobile homes, vacation trailers and campers may be stored outdoors in the AR-2 Zone only when such storage is confined to the rear or side yards of the lot. Utility trailers may be stored outdoors in any zoning district other than the AR-2 Zone only if such trailer is used in conjunction with the business conducted at that location and only when such storage is confined to the rear or side yards of the lot. Construction trailers may be stored outdoors in any zoning district only if such trailer is used in conjunction with a landscape contracting or construction contracting business validly and lawfully conducted at that location and only when such storage is confined to the rear or side yards of the lot.
C. 
Except as expressly provided in § 132-11B above, no person shall leave or maintain any trailer in any zone or use any trailer or vehicle to provide storage for any materials, equipment or goods in any zoning district.
[Amended 12-20-1999 by Ord. No. 10-18-99]
D. 
Cargo containers.
(1) 
Except as otherwise provided below, no cargo container shall be permitted in any zoning district. Notwithstanding the foregoing prohibition, cargo containers situated on lots in the AR-2 Zone and utilized for the storage of agricultural supplies or equipment as of the date of adoption of this amendment may continue to be used for such purpose provided that the owner thereof complies with each and every condition set forth below:
(a) 
The owner of the property must register the existence of the cargo containers with the Zoning Officer within 90 days of the date of adoption of this amendment. Thereafter, any unregistered cargo container is not permitted;
(b) 
At the time of registration, the owner must pay a onetime license fee of $25;
(c) 
The cargo container is located on a lot which is 10 acres or more in size;
(d) 
No more than one cargo container may be maintained in such use on any one lot;
(e) 
The cargo container will be subject to a mandatory inspection by the Zoning Officer and/or Code Enforcement Official not less than every two years and not more frequently than annually for purposes of evaluating the integrity, condition and safety of the cargo container;
(f) 
The cargo container must be maintained in sound, safe and attractive condition, including but not limited to painting the exterior of the cargo container and maintaining such paint in good condition and repair;
(g) 
The cargo container is utilized only for the storage of agricultural supplies or equipment and is not used for the storage or quartering of livestock or agricultural produce or the storage of any other materials, equipment or property of any kind;
(h) 
The cargo container, upon being registered and the permit issued, shall thereafter be subject to assessment and taxation. The owner, and tenant, if any, of the property upon which any such cargo container must, at the time of registration as provided below, agree to irrevocably waive, as consideration for the issuance of a permit for the maintenance of the cargo container, any right to contest the taxation of the cargo container and any right to seek a reduction in property taxes by reason of the presence of such cargo container;
(i) 
The cargo container must be located in the side or rear yard of the lot and may not be located in the front yard of the lot; and
(j) 
The cargo container must be removed when the lot on which any such cargo container is located is subdivided or ownership thereof is transferred in any manner whatsoever.
(2) 
Provided that the foregoing conditions are met at the time of registration, the Zoning Officer shall conduct an inspection of the cargo container for which registration is sought and, upon verification that the cargo container complies with each of the foregoing conditions, the owner thereof shall be issued a permit for the use of that cargo container. Whenever in the judgment of the Zoning Officer or Code Enforcement Official any cargo container for which a permit is obtained pursuant to this subsection has become unsafe or fails to comply with any of the conditions set forth above, the Zoning Officer shall issue a notice to the owner of said cargo container providing said owner with 30 days to remediate the condition. If at the end of 30 days the owner of said cargo container has failed to remediate that condition, then the Zoning Officer shall revoke the permit and the owner of the cargo container shall thereafter be required to immediately remove said cargo container from the property within 14 days. Whenever a cargo container is damaged or destroyed to the extent of 50% or more, then the use of said cargo container shall immediately be ceased and said damaged or destroyed cargo container shall be removed by the owner thereof from the property within 30 days of such occurrence.
E. 
Portable storage containers. The use and placement of portable storage containers within Kingwood Township shall be governed by the following requirements:
[Added 9-7-2010 by Ord. No. 16-14-2010]
(1) 
Residential zoning districts.
(a) 
Provided that appropriate permits are obtained, and the conditions as set forth below in Subsection E(1)(b) are met, one portable storage container shall be allowed on a lot located within a residential zoning district for a period not longer than 30 days per year unless approved by the Construction Official or his designee as being incident to an active building permit issued by the Township for the lot in question. Use of a portable storage container that is determined by the Construction Official or his designee as being incident to an active building permit issued by the Township for the lot in question shall not exceed 90 days.
(b) 
Portable storage containers permitted pursuant to Subsection E(1)(a) above shall be subject to the following restrictions:
[1] 
No portable storage container shall exceed 20 feet in length, eight feet in height or 8 1/2 feet in width.
[2] 
The portable storage container shall conform to all setback requirements.
[3] 
No flammable, combustible, toxic or hazardous substances or wastes, as defined by applicable state and federal law, shall be stored in the portable storage container.
[4] 
The portable storage container shall have the name, address and telephone number of the owner prominently displayed.
[5] 
Portable storage containers shall not be stood on end.
[6] 
The portable storage container shall not be used for living quarters for humans or animals or as a workspace and shall not be fitted or provided with electricity, heat, air conditioning, plumbing or refrigeration.
[7] 
The portable storage container may not be placed in a flood hazard area.
[8] 
When not in active use, the portable storage container shall be locked.
[9] 
The portable storage container shall be secured by tie downs on each end to prevent it from tipping or blowing over.
[10] 
Prior to the use and/or delivery of a portable storage container to a residential lot in the Township, a permit shall be obtained from the Kingwood Township building official. The applicant for a permit for a portable storage container shall submit a plot plan and sketch, or survey, showing the location of all structures on the property and the proposed location of the temporary storage container. The application fee for a thirty-day permit shall be $25 and for a ninety-day permit shall be $75.
(2) 
Agricultural properties.
(a) 
Provided that appropriate permits are obtained, and the conditions as set forth below in Subsection E(2)(b) are met, one portable storage container shall be allowed on such lot for an unlimited duration and so long as such portable storage container is actively devoted to an agricultural or horticultural use.
(b) 
Portable storage containers permitted pursuant to Subsection E(2)(a) above shall be subject to the following restrictions:
[1] 
No portable storage container shall exceed 40 feet in length, eight feet in height or 8 1/2 feet in width.
[2] 
The portable storage container shall not be placed in the front yard and shall conform to all setback requirements.
[3] 
No flammable, combustible, toxic or hazardous substances or wastes, as defined by applicable state and federal law, shall be stored in the portable storage container.
[4] 
The portable storage container shall have the name, address and telephone number of the owner prominently displayed.
[5] 
Portable storage containers shall not be stood on end.
[6] 
The portable storage container shall not be used for living quarters for humans or animals or as a workspace and shall not be fitted or provided with electricity, heat, air conditioning, plumbing or refrigeration.
[7] 
The portable storage container may not be placed in a flood hazard area.
[8] 
The portable storage container shall be a uniform color which shall be either white or a neutral earth tone.
[9] 
When not in active use, the portable storage container shall be locked.
[10] 
The portable storage container shall be secured by tie downs on each end to prevent it from tipping or blowing over.
[11] 
Prior to the use and/or delivery of a portable storage container to a lot in the Township for agricultural use, a permit shall be obtained from the Kingwood Township building official. The applicant for a permit for a portable storage container shall submit a plot plan and sketch, or survey, showing the location of all structures on the property and the proposed location of the temporary storage container. The application fee for an agricultural permit shall be $75.
[Amended 9-22-1988 by Ord. No. 6-13-88]
A. 
Site plan review pursuant to Article VII of this chapter is required for all uses and developments in all districts except:
(1) 
The construction of single-family dwellings on lots created as a result of minor subdivisions.
(2) 
Permitted uses in the Floodplain Zone which do not involve the erection of structures.
(3) 
Farm structures and uses not involving the erection of structures or a combination of structures the total area of which exceeds 5,000 square feet.
[Amended 7-26-1993 by Ord. No. 8-13-93]
B. 
The exceptions given above do not apply to greenhouse structures.
[Added 7-26-1993 by Ord. No. 8-13-93]
[Added 2-3-2004 by Ord. No. 12-2-2004; amended 3-4-2008 by Ord. No. 15-7-2008; 7-1-2008 by Ord. No. 15-14-2008; 11-3-2008 by Ord. No. 15-24-2008; 12-2-2008 by Ord. No. 15-26-2008]
A. 
Purpose.
(1) 
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-30I et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
(2) 
Pursuant to P.L. 2008, c. 46, § 8 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH was authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Court and have a Court-approved spending plan may retain fees collected from nonresidential development.
[Amended 12-28-2018 by Ord. No. 19-22-2018]
(3) 
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to the Court's approval in accordance with P.L. 2008, c. 46, §§ 8 and 32 through 38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing.
[Amended 12-28-2018 by Ord. No. 19-22-2018]
B. 
Basic requirements.
[Amended 12-28-2018 by Ord. No. 19-22-2018]
(1) 
This section shall not be effective until approved by the Court.
(2) 
Kingwood Township shall not spend development fees until the Court has approved a plan for spending such fees.
C. 
Definitions. The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
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 FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with §§ 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
D. 
Residential development fees.
(1) 
Imposed fees.
(a) 
Within the Kingwood Township district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided that no increased density is permitted.
(b) 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers shall be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application. Projects including affordable housing shall not be required to pay a development fee, provided that there is no shortfall in the number of affordable units required in accordance with COAH's residential growth share formula found at N.J.A.C. 5:97-1 et seq.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units and 6% of the equalized assessed value for the two additional units, provided that zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
(2) 
Eligible exactions, ineligible exactions and exemptions for residential development.
(a) 
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(b) 
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
(c) 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement, and only when the increase in equalized assessed valuation resulting from the change is 50% or greater than equalized assessed valuation prior to the change, replacement, or expansion. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
(d) 
Developers of residential structures demolished and replaced as a result of a natural disaster, act of God, or fire shall be exempt from paying a development fee, subject to Subsection D(2)(c) above.
E. 
Nonresidential development fees.
(1) 
Imposed fees.
(a) 
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements for all new nonresidential construction on an unimproved lot or lots.
(b) 
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structure's to be used for nonresidential purposes.
(c) 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time the final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
(2) 
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
(a) 
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee of 2.5%, unless otherwise exempted below.
(b) 
The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
(c) 
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF, "State of New Jersey Nonresidential Development Certification/Exemption" form. Any exemption claimed by a developer shall be substantiated by that developer.
(d) 
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46, shall be subject to it at such time the basis for the exemption no longer applies and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
(e) 
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by Kingwood Township as a lien against the real property of the owner.
F. 
Collection procedures.
(1) 
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit.
(2) 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Nonresidential Development Certification/Exemption," to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
(3) 
Fifty percent of the development fee shall be collected prior to the time of issuance of the building permit. The remaining portion shall be collected prior to the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated prior to the issuance of the building permit and that determined prior to the issuance of the certificate of occupancy.
(4) 
The Construction Official responsible for the issuance of a building permit shall not issue a building permit for development unless 1/2 of the estimated development fee has been paid in accordance with Subsection F(3) above.
(5) 
Within 21 days of receipt of notification of a request for a building permit, which shall be provided by the Construction Official to the Municipal Tax Assessor, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development and the development fee to be paid.
(6) 
Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value and development fee for the improvements of the development; calculate the final development fee to be paid; and thereafter notify the developer of the amount of the fee.
(7) 
Should Kingwood Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of § 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
(8) 
In the event that a building permit has issued and the required 50% of the development fee has not been paid, no construction inspections shall be provided until such time as the required fee has been paid.
(9) 
Appeal of development fees.
(a) 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by Kingwood Township. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b) 
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by Kingwood Township. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
G. 
Affordable Housing Trust Fund.
(1) 
The municipality has established a separate, interest-bearing housing trust fund that is maintained by the Kingwood Township Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
(2) 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(a) 
Payments in lieu of on-site construction of affordable units;
(b) 
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units; and
(g) 
Any other funds collected in connection with Kingwood Township's affordable housing program.
(3) 
In the event of a failure by the Township of Kingwood to comply with trust fund monitoring and reporting requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of the judgment of compliance or a revocation of the judgment of compliance; or a failure to implement the approved spending plan and to expend funds within the applicable required time period as set forth in re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J. Super. 563); or the expenditure of funds on activities not approved by the Court; or for other good cause demonstrating the unapproved use(s) of funds, the Court may authorize the State of New Jersey, Department of Community Affairs, Division of Local Government Services (LGS), to direct the manner in which the funds in the Affordable Housing Trust Fund shall be expended, provided that all such funds shall, to the extent practicable, be utilized for affordable housing programs within the Township of Kingwood or, if not practicable, then within the County or the Housing Region. Any party may bring a motion before the Superior Court presenting evidence of such condition(s), and the Court may, after considering the evidence and providing the municipality a reasonable opportunity to respond and/or to remedy the non-compliant condition(s), and upon a finding of continuing and deliberate non-compliance, determine to authorize LGS to direct the expenditure of funds in the Trust Fund. The Court may also impose such other remedies as may be reasonable and appropriate to the circumstances.
[Amended 4-5-2018 by Ord. No. 19-09-2018]
(4) 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by the Court.
[Amended 12-28-2018 by Ord. No. 19-22-2018]
H. 
Use of funds.
(1) 
The expenditure of all funds shall conform to a spending plan approved by the Court. Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by the Court to address the Township of Kingwood's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market-to-affordable program; Regional Housing Partnership programs; conversion of existing nonresidential buildings to create new affordable units; green building strategies designed to be cost saving and in accordance with accepted national or state standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by the Court and specified in the approved spending plan.
[Amended 4-5-2018 by Ord. No. 19-09-2018]
(2) 
Funds shall not be expended to reimburse Kingwood Township for past housing activities.
(3) 
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the Municipal Far Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
(a) 
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
(b) 
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the Municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The use of development fees in this manner shall entitle Kingwood Township to bonus credits pursuant to N.J.A.C. 5:97-3.7.
(c) 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(4) 
Kingwood Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
(5) 
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or appealing he Court's rulings are not eligible uses of the Affordable Housing Trust Fund.
[Amended 12-28-2018 by Ord. No. 19-22-2018]
I. 
Monitoring. The Township of Kingwood shall provide annual reporting of Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs, Council on Affordable Housing, or Local Government Services, or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs, Council on Affordable Housing, or Local Government Services. The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and nonresidential developers, payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the Township), funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income from Township-owned affordable housing units, repayments from affordable housing program loans, and any other funds collected in connection with Kingwood's affordable housing programs, as well as an accounting of the expenditures of revenues and implementation of the spending plan approved by the Court.
[Amended 4-5-2018 by Ord. No. 19-09-2018]
J. 
Ongoing collection of fees.
[Amended 4-5-2018 by Ord. No. 19-09-2018]
(1) 
The ability for the Township of Kingwood to impose, collect and expend development fees shall expire with the expiration of the repose period covered by its judgment of compliance unless the Township of Kingwood has first filed an adopted Housing Element and Fair Share Plan with the Court or with a designated state administrative agency, has petitioned for a judgment of compliance from the Court or for substantive certification or its equivalent from a state administrative agency authorized to approve and administer municipal affordable housing compliance and has received approval of its development fee ordinance from the entity that will be reviewing and approving the Housing Element and Fair Share Plan.
(2) 
If the Township of Kingwood fails to renew its ability to impose and collect development fees prior to the expiration of its judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund, established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).
(3) 
The Township of Kingwood shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance, nor shall the Township of Kingwood retroactively impose a development fee on such a development unless the Township of Kingwood has fulfilled the requirements for the ongoing collection of fees identified in § 132-13J(1) above. The Township of Kingwood also shall not expend any of its collected development fees after the expiration of its judgment of compliance unless the Township of Kingwood has fulfilled the requirements for the ongoing collection of fees identified in § 132-13J(1) above.