Township of Kingwood, NJ
Hunterdon County
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Table of Contents
Table of Contents
[Amended 9-22-1988 by Ord. No. 6-13-88; 7-26-1993 by Ord. No. 8-13-93; 4-5-2018 by Ord. No. 19-08-2018]
For the purpose of this chapter, the Township of Kingwood is divided into nine zoning districts, which shall be known and designated as:
AR-2
Agricultural and Single-Family Residential
VR-1
Village Residential
VR-2
Village Residential
VC-1
Village Commercial
VC-2
Village Commercial
BP
Business Park
HC
Highway Commercial
PO/R
Professional Office/Residential
FP
Floodplain
EGVCO
Eastern Gateway Village Center Overlay
SCO
Scenic Corridor Overlay
Mixed-Use Core AH Overlay
Commercial and Artisan AH Overlay
[Amended 9-22-1988 by Ord. No. 6-13-88; 7-26-1993 by Ord. No. 8-13-93]
The boundaries of each of these districts, except the FP Floodplain District, are hereby established as shown on a map entitled "Zoning Map of the Township of Kingwood," dated June 1993, which accompanies this chapter and is hereby made a part of this chapter.[1] The boundaries of the FP Floodplain District shall be those delineated as the "floodplain" following public hearings by the Water Policy and Supply Council in the Division of Water Resources in the Department of Environmental Protection of the State of New Jersey for areas adjacent to those streams for which the Water Policy and Supply Council has done studies. Information concerning these delineations is on file in the offices of the Division of Water Resources of the State of New Jersey and the office of the Township Clerk. For those areas adjacent to streams for which floodways have not been delineated by the Water Policy and Supply Council, the boundaries of the FP Floodplain District must be determined on a case-by-case basis from the water surface profiles which are to be supplied by an applicant in his application for development before either the Planning Board or Zoning Board of Adjustment as set forth in Article VIII of this chapter.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
A. 
The boundary lines of the zoning districts are intended to follow street center lines, railroad rights-of-way, the center lines of streams and lot or property lines as they exist at the time of the enactment of this chapter unless otherwise indicated by dimensions and zoning district boundary lines on said Zoning Map.
[Amended 7-26-1993 by Ord. No. 8-13-93]
B. 
Whenever an uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the map, the exact location of the zone boundary line shall be decided by the Zoning Officer, which decision may be appealed to the Zoning Board of Adjustment.
Where a zoning district boundary line divides a lot other than by following a stream or street, any use permitted in either district may be extended not more than 20 feet into the adjacent district. A use permitted in the zoning district so extended shall thereafter be a permitted use in the extended area. A zone district line, however, shall be altered only once by utilizing this section of the chapter, after which the lot use shall be covered by the regulations of the zoning district in which it was located after the zoning district boundary line adjustment.
Where a vacated street is bounded on either side by a different zoning district, the former center line of the vacated right-of-way shall be considered the zoning district boundary line.
[Added 12-28-2018 by Ord. No. 19-23-2018]
A. 
Purpose. An Affordable Accessory Apartment Ordinance is hereby enacted for the purpose of providing additional opportunities for low-income housing in Kingwood Township.
B. 
Definition. As used in this section, the following terms shall have the meanings indicated:
AFFORDABLE ACCESSORY APARTMENT
Is a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low-or a moderate-income household. The affordable accessory apartment may be created within an existing dwelling unit, may be created within an existing structure on the lot or be an addition to an existing home or accessory building.
C. 
All affordable accessory apartment units shall conform to the following requirements:
(1) 
The bulk requirements of the zone in which the affordable accessory apartment is created shall be met;
(2) 
Affordable accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes;
(3) 
The affordable accessory apartment shall be rented only to a household which is a duly qualified low-income household at the time of initial occupancy of the unit;
(4) 
The affordable accessory apartment shall, for a period of at least 10 years from the date of the issuance of a certificate of occupancy, be rented only to a low-income household;
(5) 
Rents of affordable accessory apartments shall be affordable to low-income households as established in accordance with § 83-12.6D(1) after deducting the applicable utility allowance;
(6) 
Affordable accessory apartments shall be used to address Kingwood Township's third-round fair share obligation, and affordable accessory apartments shall not be created, rented or occupied except in accordance with the provisions for affordable housing (Chapter 83);
(7) 
There shall be a recorded deed restriction applied to the property upon which the affordable accessory apartment is located, running with the land and limiting its subsequent rental or sale within the requirements of Subsection C(3), (4) and (5) above and restricting occupancy of the affordable accessory apartment to low-income households for a period of not less than 10 years from the date of initial occupancy of the affordable accessory apartment by a qualified low-income household;
(8) 
Each affordable accessory apartment shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom. The affordable accessory apartment shall contain not less than 550 square feet in area, not including breezeways, closets, storage areas and unheated space. If the affordable accessory apartment is created as accessory to another dwelling unit, at least one of the dwelling units shall be not less than 850 square feet;
(9) 
The affordable accessory apartment shall have a separate door with direct access to the outdoors;
(10) 
The potable water supply and sewage disposal system for the affordable accessory apartment shall be adequate; and
(11) 
The affordable accessory apartment shall be affirmatively marketed throughout the housing region, and occupancy shall be limited to an income-qualified low-income household.
D. 
In the case of an accessory apartment that has been created illegally or without proper permits which the property owner desires to legitimize as an affordable accessory apartment under this article, all of the requirements of this article and Chapter 83 shall apply, except that no subsidy need be provided by the municipality.
(1) 
The conversion of an illegal apartment to an affordable accessory apartment under this section shall conform to Subsection C(3), (4), (5) and (7) above and all other requirements of this article and Chapter 83. After a period of not less than 10 years as a deed-restricted affordable low-income affordable accessory apartment, the apartment may be retained as a market-rate accessory apartment according to the provisions of Ordinance 18-13-93 for temporary accessory apartments.
E. 
Creation of affordable accessory apartments; limitations.
(1) 
Affordable accessory apartments can only be created in one of the following two ways:
(a) 
New construction of, or conversion of existing space in a principal or accessory building to, an affordable accessory apartment.
(b) 
The conversion of illegally created accessory apartments.
(2) 
Upon creation of two municipally subsidized affordable accessory apartments, the Township shall determine the necessity of funding additional affordable accessory apartments based on how many illegal accessory apartments have been converted to affordable accessory apartments.
F. 
Administration of affordable accessory apartment program. The Township of Kingwood shall designate its affordable housing administrator to administer the affordable accessory apartment program.
(1) 
The Affordable Housing Administrator shall administer the affordable accessory apartment program, including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports and affirmatively marketing the affordable accessory apartments.
(2) 
The Affordable Housing Administrator shall only deny an application for an affordable accessory apartment if the project is not in conformance with the requirements of this article and Chapter 83. All denials shall be in writing with the reasons clearly stated.
(3) 
Kingwood Township shall provide, except for conversion of illegal accessory apartments, at least $10,000 to subsidize the creation of an affordable accessory apartment that conforms to the requirements of this section and Chapter 83 requirements. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with Kingwood Township insuring that the subsidy shall be used to create the affordable accessory apartment and the apartment shall meet the requirements of this article and the affordable housing regulations set forth in Chapter 83.
G. 
Applications. Applicants for the creation of an affordable accessory apartment shall submit to the Zoning Officer and Affordable Housing Administrator:
(1) 
A sketch of floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building or in another structure;
(2) 
Rough elevations showing the modification of any exterior building facade to which changes are proposed; and
(3) 
A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition, if any, along with the minimum building setback lines; the required parking spaces for both dwelling units and any man-made conditions which might affect construction.
(4) 
Evidence of adequate potable water and wastewater disposal for all uses on the property, including the affordable accessory apartment. The applicant shall be required to submit evidence that the septic system has been satisfactorily tested and designed, which may take the form of an approval from the Hunterdon County Health Department certifying as to the adequacy of the water supply and sewage disposal systems for all uses on the property.
(5) 
Upon the Zoning Officer's confirmation that the application satisfies all of the provisions of this Subsection G, the Zoning Officer shall issue a permit conditioned on the administrative agent's further review of the application for compliance with all other applicable requirements for affordable accessory apartments, including the filing of the deed restriction and compliance with the affirmative marketing, tenant income qualification and leasing of the unit.