A.
Purpose. The AR-2 District has been established in recognition of the rural characteristics and the combination of soil types, geology and topography throughout the Township. Relatively large residential lots are required in this zone in response to the severe limitations of the land to adequately drain and filter septic effluent; the lack of public water and sewer systems with no plan to provide them; a narrow rural road system, including weight-restricted bridges which limit traffic volume, access and a convenient circulation system; and the desire to preserve agricultural activities and woodlands.
B.
Principal permitted uses. A building may be erected, altered or used and a lot or premises may be occupied and used for any of the following purposes:
(1)
Farms and agriculture.
(2)
Detached single-family dwelling units.
(3)
Public playgrounds, conservation areas, parks and public purpose uses.
(4)
Churches and cemeteries.
(5)
Golf courses.
(6)
Firehouses, rescue squad facilities and government buildings.
(8)
The foregoing standards shall not be applicable if the subject lot(s) are located within the Route 12 Scenic Corridor Overlay (SCO) Zone as provided for in § 132-41 of the Zoning Ordinance. If the subject lot is located within the SCO Zone, the provisions of the SCO Zone shall apply and supersede any and all requirements of the underlying district. To determine whether the provisions of the SCO Zone apply and/or whether the subject lot(s) are located within the SCO Zone, refer to the Zoning Map included as Attachment 5 to this Chapter and available for inspection at the Township offices.
[Added 3-2-2023 by Ord. No. 5-2023]
C.
Accessory uses permitted. Accessory uses and structures to any of the above permitted principal uses are permitted as follows:
(2)
Accessory and temporary residences at a farm, provided that the housing is for farm workers actually on the farm and meets all state, county and Township rules and regulations. If a building containing such dwelling quarters is located so that it can be subdivided and sold separately from the main building, its location shall be such that it can be subdivided so as to conform to all provisions for street frontage, lot area and dimensions and well and septic requirements, and the building shall meet all setback requirements for a principal building.
(3)
Buildings for tools and equipment used for maintenance of the grounds. Such building shall not exceed 12 feet in height.
(4)
Travel trailers, vacation trailers and campers may be parked or stored on the lot only in rear and side yards. They shall not be used for temporary or permanent living quarters.
(5)
Private garages.[3]
[3]
Editor's Note: Former Subsection C(6), regarding tenant houses for employees or guests, which immediately followed this subsection, was repealed 8-1-2013 by Ord. No. 17-17-2013. This ordinance also renumbered former Subsection C(7) through (10) as Subsection C(6) through (9), respectively. See now Subsection D(9) for tenant houses.
(6)
The keeping of horses or ponies for the use and pleasure of the occupant of a residential lot of at least two acres in the AR-2 District is permitted, provided that the buildings or structures related thereto and manure pile meet the minimum setback for accessory buildings or are located so as to be at least 150 feet from the residence on the adjacent lot, whichever is greater.
[Amended 9-20-1993 by Ord. No. 8-16-93]
(7)
For lots with an area of six acres or more, farm markets shall be a permitted accessory use, subject to the following conditions:
[Added 7-17-2000 by Ord. No. 11-7-2000]
(a)
The size of the building, structure or enclosure and outdoor sales area, exclusive of the parking area, of the farm market, shall not exceed 5,000 square feet, and all construction shall comply with the Uniform Construction Code;
(b)
Farm produce and farm-related goods may be sold at the farm market; provided, however, that at least 51% of the annual gross sales, on a dollar basis, of the farm market are generated from or attributable to sales of farm produce grown on the premises or another farm in Kingwood Township;
(c)
If any farm produce is packaged with materials that do not qualify as farm produce and the combination is then sold as a single unit, then the sale of such unit shall be considered to be a sale of farm produce for purposes of Subsection C(7)(b) above if the value of the farm produce incorporated into such unit is equal to or greater than 25% of the value of the unit;
(d)
The farm market provides a parking area with parking spaces as follows: A minimum of five parking spaces, plus one additional parking space for every 500 square feet of floor space in the farm market in excess of 2,500 square feet, but not to exceed 12 parking spaces;
(e)
The owner (or tenant with landlord's written approval) shall submit to the Planning Board a minor site plan application for the location and conduct of a farm market accessory business, together with all requisite submissions as specifically required by these development regulations for the approval of such use;
(f)
The operation and/or management and sole responsibility for the farm market shall be limited to the farm owner or a tenant farmer with a written valid lease; and by applying for and accepting the benefits or approval, the owner/tenant agree to provide written documentation of their compliance with all sales requirements set forth herein as requested by the Township, but not more frequently than once per year.
(g)
All operations and business of the farm market shall be limited to daylight hours. High-intensity lights are prohibited; normal residential or security lighting shall be permitted.
(8)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and in accordance with the provisions of § 132-61A(6).
[Added 12-7-2010 by Ord. No. 16-16-2010; amended 4-25-2011 by Ord. No. 16-13-2011; 7-5-2012 by Ord. No. 17-12-2012]
D.
Conditional uses. The following uses are permitted subject to the approval of the Planning Board as conditional uses according to the standards set forth in Article VI and in accordance with the general provisions set forth in Article IV:
(1)
Lot-size averaging, major subdivisions.
[Amended 6-17-1996 by Ord. No. 9-11-1996]
(2)
Private residential airstrips.
(3)
Home occupations.
(4)
Barn conversions.
(5)
Wholesale greenhouses.
(7)
Elder cottage housing opportunity unit (ECHO unit). (See § 132-102O for conditions.)[5]
[Added 7-16-2001 by Ord. No. 11-4-2001]
[5]
Editor's Note: Former Subsection D(7), Community residences for the developmentally disabled, was repealed 10-7-2003 by Ord. No. 12-10-2003. This ordinance also provided for the redesignation of former Subsection D(8) as Subsection D(7).
E.
Maximum building height. No building shall exceed 35 feet in height nor 2 1/2 stories, except that churches and barns shall not exceed 55 feet, and for any existing or proposed elevated building, as defined in § 132-37, FP Floodplain District, the height shall be measured from the flood hazard elevation at the building location.
[Amended 9-5-2006 by Ord. No. 13-32-2006]
F.
Area and yard requirements.
(1)
The lot and buildings thereon shall comply with the requirements of this § 132-30F and the Schedule of Lot and Building Requirements for the AR-2 District included at the end of this chapter.
[Amended 9-20-1993 by Ord. No. 8-16-93; 3-7-2006 by Ord. No. 13-20-2006]
(2)
All accessory farm buildings shall have a minimum distance to the side lot line, the rear lot line and other buildings of 50 feet, plus 10 additional feet for each 1,000 square feet of gross floor area within the building, provided that, when the nature of the use requires additional setbacks in order to meet other requirements herein and in Article VI, the Planning Board may increase the distance.
(3)
A detached single-family dwelling may be constructed on an irregularly shaped lot, commonly known as a "flag lot," composed of a strip of land with public road frontage of at least 50 feet in width and a minimum 200 feet in depth (the "flag stem") and with the area beyond the access strip composed of at least four acres, after taking into account the partial credit allowed for constrained areas, and the minimum buildable area requirement, in the main buildable portion of the lot to the rear of the access strip. If, pursuant to Chapter 115, Subdivision of Land, a Class II minor subdivision involving more than one flag lot is undertaken, then the width of the flag stem for each flag lot may be reduced to 25 feet, provided that the two flag stems are located side by side, each flag lot is granted a reciprocal right to use the flag stem of the other lot for ingress and egress and a common driveway maintenance agreement is recorded as set forth in § 115-3, under the definition of "minor subdivision," Subsection B. All flag lots must conform to the provisions of Chapter 115, Subdivision of Land, and this chapter.
[Amended 9-20-1993 by Ord. No. 8-16-93; 6-17-1996 by Ord. No. 9-11-96; 12-16-2002 by Ord. No. 11-11-2002; 3-7-2006 by Ord. No. 13-20-2006]
(4)
Constrained areas.
(a)
Constrained area calculations. This subsection is to be used to compute the total area of a tract that is suitable for development after subtracting identified constrained areas. It is required to establish the maximum permitted density of residential development or intensity of nonresidential development on the tract and will assist the Board in guiding, to the greatest extent practicable, all development activities to suitable area(s) of the tract. The calculations required below shall be submitted as part of any conceptual subdivision plan for informal review and for any formal minor or major subdivision or site plan application.
(b)
Constrained area factors - maximum tract yield. The constrained area maximum tract yield calculation form shall be prepared by the applicant and submitted to the Board, along with a map of the entire tract illustrating constrained lands and natural resource features, including floodplains, wetlands, NJDEP-required wetlands transition areas, stream channels, stream corridors and areas of slopes of 25% and greater.
Constrained Area | ||||
Maximum Tract Yield Calculations Form |
Column A | Column B | Column C | |
|---|---|---|---|
Acres | Constrained Area Ratio | Acres | |
Gross tract area | |||
Area of existing conservation easements; existing roads 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 | |||
Adjusted gross tract area (Line 1 less Line 2) | |||
Constrained areas: Bodies of water, 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, required stream buffer conservation areas, land under water and areas of slopes 25% or greater | 0.5 | ||
Net site area adjusted for constrained areas (Line 3 less Line 4) | |||
Maximum permitted residential density or floor area ratio, as appropriate | 1 d.u./7 acres in AR-2 Zone District (except as otherwise provided for Class I and Class II minor subdivisions and individual flag lots) | ||
Maximum permitted number of principal dwelling units (or nonresidential floor area) (Line 5 divided by line 6) |
Notes: | |
|---|---|
a. | Enter appropriate acreage in Column A, multiply Column A by factor in Column B and place result in Column C. |
b | Round down to the nearest dwelling unit or square foot. |
[6]
Editor's Note: This ordinance also superseded former Subsection F(4) regarding detached single-family dwellings on lots having 200 feet of frontage along a Class III common driveway.
(5)
Each residential lot shall be required to have a minimum lot circle with a diameter of 200 feet; provided, however, that any two-acre lots created pursuant to a Class I minor subdivision or a Class II minor subdivision shall be exempt from this requirement.
(6)
Each residential lot, inclusive of any two-acre lots created pursuant to a Class I minor subdivision or a Class II minor subdivision, shall be required to have a minimum buildable area of one acre.
(7)
No land disturbance shall permitted in any area with slopes of 25% or greater.
G.
Gross floor area. The minimum floor area in any residential dwelling shall meet the requirements of health and safety codes. The maximum floor area shall be limited by the building and lot coverage requirements.
H.
Minimum off-street parking.
(1)
Only those parking spaces meeting the dimensions of this chapter shall be counted in meeting the minimum number of parking spaces.
(2)
The minimum requirement shall be two spaces per dwelling unit, plus 0.5 space per bedroom over the first bedroom. Fractional spaces shall be rounded up to the next whole number.
(3)
All lots shall provide a turnaround area on site so that all vehicles can exit in a forward direction.
(4)
Where the driveway access to a lot has a slope exceeding 12%, at least two additional off-street parking spaces shall be located adjacent to the street but outside the street right-of-way.
(5)
Churches shall provide one space for every five seats (one seat equaling 22 inches for pews and benches).
J.
Cluster and lot averaging subdivisions.
[Added 3-7-2006 by Ord. No. 13-20-2006]
(1)
It is the intent of this subsection to preserve the rural character of Kingwood Township by establishing and preserving large contiguous tracts of open space and farmland within Kingwood Township. Open space and open lands parcels shall be devoted to farmland, recreation, passive open space or natural resource conservation, or used for other municipal purposes not inconsistent with farmland, recreation, passive open space or natural resource conservation, as appropriate.
(2)
An applicant seeking to subdivide a tract of land 40 acres or greater in size, or a tract of land adjacent to land which has been deed restricted for farmland or open space preservation, or a tract identified as or adjacent to greenway or open space lands in the Kingwood Township Master Plan, Open Space Plan or Farmland Preservation Plan, shall apply to the Planning Board for a mandatory cluster or lot size averaging subdivision. Such application shall be accompanied by a qualifying plan and a proposed subdivision plat indicating the proposed development plan and the area to be retained as open lands, in farmland, recreation, passive open space or natural resource conservation, or used for other municipal purposes not inconsistent with farmland, recreation, passive open space or natural resource conservation.
(3)
An applicant seeking to subdivide a tract of land less than 40 acres may be required by the Board to submit a cluster or lot size averaging subdivision plan if, in the opinion of the Planning Board, such a development will assist in achieving the objectives of the Master Plan, Official Map or other planning documents and ordinances.
(4)
An applicant may propose a cluster or lot size averaging subdivision plan for any tract of land greater than 14 acres but less than 40 acres.
(5)
In all instances, the Planning Board shall have sole authority as to whether cluster or lot averaging shall be permitted on tracts of less than 40 acres or required on tracts of more than 14 acres.
(6)
If the applicant proposes that the open space resulting from a cluster development be dedicated to the Township, either in fee or through conveyance of development rights, then the Planning Board shall request approval from the governing body that the open space or interest therein resulting from the application of cluster development will be accepted by the Township. If approval is not granted within 60 days from the date of referral and the Planning Board approves submission of a cluster plan, the applicant shall submit a cluster plan providing for ownership of common land by a homeowners' association, subject to a deed restriction prohibiting further subdivision or development.
(7)
The maximum number of lots in a mandatory or voluntary cluster/lot averaging subdivision shall be determined by design of a conventional subdivision conforming to all Township ordinances, applicable county regulations and applicable statutes and regulations of the State of New Jersey. The conventional subdivision submitted shall be designed without the need for variances, waivers or exceptions from municipal, county or state laws or regulations.
K.
Criteria for cluster or lot averaging developments.
[Added 3-7-2006 by Ord. No. 13-20-2006]
(1)
The open space parcel or any designated open lands shall contain a minimum of 50% of the gross tract area and shall contain a minimum of 30% of the unconstrained tract area. The unconstrained tract area shall be defined as the area of the tract that does not constrain lands. The stormwater management system for the proposed subdivision may be located in the open space or open lands parcel, however, the land area of any detention or retention basin(s) shall not be counted toward the minimum area requirements in this subsection.
(2)
Any open space parcel shall contain a minimum lot circle of 300 feet.
(3)
Rights-of-way or cartways of any existing or proposed public or private streets shall not be included in the calculation of the minimum required open space or open lands area.
(4)
The Planning Board may authorize up to a fifty-percent reduction of lot dimensions and yards and a reduction of down to two acres in lot size.
(5)
The percentage of the total tract of land equal to the percentage that the average lot areas are reduced from that otherwise required in the zone shall be used for open space or included as the open lands. However, such open space or open lands shall not be less than five acres.
L.
Open space and open lands regulation. The open space lot(s) of a cluster development approved by the Township, or open lands in a lot averaging subdivision, shall be permanently deed restricted from further development and shall be subject to the following regulations:
[Added 3-7-2006 by Ord. No. 13-20-2006]
(1)
New agricultural construction (e.g., barns, shelters and greenhouses) shall not result in an impervious surface coverage in excess of 10% of the total acreage of the preserved open lands. New agricultural construction shall be located a minimum of 200 feet from the property line.
(2)
The deed of any single-family dwelling sold as part of a lot averaging development under this section shall contain a notice that the Township Zoning Ordinance specifically includes farming as a permitted use in the zone and that the open lands in the development may be deed restricted for farming use. Furthermore, the developer and/or landowner who plans to sell the dwellings referenced above shall inform, through their agents, prospective purchasers of the protections that the Township Right-To-Farm Ordinance, § 74-1, conveys to agricultural operations.
(3)
Open lands created as a result of these regulations shall be included within a single lot in a lot averaging subdivision.
(4)
Open space and open lands guidelines. The following guidelines should be considered in determining the configuration and location of open space parcels resulting from development under open space cluster provisions and open lands resulting from lot averaging subdivisions:
(a)
The preserved open space or open lands area shall be configured in such a manner as to facilitate agricultural use. Factors such as, but not limited to, the proposed proximity of the open space or open lands to adjacent tracts containing farming operations, the ability to create large contiguous tracts of open space and/or farmland and the desirability of maximizing separation between farming operations and residential units should be considered.
(b)
In order to maintain the rural character and scenic viewsheds of the Township, as perceived from the public rights-of-way, open space and open lands parcels should be located in such manner as to preserve scenic vistas and preserve the rural character of farmsteads, barns and homesteads after development.
(c)
Where subdivision tracts include existing farmland operations, open space parcels and designated open lands should be configured to preserve such uses, to the greatest extent possible, in order to facilitate the continuation of farming.
(d)
Open space parcels and designated open lands should be located in such a manner (i.e., physical separation) as to reduce the potential for conflicts between farm operations and residential uses.
(e)
Proposed roads should be located within the development portion of the property. It is the intent of this subsection to keep the open space or open lands portion continuous and free of roadway intrusions; however, adequate access must be provided to the open space or open lands area.
(f)
Open lands created as a result of these regulations may be used for recreation, agriculture or resource conservation. No buildings or structures shall be constructed or maintained on the deed-restricted open lands except such structures that are accessory to the agricultural, natural resource conservation or open space use.
[1]
Editor's Note: This ordinance also repealed former § 132-30, VR Village Residential District.
