Township of Kingwood, NJ
Hunterdon County
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Table of Contents
Table of Contents
[Added 9-22-1988 by Ord. No. 6-13-88;[1] amended 7-26-1993 by Ord. No. 8-13-93]
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.
(7) 
Family day-care homes (as per N.J.S.A. 40:55D-66.5b.)[2]
[2]
Editor's Note: Former Subsection B(8), community residences for the developmentally disabled and community shelters for victims of domestic violence, which immediately followed this subsection, was repealed 10-7-2003 by Ord. No. 12-10-2003.
C. 
Accessory uses permitted. Accessory uses and structures to any of the above permitted principal uses are permitted as follows:
(1) 
Private residential swimming pools, subject to the provisions of § 132-55.
(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.
(6) 
[3]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]
[3]
Editor's Note: Former Subsection C(6), regarding tenant houses for employees or guests, 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.
(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]
(9) 
Small wind energy systems in accordance with the provisions of § 132-50D.
[Added 3-1-2012 by Ord. No. 17-02-2012]
(10) 
Affordable accessory apartments in accordance with § 132-26.
[Added 12-28-2018 by Ord. No. 19-23-2018]
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.
(6) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(6), Accessory apartments, was repealed 12-28-2018 by Ord. No. 19-23-2018.
(7) 
Elder cottage housing opportunity unit (ECHO unit). (See § 132-102P 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).
(8) 
Major solar or photovoltaic energy facilities or structures in accordance with Article IV, Supplemental Regulations, § 132-61; and Article VI, Conditional Uses, § 132-102P.
[Added 12-7-2010 by Ord. No. 16-16-2010; amended 4-5-2011 by Ord. No. 16-13-2011; 7-5-2012 by Ord. No. 17-12-2012]
(9) 
Tenant houses in accordance with the provisions found at § 132-102Q.
[Added 8-1-2013 by Ord. No. 17-17-2013]
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.
[Added 3-7-2006 by Ord. No. 13-20-2006[6]; amended 4-4-2006 by Ord. No. 13-21-2006]
(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
Con- strained Area Ratio
Acres
1.
Gross tract area
2.
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
3.
Adjusted gross tract area (Line 1 less Line 2)
4.
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
5.
Net site area adjusted for constrained areas (Line 3 less Line 4)
6.
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)
7.
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).
(6) 
See § 132-53 for additional standards.
I. 
Signs are permitted subject to Article V.
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.
[Added 9-22-1988 by Ord. No. 6-13-88;[1] amended 9-20-1993 by Ord. No. 8-16-93]
A. 
Purpose. The purpose of the VR-1 Village Residential District is to provide for and protect the character of the existing Village of Baptistown. The provisions set forth herein are in recognition that the village is essentially developed.
B. 
Permitted principal 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) 
Detached single-family dwelling units.
(2) 
Public playgrounds, conservation areas, parks and public purpose uses.
(3) 
Churches and cemeteries.
(4) 
Firehouses, rescue squad facilities and government buildings.
(5) 
Family day-care homes (as per N.J.S.A. 40:55D-66.5b.)[2]
[2]
Editor's Note: Former Subsection B(6), community residences for the developmentally disabled and community shelters for victims of domestic violence, which immediately followed this subsection, was repealed 10-7-2003 by Ord. No. 12-10-2003.
C. 
Accessory uses permitted. Accessory uses and structures to any of the above permitted principal uses are permitted as follows:
(1) 
Private residential swimming pools, subject to the provisions of § 132-55.
(2) 
Buildings for tools and equipment used for maintenance of the grounds. Such building shall not exceed 12 feet in height.
(3) 
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.
(4) 
Private garages.
(5) 
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]
(6) 
Small wind energy systems in accordance with the provisions of § 132-50D.
[Added 3-1-2012 by Ord. No. 17-02-2012]
(7) 
Affordable accessory apartments in accordance with § 132-26.
[Added 12-28-2018 by Ord. No. 19-23-2018]
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) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(1), Accessory apartments, was repealed 12-28-2018 by Ord. No. 19-23-2018.
(2) 
Home occupations.
(3) 
Bed-and-breakfast.
[Amended 6-17-1996 by Ord. No. 9-11-96]
(4) 
Barn conversions.
(5) 
Community residences for the developmentally disabled for over six persons but not more than 15 persons, excluding resident staff.
(6) 
Major solar or photovoltaic energy facilities or structures in accordance with Article IV, Supplemental Regulations, § 132-61; and Article VI, Conditional Uses, § 132-102P.
[Added 12-7-2010 by Ord. No. 16-16-2010; amended 4-25-2011 by Ord. No. 16-13-2022; 7-5-2012 by Ord. No. 17-12-2012]
E. 
Maximum building height. No building shall exceed 35 feet in height nor 2 1/2 stories, except that churches shall not exceed 55 feet.
F. 
Area and yard requirements. The lot and building thereon shall comply with the following requirements:
Requirement
Detached Dwellings
Public/ Quasi-Public
PRINCIPAL BUILDING
Minimum lot area
(square feet)
43,560
43,560
Minimum lot frontage (feet)
150
225
Minimum lot width (feet)
150
225
Minimum lot depth (feet)
175
250
Minimum yards (feet)
Front
25
75
Rear
40
40
Side (each)
20
30
Maximum building coverage (percent)
20
20
ACCESSORY BUILDING
Minimum yards (feet)
Front
40
100
Rear
10
30
Side (each)
10
30
Minimum distance between buildings (feet)
20
20
Maximum building coverage (percent)
2
2
MAXIMUM LOT COVERAGE
(percent)
40
40
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) 
The minimum requirement shall be two spaces per dwelling unit plus 1/2 space per bedroom over the first bedroom. Fractional spaces shall be rounded up to the next whole number.
(2) 
Only those parking spaces meeting the dimensions of this chapter shall be counted in meeting the minimum number of parking spaces.
(3) 
All lots shall provide a turnaround area on site so that all vehicles may exit in a forward direction.
(4) 
Churches shall provide one space for every five permanent seats [one seat equaling 22 inches for pews and benches].
(5) 
See § 132-53 for additional standards.
I. 
Signs are permitted subject to Article V.
[1]
Editor's Note: This ordinance also repealed former § 132-31, AR-2 Agriculture and Single-Family Residential District, as amended.
[Added 7-26-1993 by Ord. No. 8-13-93[1]]
A. 
Purpose. The purpose of the VR-2 Village Residential District is to provide for and protect the character of the existing Village of Barbertown while recognizing the existing nonresidential uses located within its boundaries.
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) 
All principal permitted uses permitted in the VR-1 District shall also be permitted in the VR-2 District.
(2) 
Automobile service stations in existence as of February 8, 1993. Expansion of any automobile service station in existence as of this date shall require approval as a conditional use as per Article VI of this chapter. Permitted expansions shall not include the addition of property outside of the lot originally devoted to such use.
(3) 
Restaurants in existence at the time of the passage of this section. Expansion of any restaurant or creation of any new restaurant shall require approval as a conditional use as described below.
C. 
Accessory uses permitted. Accessory uses permitted are the same as those permitted in the VR-1 District.
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) 
All conditional uses permitted in the VR-1 District.
(2) 
New restaurants and general stores under the following conditions:
(a) 
The exterior appearance of any new structure shall compliment and be compatible with the character of the surrounding area. New buildings shall relate to buildings in their vicinity in terms of height, scale, massing, directional expression, setback, sense of entry, roof shapes, building materials, color and exterior features.
(b) 
Where restaurants or general stores are to be created from the conversion of an existing structure, the conversion shall be accomplished in a manner which renders it compatible with the architectural scale and character of the area in which it is proposed. Compatibility of architecture shall be judged in terms given above.
(c) 
Parking for restaurants shall be provided at a rate of one space per three seats. Parking for general stores shall be provided at a rate of one space per 250 square feet unless otherwise approved by the Planning Board. Parking for restaurants and general stores shall be screened from the public right-of-way and surrounding residential land uses by landscaping, fencing, wall, berm or combination of these as approved by the appropriate board. Parking lot screening and buffering shall be required in accordance with § 132-53 of this chapter.
(d) 
No access driveway to a nonresidential use shall be located within 100 feet of the intersection of two public streets as measured from the center line of the driveway to the point of intersection of the two closest street lines.
(e) 
The use shall conform to § 132-54, Performance standards for all uses.
(f) 
A "general store" shall be defined as an individual store intended for quick convenience trade, such as a small grocery, delicatessen, newsstand, etc. This use shall not be larger than 4,000 square feet.
(3) 
Expansion of any automobile body repair shop or service station in existence as of February 8, 1993. The expansion of any automobile body repair shop or service station in existence as of February 8, 1993, shall comply with the standards found in Article VI.
(4) 
Residential conversion to professional offices. Residential conversions to professional offices shall comply with the standards found in Article VI.
E. 
Maximum building height. No building shall exceed 35 feet in height nor 2 1/2 stories, except that churches shall not exceed 55 feet.
F. 
Area and yard requirements. The lot and building thereon shall comply with the following requirements:
Requirement
VR-2
PRINCIPAL BUILDING
Minimum lot area (square feet)
87,120
Minimum lot frontage (feet)
200
Minimum lot width (feet)
200
Minimum lot depth (feet)
250
Minimum yards (feet)
Front
50
Rear
60
Sides (each)
40
Maximum building coverage (percent)
8
ACCESSORY BUILDING
Minimum yards (feet)
Front
75
Rear
30
Sides (each)
30
Minimum distance between buildings (feet)
20
Maximum building coverage (percent)
2
MAXIMUM LOT COVERAGE (percent)
30
NOTES:
  * Maximum lot coverage for nonresidential uses shall be 40%.
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) 
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.
(2) 
Only those parking spaces meeting the dimensions of this chapter shall be counted in meeting the minimum number of parking spaces.
(3) 
All lots shall provide a turnaround area on site so that all vehicles may exit in a forward direction.
(4) 
Churches shall provide one space for every five permanent seats [one seat equaling 22 inches for pews and benches].
(5) 
See § 132-53 for additional standards.
I. 
Signs are permitted subject to Article V.
[1]
Editor's Note: This ordinance also repealed former § 132-32, VC Village Commercial and CC Community Commercial District.
[Added 7-26-1993 by Ord. No. 8-13-93]
A. 
Purpose. The purpose of these two districts is to provide the opportunity to develop appropriate commercial services of a convenience nature and to provide for the development of commercial goods and services in and around the Village of Baptistown.
B. 
Permitted principal 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) 
In the VC-1 District:
(a) 
Local retail uses such as grocery stores and other stores selling consumable products; drugstores; and stores selling gifts, antiques (but not flea markets), stationery, hobbies, books, clothing, sporting goods, liquor stores, shoes, fabric, flowers, hardware, musical instrument sales, pet supplies and pets (but kennels are prohibited) and similar goods.
(b) 
Local service uses such as medical, dental and other professional offices, real estate, insurance and similar business offices, musical instrument repair, barbershops and beauty salons, tailors, dry-cleaning stores and laundromats, shoe repair, upholsterers, appliance repair and similar local service uses.
(c) 
Restaurants, bars and taverns.
(d) 
Banks, including drive-up windows.
(e) 
Bed-and-breakfast inns.
(f) 
Child-care centers licensed by the New Jersey Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.), and N.J.S.A. 40:55D-66.6 of the Municipal Land Use Law.
(2) 
In the VC-2 District:
(a) 
Any uses permitted in the VC-1 District.
(b) 
Mechanical contractors.
(c) 
Furniture and appliance stores, department stores and supermarkets.
(d) 
Farm equipment dealerships of a franchised dealer.
(e) 
Agriculture.
C. 
Accessory uses permitted. The following accessory uses shall be permitted in the VC-1 and VC-2 Districts:
(1) 
Service departments associated with farm equipment dealerships, provided that there is no body work and no vehicle painting conducted on the site.
(2) 
Temporary construction trailers and one temporary unlighted sign not exceeding 100 square feet in area stating the future occupant, the prime contractor, subcontractors, names of the members of the design team and financing institution. Said trailers and sign may be located on the tract upon issuance of the building permit and shall be removed prior to the issuance of a certificate of occupancy. The trailers shall be set back at least 100 feet and signs shall be set back at least 50 feet from all property lines.
(3) 
Other uses and structures customarily incidental to a principal permitted use.
(4) 
Private and public parking.
(5) 
Signs as permitted under Article V.
(6) 
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]
(7) 
Small wind energy systems in accordance with the provisions of § 132-50D.
[Added 3-1-2012 by Ord. No. 17-02-2012]
(8) 
Affordable accessory apartments in accordance with § 132-26.
[Added 12-28-2018 by Ord. No. 19-23-2018]
D. 
Conditional uses. The following uses are permitted subject to 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) 
In the VC-1 District:
(a) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(1)(a), Accessory apartments, was repealed 12-28-2018 by Ord. No. 19-22-2018.
(b) 
Major solar or photovoltaic energy facilities or structures in accordance with Article IV, Supplemental Regulations, § 132-61; and Article VI, Conditional Uses, § 132-102P.
[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]
(2) 
In the VC-2 District:
(a) 
Automobile service stations.
(b) 
Shopping centers.
(c) 
Accessory apartments.
(d) 
Major solar or photovoltaic energy facilities or structures in accordance with Article IV, Supplemental Regulations, § 132-61; and Article VI, Conditional Uses, § 132-102P.
[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]
E. 
Maximum building height. No building shall exceed two stories in height nor be higher than 35 feet.
F. 
Area and yard requirements.
(1) 
The lot and building thereon shall comply with the following requirements:
Requirement
VC-1
VC-2
PRINCIPAL BUILDING
Minimum lot area (square feet)
43,560
87,120
Minimum lot frontage (feet)
175
275*
Minimum lot width (feet)
175
200
Minimum lot depth (feet)
150
200
Minimum yards (feet)
Front
50
75
Rear
25
50
Side (each)
15**
40
Maximum building coverage (percent)
20
15
Maximum floor area ratio (FAR) (percent)
20
20
ACCESSORY BUILDING
Minimum yards (feet)
Front
50
75
Rear
10
30
Side (each)
20
30
Minimum distance between buildings (feet)
20
20***
Maximum building coverage (percent)
2
2
MAXIMUM LOT COVERAGE (percent)
60
40
NOTES:
  * Where primary access is not from Route 12, the lot frontage may be reduced to 225 feet.
  ** In the VC-1 District, in order to encourage an end result which provides parking, access and architectural continuity even where the development occurs piecemeal and with diverse ownership, buildings may be attached and may be built to the interior side line(s) in order to be attached. Attached buildings shall have the common wall of the two buildings located on the lot line. Where buildings are attached along a common side lot line, the site plan shall be accompanied by appropriate legal material and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If structures are not attached, the side yards shall be as shown above.
  *** If a driveway passes between buildings, the space between the buildings shall be increased by the width of the driveway.
(2) 
In the VC-2 District, in order to avoid strip frontage development, all permitted uses shall be planned as part of an overall coordinated plan for the entire site, whether developed all at one time or one use at a time over a period of years. In addition, each tract containing more than one building shall have a unifying theme with regard to architectural features, signage and lighting in accordance with an approved site plan.
G. 
Gross floor area. The maximum floor area shall be limited by the floor area ratio and the building and lot coverage requirements.
H. 
Minimum off-street parking.
(1) 
Only those parking spaces meeting the dimensions required per § 132-53 and spaces that are not being blocked by another parking or loading space shall be counted in meeting the minimum number of parking spaces.
(2) 
The site planning shall include provision for connecting adjacent lots to one another either by driveway connections from one parking lot to another designed in safe and efficient locations or by a parallel service road separate from the parking lot circulation pattern.
(3) 
For residential uses there shall be provided two spaces for the first bedroom plus 0.5 space per bedroom over the first bedroom.
(4) 
Offices shall provide one space per 250 square feet of gross floor area, except that medical offices shall provide one space per 150 square feet of gross floor area.
(5) 
Retail and service uses shall provide one space per 175 square feet of gross floor area, except for specialized retail uses specified below and except that, where there are five or more uses designed on a site with shared parking facilities, as in a shopping center, the parking may be reduced to at least one space per 275 square feet of gross floor area.
(6) 
Health clubs and exercise rooms shall provide one space for every 200 square feet of gross floor area.
(7) 
Restaurants shall provide one space per three seats.
(8) 
Farm equipment dealerships shall provide one space per 250 square feet of gross floor area devoted to showrooms and offices, plus one space for every 500 square feet of gross floor area in the service department or other areas.
(9) 
Barbershops and beauty salons shall provide two spaces per chair.
(10) 
Banks shall provide one space per 250 square feet of gross floor area plus a separate stacking lane for each drive-up window with a capacity for at least 10 vehicles. These lanes shall be separated from the driveways, aisles and parking spaces serving the remainder of the use.
(11) 
Furniture and appliance stores shall provide one space per 500 square feet of gross floor area.
(12) 
Automobile service stations, transmission repair, tire sales, lubricating specialists, battery sales and similar uses shall provide four spaces per bay or work area, plus one space per 250 square feet of gross floor area devoted to retail store area.
(13) 
Any use which may be permitted due to its similarity to a use listed above shall provide parking at the rate required of the similar use.
(14) 
See § 132-53 for additional standards.
I. 
Minimum off-street loading. Minimum off-street loading shall be provided in accordance with § 132-531.
J. 
General requirements.
(1) 
Any principal building may contain more than one permitted use, and any lot may contain more than one principal structure, provided that each principal structure is located in a manner which will allow the possibility of subdividing the lot in a manner such that each structure and resulting lot would conform to the zoning and subdivision regulations, including frontage on a public street.
(2) 
Any development or site modification in the VC-1 or VC-2 District shall require site plan approval.
(3) 
No merchandise, products, equipment or similar material shall be displayed, stored or sold outside unless part of an approved automotive or farm equipment dealership. For all other uses, the conducting of business shall be within a building. Farm equipment dealerships may display new vehicles along the front of the building, provided that the vehicles are set back from the street right-of-way at least 75 feet, there are no more than two rows of vehicles and the lighting is arranged so that no direct light source is visible to a driver traveling along the adjacent highway.
(4) 
Parking areas shall be set back from the street right-of-way at least 15 feet in the VC-1 District and 25 feet in the VC-2 District. The parking setback area shall be planted as a lawn area or as lawn with shrubbery and in accordance with § 132-53.
(5) 
All portions of the property not covered by buildings or paved surfaces shall be landscaped, utilizing combinations of lawn area, ground cover, rock formations, contours and berming, existing foliage and the planting of shrubbery, conifers and deciduous trees in order to establish, maintain or reestablish a suitable natural environment in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting and to assure that the capacity of any natural or man-made drainage system is sufficient to handle the water generated from the site and contributing upstream areas.
(6) 
A minimum buffer area shall be provided along any common boundary with a residential district or use in accordance with Article IV, § 132-54, of this chapter.
K. 
Number and arrangement of driveways.
(1) 
Driveways shall be located where there is at least 550 feet of sight distance along arterial and collector streets and at least 200 feet of sight distance along local streets. Driveway locations shall be at least 200 feet from a street intersection along arterial and collector streets, at least 100 feet from a street intersection of a local street and at least 50 feet from any lot line. Driveways shall not be located where they will interfere with the placement and proper functioning of highway signs, traffic signals, lighting and other devices that affect traffic operation.
(2) 
Existing building lots having less than 200 feet of frontage shall be permitted only one driveway to that street.
(3) 
The area within a sight distance area shall be graded and kept clear of vegetation to enable a driver to see along the abutting street the specified distance in both directions. The sight distance area is a triangular area located at the intersection of the driveway and the abutting street. This area is to be kept clear of earth, rock and vegetation in the space between two and 10 feet above the driveway elevation. The first side of the triangle shall run 30 feet along the center line of the driveway starting at the right-of-way to a point on the right-of-way 100 feet from the center line of the driveway. The property owner shall maintain said sight triangle. Failure to do so can be grounds for revoking the certificate of occupancy for the use of the property until the sight distance area is regraded, cleared of plant material, trimmed or otherwise modified to provide the proper sight distance area.
(4) 
For existing lots of record containing more than 200 feet of frontage, a second driveway may be permitted, provided that the center lines of the two driveways are at least 130 feet apart, neither driveway is closer to the intersection of two streets than set forth above and the required sight distances are met, and in no event shall more than two driveways to the same street be permitted.
[1]
Editor's Note: Former § 132-33, HC Highway Commercial District, as amended, was repealed 9-22-1988 by Ord. No. 6-13-88.
[Added 7-26-1993 by Ord. No. 8-13-93]
A. 
Purpose. The purpose of the Highway Commercial District is to provide for the development of various highway-oriented commercial uses outside the village areas and along Route 12 which have a market generally wider than the immediate Kingwood community.
B. 
Permitted principal 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) 
All principally permitted uses in the VC-1 and VC-2 Districts.
(2) 
Miniwarehousing and veterinary hospitals.
(3) 
Nurseries and garden centers (but not greenhouse structures), feed and grain outlets, theaters, bowling alleys, department stores, automobile dealerships and supermarkets.
C. 
Accessory uses permitted. The following accessory uses shall be permitted:
(1) 
All accessory uses permitted in the VC-1 and VC-2 Districts.
(2) 
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.
[Added 12-7-2010 by Ord. No. 16-16-2010]
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) 
Shopping centers.
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(2), Accessory apartments, was repealed 12-28-2018 by Ord. No. 19-22-2018.
(3) 
Major solar or photovoltaic energy facilities or structures in accordance with Article IV, Supplemental Regulations, § 132-61; and Article VI, Conditional Uses, § 132-102P.
[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]
E. 
Maximum building height. No building shall exceed 2.5 stories in height nor be higher than 40 feet.
F. 
Area and yard requirements.
(1) 
The lot and building thereon shall comply with the following requirements:
Requirement
HC
PRINCIPAL BUILDING
Minimum lot area (acres)
4
Minimum lot frontage (feet)
275
Minimum lot width (feet)
275
Minimum lot depth (feet)
450
Minimum yards (feet)
Front
100
Rear
100
Side (each)
50
Maximum building coverage (percent)
10
Maximum floor area ratio (percent)
10
ACCESSORY BUILDING
Minimum yards (feet)
Front
125
Rear
75
Side (each)
50
Minimum distance between buildings (feet)
20
Maximum building coverage (percent)
2
MAXIMUM LOT COVERAGE (percent)
45
(2) 
In the HC District, in order to avoid strip frontage development, all uses listed above to be located on a single site shall be planned as part of an overall coordinated plan for the entire site, whether developed all at once or one use at a time over a period of years. In addition, each tract containing more than one building shall have a unifying theme with regard to architectural features, signage and lighting in accordance with an approved site plan.
G. 
Gross floor area. The maximum floor area shall be limited by the floor area ratio and the building and lot coverage requirements.
H. 
Minimum off-street parking.
(1) 
Parking for individual uses shall be provided as required in § 132-33 or as otherwise indicated in this chapter.
(2) 
Theaters shall provide one space for every three seats.
(3) 
Bowling alleys shall provide four spaces per lane plus one space for every three seats in a restaurant, bar or snack room.
(4) 
Nurseries, garden centers and feed and grain supply stores shall provide one space per 250 square feet of gross floor area within greenhouses and other interior growing space accessible to customer, plus one space per 1,000 square feet of outdoor display area.
(5) 
Body repair shops shall provide one space per 250 square feet of gross floor area for office use, plus four spaces per bay or work area in the service areas.
(6) 
See § 132-53 for additional standards.
I. 
Minimum off-street loading. Minimum off-street loading shall be provided as required in § 132-531.
J. 
General requirements.
(1) 
Any principal building may contain more than one permitted use, and any lot may contain more than one principal structure, provided that each principal structure is located in a manner which will allow the possibility of subdividing the lot in a manner such that each structure and resulting lot would conform to the zoning and subdivision regulations, including frontage on a public street.
(2) 
Any development or site modification in the HC District shall require site plan approval.
(3) 
Except at nurseries, garden centers, food and grain supply stores and farm equipment dealerships, no merchandise, products, equipment or similar material shall be displayed, stored or sold outside. The conducting of business shall be within a building. In a nursery or garden center, living plant material may be located within 50 feet of the property line, but other material in a nursery of garden center or feed and grain supply store, such as packaged peat moss and fertilizer, decorative stone, bulk storage and fencing, may be displayed outside but shall be at least 100 feet from any property line. Farm equipment dealerships may display new vehicles along the front of the building, provided that the vehicles are set back from the street right-of-way at least 75 feet, there are no more than two rows of vehicles and the lighting is arranged so no direct light source is visible to a driver traveling along the adjacent highway.
(4) 
Parking areas shall be set back from the street right-of-way at least 50 feet in the HC District. The parking setback area shall be planted as a lawn area or as lawn with shrubbery and in accordance with § 132-53. The fifty-foot area shall be graded and planted to screen the parking areas from view from the abutting street by plantings or, at the discretion of the Planning Board, planting and berming. The plantings may be done through various combinations of evergreens, deciduous trees, shrubbery and lawn cover.
(5) 
All portions of the property not covered by buildings or paved surfaces shall be landscaped utilizing combinations of lawn area, ground cover, rock formations, contours and berming, existing foliage and the planting of shrubbery, conifers and deciduous trees in order to establish, maintain or reestablish a suitable natural environment in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting and to assure that the capacity of any natural or man-made drainage system is sufficient to handle the water generated from the site and contributing upstream areas.
(6) 
A minimum buffer area of at least 100 feet wide shall be provided along any common boundary of the HC District with a residential district.
K. 
Number and arrangement of driveways. The number and arrangement of driveways shall be provided as required under § 132-33K.
[1]
Editor's Note: Former § 132-34, MI Manufacturing Industrial District, was repealed 9-22-1988 by Ord. No. 6-13-88.
[Added 9-22-1988 by Ord. No. 6-13-88;[1] amended 7-26-1993 by Ord. No. 8-13-93]
A. 
Purpose. This zoning district is located in the vicinity of Route 12 which is partially developed with various businesses and industries. The intent of this district is to further promote the industrial and commercial businesses in Kingwood which are sensitive to the particular environmental conditions of the area. Such uses should not be high water users, should maintain groundwater quality and should avoid encroachments into stream corridors and wetlands. Such uses should also not violate the performance standards set forth in this chapter nor generate large volumes of truck traffic that would negatively impact the rural road system.
B. 
Permitted principal uses shall be as follows:
(1) 
Business offices.
(2) 
Warehousing, including miniwarehousing/storage.
(3) 
Laboratories and research.
(4) 
Manufacturing and assembly operations.
(5) 
Lumberyards.
(6) 
Agriculture.
(7) 
Professional offices.
(8) 
Banquet/convention facilities.
(9) 
Major solar or photovoltaic energy facilities or structures in accordance with the provisions found at Chapter 132, Article IV, Supplemental Regulations, §§ 132-60 and 132-61A(7), (9) and (10). In the BP Zone, no major solar or photovoltaic energy facility or structures shall be situated upon a lot or lots upon which there is situated another principal use or structure.
[Added 12-7-2010 by Ord. No. 16-16-2010; amended 4-25-2011 by Ord. No. 16-13-2011; 3-1-2012 by Ord. No. 17-02-2012; 7-5-2012 by Ord. No. 17-12-2012]
(10) 
Wind energy systems, in accordance with the provisions found at § 132-50D.
[Added 8-4-2011 by Ord. No. 16-20-2011; 3-1-2012 by Ord. No. 17-02-2012]
C. 
Accessory uses:
(1) 
Other uses and structures customarily incidental to a principal permitted use, such as parking garages and storage buildings.
(2) 
Off-street parking and loading.
(3) 
Signs as permitted under Article V.
(4) 
Temporary construction trailers and one temporary sign not exceeding 100 square feet in area stating the future occupant, the prime contractor, subcontractors, names of the members of the design team and financing institution. Said trailers and sign may be located on the tract upon issuance of the building permit and shall be removed prior to the issuance of a certificate of occupancy. The trailers shall be set back 200 feet and signs shall be set back 50 feet from all property lines.
(5) 
Any permitted use in this district which employs over 100 persons or is part of a planned business park of 25 acres or more as defined by this chapter may incorporate retail convenience uses such as cafeterias, banks, haircutters, dry cleaners, gift shops and similar personal service operations normally found within large corporations for the sole use of their employees or guests. These retail uses must be located within the principal building of the permitted use, shall not be advertised outside the building nor be open to the general public nor have direct customer access from the exterior of the building. No more than 5% of the gross floor area of any building permitted in this district may be used for this purpose.
(6) 
Accessory day care.
(a) 
Day-care facilities shall be permitted in all office developments where accessory retail is permitted.
(b) 
Day-care facilities may be provided on site as integrated into the larger office complex or in a separate building.
(c) 
If developed as a separate building, day care must be located on site and must adhere to the area and bulk criteria of the zone in which it is located.
(d) 
A state license must be secured and the building must meet all construction, fire and health codes.[2]
[2]
Editor's Note: See Ch. 71, Construction Codes, Uniform: Ch. 76. Fire Prevention; and Part III, Board of Health Legislation.
(e) 
The operator of the day-care facility must file a child-care registration form with the Township Clerk.
(f) 
Development of a day-care center must comply with state regulations as found in the Manual of Requirements for Child Care Centers (N.J.A.C. 10:122-1.1 et seq.)
(g) 
If the day-care center is located in a separate building, setbacks, screening and landscaping shall conform to the requirements of the zone in which the structure is located.
(7) 
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.
[Added 12-7-2010 by Ord. No. 16-16-2010]
(8) 
Not more than one affordable accessory apartment per lot in accordance with § 132-26.
[Added 12-28-2018 by Ord. No. 19-23-2018]
D. 
Conditional uses. The following shall be permitted as conditional uses in the BP Zone subject to the approval of the Planning Board according to the standards set forth in Article VI and in accordance with the general provisions set forth in Article IV or as given below:
(1) 
Retail under the following conditions:
(a) 
Retail uses permitted shall be the same as those principally permitted in the Highway Commercial District (§ 134-34B).
(b) 
Retail uses may only be developed where they have a minimum lot frontage of 400 feet on Route 12 and access from Route 12. Where permitted, such uses shall also comply with all other bulk requirements of the BP District.
(c) 
Retail uses as identified above shall only be permitted where the Planning Board finds that such use will not be substantially detrimental to the future development of the BP District with principally permitted BP District uses.
(2) 
Wholesale greenhouses.
(3) 
Mechanical and business equipment storage, contractor yards and construction businesses, pallet and skid storage shall be permitted in the BP District under the same conditions given in Article VI for wholesale greenhouses.
(4) 
Flex office/warehousing under the following conditions:
(a) 
Provided that the applicant identifies the mix of office versus warehousing use and that parking shall be provided which reflects the different needs of such uses and, as a further condition of approval, for a future change of mix whereby office is increased, the applicant must provide additional parking or demonstrate to the Board that adequate parking is available.
(5) 
Planned business parks.
E. 
Maximum building height shall be 40 feet or 2 1/2 stories.
F. 
Area and yard requirements. The lot and buildings thereon shall comply with the following requirements:
Requirement
BP
PRINCIPAL BUILDING
Minimum lot area (acres)
5
Minimum lot frontage (feet)
400
Minimum lot width (feet)
400
Minimum lot depth (feet)
500
Minimum yards (feet)
Front
100
Rear
50
Side (each)
50
Maximum building coverage (percent)
15
Maximum floor area ratio:
Lots of 0 to 5.00 acres
10%
Lots of 5.01 to 9.99 acres
11%
Lots of 10 to 14.99 acres
12%
Lots of 15 to 19.99 acres
13%
Lots of 20 to 24.99 acres
14%
ACCESSORY BUILDING
Minimum yards (feet)
Front
100
Rear
50
Side (each)
50
Minimum distance between buildings (feet)
30
Maximum building coverage (percent)
2
MAXIMUM LOT COVERAGE (percent)
45
G. 
Minimum off-street parking.
(1) 
Minimum off-street parking shall be as follows:
(a) 
One space per 250 square feet gross floor area for offices, except that medical offices shall provide one space per 150 square feet of gross floor area.
(b) 
One space per 700 square feet of gross floor area for manufacturing and assembly operations.
(c) 
One space per 800 square feet of gross floor area for research and laboratory use.
(d) 
One space per 1,000 square feet of gross floor area for warehousing.
(e) 
In addition to the above, one space for every company vehicle owned and/or operated from that site.
(2) 
Parking areas may cross property or lease lines so adjoining uses share parking spaces and access drives. Where an applicant can demonstrate through expert testimony and to the satisfaction of the approving authority that the Township's parking and loading requirements are excessive, the approving authority may approve a plan showing less parking and/or loading area to be paved, provided that a landscaped area sufficient to meet the deficiency shall be set aside on the plan and reserved for future parking and/or loading in the event that the use changes or the approved use needs more parking or loading than approved, and provided further that this reserved area shall be graded compatibly with the storm sewer system for both its landscaped and possible paved condition. All parking shall be behind the front building line. If a building contains multiple permitted uses, each shall be provided with sufficient parking based on the component uses within the building.
(3) 
See § 132-53 for additional standards.
H. 
Minimum off-street loading.
(1) 
Minimum off-street loading shall be provided in accordance with § 132-531.
(2) 
Each use shall provide an appropriate number of trash pickup locations consistent with the Township's recycling program and in accordance with § 132-58 of this chapter.
I. 
Signs. Signs shall be permitted subject to the requirements of Article V.
J. 
Number and arrangement of driveways. The number and arrangement of driveways shall be provided as required under § 132-33K.
K. 
General conditions.
(1) 
Any principal building may contain more than one permitted use.
(2) 
Any development or modification to an existing nonresidential use or the property of an existing nonresidential use in the BP District shall require site plan approval.
(3) 
Any lot may contain more than one principal structure, provided that each principal structure is located in a manner which will allow the possibility of subdividing the lot in a manner such that each structure and resulting lot would conform to the zoning and subdivision regulations, including frontage on a public street, provided further that the location of each principal structure need not comply with these requirements if the proposed locations as set forth on the site plan comply with sound planning and the overall development density for the entire tract does not exceed one structure per each five acres.
[1]
Editor's Note: This ordinance also repealed former § 132-35, PI Planned Industrial District, as amended.
[Amended 7-26-1993 by Ord. No. 8-13-93]
A. 
Purpose. The purpose of this zone is to provide a mixed-use area under specific conditions to promote a suitable transition area between existing commercial/industrial uses and residential uses. This zoning also recognizes the changing character to certain areas caused by increased and increasing intensity of use with regard to Route 12 traffic. Low-intensity retail service facilities characterized by low traffic generation are also permitted.
B. 
In the PO/R Zone, the principal permitted uses shall be as follows:
(1) 
Principal permitted uses in the AR-2 Zone are permitted in the PO/R Zone.
(2) 
General and professional offices, including business, administrative and professional, including real estate, insurance, medical/dental or similar offices.
(3) 
Fiduciary or financial institutions such as banks or savings and loan institutions.
(4) 
Restaurants.
(5) 
Convenience grocery stores, antique stores, gift stores, pharmacies.
(6) 
Family day-care homes (as per N.J.S.A. 40:55D-66.5b).[2]
[2]
Editor's Note: Former Subsection B(7), community residences for the developmentally disabled and community shelters for victims of domestic violence, which immediately followed this subsection, was repealed 10-7-2003 by Ord. No. 12-10-2003.
C. 
Permitted accessory uses:
(1) 
Other uses and structures customarily incidental to a principal permitted use.
(2) 
Public and private parking, including garages.
(3) 
Signs as regulated under Article V.
(4) 
Private residential swimming pools, subject to the provisions of § 132-55.
(5) 
Travel trailers, vacation trailers and campers may be parked or stored on the lot only in side or rear yards. They shall not be used for temporary or permanent living quarters.
(6) 
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.
[Added 12-7-2010 by Ord. No. 16-16-2010]
(7) 
Affordable accessory apartments in accordance with § 132-26.
[Added 12-28-2018 by Ord. No. 19-23-2018]
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) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(1), Accessory apartments, was repealed 12-28-2018 by Ord. No. 19-23-2018.
(2) 
Home occupations.
(3) 
Barn conversions.
(4) 
Major solar or photovoltaic energy facilities or structures in accordance with Article IV, Supplemental Regulations, § 132-61; and Article VI, Conditional Uses, § 132-102P.
[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]
E. 
Supplemental requirements. The conversion of an existing residential structure to any nonresidential use shall only be permitted where the character of the existing structure is maintained to the greatest extent possible and all off-street parking and other requirements of this chapter are met. Any conversion of an existing residential building to a commercial use shall be consistent with the existing architecture.
F. 
Maximum building height shall be 35 feet or 2 1/2 stories.
G. 
Area and yard requirements. Requirements for new development in the PO/R District:
Requirement*
PO/R
PRINCIPAL BUILDING
Minimum lot area (acres)
2
Minimum lot frontage (feet)
200
Minimum lot width (feet)
200
Minimum lot depth (feet)
250
Minimum yards (feet)
Front
75
Rear
50
Side (each)
40
Maximum building coverage (percent)
15
Maximum floor area ratio: (percent)
15
ACCESSORY BUILDING
Minimum yards (feet)
Front
75
Rear
30
Side (each)
30
Minimum distance between buildings (feet)
20
Maximum building coverage (percent)
2
MAXIMUM LOT COVERAGE (percent)
40
NOTES:
  * Where an existing single-family residence is proposed for conversion to any permitted use in this district, the area and yard requirements for such conversion will be the same as those required for a VC-1 use in the VC-1 District.
H. 
Minimum off-street parking and loading.
(1) 
All dwelling units (except accessory apartments) shall provide a minimum of two parking spaces per unit plus 0.5 parking space per bedroom over the first bedroom. Fractional spaces shall be rounded up to the next whole number. Parking for accessory apartments shall be in addition to that required for the primary use.
(2) 
All lots shall provide a turnaround area on site so that all vehicles may exit in a forward direction.
(3) 
Parking and loading for nonresidential uses shall be provided in accordance with §§ 132-33H and 132-53.
(4) 
Parking areas shall be no closer than 15 feet to any street line or residential property line nor closer than five feet to any other property line, except for properties providing a shared parking arrangement with an adjacent use. The parking setback area shall be planted with a lawn or a lawn with shrubbery and in accordance with § 132-53.
[1]
Editor's Note: Former § 132-36, C Steep Slope Conservation District, as amended, was repealed 9-23-1968 by Ord. No. 6-13-88.
[Amended 9-18-1981 by Ord. No. 4-11-81; 10-30-1981 by Ord. No. 4-14-81; 4-20-1987 by Ord. No. 5-4-87; 8-12-1988 by Ord. No. 6-11-88; 3-6-2007 by Ord. No. 14-04-2007; 9-1-2009 by Ord. No. 15-10-2009]
A. 
Findings of fact.
(1) 
The flood hazard areas of the Township are subject to periodic inundation which results in loss of life and property; health and safety hazards; disruption of commerce and governmental services; extraordinary public expenditures for flood protection and relief; and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(2) 
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
B. 
Statement of purpose. It is the purpose of this article to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) 
Protect human life and health;
(2) 
Minimize expenditure of public money for costly flood control projects;
(3) 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) 
Minimize prolonged business interruptions;
(5) 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) 
Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7) 
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
(8) 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
C. 
Methods of reducing flood losses. In order to accomplish its purposes, this section includes methods and provisions for:
(1) 
Restricting or prohibiting uses which are dangerous to health, safety and property due to flood hazards, or which result in damaging increases in flood heights or velocities;
(2) 
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) 
Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;
(4) 
Controlling filling, grading, dredging, and other development which may increase flood damage; and
(5) 
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
D. 
Definitions. Unless specifically defined below, words or phrases used in this section only shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
APPEAL
A request for a review of the Zoning Officer's interpretation of any provision of this section or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH, or VO zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one-percent-annual-or-greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides. A basement may or may not include habitable floor area.
[Amended 4-12-2010 by Ord. No. 16-04-2010]
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
CELLAR
Any area of a building having its floor sub-grade (below ground level) on all sides that is used only for mechanical equipment accessory to the principal structure or for inhabitable space.
[Added 4-12-2010 by Ord. No. 16-04-2010]
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
(1) 
A non-basement building:
(a) 
Built in the case of a building in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water; and
(b) 
Adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood.
(2) 
In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) 
The overflow of inland or tidal waters; and/or
(2) 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, construction codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Four hundred square feet or less when measured at the longest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light duty truck; and
(4) 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348; 16 U.S.C. 3501 et seq.), includes substantial improvements and means the date the construction permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an a "historic structure."
TOWNSHIP
The Township of Kingwood, in the County of Hunterdon, New Jersey.
VARIANCE
A grant of relief from the requirements of this section that permits construction in a manner that would otherwise be prohibited by this section.
E. 
Lands to which this section applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the Township. This FP Floodplain District is an overlay zoning district whose regulations shall apply in addition to the regulations of the underlying zoning district (being one of the other zoning districts in Article III of this Chapter 132) in which the lands are situated.
F. 
Basis for establishing areas of special flood hazard.
(1) 
The areas of special flood hazard for the Township of Kingwood, Community No. 340499, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
[Amended 3-1-2012 by Ord. No. 17-01-2012]
(a) 
A scientific and engineering report "Flood Insurance Study, Hunterdon County, New Jersey (All Jurisdictions)" dated May 2, 2012.
(b) 
Flood Insurance Rate Map for Hunterdon County, New Jersey (All Jurisdictions) as shown on Index and Panel Nos. 34019C0214G, 34019C0216F, 34019C0217F, 34019C0218G, 34019C0219F, 34019C0236F, 34019C0238F, 34019C0240F, 34019C0302G, 34019C0304G, 34019C0306G, 34019C0307F, 34019C0308F, 34019C0309F, 34019C0312G, 34019C0316G, 34019C0317F, 34019C0326F, 34019C0327F, and 34019C0328F, whose effective date is May 2, 2012.
(2) 
The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study and maps are on file at the Municipal Building at Oak Grove Road and Route 519, Post Office Box 199, Baptistown, New Jersey 08803-0199.
G. 
Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a section violation. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof be fined not more than $1,000 or be imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case if allowed by law. Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation.
H. 
Abrogation and greater restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
I. 
Interpretation. In the interpretation and application of this section, all provisions shall be:
(1) 
Considered as minimum requirements.
(2) 
Liberally construed in favor of the Township.
(3) 
Deemed neither to limit nor repeal any other powers granted under state statutes.
J. 
Warning and disclaimer of liability.
(1) 
The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
(2) 
This section shall not create liability on the part of the Township, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.
K. 
Establishment of development permit.
(1) 
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 132-37F.
(2) 
Application for a development permit shall be made on forms furnished by the Zoning Officer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing.
(3) 
Specifically, the following information is required:
(a) 
Elevation in relation to mean sea level, of the lowest floor (including basement) of structures;
(b) 
Elevation in relation to mean sea level to which any structure has been floodproofed.
(c) 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 132-37O(2)(b); and
(d) 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
L. 
Designation of local administrator. The Zoning Officer is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
M. 
Duties and responsibilities of Zoning Officer. The duties of the Zoning Officer shall include, but not be limited to:
(1) 
Permit review:
(a) 
Review all development permits to determine that the permit requirements of this section have been satisfied.
(b) 
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(c) 
Review all development permits to determine if the proposed development is located in the floodway; if located in the floodway; assure that the encroachment provisions of § 132-37O3(a) are met.
(2) 
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 132-37F, Basis for establishing areas of special flood hazard, the Zoning Officer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 132-37O(2)(a), Specific standards, Residential construction, and § 132-37O(2)(b), Specific standards, Nonresidential construction.
(3) 
Information to be obtained and maintained.
(a) 
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(b) 
For all new or substantially improved floodproofed structures:
[1] 
Verify and record the actual elevation (in relation to mean sea level); and
[2] 
Maintain the floodproofing certifications required in § 132-37K(3)(c).
(c) 
Maintain for public inspection all records pertaining to the provisions of this section.
(4) 
Alteration of watercourses.
(a) 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and the Land Use Regulation Program, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(b) 
Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood carrying capacity is not diminished.
(5) 
Interpretation of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 132-37N.
N. 
Variance procedure.
(1) 
Appeal Board.
(a) 
The Zoning Board of Adjustment of the Township as established under the Municipal Land Use Law shall hear and decide appeals and requests for variances from the requirements of this section in the manner prescribed for variances under the Municipal Land Use Law.
(b) 
The Zoning Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Zoning Officer in the enforcement or administration of this section.
(c) 
Those aggrieved by the decision of the Zoning Board of Adjustment or any taxpayer may appeal such decision to the Superior Court of New Jersey as provided in the Rules of Court.
(d) 
In passing upon such applications, the Zoning Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section; and
[1] 
The danger that materials may be swept onto other lands to the injury of others.
[2] 
The danger to life and property due to flooding damage.
[3] 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
[4] 
The importance of the services provided by the proposed facility to the community.
[5] 
The necessity to the facility of a waterfront location, where applicable.
[6] 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
[7] 
The compatibility of the proposed use with existing and anticipated development.
[8] 
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area.
[9] 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
[10] 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
[11] 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(e) 
Upon consideration of the factors in § 132-37N(1)(d), the purposes of this section, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(f) 
The Zoning Officer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
(2) 
Conditions for variances.
(a) 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in § 132-37N(1)(d)[1] through [11] have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
(b) 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(c) 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(d) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(e) 
Variances shall only be issued upon:
[1] 
A showing of good and sufficient cause;
[2] 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
[3] 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 132-37N(1)(d), or conflict with existing local laws or ordinances.
(f) 
Any applicant to whom a variance is granted shall be given written notice by the Zoning Officer that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
O. 
Provisions for flood hazard reduction.
(1) 
General standards. In all areas of special flood hazards the following standards are required:
(a) 
Anchoring.
[1] 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
[2] 
All manufactured homes to be placed or substantially improved shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
[Amended 3-1-2012 by Ord. No. 17-01-2012]
(b) 
Construction materials and methods.
[1] 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
[2] 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(c) 
Utilities.
[1] 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
[2] 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;
[3] 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
[4] 
For all new construction and substantial improvements the electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
[Amended 3-1-2012 by Ord. No. 17-01-2012]
(d) 
Subdivision proposals.
[1] 
All subdivision proposals shall be consistent with the need to minimize flood damage;
[2] 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
[3] 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
[4] 
Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).
(e) 
Enclosure openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
[1] 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
[2] 
The bottom of all openings shall be no higher than one foot above grade.
[3] 
Openings may be equipped with screens, louvers or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.
(2) 
Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 132-37F, Basis for establishing areas of special flood hazard or in § 132-37M(2), Use of other base flood and floodway data, the following standards are required:
(a) 
Residential construction:
[1] 
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, together with attendant utilities and sanitary facilities, elevated to or above base flood elevation; and
[2] 
Within any AO Zone on the municipality's DFIRM, all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified), and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(b) 
Nonresidential construction: In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, either:
[Amended 3-1-2012 by Ord. No. 17-01-2012]
[1] 
Elevated to the level of the base flood elevation; and
[2] 
Within any AO Zone on the municipality’s DFIRM, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified) and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or
[3] 
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
[4] 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
[5] 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 132-37M(3)(b)[2].
(c) 
Manufactured homes.
[1] 
Manufactured homes shall be anchored in accordance with § 132-37O(1)(a)[2].
[2] 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.
(3) 
Floodways. Located within areas of special flood hazard established in § 132-37F are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(a) 
Prohibit encroachments, including fill, new construction, substantial improvements and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(b) 
If § 132-37O(3)(a) is satisfied, all new construction and substantial improvements must comply with flood hazard reduction provisions of § 132-37O, Provisions for flood hazard reduction.
(c) 
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 foot at any point.
P. 
Fees and escrows. At the time of filing an application for a development permit under this section, the applicant shall pay a filing fee of $_____ and establish an initial escrow deposit of $_____. Such fee and escrow deposits shall be governed by the terms of § 132-145B of this Code.
Q. 
National Flood Insurance Program compliance. Floodplain District regulations contained herein are adopted to maintain consistency and compliance in all aspects with the National Flood Insurance Program codified as 44 CFR Parts 59-78, as amended, to ensure that Kingwood Township remains eligible for participation in the National Flood Insurance Program. If any provision of this chapter is found to be inconsistent with any amendment or modification to the National Flood Insurance Program regulations codified as 44 CFR Parts 59-78, such amendment and modification shall have the full force and effect of law until such time as the Township’s Floodplain District regulations may be amended to address any such inconsistency.
[Added 3-1-2012 by Ord. No. 17-01-2012]
[Added 6-3-2003 by Ord. No. 12-6-2003]
A. 
Purpose. The purpose of the BC Byram Colony District is to provide for and protect the character of the existing Byram Colony area. The provisions set forth herein are in recognition that the colony is essentially fully developed.
B. 
Permitted principal 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) 
Detached single-family dwelling units.
(2) 
Public playgrounds, conservation areas, parks and public purpose uses.
(3) 
Churches and cemeteries.
(4) 
Firehouses, rescue squad facilities and government buildings.
(5) 
Family day-care homes (as per N.J.S.A. 40:55D-66.5b).[1]
[1]
Editor's Note: Former Subsection B(6), community residences for the developmentally disabled and community shelters for victims of domestic violence, which immediately followed this subsection, was repealed 10-7-2003 by Ord. No. 12-10-2003.
C. 
Accessory uses permitted. Accessory uses and structures to any of the above permitted principal uses are permitted as follows:
(1) 
Private residential swimming pools, subject to the provisions of § 132-55.
(2) 
Buildings for tools and equipment used for maintenance of the grounds. Such buildings shall not exceed 12 feet in height.
(3) 
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.
(4) 
Private garages.
(5) 
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]
(6) 
Small wind energy systems in accordance with the provisions of §132-50.D.
[Added 3-1-2012 by Ord. No. 17-02-2012]
D. 
Maximum building height. No building shall exceed 35 feet in height nor 2 1/2 stories, except that churches 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]
E. 
Area and yard requirements. The lot and building thereon shall comply with the following requirements:
Requirement
Detached Dwellings
Public/ Quasipublic
Principal building
Minimum lot area (square feet)
21,780
21,780
Minimum lot frontage (feet)
50
100
Minimum lot width (feet)
50
100
Minimum lot depth (feet)
200
200
Minimum yards (feet)
Front
The greater of 20 feet or the average of the actual existing setback from the line of the Delaware River of principal structures on each adjoining lot
75
Rear
40
40
Side (each)
5
10
Maximum building coverage (percent)
20
20
Accessory building
Minimum yards (feet)
Front
The frontyard setback as determined above plus 20 feet
100
Rear
10
30
Minimum distance between buildings (feet)
5
10
Maximum building coverage (percent)
15
15
Maximum lot coverage
40
40
F. 
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.
G. 
Minimum off-street parking.
(1) 
The minimum requirement shall be two spaces per dwelling unit plus 1/2 space per bedroom over the first bedroom. Fractional spaces shall be rounded up to the next whole number.
(2) 
Only those parking spaces meeting the dimensions of this chapter shall be counted in meeting the minimum number of parking spaces.
(3) 
All lots shall provide a turnaround area on site so that all vehicles may exit in a forward direction.
(4) 
Churches shall provide one space for every five permanent seats (one seat equaling 22 inches for pews and benches).
(5) 
See § 132-53 for additional standards.
H. 
Signs are permitted subject to Article V.
I. 
Fences. Fences shall be permitted subject to the following limitations:
(1) 
No fence may have any spot elevation that is greater than six feet above the ground surface.
(2) 
No fence may be of solid construction or have a solid covering.
(3) 
Any fence structure shall comply with all regulations with any state and federal agencies regarding construction on the bank of the Delaware River.
[Added 10-7-2003 by Ord. No. 12-10-2003]
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries shall be a permitted use in all residential districts of the Township, and the requirements therefor shall be the same as for single-family dwelling units located within such districts.
[Added 12-17-2012 by Ord. No. 17-16-2012]
A. 
Purpose. The purpose of the Eastern Gateway Village Center Overlay District is to establish a framework for planned development with a diversity of uses that enables a transition from conventional strip highway commercial zoning along the Route 12 corridor to a "center-based" zoning approach. This zoning district includes an inclusionary affordable housing development requirement on Block 15, Lot 8, within the Mixed Use Core Subdistrict, and Block 21, Lot 1, within the Artisan and Commercial Subdistrict at fixed densities and affordable housing set-asides that may be stand-alone residential development or mixed-use development. However, all mixed-use and nonresidential development on Block 15, Lot 8, and Block 21, Lot 1, is permitted only in conjunction with inclusionary affordable housing development at the minimum density and affordable housing set-asides prescribed below.
[Amended 4-5-2018 by Ord. No. 19-08-2018]
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ARTISAN LOFT BUILDINGS
Buildings with open floor plans in a loft style that are adaptable to use by artisans, craftsmen, artist work spaces, studios, etc., of various sizes and configurations and where support facilities are shared by various commercial tenants or unit owners in a fashion similar to a business "incubator" in order to keep costs affordable for start-up enterprises.
CO-HOUSING UNITS
Dwelling units within one or more buildings with common facilities such as a large kitchen and dining room where residents can take turns cooking for each other. Other facilities may include a laundry, pool, child-care facilities, offices, internet access, guest rooms, game room, TV room, tool room or a gym. Through spatial design and shared social and management activities, co-housing facilitates intergenerational interaction among neighbors. There are also economic and environmental benefits to sharing resources, space and items.
LIVE-WORK UNITS
Any dwelling unit that includes attached work space, whether shared in common with other dwelling units as a "limited common element" of a condominium or used exclusively by the occupant of the dwelling unit. Such attached work space may include a kitchen and recreational space to facilitate live-work activities, but shall not constitute a separate dwelling unit.
C. 
Permitted uses.
(1) 
Mixed Use Core Subdistrict.
[Amended 4-5-2018 by Ord. No. 19-08-2018]
(a) 
Block 15, Lot 8, Mixed Use Core AH Overlay.
[1] 
Inclusionary residential development affordable housing in the form of townhouses or multifamily housing, such as garden apartments, in accordance with the density and set-aside standards identified at § 132-40E.1.
[2] 
All other permitted uses in the Mixed Use Core Subdistrict below [§ 132-40C(1)(b) through (e)], only when developed with inclusionary residential development with affordable housing at the density and set-aside standards identified at § 132-40E.1.
(b) 
All uses permitted in the Village Commercial (VC-1) Zone, except that supermarkets are also permitted.
(c) 
Multifamily units above ground-level retail (mixed use).
(d) 
Townhomes, with or without co-housing units.
(e) 
Multifamily residential buildings, with or without co-housing units, on sites served by a centralized wastewater collection system.
(f) 
Planned unit development, inclusive of all uses permitted in Subsection C(1)(a) through (e) above, on tracts of 10 acres or greater, served by a centralized wastewater collection system.
(2) 
Commercial and Artisan Subdistrict.
[Amended 4-5-2018 by Ord. No. 19-08-2018]
(a) 
Block 21, Lot 1, Commercial and Artisan AH Overlay.
[1] 
Inclusionary residential development affordable housing in the form of townhouses or multifamily housing, such as garden apartments, in accordance with the density and set-aside standards identified at § 132-40E.1.
[2] 
All other permitted uses in the Commercial and Artisan Subdistrict below [§ 132-4C(2)(b) through (e)], only when developed with inclusionary residential development with affordable housing at the density and set-aside standards identified at § 132-40E.1.
(b) 
All uses permitted in Business Park (BP) except for warehousing, manufacturing and lumber yards.
(c) 
Live-work dwelling units.
(d) 
Artisan loft buildings.
(e) 
Planned unit development, inclusive of all uses permitted in Subsection C(2)(a) through (d) above, on tracts of 10 acres or greater served by a centralized wastewater collection system.
(3) 
Professional Office/Residential Subdistrict:
(a) 
All uses permitted in the Professional Office/Residential (PO/R) Zone.
(b) 
Townhomes on sites served by a centralized wastewater collection system.
(c) 
Multifamily residential buildings on sites served by a centralized wastewater collection system.
(d) 
Planned unit development, inclusive of all uses permitted in Subsection C(3)(a) through (c) above, on tracts of 10 acres or greater served by a centralized wastewater collection system.
D. 
Permitted accessory uses. Accessory uses and structures are permitted that are customarily incidental and subordinate to, and located on the same lot as a principal permitted use.
E. 
Development standards.
(1) 
Nonresidential development shall conform to the following schedule of regulations.
Table 1. Schedule of Height and Bulk
Proposed EGVC Overlay
Minimum lot area
1 acre; 3 acres: multiple buildings
Minimum lot frontage; Property must front on Route 12 or Barbertown-Point Breeze Road
200 feet: single building
400 feet: multiple buildings
Minimum front setback
40 feet: 50 feet from Route 12
Minimum rear setback
30 feet; not less than adjacent residential requirement
Minimum side setback
20 feet
Minimum both sides
40 feet
Minimum accessory building setbacks
10 feet
Minimum floor area
7,500 square feet;
35,000 square feet; multiple buildings
Maximum lot coverage by buildings (%)
Maximum impervious coverage
60% Subject to the purchase of development credits for any development beyond 45% impervious surface coverage of the project site where centralized wastewater collection is provided
Maximum floor area ratio
0.3 < 3 acres;
0.25 > 3 acres
Maximum residential density
12 du/net acre*: Townhouse and mixed use with purchase of TDR credits on sites connected to centralized wastewater collection service;
20 du/net acre: Multifamily with purchase of TDR credits on sites connected to centralized wastewater collection service; total residential yield may be increased by two residential units for every deed-restricted offordable unit provided
Maximum structure height
3 stories and 35 feet;
4 stories and 48 feet with purchase of TDR credits on sites connected to centralized wastewater collection service
*Net acre shall mean gross acreage minus streets, driveways and land devoted exclusively to nonresidential uses on the same site.
(2) 
Residential development shall conform to the following standards.
(a) 
No multifamily residential structure shall contain neither fewer than four nor more than 12 dwelling units, except that any building containing deed-restricted affordable units may contain up to 24 dwelling units.
(b) 
A minimum of 10% of all dwelling units in any single project must be set aside and deed restricted as affordable units for occupancy by low- or moderate-income households.
(c) 
Driveways for ingress and egress shall connect with other than minor streets wherever possible and shall have a pavement width of at least 40 feet except where they are within a parking area, in which case they shall be not less than 25 feet in width. There shall be not less than two exit-entrance roads to each garden apartment project. All projects for which a major site plan approval is required must demonstrate that cross-access easements to connect interior roads and parking to adjacent previously developed sites are not feasible when proposing a new driveway cut directly on Route 12.
(d) 
Parking areas may be located in any yard other than the required front yard, but not closer than 25 feet to any property line, and shall comply with all other requirements of the parking regulations applicable to all zones as provided in this chapter.
(e) 
Courtyards bounded on three or more sides by the wings of the same building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot of height of the tallest building.
(f) 
Every building shall have a minimum setback of 10 feet from all interior roads, driveways and parking areas.
(g) 
Every development shall be provided with garbage and refuse storage and collection areas suitable for containerized collection, screened from view by a solid fence on three sides and located away from the fronts of buildings. Collection shall be the responsibility of the owner.
(h) 
In addition to any storage area within individual dwelling units, 200 cubic feet of storage area for each dwelling unit shall be provided in a convenient, centrally located area in the building, where personal belongings and effects may be stored under lock and separate from the belongings and effects of other occupants.
(i) 
Walls of a structure or parallel walls of adjacent structures shall not continue in the same plane for a length of more than 75 feet without an offset of at least four feet.
(j) 
Each development shall provide a recreation area or areas at a standard of 1,000 square feet for each 12 dwelling units. Outdoor recreation equipment shall be installed in each recreation area in sufficient amount and variety to service the occupants of the development.
(k) 
Laundry facilities may be located within structures for the use and convenience of residents of the project. Such facilities shall be appropriately controlled to preclude their use by nonresidents of the project.
(l) 
Multifamily development within any planned development shall not contain less than sixty-percent one- or two-bedroom units nor more than twenty-percent three-bedroom units nor more than twenty-percent studio units. Every dwelling unit shall have a minimum gross area in accordance with the following:
[1] 
Studio unit: 500 square feet.
[2] 
One bedroom unit: 700 square feet.
[3] 
Two bedroom unit: 800 square feet.
[4] 
Three bedroom unit: 1,000 square feet.
(m) 
Entrances to residential buildings shall be clearly accentuated by architectural features and provide direct access to plazas or courtyards as opposed to parking areas.
(n) 
Individual units shall be accessed through common internal lobbies or vestibules.
(o) 
A pedestrian circulation plan shall be submitted as part of the site plan review process that demonstrates a safe and workable pedestrian system throughout the site with direct pedestrian access to Route 12.
(p) 
Parking shall be no closer than 20 feet to a wall of a residential building. The twenty-foot setback area shall contain a sidewalk and be suitably landscaped.
(3) 
Supplementary standards, nonresidential uses. In addition to the area and bulk requirements in Subsection E above, the following requirements shall also be applied:
(a) 
There shall be no parking or outside display or storage of materials or merchandise in a required front yard area.
(b) 
When a written agreement is provided by adjoining property owners, no side yard is required between properties of separate ownership where two or more commercial uses abut side to side. A series of abutting structures paralleling a public right-of-way shall provide an unobstructed passage of at least 30 feet in width at intervals of not more than 200 feet.
(c) 
More than one principal structure is permitted on lots of three acres or more with a minimum frontage on Route 12 of 400 feet; and where access to Route 12 is controlled by a signalized intersection. The minimum distance between freestanding principal buildings on the same site is 40 feet.
(d) 
As viewed from the street, buildings shall have at least 50% of the front facade located as close to the street line as is allowed in the schedule of area requirements.
(e) 
A required rear yard that is adjacent to a residential zone shall be no less than the rear yard requirements in the adjacent residential zone.
(f) 
Landscaped areas and sidewalks shall be provided along the highway edge in accordance with Subsection F(1)(h).
(g) 
Whenever feasible, mass transit opportunities shall be enhanced through the incorporation of design features that accommodate bus and shuttle service such as shelters, street furniture, and pull-off lanes within reasonable proximity to major uses and destinations.
(4) 
Supplementary parking requirements. In addition to the requirements in § 132-53, the following standards shall also be applied in the EGVC Overlay Zone:
(a) 
Off-street parking spaces shall be provided on the same lot as the use which they are intended to serve or on an adjacent lot in common ownership.
(b) 
Shared parking arrangements among adjacent properties not under common ownership may be permitted if the owners demonstrate to the satisfaction of the Planning Board that the supply of parking spaces will be adequate to service the aggregate demand of the uses sharing the parking based on such factors as alternating peak hours; and that the shared arrangement will allow a reduction in impervious coverage of the site below the maximum permitted in the zone and will provide a more efficient circulation pattern including a reduction in curb cuts and access points on Route 12.
(c) 
No parking space shall be closer than 10 feet to any building to allow for pedestrian circulation to and between stores.
(d) 
In no case shall the number of parking spaces exceed the minimum requirements by more than 5%.
E.1. 
Supplemental development standards for Block 15, Lot 8, Mixed Use Core AH Overlay, and Block 21, Lot 1, Artisan and Commercial AH Overlay.
[Added 4-5-2018 by Ord. No. 19-08-2018]
(1) 
The required minimum residential densities and affordable housing set-asides within Block 15, Lot 8, Mixed Use Core AH Overlay, and Block 21, Lot 1, Artisan and Commercial AH Overlay, shall be as follows:
(a) 
Townhouse development: 12 dwelling units per acre with an affordable housing set-aside of 20%; and/or
(b) 
Multifamily housing, such as garden apartments: 16 dwelling units per acre with an affordable housing set-aside of 15%.
(c) 
Townhouse and multifamily, at the prescribed densities and set-asides identified above, may be mixed on a single parcel of land.
(2) 
Minimum lot size: 10 acres.
(3) 
Public water and sewer service: The developer shall provide public water and sewer service (or alternative wastewater treatment facilities).
(4) 
No nonresidential development shall be permitted within Block 15, Lot 8, Mixed Use Core AH Overlay, and Block 21, Lot 1, Artisan and Commercial AH Overlay, unless developed with residential development at the prescribed densities and affordable housing set-asides identified in § 132-40E.1(1)(a), (b) and (c) above.
(5) 
All development within Block 15, Lot 8, Mixed Use Core AH Overlay, and Block 21, Lot 1, Artisan and Commercial AH Overlay, shall conform to the provisions and development standards set forth in § 132-40A through G.
(6) 
Affordable housing development within Block 15, Lot 8, Mixed Use Core AH Overlay, and Block 21, Lot 1, Artisan and Commercial AH Overlay, shall comply with the standards and requirements for inclusionary zoning set forth in Chapter 83, Article II, Third-Round Affordable Housing Regulations, and the applicable provisions of N.J.A.C. 5:93-1 et seq., as amended and supplemented, N.J.A.C. 5:80-26.1 et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985.
(7) 
Whenever nonresidential or mixed-use development is included in an inclusionary affordable housing development, the applicant shall provide a development phasing plan to ensure that the required affordable housing receives certificates of occupancy prior to the receipt of a certificate of occupancy for any nonresidential or mixed-use development included in the development. The Planning Board shall condition approval upon the development and occupancy of affordable housing prior to occupancy of nonresidential or mixed-use development.
F. 
Planned unit development (PUD) standards. Planned unit developments in the EGVC Overlay Zone shall be developed in accordance with the following standards:
(1) 
Design Standards for PUD. The following design standards will be applied to all development in a PUD within the EGVC Overlay Zone. Any elements not covered by these standards will be subject to other appropriate provisions of the Kingwood Township Zoning Ordinance. In order to ensure conformance with this section, all development applications submitted under this section, inclusive of architectural renderings to demonstrate compliance with Subsection F(1)(a)[9] below, will require review by the Township's appointed traffic engineer, architect, landscape architect and LEED Accredited Professional (LEED AP), in addition to the Board's professionals, at the applicant's expense.
(a) 
General.
[1] 
Number of principal structures. More than one principal structure is permitted in the PUD as part of a comprehensive development plan.
[2] 
Minimum tract size: 10 acres.
[3] 
Clustering on noncontiguous parcels. Open space required under Subsection F(1)(d)[2] of this section may be met through preservation or restoration of open space on a parcel that is noncontiguous with the parcel being developed, but located within the same PUD in the EGBVC District.
[4] 
Subdivisions. Individual lots may be subdivided within a PUD tract to satisfy certain financing, ownership or management requirements, provided that the PUD continues to function as one comprehensive unit including cross-access and maintenance agreements.
[5] 
Solar orientation. Street networks for new PUDs shall be laid out in accordance with the following standards:
[a] 
Block orientation. Design street network so that 75% or more of the blocks have one axis within plus or minus 15° of geographical east-west and that the east-west length of those blocks are at least as long as the north-south lengths of the blocks. (See LEED for Neighborhood Development [(LEED-ND) Green Building and Infrastructure Credit 10 (GIB c10) Option 1.]
[b] 
Building orientation. Design and orient 75% or more of the total building square footage (excluding existing buildings) such that one axis of each building proposed as part of the PUD is at least 1.5 times longer than the other, and the longer axis is within 15° of geographical east-west, excluding garages, arcades or porches. The surface area of south-facing vertical surfaces and slopes of roofs of buildings counted within the building square footage above must not be more than twenty-five-percent shaded at the time of initial occupancy, measured at noon on the winter solstice.
Figure 2: Source - LEED 2009 for Neighborhood Development Rating System, GIBc10 Option 2
[6] 
Block dimensions (connectivity). Blocks shall be designed so that internal streets within a PUD intersect with another street, alley or nonmotorized right-of-way (e.g., bicycle or multipurpose path) within a distance not exceeding 400 feet and that a minimum intersection density of 300 intersections per square mile is achieved within the Mixed Use Core and Professional Office-Residential Subdistricts of the PUD. [See-LEED-ND Neighborhood Pattern & Design Credit 6, (NPDc6) "Street Network".]
[7] 
Setbacks. All principal and accessory structures in the PUD will conform to the setbacks listed in Table 2.[1] No parking or loading facilities are permitted in these setback areas. All setback areas are to be suitably landscaped consistent with the project's overall landscaping and open space plan. That portion of any required setback that is located along Route 12 shall be subject to the requirements of Section H.
[1]
Editor's Note: Table 2 follows Subsection F(1)(a)[9].
[8] 
LEED certification. At least one building within a PUD must be designed to earn enough points to be eligible for certification within the LEED NC (Leadership in Energy and Environmental Design for New Construction and Substantial Renovation) or LEED EB (LEED for Existing Buildings) rating systems of the USGBC (United States Green Building Council).
[9] 
Architectural design guidelines. The architectural design intent for the Eastern Gateway Village Center is that the visual appeal as it builds out is one of gradual organic "eclectic" development over several generations rather than adopting one architectural style for the entire PUD or subarea. Using the historic hamlet of Baptistown as a point of reference, the architectural styles of residential and commercial buildings from the 18th Century ("Early Colonial" - Baptistown was founded in 1720); mid 19th Century (pre-"Victorian" and "Victorian" styles — The "Early Colonial" Old Stone Church, shown below right was built in Baptistown in 1837); and early 20th Century ("Folk Victorian" and "Colonial Revival" - Figure 4), shall be incorporated into all PUDs.
Figure 3: Examples of Early Colonial style architecture
Figure 4: Upper left - Pre-Victorian mixed-use building; Upper center and right - Victorian residential buildings; Lower - Colonial Revival residential and mixed-use
Table 2
Required Setbacks for all Buildings Planned Unit Development (PUD) in EGVCEGVC
Minimum setback from:
Adjoining residential property lines outside of the PUD
300 feet (commercial buildings); 100 feet (residential and mixed use buildings)
Adjoining commercial property lines outside of the PUD
20 feet
Route 12
50 feet
[10] 
Building setbacks. Building setbacks shall comply with Table 2 above. Where there are no specific yard requirements, all structures will be arranged to provide adequate light and air, a safe and efficient pedestrian and vehicular circulation system, the maximum amount of open space, appropriate access for the maintenance of all structures, and a visually pleasing environment. The final layout of all structures in the PUD will be subject to the approval of the Township Planning Board during the site plan review process.
[11] 
Building separation. The minimum yard requirements of the schedule apply to the entire tract, and no buildings shall be located within such yard areas. The minimum distance between buildings shall be 25 feet, except that no wall containing an entrance to a dwelling unit shall be closer than 50 feet to another wall of another structure or accessory building, measured perpendicular to the wall containing the entrance.
[12] 
Building height.
[a] 
The maximum height of all buildings in the PUD is three stories and 35 feet, except that buildings may be increased to four stories and 48 feet in height through the purchase of TDR Credits, should a TDR Program be instituted by the Township via the adoption of a Development Transfer Ordinance approved by the State Agricultural Development Council (SADC). The Planning Board may allow exceptions to the height limitations for architectural features (such as the corner treatments illustrated below), ornamentation and rooftop mechanical equipment during the site plan review process if it can be demonstrated that the exception will contribute to the architectural theme of the development or is necessary for the safe and efficient operation of the building; and will not create a visual detriment to surrounding properties. All rooftop mechanical equipment must be screened from view.
[b] 
The proportion and distribution of building heights may be varied by the Planning Board upon presentation of more detailed architectural plans for the various sections of the PUD that evidences a preferable design alternative such as articulating corners as illustrated below. An overall ratio of one foot of building height per three feet of street width on both sides of a street (or 1.5 feet of distance between building and street centerline on one side of a street) shall be maintained for 15% of all new building frontage. (See Figure 5.)
Figure 5: The ratio of building height to street width is the average taken along a block front. In the illustration below the average ratio is greater than 1:1.5 for one side of the block.
[13] 
Land coverage. Total impervious coverage within a PUD should be kept to a minimum but in no case shall it exceed 45% of the total tract. The impervious surface coverage may be increased beyond 45% in one or more sections of the PUD, identified in the Comprehensive Development Plan, with the purchase of development credits subject to the establishment of a Kingwood Township Transfer of Development Rights Program and adoption of a Development Transfer Ordinance. The amount of additional impervious surface coverage permitted beyond 45% for such sections of the PUD shall be the minimum required for the buildings and associated parking for that section based upon the total number of development credits used in that section. The developer must show compliance with all applicable wetland, stream encroachment and stormwater requirements and the requisite purchase of development credits or recorded easements documenting the transfer of development credits to the project site. Noncontiguous clustering may be used to meet these requirements pursuant to Subsection F(1)(a)[3].
[14] 
Maximum residential units. The maximum density per net acre of lot area minus street and driveway area shall comply with Table 1[2] herein. No multifamily residential or mixed-use structure shall contain neither fewer than four nor more than 12 dwelling units, except that any building containing deed-restricted affordable units may contain up to 24 dwelling units.
[2]
Editor's Note: Table 1 is located in Subsection E(1).
[15] 
Commercial floor area. Total commercial space in the PUD shall not exceed the lesser of 200,000 square feet or 80% of the gross floor area, excluding any structured parking. No single store shall exceed 80,000 square feet of gross floor area.
(b) 
Residential.
[1] 
Residential buildings will be designed to provide architectural interest and residential character and avoid a monolithic box-like appearance. Pitched roofs are required and architectural embellishments such as dormers are encouraged. Windows should be provided in all building facades to avoid monotonous blank walls. The front of each building will be oriented toward a street or courtyard. Accessory buildings will be designed to complement the principal structures.
[2] 
Townhome blocks may vary from a minimum of three to a maximum of eight units. Front wall setbacks should vary to provide visual interest.
[3] 
Active and passive recreational areas and other public and/or semipublic open space, such as courtyards, plazas, and pedestrian walkways shall be designed and located to promote their use and enjoyment by residents of the development pursuant to Subsection F(1)(d). All landscape plantings within these areas shall utilize deer-resistant plant species.
[4] 
All townhouse units will be arranged to face a public street. Roofs should be either gable or hip; dormers are encouraged. Flat roofs are not permitted.
Table 3
Townhouse Bulk Standards
Minimum lot depth
100 feet
Minimum lot width
20 feet; 30 feet on corner lots
Minimum lot area
2,000 square feet
Minimum front yard
15 to 17 feet
Minimum rear yard
45 feet
Minimum side yard
0 interior; 5 feet on corners
Maximum building height
3 stories or 35 feet
Maximum townhouse lot coverage by impervious surfaces
45% (60% with purchase of TDR credits)
[5] 
Each townhouse will have a covered front porch defining the entry, which may be located within the required front yard. The entry porch should be at least four feet deep and about five feet wide. The porch roof must complement the roof style of the main structure.
[6] 
Each townhouse will have a detached single-car garage at the rear of the property. Garages will be accessed from a rear alley and be set back four feet from the alley. Under no circumstances are driveways, curb cuts or parking spaces permitted in the front yard. Garages are to be designed to complement the scale and style of the residential unit including elements such as siding, roof, windows and color.
[7] 
The townhouse development will include a rear alley, which shall be set aside as a right-of-way, but remain a common element and maintained by the private ownership entity responsible for common elements. The alley will provide access to the garages and additional parking as well as for deliveries and garbage pickup. The alley and parking areas are to be restricted to townhouse residents and guests. The alley and parking areas are to be designed to discourage through traffic, accommodate safe pedestrian circulation and to minimize paved areas. All portions of the area not absolutely required for the alley or parking shall be landscaped.
[8] 
The residential parking area must be separated from the adjoining commercial properties by a landscaped buffer area at least 10 feet wide.
[9] 
Front yard fences and fences at corners will be no higher than three feet and be of an open-type design such as vertical rails or pickets. Front porch railings and front yard fences should be of complementary materials and design details and painted to be compatible with the house. Fences separating properties will be no higher than five feet and may be solid in design. Fences along the alley cartway shall be no taller than three feet high if solid or five feet if open to maintain a pleasant pedestrian environment along the alley. Chain-link fences are prohibited in all cases. Hedges are to be maintained at the same height as fences.
(c) 
Commercial.
[1] 
Stand-alone retail buildings shall be designed so that front facades have architectural breaks resembling individual storefronts. Building heights will range from one to two stories. Street level facades must contain storefront windows covering at least 50% of the surface area.
[2] 
All buildings are required to have entrances accessed directly from a sidewalk or plaza. Upper floors are to be provided with separate exterior entrances unless a large common lobby or atrium is provided. Sidewalks should extend from the building facade to the curb (with appropriate accommodations for street trees) for the purpose of facilitating pedestrian movement and creating opportunities for outdoor eating and shopping areas, and street furniture.
[3] 
First floor facades in commercial buildings shall have large, clear storefront glass areas (50% to 70%) to display the nature of the business and produce an interesting streetscape. Storefront windows may be either typical large, single pane or multiple smaller panes separated by mullions. All facades shall provide an appropriately sized glass area coupled with interesting architectural details to avoid long blank walls, which are discouraged.
[4] 
In a multi-tenant building, each shop will have its own shop front. The shop fronts may either have identical designs to reinforce the building design or varied designs to express the different businesses. A shop front shall be separated from the roofline or a second floor by a horizontal architectural element such as a sash, cornice, frieze, molding, etc.
[5] 
Buildings may have awnings or canopies, where appropriate, to complement the architectural style of a building. The design of awnings and canopies will be architecturally compatible with the style, materials, colors and details of such buildings and should not conceal significant architectural features, such as cornices, columns, pilasters or other trim details. Internally illuminated or backlit awnings and canopies are prohibited.
[6] 
All ground-level awnings and canopies shall comply with the following standards:
[a] 
The maximum height from ground level to uppermost portion of an awning or canopy will not exceed the height of the sill or bottom of any second story window or 15 feet whichever is less. In the case of single-story buildings, the maximum height will not exceed 12 feet or the top of the wall whichever is less.
[b] 
The minimum height from ground level to lowermost portion of awning or canopy will be eight feet.
[c] 
The maximum horizontal projection dimension of an awning from the building wall, including any appurtenances, will not exceed six feet from the building face. Awnings may project over a public sidewalk but will not be closer than two feet of the vertical plane of the curb edge or the edge of any other public right-of-way.
[d] 
The maximum total vertical dimension of an awning will not exceed the total horizontal projection dimension.
[e] 
An awning's surfacing material will be constructed of canvas, cloth or vinyl.
[f] 
No awning will contain more than two colors plus white. The color of any sign, messages or other graphic features will be included in the number of colors. The colors must be compatible with the architectural color scheme of the entire building.
[g] 
On buildings with multiple storefronts, compatible awning and canopy frame styles will be used as a means of unifying the structure.
[h] 
A business at street level may include identification signage on a canopy or awning subject to the following restrictions:
[i] 
The sign will only be located on the front portion of the awning commonly known as the "valance." If a valance is not provided, the sign graphics will be restricted to the lowest 14 inches of the awning parallel to the building wall face.
[ii] 
An awning sign will be professionally sewn or painted.
[iii] 
The maximum height of letters, individual numbers or other characters or images on the awning will not exceed 12 inches.
[iv] 
No single awning will contain sign messages for more than two business establishments.
(d) 
Public plazas and green space.
[1] 
Any portion of the PUD that is not absolutely required for buildings or parking shall be devoted to public plazas and green space, and 90% of the building frontages with public entrances shall front on streets (not parking lots) or plaza/green spaces with such plazas/green spaces being at least 50 feet in width perpendicular to the building entrances (per LEED-ND NPD Prerequisite 1). These areas shall be designed to provide:
[a] 
Amenities to the residents of the PUD (which may include low-intensity open-air recreation activities);
[b] 
A lively human-scale street environment for shoppers;
[c] 
Protection for environmentally sensitive features;
[d] 
Mitigation of "heat island" effects (shading of fifty-percent paved areas or use of highly reflective materials per LEED-NC rating system);
[e] 
A workable pedestrian and bicycle circulation system;
[f] 
Appropriate visual and noise buffers; and
[g] 
A soft transition between the PUD and neighboring residential uses.
[2] 
To ensure that the overall plan for the PUD promotes and encourages a suitable environment devoted to civic spaces and open space, not less than 30% of the entire PUD shall be either preserved or restored open space, of which not less than 10% shall be designed as usable small public parks or plazas situated in accordance with an approved concept plan. To that end, landscaped areas such as parking islands, roadway medians, and planting strips shall not be counted towards the open space requirement. However, stormwater management features, such as retention ponds, stormwater detention areas, rain gardens (bio-retention basins) and the equivalent that are designed to create or supplement landscaped buffers, open space areas or wildlife habitat and are reasonably accessible to the public may be counted toward the minimum open space requirements. Rain gardens of 2,500 square feet or greater that are incorporated into parking lots as a component of stormwater management and which are designed into the pedestrian circulation system with a sitting area adjacent to the rain garden/bio-retention basin and accessible from the walkway may be included in the open space counted towards the twenty-five-percent requirement.
Figure 6: Concept design for rain garden eligible for inclusion in required open space
(e) 
Additional sustainable design requirements.
[1] 
Appropriate design features will be incorporated to accommodate potential bus or shuttle service at appropriate locations within each planned development. Features may include such elements as shelters, street furniture, information kiosks and pull-off lanes located within reasonable proximity to major uses, not to exceed 1,250 feet walking distance. For purposes of establishing a consistent design vocabulary for the EGVC, all new bus shelters and kiosks should be equivalent in design and appearance as is shown below:
Figure 7: Bus Shelter (Duo-gardTM)
Figure 8: Kiosk (Maglin MLK103 with accessory roof)
[2] 
Public rights-of-way will be designed to meet all local, state and federal standards. Final determination as to the acceptance of streets within the planned development by the Township as public streets shall be made by the Township Committee. All pedestrian crossings will utilize materials and colors to readily distinguish vehicular from pedestrian travel ways. All streets, public or private, fronted by buildings with primary access points should be planted with street trees at an average spacing of 30 to 40 feet consistent with the project's overall landscaping and open space plan. All landscape plantings shall utilize deer-resistant plant species. Light foliaged trees (Ginkgo, honey locust, ash, etc) are encouraged in front of commercial uses to increase visibility of signage.
[3] 
All rooftop mechanical equipment and other appurtenances visible from six feet above grade within 100 feet of the building shall be concealed by or integrated within the roof form and screened from the view of all adjoining properties and building floors or nearby streets. The following, when above the roofline, requires screening: stairwells, elevator shafts, air-conditioning units, large vents, heat pumps, and mechanical equipment.
[4] 
All wall-mounted mechanical, electrical, communication, and service equipment, including satellite dishes and vent pipes, shall be screened from public view by parapets, walls, fences, architectural grills, landscaping, or other approved measures.
[5] 
Solid security gates or solid roll-down metal windows shall not be permitted. Link or grill-type security devices shall be permitted only if installed from the inside, within the window or door frame. Security grills shall be recessed or concealed during normal business hours.
[6] 
Front yard fences shall be permitted at a height not to exceed three feet and shall be less than sixty-percent solid.
[7] 
The developer will prepare a landscaping and open space plan for review by the Planning Board. The plan will be prepared by a licensed landscape architect and specifically address and demonstrate how each of the above objectives is achieved. These performance standards take the place of any landscaping or buffer requirements currently in the Kingwood ordinances.
(f) 
Parking, loading and bicycle storage facilities.
[1] 
Parking for residential uses will be provided in conformance with the New Jersey Residential Site Improvement Standards.
[2] 
At least 50% of the total proposed parking for a PUD shall be provided through the use of parking structures in order to conserve land, reduce heat island effects, reduce stormwater runoff and reduce walking distances. However, the use of surface parking may be substituted for structured parking for all or a portion of this requirement subject to the submission of an economic feasibility analysis documenting that the cost of structured parking is prohibitive. When structured parking is economically feasible and is incorporated into the design of a PUD, it must be architecturally integrated into the principal commercial buildings or lined with commercial or residential structures. Structured parking shall be designed to provide architectural interest and soften the appearance of large concrete facades. Upper floors must be screened with landscaping, walls, architectural elements or other decorative features.
Figure 9: Example of architecturally integrated parking structure
[3] 
Whenever possible, surface parking should be located to the side or rear of the building. Parking areas are prohibited between the street right-of-way and the front facade of a building, provided that a regional retail use (department store, supermarket, wholesale club, warehouse retail) may have parking located adjacent to the main public entrance and exit, provided that such parking is designed so as not to discourage pedestrian access to the use from other areas of the PCD.
[4] 
Where individual garages are provided for townhouse units, they will be accessed from the rear of the unit. Front-loaded garages are prohibited to prevent cars from being the dominant feature of the development and from interrupting the pedestrianway. Where common garages are provided for either townhouses or multifamily buildings, they will be located and designed to be minimally visible from the street. Guest parking for townhouse and multifamily buildings may be provided on street and in parking areas for nonresidential uses that are not active in the evenings or on weekends.
[5] 
Surface lots shall be extensively landscaped or designed with a combination of interior and perimeter landscape treatments that mitigate against the adverse visual impact, heat island effect and the generation of stormwater runoff. Tree islands are recommended at the ends of each aisle and interspersed within aisles to provide visual relief from long expanses of parking and to guide circulation. All commercial parking areas shall be broken up into sections separated by landscaped islands wide enough to incorporate a pedestrian walkway flanked by five-foot minimum planting strips to support medium-sized shade trees or ornamental trees. The pedestrian walkways shall be designed into the overall pedestrian and bicycle circulation system within the Town Center.
[6] 
To connect parking lots to destination points, internal pedestrian pathways will be included to protect pedestrians from vehicles and to connect the parking lot to adjoining streets and commercial and residential properties. Pathways will contain consistent design and landscaping elements, which relate to the overall design of the project. The materials and colors used for the pedestrian paths will distinguish vehicular travel ways from pathways designed for pedestrian use.
[7] 
Loading and service areas will be designed, located and arranged to be of appropriate size for the intended use; so as not to interfere with vehicular or pedestrian circulation; and to be screened from public view.
[8] 
Service and loading areas must be located to the side or rear of buildings unless a more appropriate location is approved by the Planning Board. Loading docks shall not be located along primary street frontages. Screening and landscaping shall be provided to minimize direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and buffering shall be achieved through walls, fences, and landscaping. Screening shall be a minimum of six feet high and shall be visually impervious. Recesses in the building, or depressed access ramps, may be used.
[9] 
Shared refuse storage facilities shall be utilized where available and practical. The storage of refuse shall be provided inside building(s) or within an outdoor area in the rear of the property, screened around the perimeter by a roofed wood enclosure; or by brick walls with a minimum height of seven feet with a gate or door. Such a wall shall be capped on the top.
[10] 
No delivery, loading, trash removal or compaction, or other such operations shall be permitted in areas of the site located within 500 feet of an off-tract residential use between the hours of 9:00 p.m. and 6:00 a.m. unless the applicant submits evidence that sound barriers between all areas for such operations effectively reduce noise emissions to a level compliant with Township noise ordinances, as measured at the lot line of any adjoining property.
[11] 
Provide at least one secured, enclosed bicycle storage space for 30% of planned residential occupancy of multifamily residential units (excluding townhouses with garages), but not less than one space per multifamily residential unit.
[12] 
Bike racks shall be provided at a rate of one multi-loop bike rack per every 20 parking spaces for nonresidential uses within the PCD, but not less than the greater of one bicycle space per business or four bicycle spaces per project site for retail or four bicycle spaces per building for nonretail, nonresidential uses.
[13] 
Provide at least one secured enclosed bicycle storage space per worker for 10% of the worker-planned occupancy for nonresidential uses with a changing room and shower for 100 or more workers of planned occupancy and an additional changing room and shower for each additional 150 workers of planned occupancy thereafter.
(g) 
Pedestrian crossings.
[1] 
Safe provisions for pedestrian access to and through a parking lot shall be required, including striping, enhanced pavement markings, traffic calming features and sufficient lighting in accordance with Township standards.
[2] 
All pedestrian crossings will utilize materials and colors to readily distinguish vehicular from pedestrian travel ways. In keeping with the Master Plan policies for the Route 12 corridor, the highway edge will focus on landscaping and quality architecture as opposed to parking lots and blank walls. Appropriate landscaped areas should be provided along the highway edge that include provisions for walkways, bike paths, plantings, and shade trees in accordance with Subsection F(1)(h).
(h) 
Route 12 corridor landscape requirements.
[1] 
In addition to the applicable requirements of this section, the following standards shall apply to all properties fronting on NJ Route 12. They shall apply specifically to the area within 50 feet of the highway right-of-way line. All subdivision and site plan applications involving such properties shall provide a landscaping plan that demonstrates compliance with these standards. If unique site-specific circumstances such as wetlands, existing vegetation, or unusual lot configuration preclude the installation of any of the prescribed landscaping elements, the applicant shall provide an alternative plan that incorporates as many elements as is feasible. In all cases, however, the sidewalk element must be provided.
[2] 
General corridor plan. Diagrams 1, 2 and 3 depict the overall design concept to be achieved along the corridor.
[3] 
Planting details (general). Plant selection should conform to the following general design principles:
[a] 
All landscape plants shall be typical full specimens conforming to the American Association of Nurserymen Standards (ANA) for quality and installation.
[b] 
All plant selections shall emphasize deer-resistant species.
[c] 
Local soil conditions and water availability shall be considered in the plant selection. All plants shall be tolerant of specific site conditions. The use of indigenous species may be appropriate.
[d] 
Landscaping shall not inhibit access by emergency vehicles or inhibit visibility within required vehicular sight triangles.
[e] 
Irrigation systems are to be provided for all new plantings.
[f] 
An appropriate variety of tree species shall be provided to avoid die-out due to species-specific diseases.
[i] 
Street tree details. In addition to the requirements found in any other applicable ordinance section, street trees shall be provided in accordance with the following:
[ii] 
Placement of street trees shall conform to Diagrams 1 and 2.[3]
[3]
Editor's Note: The diagrams follow Subsection F(1)(h)[7][c].
[iii] 
The number of street trees shall average one for every 35 linear feet of property frontage.
[iv] 
Spacing between trees shall be determined based upon species selection. In general, trees should be between 30 and 50 feet on center.
[v] 
Trees should be a minimum of 3 1/2 to four inches caliper, based on ANA standards.
[vi] 
Trees are to be disease resistant and tolerant of road salts and air pollution.
[vii] 
On properties with more than one tree species, species shall not be alternated one-by-one; instead, a single species shall be grouped together to create a canopy effect.
[viii] 
Branching height shall bear a relationship to the size and species of tree but shall have a minimum clearance height of seven feet above grade before branching begins.
[ix] 
Buffer details. A landscaped buffer shall be provided in the last 10 feet of the setback area in accordance with the following:
[x] 
A shrub mass of deciduous and/or evergreen species shall be planted within the required buffer area to provide for a visual and physical screen along the entire frontage. Shrubs within the buffer shall primarily include evergreen species, although deciduous plants may be used provided that their use does not result in significant visual openings during the winter season. This landscape mass shall be interspersed with the required ornamental and evergreen trees to provide for a natural, random and visually interesting plant scheme. The purpose of the buffer plantings is to define the corridor visually as a pedestrianway by providing scale and to lessen the impact of a harsh edge due to development.
[xi] 
Location, placement and spacing of plant material shall conform to Diagrams 1 and 2.[4]
[4]
Editor's Note: The diagrams follow Subsection F(1)(h)[7][c].
[xii] 
Selection of plants species shall provide for a variety and mixture of landscaping. Varieties shall consider susceptibility to disease, shapes, seasonal display, textures, flowers, and foliage.
[xiii] 
The plant quantities constituting the buffer shall include:
[xiv] 
Shrubs averaging 25 per 100 linear feet of frontage.
[A] 
Ornamental trees averaging two per 100 linear feet of frontage.
[B] 
Evergreen trees averaging two per 100 linear feet of frontage.
[C] 
Lawn or ground cover to complete the required ten-foot wide landscape buffer outside of the required shrub/tree planted area.
[xv] 
Required plantings in the buffer area shall meet the minimum size requirements as follows:
[A] 
Shrubs: planted size is to be a minimum of 24 inches to 36 inches in height.
[B] 
Ornamental trees: planted size is to be a minimum of five feet to six feet in height.
[C] 
Evergreen trees: planted size is to be a minimum of five feet to six feet in height.
[4] 
Grass berm details. Grass berms shall be provided in accordance with the following:
[a] 
Berms shall be limited to the areas indicated in Diagrams 1 and 2.[5]
[5]
Editor's Note: The diagrams follow Subsection F(1)(h)[7][c].
[b] 
Berms are to be both vertically and horizontally meandering to achieve a naturalistic landscape by de-emphasizing the linearity of the Route 12 corridor. Requirements for berm design are noted in Diagrams 1 and 2. Berms are not to be continuous for the entire length of the frontage but shall allow for breaks as indicated in Diagram 1. Berms are not to be terminated abruptly at the ends of the lot lines but are to transition to existing grade in a naturalistic fashion.
[c] 
Berm design shall not adversely affect natural drainage.
[d] 
Berms at driveway openings should conform to Diagram 3.[6]
[6]
Editor's Note: The diagram follows Subsection F(1)(h)[7][c].
[5] 
Sidewalk details. A continuous sidewalk shall be provided in accordance with the following:
[a] 
The location and placement of a sidewalk shall conform to Diagrams 1, 2 and 3 as applicable.
[b] 
Standard Township construction details for the sidewalk shall be utilized and shall be approved by the Township Engineer.
[6] 
Driveway crossing details. The following elements and standards apply to all driveway crossings. Driveway crossing treatment is necessary to warn both pedestrians and motorists of each other's presence. Certain elements contained herein will provide visual cues to motorists that pedestrian crossing zones are nearby. The arrangement of the design elements is depicted in Diagram 3. Additional elements and standards specific to the driveway crossings are set forth below.
[a] 
Painted crosswalks shall be in provided in accordance with the following:
[i] 
Location and placement of painted crosswalks shall conform to Diagram 3.
[ii] 
Standard Township construction details for such striping shall be utilized and shall be approved by the Township Engineer. In the event that the Township has not adopted such standards, then generally accepted engineering standards, as set forth in engineering and construction manuals shall be used as approved by the Township Engineer.
[iii] 
Painted crosswalks shall be skid-resistant.
[b] 
Handicapped ramps shall be provided in accordance with the following:
[i] 
Location and placement of handicapped ramps shall conform to Diagram 3.
[ii] 
All sidewalks shall taper down to meet grade at the intersection with a driveway. Ramps shall be provided in these areas to allow for full accessibility as per Americans with Disabilities Act (ADA) guidelines. Standard Township construction details for such ramps shall be utilized and approved by the Township Engineer. In the event that the Township has not adopted such standards, then generally accepted engineering standards, as set forth in engineering and construction manuals shall be used as approved by the Township Engineer.
[c] 
A raised median shall be provided if the driveway opening into the developed property exceeds two lanes and shall conform to the following:
[i] 
The median shall be placed at the center line of all new driveways extending from the intersection with the Route 12 right-of-way to the fifty-foot minimum setback line required for parking and/or interior drives into new developments.
[ii] 
The median shall be a four-foot wide brick paver island edged by a six-inch vertical granite block curb.
[iii] 
Brick shall be a four-inch-by-eight-inch rectangular shape and placed in a herringbone pattern. Brick color shall be a red/charcoal blend. A suitable alternative material, pattern and color may be substituted if approved by the Planning Board and Township Engineer, although some consistency should be maintained throughout the corridor.
[iv] 
The median shall allow for an opening at the crosswalk locations. Location and placement of crosswalks shall conform to Diagram 3.[7]
[7]
Editor's Note: The diagram follows Subsection F(1)(h)[7][c].
[d] 
Bollards shall be provided wherever the Planning Board determines that the expected volume of traffic accessing the site necessitates additional pedestrian safety features. The bollards shall be located where a sidewalk engages a driveway in accordance with Diagram 3. Bollards shall conform to the following:
[i] 
Lighted bollards shall be located and placed to warn both pedestrians and motorists of each other's presence at the crosswalks. Lighted bollards will provide visual cues to motorists.
[ii] 
Lighted bollards shall be a minimum 36 inches in height with a one-hundred-watt metal halide or high-pressure sodium lamp. Bollards should provide a minimum maintained illumination level of 0.5 footcandle in the crosswalk area.
[7] 
Flower pocket details. The installation of flower pockets is optional. If they are installed, they shall be provided in accordance with the following:
[a] 
Location and placement of flower pockets shall conform to Diagrams 1, 2 and 3.
[b] 
A minimum of 200 square feet of wildflowers and/or perennials constitutes one pocket. One pocket shall be provided per 100 linear feet of frontage with additional pockets provided at driveway crossings.
[c] 
Wildflowers, if used, are to be hardy and native regional mixtures. Mixture selection shall provide for a blend of species in approximate equal amounts. Mixtures shall include a variety of colors. The selection of mixtures should consider the existing soil conditions. The specific blend is subject to the approval of the Township Engineer or landscape architect. Wildflower pockets shall be mowed once a year. Mowing shall occur in the late fall while the wildflowers are dormant. Perennials shall be hardy and include either a mix of colors or single stands of one color. Perennials shall be approved by the Township Engineer or landscape architect.
Corridor Plan
Section Within Corridor
Diagram 3
Driveway Crossings
G. 
Nonconforming uses. Where an existing use conforming to BP - Business Park zoning on the effective date of this ordinance has been made nonconforming as a result of Ordinance Amendment No. 17 - 16-2012, the use may continue in accordance with the use and bulk zoning provisions in effect immediately prior to the effective date of Ordinance Amendment No. 17 - 16-2012.
[Added 12-17-2012 by Ord. No. 17-15-2012; amended 12-7-2017 by Ord. No. 19-14-2017]
A. 
Purpose. The purpose of the Scenic Corridor Overlay Zone is to revise the zoning to be more in conformance with the development opportunities that realistically exist in the subject area, to preserve the rural character and rare scenic beauty in and along the subject zone and to promote design compatibility for the development, redevelopment, and changes in land use along the Route 12 corridor in Kingwood Township by employing design standards intended to preserve existing viewsheds, especially the open vistas in the section of the corridor west of Baptistown, and to avoid the perpetuation of strip highway commercial sprawl development along the corridor. The planning objective of this section is to replace a zone plan that currently allows linear highway commercial development as close to the highway as possible and which has not resulted in significant development of the zone within the last 30 years or more with a zone plan that allows the zone to provide realistic opportunities for development while preserving the corridor's existing scenic beauty and rural character.
B. 
The Scenic Corridor Overlay Zone is intended for properties that front the Route 12 corridor as shown on the Township's Zoning Map. Any lot or parcel of land located at least partially within the Overlay Zone shall follow the requirements of this section for that portion of the lot or parcel.
C. 
Applicability. These standards and guidelines shall be applicable to any new development of any property within the Scenic Corridor Overlay Zone. The standards shall be applied to the use of any property within the Overlay Zone that is not already developed or any property that is being expanded or redeveloped that is currently used in a way that is nonconforming with these regulations. Such nonconforming uses shall rely on the relevant use and bulk regulations defined in the underlying zoning districts until such time as they are expanded in size or area or otherwise converted to a use conforming to this section. Unless otherwise noted, these standards shall apply uniformly to the underlying zoning districts; in those cases where the standard varies with the district, these provisions supersede.
(1) 
The scope of the standards covers all exterior aspects of the rehabilitation of existing structures, additions to existing structures, and construction of new buildings, as well as all site improvements, streetscape, signage, lighting and landscaping.
(2) 
In the exercise of its powers of review, the reviewing board may recommend approval, conditional approval, request modifications, or recommend denial to an application based upon its review of the materials submitted by the applicant and any additional information which it may deem appropriate.
(3) 
These standards shall be interpreted with flexibility. The reviewing board shall view them as a tool, since exceptional situations, requiring unique interpretations, can be expected. When applying them, the reviewing board shall carefully weigh the specific circumstances surrounding each application and strive for design solutions that best promote the spirit and intent of the standards and guidelines.
D. 
Permitted principal uses of buildings and structures are as follows:
(1) 
Agricultural and farming uses pursuant to § 132-30.
(2) 
Single-family residential uses pursuant to § 132-30, excluding the Class I Minor Subdivision pursuant to § 115-3.
(3) 
Public playgrounds, conservation areas, parks and public purpose uses pursuant to § 132-30.
(4) 
Churches and cemeteries pursuant to § 132-30.
(5) 
Golf courses pursuant to § 132-30.
(6) 
Firehouses, rescue squad facilities and government buildings pursuant to § 132-30.
(7) 
Family day-care homes (as per N.J.S.A. 40:55D-66.5b) pursuant to § 132-30.
(8) 
Nurseries and garden centers.
(9) 
Wholesale feed and grain outlet stores in one or more buildings of 25,000 square feet or less.
(10) 
Wholesale greenhouses.
E. 
Permitted accessory uses of buildings and structures are as follows:
(1) 
Private residential swimming pools, subject to the provisions of § 132-55.
(2) 
Accessory and temporary residences at a farm, provided that the housing is for farmworkers employed 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 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. Buildings for tools and equipment used for maintenance of the grounds. Such building shall not exceed 12 feet in height.
(3) 
Travel trailers, vacation trailers and campers may be parked or stored on the lot only in the rear yard out of view from Route 12. They shall not be used for temporary or permanent living quarters.
(4) 
Private garages.
(5) 
Tenant house for resident's domestic employees or guests, provided that a building containing such dwelling quarters shall be located so that it can be subdivided and sold separately from the main building; its location shall be such that it can be subdivided to conform to all provisions in its zone for street frontage, lot area and dimensions and well and septic requirements, and the building shall meet all setback requirements for a principal building. Mobile homes, vacation trailers, campers or trailers of any kind shall not be permitted to provide residency for persons or animals under the provisions of this section, and shall be stored in rear yards only.
(6) 
The keeping of poultry, 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 to be at least 150 feet from the residence on the adjacent lot, whichever is greater.
(7) 
For lots with an area of six acres or more, farm markets shall be a permitted accessory use, subject to the following conditions:
(a) 
The size of the building, structure or enclosure and outdoor sales area, inclusive 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 same parcel as the farm market or on 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 E(8)(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 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 his/her 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;
(h) 
Buildings, structures and parking areas for farm markets may be located within the front yard area in the SCO District, except that parking areas must be improved only with pervious materials such as gravel or pervious pavement, and a landscaped buffer of at least 30 feet in width shall separate the area devoted to the farm market improvements from the right-of-way of Route 12, and driveway and parking layout shall be subject to site plan approval, but shall be located to the rear of a principal or accessory building unless sufficiently screened from view from Route 12 by a planted buffer. Actual buffer design shall be based upon Subsection O(4) of this section, using a line-of-sight analysis to confirm that the buffer is of sufficient length, depth and placement along driveways and property lines to minimize the visual impact as viewed from Route 12.
F. 
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) 
Home occupations.
(2) 
Barn conversions.
(3) 
Accessory apartments.
(4) 
Elder Cottage Housing Opportunity Unit (ECHO Unit). (See § 132-102 for conditions.)
G. 
Maximum building height. No residential 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, Floodplain District, the height shall be measured from the flood hazard elevation at the building location. For purposes of retaining views and vistas over nonresidential buildings, no nonresidential building constructed after the effective date of this section shall exceed one story or 25 feet in height.
H. 
Area and yard requirements.
(1) 
The lot and buildings thereon for properties within the portion of the SCO District east of Baptistown (intersection of Route 12 and County Route 519) shall comply with the Schedule of Lot and Building Requirements for the AR-2 District included at the end of § 132-30, except that all principal and accessory structures, except access drives shall maintain a minimum setback of 100 feet from Route 12, except that golf courses shall maintain a minimum setback of 200 feet from Route 12.
(2) 
In order to preserve the scenic vistas and distant views along the Route 12 corridor between Baptistown and Frenchtown in Kingwood, the lot and buildings thereon for properties within the portion of the SCO District west of Baptistown (intersection of Route 12 and County Route 519) shall comply with an enhanced requirement for setback from Route 12 such that no principal or accessory building or off-street parking area shall be located closer to Route 12 than a distance equal to 1/2 of the average lot depth or a maximum of 300 feet, whichever is less. Building width shall not exceed two feet of width for each three feet of building depth as measured parallel to Route 12. The profile of a building parallel to Route 12 shall not occupy more than two feet of the lot width measured at the setback line for each three feet of lot depth occupied. A preexisting front yard building setback less than 300 feet that was in existence on February 5, 2015, shall be permitted to continue without a variance from the Zoning Board of Adjustment; provided, however, that in no case shall a future principal or accessory building or off-street parking area be located closer to Route 12 than 100 feet and further provided that future building additions shall conform to the building width-to-depth ratio required in this section. New residential subdivisions in the SCO District west of Baptistown shall comply with the Schedule of Lot and Building Requirements for the AR-2 District included at the end of § 132-30, except that the use of clustering and lot size averaging shall be mandatory for all new major residential subdivisions for purposes of maintaining the scenic vistas of this portion of the Route 12 corridor in accordance with the provisions of § 132-30C, and the site design standards of Subsection O of this section shall apply.
I. 
Accessory uses permitted. Accessory uses and structures to any of the above-permitted principal uses are permitted as follows:
(1) 
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.
J. 
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 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. All flag lots must conform to the provisions of Chapter 115, Subdivision of Land, and this chapter.
K. 
Building design standards.
(1) 
Buildings shall be located to allow for adequate fire and emergency access.
(2) 
Principal and accessory buildings shall be oriented on the property so that the front facade either faces Route 12 or otherwise screens the view of service or loading areas, solid waste storage areas or other areas that would adversely impact the quality of the view shed from Route 12. The Planning Board may approve other forms of visual screens for applications that require site plan or subdivision approval. Visual screens shall consist of a combination of deciduous and evergreen trees and shrubs, grouped together at various heights to form an effective buffer of an average width of 50 feet that resembles wind rows of native trees and understory vegetation or other naturally occurring vegetative edge consistent with the rural scenic character of the Route 12 corridor. Actual buffer design shall follow the design standards of Subsection O(4) of this section and be based upon a line-of-sight analysis to confirm that the buffer is of sufficient length, depth and placement along driveways and property lines to minimize the visual impact as viewed from Route 12. To the extent that the Board determines that variance relief from the front yard setback is warranted as part of an application for development, the width of the buffer in the area of the granted relief shall be increased equivalent to the amount of the relief. For example, a reduction in the front yard setback from 100 feet to 75 feet will require an increase in the vegetative buffer in the area of the relief from 50 feet to the full 75 feet in width.
(3) 
Front yard areas shall be kept free of paved areas, except for access roads or driveways. Off-street parking is not permitted within the required front yard.
(4) 
Architectural standards for nonresidential buildings.
(a) 
All new nonresidential buildings for which development approval is required in the SCO District shall comply with the following standards: Architectural style shall be compatible with traditional rural or farm buildings such as barns, farmhouses, etc. (See Figure 1.)
Figure 1: This retail building in Gettysburg Pennsylvania in the top image and the pole barn style building in the bottom image illustrate the intended architectural style for nonresidential buildings in the SCO District within the twenty-five-foot height limitation for nonresidential buildings.
L. 
Off-street parking and loading.
(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).
(6) 
See § 132-53 for additional standards.
M. 
Signs are permitted subject to Article V.
N. 
Nonconforming uses. Where an existing use within the Route 12 Scenic Corridor Overlay Zone conforming to zoning on the effective date of this section has been made nonconforming as a result of Ordinance No. 17-15-2012, the use may continue in accordance with the use and bulk zoning provisions in effect immediately prior to the effective date of Ordinance No. 17-15-2012.
O. 
Site design standards. In addition to site plan and related design standards required elsewhere in this chapter, the following design standards for sustainable development shall be required in for new development requiring major site plan approval in the SCO:
(1) 
The management of stormwater runoff shall be designed to utilize best management practices (BMPs) intended to maximize recharge, remove pollutants and to capture rainwater for irrigation use in place of potable water sources. All stormwater management basins should be designed for bioretention and may include a network of stormwater wetlands, bioswales, rain gardens and the equivalent. Rain gardens that are designed to create or supplement landscaped buffers, open space areas or wildlife habitat and are reasonably accessible to the public may be counted toward any minimum open space requirements. Rain gardens of 2,500 square feet or greater that are incorporated into parking lots as a component of stormwater management and which are designed into the pedestrian circulation system with a sitting area adjacent to the rain garden/bioretention basin and accessible from the walkway may be included in the open space counted towards a minimum open space requirement.
Figure 2: Example of concept design for rain garden eligible for inclusion in required open space.
(2) 
Runoff mitigation plan.
(a) 
Any project proposed within the SCO shall include a runoff mitigation plan showing that the stormwater management design elements include an appropriate combination of nonstructural and/or low-impact best management practices. The plan shall show how the design:
[1] 
Utilizes permeable areas to allow more infiltration of runoff into the ground through such means as biofiltration, filter strips, swales, infiltration trenches, green roofs and/or permeable pavement; and/or
[2] 
Directs runoff to permeable areas and/or utilizes stormwater storage for reuse or infiltration by such means as:
[a] 
Orients roof runoff towards permeable surfaces, drywells, French drains, or other best management practices (BMPs) rather than directly to driveways or nonpermeable surfaces so that runoff will penetrate into the ground instead of flowing off-site.
[b] 
Grades impervious surfaces to direct runoff to permeable areas, utilizing level spreaders or other methods to distribute the impervious runoff over pervious surfaces.
[c] 
Uses cisterns, retention structures, or rooftops to store precipitation or runoff for reuse.
[d] 
Designs curbs, berms, or the like to avoid isolation of permeable or landscaped areas.
(b) 
A runoff mitigation plan shall include a plan for the maintenance of all BMPs requiring ongoing maintenance.
(c) 
A runoff mitigation plan shall include the applicant's signed statement accepting responsibility for all structural and treatment control BMP maintenance. The transfer of property subject to a runoff mitigation plan must include as a written condition to the transfer that the transferee assumes full responsibility for maintenance of any structural and/or source or treatment control BMPs.
(3) 
Landscaping and street trees.
(a) 
Planting details (general). Plant selection should conform to the following general design principles:
[1] 
All landscape plants should be native species and typical full specimens conforming to the American Association of Nurserymen Standards (ANA) for quality and installation.
[2] 
All plant selections should emphasize deer-resistant species.
[3] 
Local soil conditions and water availability should be considered in the plant selection. All plants shall be tolerant of specific site conditions.
[4] 
Landscaping shall not inhibit access by emergency vehicles or inhibit visibility within required vehicular sight triangles.
[5] 
Only irrigation systems using nonpotable water supplies are to be used for all new plantings.
[6] 
An appropriate variety of tree species should be provided to avoid die-out due to species-specific diseases.
(b) 
Street tree details. In addition to the requirements found in this chapter, street trees should be provided in accordance with the following, based on LEED-ND NPD Credit 14, "Tree-Lined and Shaded Streets":
[1] 
Street trees should be provided on both sides of at least 60% of new and existing streets within the redevelopment plan area and on the redevelopment plan area side of bordering streets.
[2] 
The number of street trees should average one for every 35 linear feet of property frontage.
[3] 
Spacing between trees should be determined based upon species selection. In general, trees should be between 30 feet and 50 feet on center, averaging no more than 40 feet on center (excluding driveways and utility vaults).
[4] 
Trees should be a minimum of 3 1/2 to four inches caliper, based on ANA standards.
[5] 
Trees are to be disease-resistant and tolerant of road salts and air pollution.
[6] 
On properties with more than one tree species, species should not be alternated one by one; instead, a single species shall be grouped together to create a canopy effect.
[7] 
Branching height should bear a relationship to the size and species of tree but shall have a minimum clearance height of seven feet above grade before branching begins.
(4) 
Buffer details. A landscaped buffer shall be provided as required in this section in accordance with the following:
(a) 
A shrub mass of deciduous and/or evergreen species shall be planted within the required buffer area to provide for a visual and physical screen along the entire frontage. Shrubs within the buffer shall include a mixture of evergreen and deciduous trees and shrubs massed in a way that does not result in significant visual openings during the winter season. This landscape mass shall be interspersed with the required ornamental trees to provide for a natural, random and visually interesting planting design.
(b) 
Selection of plant species shall provide for a variety and mixture of landscaping. Varieties should consider susceptibility to disease, shapes, seasonal display, textures, flowers, and foliage.
(c) 
The plant quantities constituting the buffer should include:
[1] 
Shrubs averaging 25 per 100 linear feet of frontage.
[2] 
Ornamental trees averaging two per 100 linear feet of frontage.
[3] 
Evergreen trees averaging two per 100 linear feet of frontage.
[4] 
Lawn or groundcover to complete a ten-foot-wide strip outside of the required shrub/tree planted area.
[5] 
Required plantings in the buffer area shall meet the minimum size requirements as follows:
[a] 
Shrubs: planted size is to be a minimum of 24 inches to 36 inches in height.
[b] 
Ornamental trees: planted size is to be a minimum of five feet to six feet in height.
[c] 
Evergreen trees: planted size is to be a minimum of five feet to six feet in height.
(5) 
Site protection and general planting requirements.
(a) 
Topsoil preservation. Topsoil moved during construction shall be redistributed on all regraded surfaces to provide even cover to all disturbed areas of the development and shall be stabilized by seeding or planting. A soil erosion and sediment control plan shall be approved as part of the preliminary plat.
(b) 
Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with the law. To the extent possible, materials should be diverted from the solid waste stream and reused on site, consistent with LEED-ND GIB (Green Infrastructure and Building) Credit 16, "Solid Waste Management Infrastructure," with a goal of recycling or salvaging at least 50% of nonhazardous construction and demolition debris.
(c) 
Planting specifications. Deciduous trees shall have a minimum 2 1/2 to three inches caliper measured six inches above the ground surface at time of installation. Size of evergreens and deciduous shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable horticultural standards. Dead or dying plants shall be replaced during the following planting season and guaranteed by the landscape contractor for a period of one year. Evergreen trees shall have a minimum height of six feet at planting. All plant materials, planting practices, and specifications shall be in accordance with the "American Standards for Nursery Stock" by the American Association of Nurserymen Standards.
(d) 
Plant species. The plant species selected should be hardy for the climatic zone in which the development is located and appropriate in terms of function and size.