Township of Kingwood, NJ
Hunterdon County
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Table of Contents
Table of Contents
[Added 9-18-2000 by Ord. No. 11-10-2000[1]]
A. 
Purpose.
(1) 
The purpose of this section is to establish general guidelines of the location of wireless communication facilities in a manner which is compatible with the public interest. The goals of this section are to:
(a) 
Minimize the potential adverse impacts of towers, monopoles and antennae on residential areas.
(b) 
Encourage the location of towers, monopoles and antennae in nonresidential areas.
(c) 
Minimize the proliferation of large numbers of towers and monopoles throughout the community.
(d) 
Strongly encourage the cooperative use of new and existing tower and monopole sites as a primary option rather than the construction of additional single-use towers and monopoles.
(e) 
Encourage owners and operators of towers, monopoles and antennae to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(f) 
Encourage owners and operators of towers, monopoles and antennae to configure them in a way that minimizes the adverse visual impact of the towers and antennae through careful design, siting, landscape screening and innovative camouflaging techniques.
(g) 
Encourage use of Township lands.
(2) 
Is intended to foster compliance with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local government authority to manage, with respect to cellular and other wireless telecommunications services, to enforce zoning requirements that protect public safety, public and private property and community aesthetics. This section expressly recognizes that the New Jersey Supreme Court, in Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of Adjustment, 152 N.J. 309 (1998), has declared that wireless telecommunications facilities are not inherently beneficial uses and that the facility use must be particularly suited for the proposed site.
B. 
Definitions. As used in this section, the following terms shall have the meanings set forth below:
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.
CO-LOCATION
With respect to wireless telecommunications providers of cellular communications and personal communication services, the joint use by two or more providers of the same site and/or tower for their wireless communications facilities and antennae.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance measured from the lowest grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antennae.
PREEXISTING TOWERS and PREEXISTING ANTENNAE
Any tower or antennae for which a building permit or other permit has been properly issued prior to the effective date of this section, including permitted towers or antennae that have not yet been constructed, so long as such approval is current and not expired, and including any tower or antennae that is presently a permitted use pursuant to the Township Code on property owned, leased or otherwise controlled by the Township of Kingwood.
WIRELESS COMMUNICATION TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennae for telephone, radio and similar communication purpose, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
C. 
Applicability.
(1) 
New wireless communication towers and antennae. All new wireless communication towers or antennae in the Township of Kingwood shall be subject to these regulations, except as provided in Subsection C(2) through (4), inclusive.
(2) 
Amateur radio station operators/receive-only antennae. This section shall not govern any wireless communication tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennae.
(3) 
Preexisting wireless communication towers or antennae. Preexisting wireless communication towers and preexisting antennae shall not be requirements of this section, other than the requirements of Subsection G(1)(a), absent any enlargement or structural modification or the addition of any structures.
[Amended 5-21-2001 by Ord. No. 11-2-2001]
(4) 
Satellite dish antennae. This section shall not govern any parabolic satellite antennae used to provide reception of satellite transmissions of television programs.
(5) 
Wind energy equipment. This section shall not govern any energy generating equipment driven by wind, including structures, wireless communication towers and poles.
D. 
Multiple uses.
(1) 
Principal or accessory use. Antennae and wireless communication towers may be considered either principal or accessory uses. Notwithstanding any other Township land development regulation, a different existing structure on the same lot shall not preclude the installation of an antennae or wireless communication tower on such lot.
E. 
Lot size. For purposes of determining whether the installation of a wireless communication tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennae or wireless communication towers may be located on leased parcels within such lot.
F. 
Nature of service. Wireless communication towers and antennae shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as inherently beneficial uses, essential services, public utilities or private utilities.
G. 
Conditional use permits.
(1) 
List of conditional uses. Subject to the conditions set forth in Subsection G(2), the following uses may be approved by the Planning Board as conditional uses:
(a) 
Antennae on existing wireless communication towers within any zone. An antenna may be attached to an existing wireless communication tower within any zone and, to minimize adverse visual impacts associated with the proliferation and clustering of wireless communication towers, co-location of antennae by more than one carrier on existing wireless communication towers shall take precedence over the construction of new wireless communication towers, provided that such co-location is accomplished in a manner consistent with conditions set out in Subsection G(2) below.
(b) 
Antennae on existing nonwireless communication tower structures. Antennae may be installed on existing buildings and structures other than wireless communication towers only in the HC and BP Zones.
(c) 
New wireless communication towers. New wireless communication towers may be constructed to hold antennae only:
[1] 
On lands owned by the Township; and
[2] 
On lands located in the HC and BP Zones if the applicant demonstrates that there is no Township property and no existing tower or other building or structure upon which the proposed antennae can be located that would correct the gap in telecommunications required to be demonstrated pursuant to Subsection G(2)(a) below.
(d) 
The Township and/or the Township Office of Emergency Management shall be exempt from obtaining a conditional use permit for the placement of a radio relay system (repeater) for emergency management purposes on an existing wireless communication tower.
[Added 9-1-2016 by Ord. No. 18-08-2016]
(2) 
Conditions. All proposed conditional uses for new wireless communication towers or location of additional antennae on an existing wireless communication tower shall be subject to satisfaction of the following conditions:
(a) 
There is substantial evidence that there is a significant gap in the telecommunications grid within the Township which the proposed facility will correct.
(b) 
Inventory of existing sites. Each applicant for an antenna and/or wireless communication tower shall provide to the approving authority an inventory of its existing wireless communication towers, antennae or sites approved for wireless communication towers or antennae that are either within the jurisdiction of the Township of Kingwood or within 12 miles of any border of the Township thereof, including specific information about the location, height and design of each wireless communication tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennae within the jurisdiction of the Township of Kingwood; provided, however, that the Zoning Officer is not by sharing such information in any way representing or warranting that such sites are available or suitable.
(c) 
Lighting. Wireless communication towers and antennae shall not be artificially lit, unless required by the FAA. It is the intent of the Township that wireless communication towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views, while still complying with both FAA and FCC standards and regulations.
(d) 
State or federal requirements. All wireless communication towers and antennae must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate wireless communication towers and antennae. If such standards and regulations are changed, then the owners of the wireless communication towers and antennae governed by this section shall bring such wireless communication towers and antennae into compliance with such revised standard and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring wireless communication towers and antennae into compliance with such revised standards and regulations shall constitute grounds for the removal of the wireless communication tower or antenna at the owner's expense.
(e) 
Compliance with radiation emission standards. The applicant shall demonstrate that the proposed wireless telecommunications antenna(s) and related structures and equipment comply with all applicable state and federal regulations of electromagnetic radiation levels. A plan for the periodic testing of the facility to ensure ongoing compliance with applicable federal and/or state standards must be submitted for review and approval of the Planning Board.
(f) 
There is no residential use, school use or healthcare use on the lot on which the proposed facility is located and that the different use of an existing structure on the same lot does not preclude the installation of an antenna or tower.
(g) 
Abandonment; removal. All wireless communication towers, antennae and related structures and equipment shall be removed when same are abandoned or not used for wireless telecommunications purposes for six consecutive months. Removal shall occur within 90 days thereafter. A copy of the relevant portions of a signed lease which requires the removal of the wireless communication tower and/or antenna and related structures and equipment upon cessation of operations shall be submitted at the time of the application. In the event that the required removal does not occur, such structures and equipment may be removed by the Township of Kingwood and the costs of same may be assessed against the property.
(h) 
Aesthetics. Wireless communication towers and antennae shall meet the following aesthetic requirements:
[1] 
To preserve the rural character of the Township, all new wireless communication towers shall be constructed as a concrete silo tower unless the applicant demonstrates that the use of a concrete silo tower would be aesthetically detrimental.
[2] 
Wireless communication towers which are not concrete silo towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or the Township, be painted a neutral color so as to reduce visual obtrusiveness.
[3] 
At a wireless communication tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings and shall be located out of public view (visible from a public street, public land and public buildings) behind existing structures, buildings or terrain features which will shield the buildings and related structure from view without blocking the transmission signals.
[4] 
If an antenna is installed on a structure other than a wireless communication tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
[5] 
The foregoing may include, but shall not necessarily be limited to, such modifications as special paint treatment, concealment through architectural means or the use of camoflouage through simulated foliage so as to appear as a tree.
(i) 
The dimensions of the entire lot on which the facility is located shall be considered for the purpose of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements. The dimensions of the entire lot shall control, even though the antennae or towers may be located on leased parcels within such lot.
(j) 
Building codes; safety standards. To ensure the structural integrity of wireless communication towers, the owner of a wireless communication tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for wireless communication towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Kingwood concludes that a wireless communication tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the wireless communication tower, the owner shall have 30 calendar days to bring such wireless communication tower into compliance with such standards. Failure to bring such wireless communication tower into compliance within said 30 calendar days shall constitute grounds for the removal of the wireless communication tower or antenna at the owner's expense. A licensed New Jersey professional engineer must certify that the wireless communications tower is structurally adequate to accommodate the number of shared users contemplated by the applicant and Planning Board.
(k) 
Franchises. Owners and/or operators of wireless communication towers or antennae shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township of Kingwood have been obtained and shall file a copy of all required franchises with the Zoning Officer.
(l) 
Design for future co-location. Any proposed new wireless communication tower and related structures shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennae and comparable antennae for at least three additional wireless communications providers by mounting additional antennae at different heights, unless the applicant demonstrates that it would not be practicable. Satisfaction of this requirement shall include a letter of commitment by the applicant, submitted prior to any approval by the Board, to lease excess space on the facility to other potential users at reasonable rental rates and on reasonable terms. Such obligation shall be incorporated as a condition of any approval and shall be binding on any successors in interest.
(m) 
Height.
[1] 
The maximum height of new wireless communication towers shall be 180 feet unless the applicant can demonstrate a substantial need for a greater height.
[2] 
Any antenna which is not attached to a wireless communication tower may not exceed 10 feet more than the maximum building height for the zone wherein the structure is located.
(n) 
Availability of suitable existing wireless communication towers, other structures or alternative technology. No new wireless communication tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing wireless communication tower structure or alternative technology which does not require the use of wireless communication towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the approving authority related to the availability of suitable existing wireless communication towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing wireless communication tower structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
[1] 
No existing wireless communication towers or structures are located within the geographic area which meet the applicant's radio frequency engineering requirements.
[2] 
Existing wireless communication towers or structures are not of sufficient height to meet the applicant's radio frequency engineering requirements.
[3] 
Existing wireless communication towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
[4] 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing wireless communication towers or structures, or the antenna on the existing wireless communication towers or structures would cause interference with the applicant's proposed antennae.
[5] 
The fees, costs or contractual provisions required by the owner in order to share an existing wireless communication tower or structure or to adapt an existing wireless communication tower or structure for sharing are unreasonable. Costs exceeding those for new co-location wireless communication tower development are presumed to be unreasonable.
[6] 
The applicant demonstrates that there are other limiting factors that render existing wireless communication towers and structures unsuitable.
[7] 
The applicant demonstrates that an alternative technology that does not require the use of wireless communication towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new wireless communication tower or antenna development shall not be presumed to render the technology unsuitable.
(o) 
Suitability. The applicant must demonstrate that the proposed wireless communication tower and/or antenna is the minimum necessary to provide adequate wireless telecommunications as may be authorized by the Federal Communications Commission. Included as part of this requirement, the applicant shall demonstrate at a minimum the following:
[1] 
That the technology proposed is the least visually intrusive or alternative available and suitable technologies;
[2] 
That the height of the wireless communication tower and/or antenna(s) is the minimum necessary;
[3] 
That it is not practical in order to provide adequate wireless telecommunications to co-locate the antenna on other existing antenna structures, use a less visible location, or use microcells, providing more numerous antennae at lower heights. In addressing this criteria, consideration shall not be confined to a alternate locations within the Township of Kingwood; and
[4] 
That the visual impact to the community on the proposed site is less than would exist at alternative locations serving the same telecommunications need.
(p) 
Signs. No signs shall be allowed on an antenna or wireless communication tower.
(q) 
FCC license. The applicant must submit documentary proof of its possession of valid and current license from the FCC for the provision of wireless telecommunications service to the Kingwood Township area.
(r) 
Separation. The following separation requirements shall apply to all wireless communication towers and antennae:
[1] 
Separation from off-site uses/designated areas.
[a] 
Wireless communication tower separation shall be measured from the base of the wireless communication tower to the lot line of the off-site uses and/or designated areas as specified in Table 1.
[b] 
Separation requirements for wireless communication towers shall comply with the minimum standards established in Table 1.
TABLE 1
Separation From Off-Site Uses/Designated Areas
Off-Site Use/Designated Area
Separation Distance
Base of wireless communication tower to:
Residential, buildings, public parks and buildings, public or private schools, municipal buildings (unless the wireless communication tower is located on the site of the municipal building itself), libraries or houses of worship and any site designated on the federal, state or municipal historic register
500 feet or 300% of the height of the wireless communication tower, whichever is greater
Vacant residentially zoned land
500 feet or 300% of the height of the wireless communication tower, whichever is greater
Nonresidentially zoned lands or nonresidential uses
At least 120% of the height of the wireless communication tower from any adjoining lot line and all nonappurtenant buildings
[2] 
Separation distances between wireless communication towers. Separation distances between wireless communication towers shall be applicable for and measured between the proposed wireless communication tower and preexisting wireless communication towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing wireless communication tower and the proposed base, pursuant to a site plan, of the proposed wireless communication tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
TABLE 2
Separation Distances Between Wireless Communication Towers - Types
Lattice
(linear feet)
Monopole 100 feet or Greater in Height
(linear feet)
Monopole Less Than 100 Feet in Height
(linear feet)
Lattice
5,000
1,500
750
Monopole 100 feet or greater in height
1,500
1,500
750
Monopole less than 100 feet
750
750
750
(s) 
Security fencing. Wireless communication towers shall be enclosed by security fencing not less than eight feet in height.
(t) 
Landscaping. The following requirements shall govern the landscaping surrounding wireless communication towers for which a conditional use permit is required:
[1] 
Wireless communication tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the wireless communication tower compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound.
[2] 
In locations where the visual impact of the wireless communication tower would be minimal, the landscaping requirement may be reduced.
[3] 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as wireless communication towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(u) 
Lot size. The minimum lot size for any new wireless communication tower shall be as required by the zone district in which located.
(v) 
Equipment. Any equipment that is necessary in connection with a wireless communication tower or antennae shall be housed in a building, cabinet or locker. If a new building or other structure is proposed to house such equipment, it shall be subject to all applicable setback and other zoning regulations.
[1] 
Antennae mounted on structures or rooftops. The equipment cabinet or structure used in association with antennae shall comply with the following:
[a] 
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.
[b] 
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
[c] 
Equipment storage buildings or cabinets shall comply with all applicable building codes.
[2] 
For antennae located on wireless communication towers, the related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum accessory structure requirements of the zoning district in which located.
[3] 
Structures or cabinets shall be screened from view of all properties which abut or are directly across the street from the structure or cabinet by a security fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least six feet.
(w) 
Existing wireless communication towers; rebuilding damaged or destroyed nonconforming wireless communication towers or antennae. Nonconforming wireless communication towers or antennae that are damaged or destroyed may not be rebuilt without having to first obtain approval from the Planning Board as a conditional use. The type, height and location of the wireless communication tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the wireless communication tower or antenna shall be deemed abandoned.
(3) 
Application requirements.
(a) 
In addition to any information required for applications for conditional use permits pursuant to applicable Township Code provisions and state law, applicants for a conditional use permit for a wireless communication tower or antennae shall submit the following information to the approving authority:
[1] 
A scaled site plan clearly indicating the location, type and height of the proposed wireless communication tower or antennae, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within 200 feet of the subject property, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed wireless communication tower and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.
[2] 
A legal description of the entire tract and leased parcel (if applicable).
[3] 
The setback distance between the proposed wireless communication tower or antennae and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
[4] 
The separation distance from other wireless communication towers and antennae described in the inventory of existing sites submitted pursuant to Subsection G(2)(a) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing wireless communication tower(s) and the owner/operator of the existing wireless communication tower(s), if known.
[5] 
A landscape plan showing specific landscape materials, including species type, size, spacing and existing vegetation to be removed or retained.
[6] 
Method of fencing and finished color and, if applicable, the method of camflouage.
[7] 
A description of compliance with Subsection G(2)(b) through (e), (g) through (i) and (I) and all applicable federal, state or local laws.
[8] 
A notarized statement by the applicant as to whether construction of the wireless communication tower will accommodate co-location of additional antennae for future uses.
[9] 
Identification of the entities providing the backhaul network for the wireless communication tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township.
[10] 
A description of the suitability of the use of existing wireless communication towers, other structures or alternative technology not requiring the use of wireless communication towers or structures to provide the services to be provided through the use of the proposed new wireless communication tower.
[11] 
A description of the feasible locations of future wireless communication towers or antennae for the applicant within the Township of Kingwood, based upon existing physical, engineering, technological or geographical limitations in the event that the proposed wireless communication tower is erected.
[12] 
A visual study depicting where, within a one-mile radius, any portion of the proposed wireless communication tower could be seen.
[13] 
A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the Hunterdon County Clerk prior to the issuance of any permit and shall commit the wireless communication tower owner(s), property owner(s) and their successors in interest.
[14] 
Documentary evidence regarding the need for the wireless communication tower, which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the new wireless communication tower at a particular location within the Township. The evidence shall include a radio frequency engineering analysis of the search area for the wireless communication tower.
[15] 
The photographic results of a balloon test, photo simulation or other photographic evidence demonstrating the expected visual impact of the wireless communication tower and/or antennae.
(b) 
An applicant for a conditional use permit shall submit the information described in this subsection and a nonrefundable application fee and an escrow deposit as follows:
Application Charge
Escrow Account
If no new wireless communication tower is proposed
$1,000
plus
$2,000
If a new wireless communication tower is proposed
$5,000
plus
$5,000
[1]
Editor's Note: This ordinance originally designated these provisions as § 132-33, but they were codified with the consent of the Township, as § 132-49 in order to maintain the organizational intent of the ordinance. Ordinance No. 11-2-2001, adopted 5-21-2001, formally numbered these provisions as § 132-49.
[Amended 4-10-1981 by Ord. No. 4-4-81]
A. 
Accessory buildings as a part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
B. 
Accessory buildings not to be constructed prior to principal building. No building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building, the Construction Code Official shall revoke the building permit for the accessory building until construction of the main building has proceeded substantially toward completion.
C. 
Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in Article III, except that no poultry or livestock shelter shall be erected nearer than 100 feet to any dwelling on the same lot which is occupied by other than the owner-operator of the farming operation or by farm workers.
D. 
Small wind energy systems.
[Added 5-15-1981 by Ord. No. 4-8-81; amended 6-21-1982 by Ord. No. 4-4-82; 8-4-2011 by Ord. No. 16-20-2011; 3-1-2012 by Ord. No. 17-02-2012]
(1) 
Minimum lot size: 20 acres.
(2) 
The maximum height shall be 180 feet, including any portion of the rotor when in operation.
(3) 
The minimum setback of the small wind energy system from any property line shall be 100 feet or 150% of the system height, whichever is greater, provided that the small wind energy system shall cast no shadow on adjacent property, which shall be demonstrated to the satisfaction of the reviewing / approving Board or Township official issuing a permit for the proposed small wind energy system. The demonstration that the small wind turbine shall cast no shadow on adjoining properties shall be calculated on the shortest day of the year, when the sun's daily maximum position in the sky is the lowest of the year.
(4) 
The wind generator and the tower may be located in side and rear yard areas only. Associated control or conversion electronics, wiring and utility poles that are necessary for connection and power consumption on the property shall be set back from all property lines as prescribed in § 132-50F below.
(5) 
The wind generator and the tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color or finish is approved by the approving authority.
(6) 
The small wind generator and tower shall be enclosed within a fenced compound or suitable security barrier to restrict access to all exterior ground-mounted equipment and components of the small wind energy system. Such fence or security barrier shall be of sufficient height to comply with electrical and building code requirements, but in no case shall it be less than six feet in height. The fence or security barrier shall be visually screened from off-site view with evergreen trees, which shall be planted in double rows, staggered 15 feet on center, adjacent to the fence or security barrier.
(7) 
The small wind generator tower shall be fitted with anticlimbing devices or suitable barriers to prevent climbing on the tower.
(8) 
The small wind generation tower shall comply with § 132-54, Performance standards for all uses, Subsection E. Acceptable noise levels shall be calculated through the use of computer modeling to demonstrate that sound pressure levels comply with noise limits set forth in § 132-54E. Noise level modeling shall be subject to approval by the Township Engineer.
(9) 
There shall be no signs visible from any public road or neighboring property posted on a small wind generator system or any associated building, except for the manufacturer's or installer's identification, appropriate warning sign, or owner identification.
(10) 
Abandonment.
(a) 
A small wind energy system that is out of service for a continuous twelve-month period will be deemed to be abandoned. The Zoning Officer shall issue a notice of abandonment to the owner of a small wind energy system that is deemed to be abandoned. The notice shall be sent return receipt requested.
(b) 
The property owner shall have 30 days to respond to the notice of abandonment from the receipt date of the notice.
(c) 
If the property owner provides information that demonstrates the small wind energy system has not been abandoned, the Zoning Officer shall withdraw the notice of abandonment and notify the property owner that the notice has been withdrawn.
(d) 
If the Zoning Officer determines the small wind energy system has been abandoned, the property owner shall remove the facility in its entirety at the owner's sole expense within three months after the owner receives the notice of abandonment.
(e) 
If the property owner fails to remove the facility in the time allowed under Subsection D(10)(d) above, then the Township may remove such system and place a lien on the property for the cost of the removal.
(11) 
The small wind energy system shall not cause flickering shadows on adjoining properties.
(12) 
The small wind energy system shall not be visible from any portion of the Delaware River and its tributaries included in the National Wild and Scenic Rivers System.
(13) 
The small wind energy system shall comply with all applicable building and electrical codes.
E. 
Height and area of accessory buildings and structures. The height and area of accessory buildings shall be as prescribed in Article II.
[Amended 8-4-2011 by Ord. No. 16-20-2011; 3-1-2012 by Ord. No. 17-02-2012]
F. 
Locations. An accessory building may be erected in side and rear yard areas only at no less distance from the front lot line than the principal structure and shall be set back from side and rear lot lines as prescribed in Article III and the Schedule of Lot and Building Requirements located at the end of this chapter, except that:
[Amended 7-26-1993 by Ord. No. 8-13-93; 3-18-2002 by Ord. No. 11-5-2002; 8-4-2011 by Ord. No. 16-20-2011; 3-1-2012 by Ord. No. 17-02-2012; 4-5-2018 by Ord. No. 19-03-2018]
(1) 
Accessory buildings, whose primary purpose is the storage of garden tools, mowers and other ancillary residential items and are less than 200 square feet in area, may be located within 15 feet of any side or rear lot line on lots of three acres or less.
(2) 
If erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street.
(3) 
No poultry or livestock shelter shall be erected nearer than 100 feet to any lot line.
All lots upon which the natural contour of the ground is disturbed during development shall be landscaped prior to the issuance of a certificate of occupancy. Unless otherwise required by this chapter, the landscaping may consist of the placement of sod or the seeding of grass seed. All lots on which fill is to be placed shall be filled with clean fill and covered with topsoil to allow the development of ground cover. All soil disturbance activities shall comply with the Soil Erosion Control Ordinance of the Township of Kingwood[1] and final grades and contours shall ensure that surface drainage of the lot does not create an adverse impact upon adjacent properties, including water stagnation or increase of runoff. In addition, final contours shall ensure that surface drainage complies with sound planning for public storm sewers, drainage rights-of-way and natural drainage rights-of-way. All site plans and major subdivisions shall incorporate on-site stormwater facilities that will encourage the recharging of underground aquifers and/or ensure that stormwater leaves the site at an acceptable rate.
[1]
Editor's Note: See Ch. 103, Soil Erosions.
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial, apartment or other similar uses having common off-street parking and/or loading areas and building complexes requiring area lighting shall provide facilities for adequate illumination while the facility being served is in use from 1/2 hour after sunset to 1/2 hour before sunrise. The lighting plan in and around the parking areas shall provide for nonglare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the area to be illuminated, shall average a minimum of 0.5 footcandle over the entire area and shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source spaced a distance not to exceed five times the mounting height. Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval by the Planning Board.
A. 
Landscaping.
(1) 
Except for detached dwelling units, a screen planting of dense evergreen material not less than four feet in height shall be provided between the off-street parking areas and any lot line or street line, except where a building intervenes or where the distance between such area and the lot line or street line is greater than 150 feet.
(2) 
All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street, adjacent residential districts or uses and the front yards of adjacent commercial and industrial uses. Such screening shall be by a fence, wall, planting or combination of the three and shall not be less than four feet nor more than six feet in height.
(3) 
Each off-street parking area shall have a minimum of one parking space per every 30 parking spaces landscaped, with 1/2 of said spaces having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet. Such spaces shall be distributed throughout the parking area in order to break the view of long rows of parked cars in a manner not impairing visibility.
B. 
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with § 132-52. All parking facilities providing five or more parking spaces shall be lighted.
C. 
Surfacing and curbing.
(1) 
Off-street parking lots and loading areas, together with their access aisles, driveways and fire lanes shall not occupy more than 30% of the lot area, except for detached single-family dwellings. All parking and loading areas and access drives shall be paved as outlined below, or the equivalent, as determined by the Township Engineer and approved as part of the site plan approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.
(a) 
Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience similar heavy traffic shall be paved with not less than four inches of compacted base course of plant-mixed bituminous stabilized base course constructed in layers not more than two inches compacted thickness and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1961) and amendments thereto. A minimum two-inch thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department Specifications and amendments thereto.
(b) 
Parking stall areas and other areas likely to experience similar light traffic shall be paved with not less than three inches of compacted base course of plant-mixed bituminous stabilized base course, prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1961) and amendments thereto. A one-and-one-half-inch compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department Specifications and amendments thereto.
(c) 
Where subbase conditions of proposed parking and loading areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subbase, the treatment of the subbase shall be made in the following manner: The area shall be excavated to a depth of six to 12 inches below the proposed finished grade and filled with suitable subbase material as determined by the Township Engineer. Where required by the Township Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material as described heretofore shall be spread thereon.
(d) 
Where parking is required for a use other than a single-family house in the VR or AR-2 Districts or where the required parking spaces are less than five for any use in any district, the Planning Board may, where there is evidence that the use of bituminous material will be incompatible with the rural or residential surroundings or will create water runoff problems, permit the use of other materials.
(2) 
All off-street parking, off-street loading and service areas shall be separated from walkways, sidewalks, streets or alleys by curbing or other protective device. Curbing or other protective devices may be required for other off-street parking and loading areas where it is necessary to control entrances and exits, for drainage control and to ensure the protection of landscaped areas and buffer zones. All curbing shall be Belgium-block or concrete.
(3) 
All off-street parking lots shall have adequate designation to indicate traffic flow and parking spaces.
D. 
Access. Access points from any one lot crossing the street line shall be limited to a maximum of two along the frontage of any single street. The center lines of any separate access points shall be spaced at least 65 feet apart, shall handle no more than two lanes of traffic, shall be at least 35 feet from any property line and shall be set back from the street line of any intersecting street at least 50 feet or 1/2 of the lot frontage, whichever is greater, except that in no case need the setback distance exceed 200 feet. Continuous open driveways in excess of 16 feet at the street line shall be prohibited. Driveways of more than 16 feet may be permitted with the approval of the Planning Board, giving due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes. Curbing shall be depressed at the driveway, or the curbing may be rounded at the corners and the driveways connected with the street in the same manner as another street.
E. 
Location of parking and loading. Required off-street parking and loading spaces shall be located on the same lot or premises as the use served regardless of the number of spaces required by this chapter. No parking of vehicles shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.
F. 
Type of facility. Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable. The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
Angle of Parking Space
(degrees)
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90
22
25
60
18
20
45
15
20
30
12
18
parallel
12
18
G. 
Required parking spaces.
[Added 7-26-1993 by Ord. No. 8-13-93]
(1) 
Where there are a mixture of uses on site, the total parking requirement shall be the sum of the requirements for each component use based on the gross floor area or other measurements for each use. In the event that the total parking resulting from this combination of uses is less than would be required if the development consisted of the use(s) with the most parking requirements, either the applicant shall indicate reserved area(s) for additional parking meeting the requirements of this chapter for the use(s) with the greatest parking requirements or a notice shall be included on the plat in the approving resolution and in the deed stating "No change in use shall be permitted without a review and approval of the site plan to determine whether adequate parking exists on site; and, if adequate parking cannot be provided, the change in use will not be permitted."
(2) 
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.
H. 
Parking space size. Parking spaces shall measure at least 10 feet in width. All spaces shall be at least 20 feet in length, except that where the perimeter parking spaces overhang the curbline or where they may overhang interior islands, the parking spaces may be reduced to 18 feet in length, provided that the overhanging vehicles do not interfere with sidewalks, trees, plant material or other facilities in the overhang area. Aisle widths shall be in accordance with § 132-53F.
[Added 7-26-1993 by Ord. No. 8-13-93]
I. 
Minimum off-street loading.
[Added 7-26-1993 by Ord. No. 8-13-93]
(1) 
Each nonresidential use shall provide at least one space per use unless the applicant can demonstrate to the satisfaction of the reviewing board that such space is unnecessary. A second space shall be required when the gross floor area of the building reaches 40,000 square feet in offices and 20,000 square feet for other permitted uses, except that one space shall be properly dimensioned at each loading platform or service entrance designed into the building, regardless of the number.
(2) 
Each space shall measure at least 12 feet in width and be 60 feet in length to accommodate a tractor trailer, unless the Planning Board approves a plan where one or more spaces might be designed for step vans or other delivery vehicles smaller than tractor trailers, in which case the spaces shall be dimensioned at 12 feet in width and 40 feet in length. In that event, the applicant shall provide expert testimony as to the size of vehicles to be used, but in any event loading spaces accessing supermarkets, retail uses and other large stores with major storage areas shall be sized for tractor trailers. In addition, the access aisle for loading spaces shall be sized to provide adequate maneuvering area for tractor trailers and other vehicles without requiring another vehicle to be moved. This aisle for perpendicular parking of tractor trailers shall be at least another 65 feet in addition to the length of the loading space. Perpendicular parking of other trucks shall have an aisle at least 50 feet wide whereas vehicles not exceeding 20 feet in length shall have aisles at least 25 feet wide.
[Amended 7-26-1993 by Ord. No. 8-13-93]
An application for a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a building permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any user or any structure. In the event that any use fails to meet the performance standards after the certificate of occupancy is issued, the Zoning Officer may, after proper notice, revoke the certificate, and the use shall terminate.
A. 
Buffers. Buffer areas are required along lot and street lines of all nonresidential lots where said property lines or the center line of adjacent streets abut residential uses or residential zoning district lines. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent nonresidential districts. Unless otherwise indicated in this chapter, the width of the buffer area shall be a minimum of 25 feet in the VC-1 and PO/R Districts and 50 feet in all other nonresidential districts.
(1) 
Buffer areas shall be measured horizontally and be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:
(2) 
Buffer areas shall be graded and planted to visually screen commercial operations from adjoining residential property by dense plantings of conifers, deciduous trees and shrubbery consisting of a minimum of two rows of plant material, staggered and grouped to meet the intended purposes. Conifers shall be planted no more than 15 feet apart and be at least six feet tall when planted. Deciduous trees shall be spaced no more than 40 feet apart and be equally divided among trees either eight feet or 12 feet tall when planted. Shrubbery shall be at least two feet tall when planted and be spaced and mixed among the conifers and deciduous trees to fill visual voids, add color variety, alter the texture of material or for other aesthetic purposes. If appropriate, an additional row of plant material may be required, bringing the total to three rows. Berming may also be required within these planting areas if found appropriate by the Planning Board. The density of the buffer provided shall be such that all glare of automobile headlights emitted from the premises is obscured throughout the full course of the year. The plant materials shall be of nursery stock and shall be free of insects and disease.
(3) 
Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.
(4) 
The screen planting shall be so placed that at maturity the plant material will be no closer than three feet from any street or property line.
(5) 
The buffer areas shall not be broken unless specifically approved by the Planning Board.
B. 
Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line as the result of the operation of such equipment.
C. 
No use shall produce a strong dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. There shall be no glare exceeding 0.03 footcandle measured at the property line of the lot occupied by such use, except that this shall not apply to lights used at entrance or exits of service drives leading to a parking lot. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.
D. 
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any part of any streams or other watercourses.
E. 
Noise.
[Amended 3-1-2012 by Ord. No. 17-03-2012]
(1) 
Declaration of findings and policy.
(a) 
Whereas excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life; and whereas a substantial body of science and technology exists by which excessive sound may be substantially abated; and whereas the people have a right to, and should be ensured of, an environment free from excessive sound, now, therefore, it is the policy of Kingwood Township to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life.
(b) 
This Subsection E shall apply to the control of sound originating from sources within Kingwood Township, Hunterdon County, NJ.
(2) 
Definitions. The following words and terms, when used in this Subsection E, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this Subsection E have the same meaning as those defined in N.J.A.C. 7:29.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar action of buildings or structures.
dB(C)
The sound level as measured using the "C" weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is dB(C). The "C" weighting network is more sensitive to low frequencies than is the "A" weighting network.
DEMOLITION
Any dismantling, destruction or removal of buildings, structures, or roadways.
DEPARTMENT
The New Jersey Department of Environmental Protection.
EMERGENCY WORK
Any work or action necessary at the site of an emergency, including a residential site, to restore or deliver essential services, including, but not limited to, repairing water, gas, electricity, telephone or sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, dredging navigational waterways, or abating life-threatening conditions or a state of emergency declared by a governing agency.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.
MINOR VIOLATION
A violation that is not the result of the purposeful, reckless or criminally negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has not been the subject of an enforcement action by any authorized local, county or state enforcement agency against the violator within the immediately preceding 12 months for the same or substantially similar violation.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal power on land.
MUFFLER
A properly functioning sound-dissipative device or system for abating the sound on engines or equipment where such device is part of the normal configuration of the equipment.
MULTI-DWELLING-UNIT BUILDING
Any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple-family houses, townhouses, and attached residences.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to:
(a) 
A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or
(b) 
A building that is both commercial property (usually on the ground floor) and residential property, located above, below or otherwise adjacent thereto.
NOISE CONTROL INVESTIGATOR (NCI)
An employee of a municipality, county or regional health commission that has a Department-approved model noise control ordinance and the employee has not received noise enforcement training as specified by the Department in N.J.A.C. 7:29. However, he/she is knowledgeable about the model noise ordinance and enforcement procedures. A Noise Control Investigator may only enforce sections of the ordinance that do not require the use of a sound level meter. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
NOISE CONTROL OFFICER (NCO)
An employee of a local, county or regional health agency which is certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities or an employee of a municipality with a Department-approved model noise control ordinance. All NCOs must receive noise enforcement training as specified by the Department in N.J.A.C. 7:29 and be currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
PLAINLY AUDIBLE
Any sound that can be detected by an NCO or an NCI using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The NCO or NCI need not determine the title, specific words, or the artist performing the song.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a nongovernmental entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
Either the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling-unit building; or, on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). [Note: This definition shall not apply to a commercial source and a commercial receptor which are both located on the same parcel of property (e.g., a strip mall).]
SOUND PRODUCTION DEVICE
Any device whose primary function is the production of sound, including but not limited to any musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment.
SOUND REDUCTION DEVICE
Any device, such as a muffler, baffle, shroud, jacket, enclosure, isolator, or dampener provided by the manufacturer with the equipment, or that is otherwise required, that mitigates the sound emissions of the equipment.
WEEKDAY
Any day that is not a federal holiday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKEND
Beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.
(3) 
Applicability.
(a) 
This Subsection E applies to sound from the following property categories:
[1] 
Industrial facilities;
[2] 
Commercial facilities;
[3] 
Public service facilities;
[4] 
Community service facilities;
[5] 
Residential properties;
[6] 
Multi-use properties;
[7] 
Public and private rights-of-way;
[8] 
Public spaces; and
[9] 
Multi-dwelling-unit buildings.
(b) 
This Subsection E applies to sound received at the following property categories:
[1] 
Commercial facilities;
[2] 
Public service facilities;
[3] 
Community service facilities (i.e., nonprofits and/or religious facilities);
[4] 
Residential properties;
[5] 
Multi-use properties; and
[6] 
Multi-dwelling-unit buildings.
(c) 
Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.4, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds.
(4) 
Exemptions:
(a) 
Except as provided in Subsection E(9) and (10) below, the provisions of this Subsection E shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5.
(b) 
Sound production devices required or sanctioned under the Americans with Disabilities Act (ADA), FEMA or other government agencies to the extent that they comply with the noise requirement of the enabling legislation or regulation. Devices which are exempted under N.J.A.C. 7:29-1.5 shall continue to be exempted.
(c) 
Construction and demolition activities are exempt from the sound level limits set forth in Tables I, II and III,[1] except as provided for in Subsection E(9) below.
[1]
Editor's Note: Tables I, II and III are included following Subsection E(7)(b).
(5) 
Enforcement Officers.
(a) 
Noise Control Officers shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this Subsection E and pursue enforcement activities.
(b) 
Noise Control Investigators shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this Subsection E that do not require the use of a sound level meter (i.e., plainly audible, times of day and/or distance determinations) and pursue enforcement activities.
(c) 
Noise Control Officers and Investigators may cooperate with NCOs and NCIs of an adjacent municipality in enforcing one another's municipal noise ordinances.
(6) 
Measurement protocols.
(a) 
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in Subsection E(6)(b) and with the definition of "real property line" as contained herein.
(b) 
When conducting indoor sound level measurements across a real property line, the measurements shall be taken at least three feet from any wall, floor or ceiling and all exterior doors and windows may, at the discretion of the investigator, be closed. The neighborhood residual sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound level, the configuration of the windows and doors shall be the same and all sound sources within the dwelling unit must be shut off (e.g., television, stereo). Measurements shall not be taken in areas which receive only casual use, such as hallways, closets and bathrooms.
(7) 
Maximum permissible sound levels.
(a) 
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection E(3)(a) above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Table I, II or III when measured at or within the real property line of any of the receiving properties listed in Table I, II or III, except as specified in Subsection E(6)(b).
(b) 
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00 a.m., impulsive sound which occurs less than four times in any hour shall not equal or exceed 80 decibels. Impulsive sound which repeats four or more times in any hour shall be measured as continuous sound and shall meet the requirements as shown in Tables I and II.
Table I
Maximum Permissible A-Weighted Sound Levels When Measured Outdoors
Receiving
Property
Category
Residential property or residential portion of multi-use property
Commercial facility, public service facility, nonresidential portion of multi-use property, or community service facility
Time
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
24 hours
Maximum A-weighted sound level standard, dB
65
50
65
Table II
Maximum Permissible A-Weighted Sound Levels
When Measured Indoors
Receiving
Property
Category
Residential property, or residential portion of a multi-use property
Commercial facility or nonresidential portion of a multi-use property
Time
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
24 hours
Maximum A-weighted sound
level standard, dB
55
40
55
Note: Table II shall only apply when the source and the receptor are separated by a real property line and they also share a common or abutting wall, floor or ceiling, or are on the same parcel of property.
Table III
Maximum Permissible Octave Band
Sound Pressure Levels in Decibels
Receiving Property Category
Residential property or residential portion of multi-use property
Residential property or residential portion of multi-use property
Commercial facility, public service facility, nonresidential portion of multi-use property, or community service facility
Commercial facility or nonresidential portion of multi-use property
OUTDOORS
INDOORS
Octave Band Sound Pressure Level,
dB
Octave Band Sound Pressure Level,
dB
Octave Band Sound Pressure Level, dB
Octave Band Sound Pressure level, dB
Time
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
24 hours
24 hours
Octave Band Center Frequency, Hz.
31.5
96
86
86
76
96
86
63
82
71
72
61
82
72
125
74
61
64
51
74
64
250
67
53
57
43
67
57
500
63
48
53
38
63
53
1,000
60
45
50
35
60
50
2,000
57
42
47
32
57
47
4,000
55
40
45
30
55
45
8,000
53
38
43
28
53
43
Note: When octave measurements are made, the sound from the source must be constant in level and character. If octave band sound pressure level variations exceed plus or minus 2 dB in the bands containing the principal source frequencies, discontinue the measurement.
(8) 
Sound production devices. No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in Subsection E(6)(b). These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
Table IV
Maximum Permissible Increase in Total Sound Levels
Within a Residential Property
Weeknights
10:00 p.m. to 7:00 a.m.
Weekend nights
11:00 p.m. to 9:00 a.m.
All other times
3 dB(C)
6 dB(C)
(9) 
Restricted uses and activities. The following standards shall apply to the activities or sources of sound set forth below:
(a) 
Excluding emergency work, power tools, home maintenance tools, landscaping and/or yard maintenance equipment used by a residential property owner or tenant shall not be operated between the hours of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable limits set forth in Tables I, II and III. At all other times the limits set forth in Tables I, II and III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device.
(b) 
Excluding emergency work, power tools, landscaping and/or yard maintenance equipment used by nonresidential operators (e.g., commercial operators, public employees) shall not be operated on a residential, commercial, industrial or public (e.g., golf course, parks, athletic fields) property between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays, unless such activities can meet the limits set forth in Tables I, II and III. At all other times the limits set forth in Tables I, II and III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device.
(c) 
No construction and demolition activity, excluding emergency work, shall be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and federal holidays, unless such activities can meet the limits set forth in Tables I, II and III. At all other times the limits set forth in Tables I, II and III do not apply. All motorized equipment used in construction and demolition activity shall be operated with a muffler and/or sound reduction device.
(d) 
Motorized snow removal equipment shall be operated with a muffler and/or a sound reduction device when being used for snow removal. At all other times the limits set forth in Tables I, II and III do not apply.
(e) 
All interior and exterior burglar alarms of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five minutes for continuous airborne sound and 15 minutes for intermittent sound after it has been activated. At all other times the limits set forth in Tables I, II and III do not apply.
(f) 
Self-contained, portable, nonvehicular music or sound production devices shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound, operated on a public space or public right-of-way, from such equipment shall not be plainly audible at a distance of 25 feet in any direction from the operator.
(g) 
Noise from animals.
[1] 
It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which unreasonably disturbs or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a Noise Control Officer or Noise Control Investigator. Prima facie evidence of a violation of this section shall include but not be limited to:
[a] 
Vocalizing (howling, yelping, barking, squawking, etc.) for five minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or
[b] 
Vocalizing for 20 minutes intermittently, defined as an average of two vocalizations or more per minute in that period.
[2] 
It is an affirmative defense under this subsection that the dog or other animal was intentionally provoked to bark or make any other noise.
(10) 
Motor vehicles. Violations of each subsection of this Subsection E(10) shall be considered purposeful and therefore non-minor violations.
(a) 
No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of way.
(b) 
No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the federal noise regulations under 40 CFR Part 205.
(c) 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at a distance of 25 feet in any direction from the operator between the hours of 10:00 p.m. and 8:00 a.m.
(d) 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m.
(11) 
Enforcement.
(a) 
Violation of any provision of this Subsection E shall be cause for a notice of violation (NOV) or a notice of penalty assessment (NOPA) document to be issued to the violator by the Noise Control Officer or Noise Control Investigator.
(b) 
Any person who violates any provision of this Subsection E shall be subject to a civil penalty, for each offense, of not more than $3,000. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
(c) 
Upon identification of a violation of this Subsection E the Noise Control Officer or Noise Control Investigator shall issue an enforcement document to the violator. The enforcement document shall identify the condition or activity that constitutes the violation and the specific provision of this Subsection E that has been violated. It shall also indicate whether the violator has a period of time to correct the violation before a penalty is sought.
(d) 
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation, as defined in Subsection E(2), an NOV shall be issued to the violator.
[1] 
The document shall indicate that the purpose of the NOV is intended to serve as a notice to warn the responsible party/violator of the violation conditions in order to provide them with an opportunity to voluntarily investigate the matter and voluntarily take corrective action to address the identified violation.
[2] 
The NOV shall identify the time period (up to 90 days), pursuant to the Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible party's/violator's voluntary action can prevent a formal enforcement action with penalties issued by the Kingwood Township or Hunterdon County Board of Health. It shall be noted that the NOV does not constitute a formal enforcement action, a final agency action or a final legal determination that a violation has occurred. Therefore, the NOV may not be appealed or contested.
[3] 
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a non-minor violation the violator shall be notified that if the violation is not immediately corrected a NOPA with a civil penalty of no more than $3,000 will be issued. If a non-minor violation is immediately corrected, an NOV without a civil penalty shall still be issued to document the violation. If the violation occurs again (within 12 months of the initial violation) a NOPA shall be issued regardless of whether the violation is immediately corrected or not.
[4] 
The violator may request, from the Noise Control Officer or Noise Control Investigator, an extension of the compliance deadline in the enforcement action. The Noise Control Officer or Noise Control Investigator shall have the option to approve any reasonable request for an extension (not to exceed 180 days) if the violator can demonstrate that a good-faith effort has been made to achieve compliance. If an extension is not granted and the violation continues to exist after the grace period ends, a NOPA shall be issued.
[5] 
The recipient of a NOPA shall be entitled to a hearing in a municipal court having jurisdiction to contest such action.
[6] 
The Noise Control Officer or Noise Control Investigator may seek injunctive relief if the responsible party does not remediate the violation within the period of time specified in the NOPA issued.
[7] 
Any claim for a civil penalty may be compromised and settled based on the following factors:
[a] 
Mitigating or any other extenuating circumstances;
[b] 
The timely implementation by the violator of measures which lead to compliance;
[c] 
The conduct of the violator; and
[d] 
The compliance history of the violator.
F. 
Odor. Odors shall not be discernible at the lot line or beyond.
G. 
Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer or otherwise render such stream, watercourse or underground aquifer undesirable as a source of water supply or recreation or which will destroy aquatic life, be allowed to enter any stream, watercourse or underground aquifer. All materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. This provision shall not be construed to prohibit acceptable farming practices, cultivating land, fertilization, treatment or other farming activity involving land.
H. 
Vibrations. No use shall cause earth vibrations or concussions, with the exception of that vibration produced as a result of construction or demolition activity.
A. 
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in the side or rear yard area and shall meet the setback distances for accessory buildings as specified in Article III for each particular zoning district, except that in no case may a swimming pool be located closer than 15 feet to any lot line.
B. 
Swimming pools shall occupy no more than 75% of rear or side yard area in which they are located.
C. 
A private residential swimming pool area must be surrounded by a suitable fence and a self-latching gate at least four feet in height but no more than six feet in height if the pool is located in a side yard. If a pool is located in a rear yard, the fence may be of greater height than six feet.
[Added 9-21-1987 by Ord. No. 5-7-87]
A. 
Prior to preliminary approval of a subdivision or site plan, and as a condition of preliminary and final approval, the approving authority may require, in accordance with the standards of this chapter and the Circulation Plan and the Utilities Services Plan adopted as part of the Township Master Plan, that the developer be financially responsible for his pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within the development. "Approving authority" shall mean the Planning Board or Board of Adjustment in their authorized capacities when acting upon subdivision or site plan applications. It is the intent of these provisions that the developer be compelled to bear that portion of the cost of such off-tract improvements bearing a rational nexus to the needs created by, and benefits conferred upon, the development. Such off-tract improvements shall be required as follows:
B. 
Improvements to be constructed at the sole expense of the applicant. In cases where no property other than the property in the development will receive a special benefit thereby, the approving authority may require the applicant, as a condition of approval and at the applicant's expense, to provide for and construct such improvement(s) as if the improvements were on-tract improvements, in the manner provided in this chapter.
C. 
Other improvements.
(1) 
In cases where the need for any off-tract improvement is necessitated by the proposed development and the approving authority determines that the properties outside the development will also be benefited by the improvement, the approving authority shall forward to the governing body a list and description of proposed off-tract improvements, together with a request that the governing body determine and advise the approving authority of the procedure to be followed in the construction and installation thereof. The approving authority shall act upon the development application within the prescribed time period for the approval of the development application, subject to:
(a) 
Receipt of the governing body's determination; or
(b) 
The passage of 30 days without a response from the governing body, except that if the applicant consents to additional time for such response, the time for action shall be extended to include the additional time.
(2) 
The governing body, within 30 days after the receipt of such list and description, or any additional time consented to by the applicant, shall determine and advise the approving authority whether:
(a) 
The improvement(s) are to be constructed or installed by the Township:
[1] 
As a general improvement, the cost of which is to be borne as a general expense, except as hereinafter otherwise provided as to a contribution by the applicant; or
[2] 
As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with law, except as hereinafter otherwise provided as to a contribution thereto by the applicant; or
(b) 
The improvement(s) are to be constructed or installed by the applicant under the formula as set forth in this chapter.
(3) 
If the governing body shall determine that the improvement(s) shall be constructed or installed under Subsection C(2)(a)[1] hereinabove, the approving authority shall estimate, with the aid of the Township Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specifically benefited thereby, and the applicant shall be liable to the Township for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement(s) in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(4) 
If the governing body shall determine that the improvement(s) shall be constructed or installed under Subsection C(2)(a)[2] hereinabove, the approving authority shall, as provided in Subsection C(3) hereinabove, estimate the difference between the total costs of the improvement(s) and the total amount by which all properties will be benefited, including the development property, and the applicant shall be liable to the Township for this difference, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement(s). Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement(s) and the assessment of benefits arising from the improvement(s) in a manner consistent with the obligation of the applicant.
(5) 
If the governing body shall determine that the improvement(s) are to be constructed or installed by the applicant under Subsection C(2)(b) hereinabove, the approving authority shall estimate the amount of such excess as set forth above, and the applicant shall be liable to the Township for those excess costs, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement(s). However, the applicant shall be entitled to be reimbursed by the Township for the amount of any special assessment against property other than the development property for benefits conferred by the improvement(s), such reimbursement to be made if, as and when the special assessments against such other property are received by the Township. Further, the governing body shall adopt an ordinance authorizing and providing for the assessment against all properties for the benefits conferred by the improvement(s), including the development property, and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement(s) by the applicant.
(6) 
Where a developer pays the amount determined as his pro rata share under protest, he/she shall institute legal proceedings within one year of such payment in order to preserve the right to a judicial determination as to fairness and reasonableness of such amount.
D. 
Performance guaranty. Unless the applicant has completed the installation of the improvements required as part of preliminary plat approval and said improvements have been completed to the satisfaction of the Township Committee upon the advice and recommendation of the Township Engineer, the applicant shall be required to provide, as a condition for final approval of the development, a performance guaranty running to the Township based upon a performance guaranty cost estimate determined as follows:
(1) 
If the improvement is to be constructed by the applicant under Subsection A hereinabove, or under Subsection C(2)(b) hereinabove, a performance guaranty cost estimate shall be submitted in an amount equal to 120% of the estimated cost of the improvement or, where any part of said improvement is to be acquired or installed by the Township under said Subsection A, then 120% of the estimated cost of acquisition or installation by the Township.
(2) 
If the improvement is to be constructed by the Township as a general improvement under Subsection C(2)(a)[1] hereinabove, a performance guaranty cost estimate equal to 120% of the amount of the excess cost over the total amount by which all properties, including the development property, will be specially benefited thereby.
(3) 
If the improvement is to be constructed by the Township as a local improvement under Subsection C(2)(a)[2] hereinabove, a performance guaranty cost estimate equal to 120% of the amount set forth in Subsection D(2) above, plus the estimated amount by which the development property will be specially benefited by the improvement.
E. 
Refund of deposit where improvements are not authorized within five years. Where an applicant deposits money with the Township for the completion of an improvement that is to be constructed by the Township, the applicant shall be entitled to a full refund of such deposit if the governing body shall not have enacted an ordinance authorizing the improvement within five years after the date all other improvements related to the development have been satisfactorily completed.
F. 
Deposit of funds. All moneys paid to the Township by an applicant pursuant to this section shall be paid to the Township Treasurer[1] and held in escrow. The Treasurer shall provide a suitable depository therefor in an interest-bearing account. Such funds shall be used only for the improvements for which they were deposited or improvements serving the same purpose. Where such deposits are in excess of $5,000, the money shall continue to be the property of the applicant and shall be held in trust by the Township. Any refunds or payment of interest to the applicant shall be in accordance with N.J.S.A. 40:55D-53.1.
[1]
Editor's Note: Ordinance No. 7-3-90, adopted 2-15-1990, abolished the office of Township Treasurer and transferred powers to the Chief Financial Officer. See Ch. 31, § 31-22.
G. 
Time for applicant to construct. If the applicant is required to construct off-tract improvement(s) pursuant to this section, the approving authority may establish a reasonable time within which such improvements shall be constructed. Such time period, as well as the satisfactory construction of the improvement(s), shall be conditions of any performance guaranty.
H. 
Redetermination of assessment upon completion of improvement. Upon completion of required off-tract improvement(s), the applicant's liability hereunder shall be recalculated in accordance with the actual cost, as compared with the estimated cost, of the improvement(s). To the extent such recalculation increases the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith pay the amount of such increase to the Township. To the extent the recalculation decreases the amount, the Township shall forthwith refund the amount of such decrease to the applicant. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the Township assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Municipal Engineer.
I. 
Any performance guaranty cost estimate required under § 115-8 of this Code as it applies to off-tract improvements, whose cost is to be prorated only, shall be calculated under Subsection D hereinabove.
J. 
Standards for determining the proportionate or pro rata cost. The proportionate or pro rata cost of off-tract improvements shall be proportioned or prorated pursuant to this section and those prescribed by state law and also, with reference to particular types of improvements described below, as follows:
(1) 
Street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of new streets and other similar street or traffic improvements. The owner's or developer's proportionate cost shall be calculated as follows:
(a) 
For nonresidential development, the cost shall be based on the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the total of the estimated peak-hour traffic generated by the development, plus the remaining capacity of the existing system but not less than zero in the event a system is operating in excess of its design capacity. For purposes of determining capacity, Level of Service B shall be used.
(b) 
For residential development, the cost shall be based on the ratio of the number of dwelling units proposed in the subdivision or site plan to the total number of existing and potential dwelling units having a reasonable impact on the facility or improvement under consideration.
(c) 
The ratios thus calculated shall be increased by 10% to help defray the Township's legal, engineering and other professional and administrative costs.
(2) 
Stormwater and drainage improvements, including the installation, relocation or replacement of storm sewers, culverts, bridges, catch basins, detention and retention ponds and the installation, relocation or replacement of other appurtenances associated therewith. The owner's or developer's proportionate cost shall be the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system, measured in cubic feet per second, to the total of the peak flow to be delivered by the project, plus the remaining capacity of the existing system, but not less than zero in the event that a system is operating in excess of its design capacity. The ratio thus calculated shall be increased by 10% to help defray legal, engineering and other professional and administrative costs. For purposes of determining peak flow, a twenty-five-year storm shall be used for the stormwater system, and a one-hundred-year storm shall be used to determine the capacity at low points and stream crossings.
[Added 9-22-1988 by Ord. No. 6-13-88]
A. 
Continuation. Any lawful nonconforming use or structure existing at the time of the passage of this section may be continued upon the lot or in the structure, and any such structure may be sold or transferred or restored or repaired in the event of partial or total destruction thereof.
B. 
Expansion. Any lawful nonconforming use or structure with frontage on Route 12 may be expanded, provided that the proposal receives site plan approval and does not violate any setback, floor area ratio, residential density, building height, lot coverage, off-street parking and loading, buffer or other design requirements of this chapter for the district in which it is located and the well and septic system are adequate for the use proposed.
C. 
Lawful condition. For purposes of this section, a lawful nonconforming use or structure shall be a use or structure that existed before the first Zoning Ordinance was adopted by the Township or, following the adoption of the first Zoning Ordinance, shall be a use or structure for which a zoning variance was granted from any prior ordinance or a use or structure that conformed to a prior ordinance but was made nonconforming by a subsequent zoning amendment. The burden of proof as to the legality of an existing use or structure shall be on the owner. If proof cannot be provided to the satisfaction of the Planning Board or Board of Adjustment before whom the application is pending, the use or structure shall be determined not to be lawful, and the appropriate zoning variances shall be required prior to rebuilding or expanding under the terms of this section.
D. 
Construction on nonconforming lots. Any land which is a separate tax lot and which does not meet one or more of the minimum lot size, depth or width requirements established for a lot in the zone in which such lot is located may be used for any purpose, except multiple dwellings, permitted in that zone, provided that the lot meets all of the following conditions.
[Added 11-18-1996 by Ord. No. 9-13-96]
(1) 
The lot was in existence as a separate lot at the time of adoption of the Zoning Ordinance which rendered it nonconforming.
(2) 
The owner of the lot does not own any other land adjoining the nonconforming lot.
(3) 
All other regulations, including but not limited to setback requirements applicable to the zone are complied with.
[Added 7-28-1993 by Ord. No. 8-13-93]
Each nonresidential use shall provide at least one trash and garbage pickup location which shall be approved on the site plan. The placement and facilities at each location shall be consistent with the Township's ordinance implementing the Source Separation and Recycling Act[1] to separate recyclable materials separate from garbage and other solid waste. The location of these facilities shall be either within a building or at a pickup location outside the building, which shall be a steel-like, totally enclosed container located to be obscured from view from parking areas, streets and adjacent residential districts by a solid wood fence, masonry wall, dense planting or some combination of the three. If located within a building, the doorway may serve both the loading as well as the trash/garbage collection function. If located outside a building, it may be located adjacent to or within the general loading area(s), provided that the container(s) does not interfere with or restrict the loading and unloading function.
[1]
Editor's Note: See Ch. 97, Recycling.
[Added 9-6-2005 by Ord. No. 13-9-2005]
A. 
Residential development requirements. All new residential development in any zoning district shall be required to provide affordable housing at the ratio of one affordable unit for every eight new market-rate residential units proposed. The provision of the affordable unit(s) required shall be through on-site construction, through the creation of affordable units off-site or through a payment in lieu of construction. See Subsection E hereinbelow, regarding the use of a payment in lieu of, where the obligation is or includes a fraction. If the developer elects to construct the affordable unit off-site but within Kingwood Township or through a payment in lieu of construction, each on-site unit otherwise required to be affordable to a low- or moderate-income household may be converted to a market-priced unit, but the developer's growth share obligation shall be increased accordingly and reflected in the number of units being constructed off-site but within Kingwood Township or through a payment in lieu of construction.
B. 
Nonresidential development requirements. All new nonresidential development in any zoning district shall be required to provide affordable housing constructed at the ratio of one affordable unit for every 25 new jobs created as a result of the proposed nonresidential development project. The calculation of the number of jobs created shall be in accordance with Appendix E of N.J.A.C. 5:94-1 et seq. entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share." The provision of the affordable unit(s) required shall be through on-site construction, through the creation of affordable units off-site or through a payment in lieu of construction. See Subsection E below regarding the use of a payment in lieu of, where the obligation includes a fraction.
C. 
Construction of affordable housing on site.
(1) 
Residential development.
(a) 
The affordable housing units may be provided within single-family detached buildings, duplex buildings, triplex buildings or quadriplex buildings designed to resemble as nearly as possible the single-family homes otherwise being constructed within the development to accommodate the market units. Duplex, triplex and quadriplex buildings containing low- and moderate-income housing units only shall be deemed to be permitted uses in the underlying zone when created for the purpose of meeting a gross share obligation on site.
(b) 
No density increase or bonus shall be granted for the construction of the affordable housing units on site, but the affordable housing units themselves shall not be included in the calculation of density for purposes of this section.
(c) 
The lots within the development may be reduced in area and width to 80% of the area and width otherwise required in the zone for the form of development proposed in order to accommodate the construction of the affordable housing units on one or more lots within the development. All required setbacks, building height, open space requirements and coverage limits for the zone shall be met on all lots, except that, for the purposes of accommodating patios and parking for the affordable units, the maximum impervious coverage on any lot containing affordable units may be increased by up to 10% of the impervious coverage otherwise allowed.
(d) 
All affordable units shall comply with COAH's rules pertaining to the phasing, integration, low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in the rules.
(e) 
All applicable Board of Health and NJ DEP regulations for water supply and sewage treatment shall be met.
(2) 
Nonresidential development.
(a) 
Affordable housing units may be constructed within or converted from space above the first floor level in nonresidential buildings or may be constructed in a separate building or buildings on the same site as a permitted nonresidential use or development, subject to site plan review by the Planning Board. A mixed use building or residential building on a nonresidentially zoned site accommodating up to four housing units, where all such housing units are deed restricted for affordability to and occupancy by low- and moderate-income households, shall be deemed to be a permitted use in any nonresidential zoning district in Kingwood Township, provided all other requirements of the Land Use Ordinance are met, including, but not limited to, the permitted density and impervious coverage limits.
(b) 
All required setbacks, building height and coverage limits for the zone shall be met on nonresidential lots containing affordable housing units, except that, for the purposes of accommodating walkways and parking for the affordable units, the maximum impervious coverage on any lot containing affordable units may be increased by up to 10% of the impervious coverage otherwise allowed.
(c) 
In computing the required parking for any mixed-use development containing affordable housing units, consideration shall be given to shared parking opportunities.
(d) 
All affordable units shall comply with COAH's rules pertaining to the phasing, integration, low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in the rules.
(e) 
All applicable Board of Health and NJ DEP regulations for water supply and sewage treatment shall be met.
D. 
Creation of affordable housing units off-site but within Kingwood Township.
(1) 
Developers electing to create affordable housing units elsewhere within Kingwood Township may do so within existing buildings, whether converted, reconstructed or purchased for buydown, in any zone of Kingwood Township, as set forth and regulated herein.
(2) 
The reconstruction or conversion of any existing dwelling or any existing agricultural structure into a building containing up to six dwellings, where all such dwelling units are deed restricted for affordability and occupancy by low- and moderate-income households, shall be deemed to be a permitted use in any zone, provided all of the requirements of the Land Use Ordinance are met, including, but not limited to, the maximum permitted zone density, and further provided that the requirements of this Subsection D are satisfied.
(3) 
No such individual dwelling unit shall be smaller than 550 square feet. All such units shall meet or shall be improved to meet Uniform Construction Code requirements and shall be certified to be in standard condition prior to their conveyance or occupancy.
(4) 
All affordable units shall comply with COAH's rules pertaining to the phasing (with the market units being constructed elsewhere by the same developer), low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in COAH's rules.
(5) 
All required setbacks, building height and impervious coverage limits for the zone shall be met on the lot except that existing setback deficiencies and other nonconformities of the lot and/or building(s) located thereon may be continued, for as long as the buildings remain on the site, without the need for additional variances.
E. 
Payments in lieu of construction.
(1) 
Payments in lieu of the construction of affordable housing shall be based upon a proportionate share of the total project cost embodied in one or more pro formas for the construction of an affordable housing development elsewhere within Kingwood Township, which pro forma(s) shall be on file in the office of the Township Clerk. If no pro formas are available, the developer shall prepare one, which will be subject to review and approval by the Township Committee. The actual payment in lieu of construction to be made by the developer may be subject to negotiation with the Township based upon the following considerations: the actual cost of buying down or subsidizing one or more existing or planned market price dwelling units to achieve an average rent level affordable to a household earning 52.5% of median income; the actual land cost of the site(s) earmarked for off-site affordable housing construction within Kingwood Township or reasonable and acceptable offers to substitute land, site preparation and/or construction services for all or a portion of the monetary payment otherwise required.
(2) 
Regardless of the mechanism selected by the developer for satisfying the required number of affordable housing units, any development or portion thereof that generates a fraction of an affordable housing unit as all or a portion of the obligation (because the development contains fewer than or more than a number of units that is evenly divisible by eight) shall under any circumstances be required to make a payment in lieu of construction for that fraction of a unit based on the pro-rated cost of constructing an affordable housing unit in Kingwood Township.
(3) 
Notwithstanding any language to the contrary within this chapter, there shall be an exception to the requirement for the payment of an in-lieu-of-construction contribution, as delineated hereinabove, in the case of the development of a single-family dwelling on a lot of record in existence on September 6, 2005, or a development approval for a Class I or a Class II minor subdivision (as defined in Chapter 115), provided that the real property of which the subdivision is a part has not been the subject of any other subdivision approval within the past three years from the date the Class I or Class II minor subdivision application is stamped received by the Township, in which case the applicant shall still be responsible for the payment of a development fee in accordance with § 132-13 of the Township Municipal Code. If, however, the Class I or Class II minor subdivision application has been received within the three-year period set forth above, then, and in such event, the payment of the in-lieu-of-construction contribution, as established by this chapter, shall apply. The foregoing exemption shall be applicable retroactively, as of November 1, 2005.
[Added 11-1-2005 by Ord. No. 13-13-2005; amended 12-5-2006 by Ord. No. 13-36-2006]
F. 
Other requirements.
(1) 
The use of any of the foregoing mechanisms for providing affordable housing within Kingwood Township shall be limited to the provision of nonage-restricted rental affordable housing units in compliance with all of COAH's rules set forth at N.J.A.C. 5:94-1 et seq.
(2) 
The Planning Board shall have the jurisdiction to consider the grant of a waiver from the foregoing to permit age-restricted affordable housing instead of non-age-restricted affordable housing or to permit for-sale affordable housing instead of rental affordable housing, where the Board finds that granting such a waiver would be more appropriate to the context of the development or to the location and nature of the affordable housing unit(s) being created. The Planning Board shall give due consideration to the Township-wide impacts of such a deviation upon the adopted and COAH-certified housing element and fair share plan before approving any such waiver. Under no circumstance shall the Planning Board approve a waiver to permit an alternative to rental housing that results in a failure of the Township to meet its minimum rental affordable housing obligation pursuant to N.J.A.C. 5:94-et seq.
(3) 
A proposed affordable housing production plan (AHPP) shall be submitted to the Planning Board at the time application is made for any development requiring growth share affordable housing production pursuant to this section. The AHPP shall be a condition of completeness determination. All AHPPs shall be the subject of review by the Township's Housing Coordinator for consistency with COAH's rules and with the Township's certified third-round housing element and fair share plan. Compliance with all of the terms of COAH's rules and with the approved AHPP shall be a condition of development plan approval and may be covered by appropriate performance and maintenance guarantees as with any other required improvement.
(4) 
Where an odd number of low- and moderate-income housing units are required to be provided, the majority of the units shall be low-income units. Where there are an insufficient number of affordable units provided to meet the bedroom distribution requirements of COAH's rules, the first unit shall be a two-bedroom unit, the second unit shall be a three-bedroom unit and the third unit shall be a one-bedroom unit. Otherwise, the bedroom distribution shall be in strict accordance with COAH's rules.
(5) 
It shall be the developers responsibility to pay the per-unit cost of the initial advertising and ongoing administration of the controls on affordability for each of the affordable units attributable to the development generating the growth share obligation, at its sole cost and expense, in accordance with the Township Housing Coordinator's direction, efforts and coordination for the initial and ongoing administration of the controls on affordability so as to ensure full COAH compliance. The Township Housing Coordinator shall, by February 1st of each year, and as needed throughout the year, file with the Township Clerk of the Township of Kingwood such certifications, reports and/or monitoring forms as may be required by COAH to verify the continuing compliance of each affordable unit with COAH's rules.
(6) 
Residential developments that include low- and moderate-income housing units, set aside or otherwise, shall be exempt from the requirements of this section.
[Added 12-7-2010 by Ord. No. 16-16-2010]
A. 
All major solar or photovoltaic energy facility or structure installations in the BP zoning district shall comply with the following supplemental design and performance standards:
(1) 
Major solar or photovoltaic energy facilities and structures.
(a) 
Minimum lot size: 20 acres.
(2) 
No soil shall be removed from any site upon which major solar or photovoltaic energy facilities and structures shall be constructed. Within areas containing prime farmland [NOTE: Prime farmlands include all those soils in Land Capability Class I and selected soils from Land Capability Class II. Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops and is also available for these uses. It has the soil quality, growing season, and moisture supply needed to economically produce sustained high yields of crops when treated and managed according to acceptable farming methods, prime farmlands are not excessively erodible or saturated with water for a long period of time, and they either do not flood frequently or are protected from flooding.] and farmlands of statewide significance [NOTE: Farmlands of statewide importance include those soils in land capability Class II and III that do not meet the criteria as prime farmland. These soils are nearly prime farmland and economically produce high yields of crops when treated and managed according to acceptable farming methods. Some may produce yields as high as prime farmland if conditions are favorable.] as identified by the USDA Natural Resources Conservation Service, there shall be no concrete footings constructed or used for solar or photovoltaic panel racking systems or other structures to support panels; however, concrete pads for inverters and similar equipment, and concrete footings for security fence may be constructed within areas containing these soils. Grading within prime farmland and farmlands of statewide significance shall be limited to only that necessary to construct access roads and for construction of inverter and switching equipment pads.
(3) 
Except pursuant to a permit issued by NJDEP, no portion of major solar or photovoltaic energy facilities and structures shall occupy areas of land designated and regulated by NJDEP as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors. An applicability determination from the NJDEP shall be provided to document the presence and/or absence of these regulated areas. A three-hundred-foot buffer shall be maintained between NJDEP designated Category One waters, as defined in the existing Surface Water Quality Standards rules at N.J.A.C. 7:9B-1.4, and any portion of proposed major solar or photovoltaic energy facilities and structures. Category One waters include, and may not be limited to, the Lockatong, Wickecheoke, Warford, Nishisakawick and Little Nishisakawick Creeks and all named and unnamed tributaries of these streams.
(4) 
Major solar or photovoltaic energy facilities and structures shall not occupy any area beyond the required principal building setbacks for the zone in which the facility is to be located, exclusive of a pole for interconnection of the facility to the electrical grid. The minimum vegetated visual and security buffer width for major solar or photovoltaic energy facilities or structures shall be provided in all zones and the minimum principal setbacks shall be increased in any zone where the principal building setback is less than 50 feet. In no case shall the principal building setback be less than 50 feet such that the required fifty-foot minimum width vegetated visual and security buffer shall be provided.
(5) 
Major solar and photovoltaic energy facilities and structures shall not be visible from the public traveled way (public roads, trails, navigable waterways, scenic highways and byways), publicly owned properties, open space, preserved farmland and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places.
(a) 
Installations shall be sited behind existing vegetation, which shall be supplemented with landscaping to shield the installation from public view.
(b) 
To the extent achievable, solar and photovoltaic energy facilities and structures shall be sited using the natural topography to screen the energy project from public view and the view of any adjoining residences.
(6) 
In all zoning districts, major solar and photovoltaic energy facilities and structures shall not be visible from adjoining residential uses, at a height 30 feet above ground level, or residential zones, and shall be screened by a combination of berm(s), landscaping and fencing. Fencing or a barrier shall be installed behind the required berm(s) and landscaping.
[Amended 4-25-2011 by Ord. No. 16-13-2011; 7-5-2012 by Ord. No. 17-12-2012]
(a) 
A maintenance plan shall be submitted for the continuing maintenance of all required plantings, including a schedule of specific maintenance activities to be conducted. Maintenance of the required berms, landscaping and fencing shall be a continuing condition of any approval that may be granted. The use of herbicides shall not be permitted as an acceptable maintenance practice.
[1] 
Organic farming is encouraged as a best management practice for areas of the tract (or tracts) that are not occupied by solar and photovoltaic energy facilities and structures.
[2] 
Soil erosion control, soil stabilization. All ground areas occupied by the major solar or photovoltaic energy facility or structure installation that are not utilized for access to operate and maintain the installation shall be planted and maintained with shade-tolerant grasses for the purpose of soil stabilization. A seed mixture of native, noninvasive shade-tolerant grasses shall be utilized and specified in a landscaping plan that shall be provided. If it can be demonstrated by the applicant that an alternative vegetative ground cover consisting of a seed mix of native, noninvasive plant species and nonnative, noninvasive shade-tolerant species should be accepted for soil erosion control and soil stabilization, and the alternative can be better sustained over the life of the facility, the reviewing Board may approve such an alternative to the requirement for native, noninvasive shade-tolerant grasses or mix of grasses. The use of stone shall not be permitted for soil erosion control and soil stabilization. The components of this plan may be combined with the requirements of the grading and drainage Plan in § 132-60A(9) below.
[3] 
Existing surface water drainagecourses. The bed and banks of existing drainage ditches, brooks, streams and drainage swales shall be maintained in their natural condition, except that where soil erosion is evident in these features due to a lack of suitable stabilized vegetation, the Board may require such areas to be planted and stabilized in accordance with the recommendations found in Chapter 8, Restoration Design, of the publication entitled Stream Corridor Restoration, Principles, Processes and Practices, 10/98 Published Version, Revised 8/2001, prepared by the Natural Resource Conservation Service and available through a link on NJDEP's website at http://www.nrcs.usda.gov/technical/ stream_restoration.
(7) 
Vegetated visual and security buffer: berm, landscaping, fence requirements. As required in Subsections A(4), (5), (6) and (7) herein, a vegetated visual and security buffer not less than 50 feet in width shall be provided in all zones. The vegetated visual and security buffer shall consist of a combination of a landscaped berm, landscaping and a security barrier behind the landscaping and berm.
(a) 
Vegetation shall visually screen the major solar or photovoltaic energy system from all adjoining residential uses and zones, the public traveled way (public roads, trails, navigable waterways, scenic highways and byways), publicly owned properties, open space, preserved farmland and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places. Vegetation shall be provided in accordance with § 132-54A(2), (3), (4) and (5), except that where the provisions of § 132-54A may conflict with the visual screening requirements and objectives of § 132-60, the applicant shall provide landscaping consistent with the visual screening objectives of § 132-60. In addition, landscaping shall be limited to native species of deciduous and coniferous trees and shrubs that are indigenous to the area, as listed in Appendix C of the Kingwood Township Conservation Plan Element, and shall not include invasive species as listed in Appendix D in the Conservation Plan. Such plantings shall be depicted on a plan prepared by a licensed landscape architect.
(b) 
A continuous landscaped berm shall be provided within the buffer, which shall be constructed in a free-form, undulating configuration and shall be of varying height to complement the natural landscape and enhance visual screening of the facility.
(c) 
A barrier shall be installed behind the required berm which barrier shall secure the facility at all times; restrict access to all electrical wiring that may be readily accessible; and be in conformance with the Uniform Construction Code. One or more access gates to the facility shall be provided. Each access gate shall include a sign identifying the responsibility parties for operation of the major solar and photovoltaic energy facilities and structures, for maintenance of the facility, and for maintenance of the berm, landscaping and security fence. All transformers and high-voltage equipment shall be situated within a compound, which shall be enclosed within a security fence and access gate, which shall remain locked at all times. The height of the security fence and access gate surrounding transformers and high voltage equipment shall be eight feet, or as required by applicable federal and state regulation, and/or local building code.
(d) 
Prior to any disturbance of the site, the applicant shall submit a cost estimate for the required berm and landscaping, which shall be subject to review and approval by the Board Engineer. The approved cost estimate shall be the basis for either a bond or cash guarantee, which shall be subject to a development agreement and shall be posted by the applicant prior to any site disturbance and the issuance of construction and subcode permits.
(8) 
Where it can be demonstrated to the satisfaction of the reviewing Board that the use of natural topography and siting behind proposed or existing vegetated areas will sufficiently screen solar and photovoltaic energy facilities and structures from view as required herein, portions of the required berm and landscaping may be reduced at the Board's discretion.
(9) 
The required landscaped berm shall include the provision of adequate and appropriate drainage facilities, which shall be designed such that site grading and construction shall not alter the natural drainage patterns of stormwater originating within the property boundaries and beyond property boundaries. A grading and drainage plan shall be submitted, which shall demonstrate that existing drainage patterns shall be perpetuated.
(a) 
A grading and drainage plan shall be submitted under the seal of a licensed professional engineer and shall provide the details necessary to adequately demonstrate to the reviewing agency engineer that no stormwater runoff or natural water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions. See § 115-11E(1)(c).
(b) 
The grading and drainage plan shall show, among other things:
[1] 
All existing and proposed natural and artificial drainagecourses and other features for the control of drainage, erosion, and water generally;
[2] 
The calculated volume of water runoff from the slope and from the lot in question, as proposed to be improved;
[3] 
The existence of all natural and artificial drainagecourses and facilities within 500 feet of the lot, which are or will be used to carry or contain the runoff from the slope and the lot; and
[4] 
The effect of any increased water runoff on all adjacent properties and any other property which will be materially affected by increased water runoff.
(c) 
Calculations shall be provided to adequately demonstrate that existing preconstruction stormwater drainage velocities shall not be exceeded in the post development condition.
(10) 
Major solar and photovoltaic energy facilities and structures and alternative energy systems shall not result in reflective glare as viewed from (a height of 30 feet above) ground level on adjoining residential properties.
(11) 
Except for areas the tract (or tracts) that may be forested or farmed, areas not occupied by solar and photovoltaic energy facilities and structures, berms and landscaping shall be planted with suitable ground cover, such as native grasses, for soil stabilization. Ground areas beneath the major solar and photovoltaic energy facilities and structures and alternative energy systems shall not be covered with stone.
(12) 
Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line.
(13) 
Permitted height. The maximum permitted vertical height above ground for solar and photovoltaic energy panels shall be 12 feet.
(14) 
Major solar energy systems and facilities including all components thereof shall be designed to withstand a ground level wind velocity of 90 m.p.h. or greater; or in accordance with wind loading guidelines established in the Uniform Construction Code, whichever is greater.
(15) 
The use of lead-acid batteries shall not be permitted in major solar energy systems and facilities. This prohibition shall not extend to minor solar or photovoltaic energy facilities.
(16) 
Cadmium telluride solar panels shall not be permitted.
[Added 4-25-2011 by Ord. No. 16-13-2011 and 7-5-2012 by Ord. No. 17-12-2012]
(17) 
Solar facility inverters and switch gear equipment shall be fully enclosed within a structure. Structures shall include at least two means of ingress and egress for emergency response.
[Added 4-25-2011 by Ord. No. 16-13-2011[1] and 7-5-2012 by Ord. No. 17-12-2012[2]]
[1]
Editor's Note: This ordinance also renumbered former Subsection A(16) as Subsection A(18).
[2]
Editor's Note: This ordinance also renumbered former Subsection A(16) as Subsection A(18).
(18) 
Decommissioning plan. All applications for a major solar facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of solar energy systems. The decommissioning plan shall be submitted in accordance with the requirements of this section. Prior to removal of solar energy systems a demolition permit for removal activities shall be obtained from the Kingwood Township construction official. Prior to issuance of a demolition permit, the owner or operator of the facility shall post a performance bond to ensure removal of the facility or systems in accordance with the decommissioning plan. Removal of solar energy systems shall be conducted by an electrician licensed in the State of New Jersey.
(a) 
Solar and photovoltaic energy facilities and structures (roof or ground) which have not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal in accordance with a decommissioning plan.
(b) 
If the applicant ceases operation of the energy project for one year; or begins, but does not complete, construction of the project within 180 days of receipt of final site plan approval, the applicant shall restore the site according to a decommissioning plan prepared by the applicant and approved by the Board. The applicant shall submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without significant delay, including but not limited to the following:
[1] 
Removal of aboveground and underground equipment, structures and foundations to a depth of at least three feet below grade. Underground equipment, structures and foundations need not be removed if they are at least three feet below grade and do not constitute a hazard or interfere with agricultural use or other resource uses of the land. The plan shall describe the means by which all equipment and components of the system(s) shall be disposed of in an environmentally responsible manner and in accordance with prevailing federal, state and/or local regulations.
[2] 
Restoration of the surface grade and soil after removal of aboveground structures and equipment.
[3] 
Restoration of surface grade and soil.
[4] 
Revegetation of restored soil areas with native seed mixes, plant species suitable to the area, which shall not include any invasive species. In farmland areas, the revegetation component of the decommissioning plan may include provisions to resume agricultural use of the site.
[5] 
The plan may provide for the retention of access roads, fences, gates or buildings in place or regarding restoration of agricultural crops or forest resource land.
[6] 
The plan must provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration.
[7] 
The plan must include a schedule for completion of site restoration work.
(c) 
A cost estimate shall be provided for the cost of fully implementing the decommissioning plan prior to the issuance of a demolition permit. The cost estimate shall be subject to review and approval by the Township Engineer.
(d) 
Before beginning any decommissioning activities, the applicant must submit a performance bond in a form and amount satisfactory to the Township Attorney, which shall be based upon an estimate approved by the Board Engineer, assuring the availability of adequate funds to restore the site to a useful, nonhazardous condition in accordance with the decommissioning plan.
(e) 
Upon cessation of activity for a cumulative period of 180 days of construction or installation activities of an approved major solar or photovoltaic energy system, the Township may notify the owner and/or the operator of the facility to complete construction and installation of the facility. If the owner and/or operator fail to complete construction and installation activities within 180 additional days, the Township may order the owner and/or operator of the facility to implement the decommissioning plan. Within six months of notice being served, the owner and/or operator shall substantially complete all activities in the decommissioning plan.
(f) 
Upon cessation of activity of a fully constructed major solar or photovoltaic energy system for a cumulative period of one year, the Township may notify the owner and/or the operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator shall either resume energy generation to at least 80% capacity of the facility or system as established at the time of approval, or fully implement the decommissioning plan. If, within 180 days of receipt of notice, the owner and/or operator of the facility or system fail to resume energy generation to at least 80% of capacity of the facility or system as established at the time of approval, the Township may order the owner and/or operator of the facility to implement the decommissioning plan.
(g) 
If the operator fails to fully implement the decommissioning plan subject to the procedures and timelines set forth in Subsections A(16)(e) and (f) above, or is otherwise unable to restore the site as required within 180 days of the Township's service of notice in accordance with this section, the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may in accordance with the law recover all expenses incurred for such activities.
[Added 4-25-2011 by Ord. No. 16-13-2011 and 7-5-2012 by Ord. No. 17-12-2012]
A. 
All major solar or photovoltaic energy facility or structure installations shall comply with the following supplemental design and performance standards
(1) 
No soil shall be removed from any site upon which major solar or photovoltaic energy facilities and structures shall be constructed. Within areas containing prime farmland [NOTE: Prime farmlands include all those soils in Land Capability Class I and selected soils from Land Capability Class II. Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops and is also available for these uses. It has the soil quality, growing season, and moisture supply needed to economically produce sustained high yields of crops when treated and managed according to acceptable farming methods. Prime farmlands are not excessively erodible or saturated with water for a long period of time, and they either do not flood frequently or are protected from flooding.] and farmlands of statewide significance [NOTE: Farmlands of statewide importance include those soils in Land Capability Class II and III that do not meet the criteria as prime farmland, These soils are nearly prime farmland and economically produce high yields of crops when treated and managed according to acceptable farming methods. Some may produce yields as high as prime farmland if conditions are favorable.] as identified by the USDA Natural Resources Conservation Service, there shall be no concrete footings constructed or used for solar or photovoltaic panel racking systems or other structures to support panels; however, concrete pads for inverters and similar equipment, and concrete footings for security fence may be constructed within areas containing these soils. Grading within prime farmland and farmlands of statewide significance shall be limited to only that necessary to construct access roads and for construction of inverter and switching equipment pads.
(2) 
Major solar and photovoltaic energy facilities and structures shall not be visible from the public traveled way (public roads, trails, navigable waterways, scenic highways and byways), publicly owned properties, open space, preserved farmland and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places.
(a) 
Installations shall be sited behind existing vegetation, which shall be supplemented with landscaping to shield the installation from public view.
(b) 
To the extent achievable, solar and photovoltaic energy facilities and structures shall be sited using the natural topography to screen the energy project from public view and the view of any adjoining residences.
(3) 
In all zoning districts, major solar and photovoltaic energy facilities and structures shall not be visible from adjoining residential uses or zones and shall be screened by a combination of berm(s), landscaping and fencing. Fencing or a barrier shall be installed behind the required berm(s) and landscaping.
(4) 
Vegetated visual and security buffer; berm, landscaping, fence requirements. As required in Subsection A(4), (5), (6) and (7) herein, a vegetated visual and security buffer not less than 50 feet in width shall be provided in all zones. The vegetated visual and security buffer shall consist of a combination of a landscaped berm, landscaping and a security barrier behind the landscaping and berm.
(a) 
Vegetation shall visually screen the major solar or photovoltaic energy system from all adjoining residential uses and zones, the public traveled way (public roads, trails, navigable waterways, scenic highways and byways), publicly owned properties, open space, preserved farmland and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places. Vegetation shall be provided in accordance with § 132-54A(2), (3), (4) and (5), except that where the provisions of § 132-54A may conflict with the visual screening requirements and objectives of § 132-102P, the applicant shall provide landscaping consistent with the visual screening objectives of § 132-102P. In addition, landscaping shall be limited to native species of deciduous and coniferous trees and shrubs that are indigenous to the area, as listed in Appendix C of the Kingwood Township Conservation Plan Element, and shall not include invasive species as listed in Appendix D in the Conservation Plan. Such plantings shall be depicted on a plan prepared by a licensed landscape architect.
(b) 
A continuous landscaped berm shall be provided within the buffer, which shall be constructed in a free-form, undulating configuration and shall be of varying height to complement the natural landscape and enhance visual screening of the facility.
(c) 
A barrier shall be installed behind the required berm which barrier shall: secure the facility at all times; restrict access to all electrical wiring that may be readily accessible; and be in conformance with the Uniform Construction Code. One or more access gates to the facility shall be provided. Each access gate shall include a sign identifying the responsibility parties for operation of the major solar and photovoltaic energy facilities and structures, for maintenance of the facility, and for maintenance of the berm, landscaping and security fence. All transformers and high-voltage equipment shall be situated within a compound, which shall be enclosed within a security fence and access gate, which shall remain locked at all times. The height of the security fence and access gate surrounding transformers and high-voltage equipment shall be eight feet in height, or as required by applicable federal and state regulation, and/or local building code.
(d) 
Prior to any disturbance of the site, the applicant shall submit a cost estimate for the required berm and landscaping, which shall be subject to review and approval by the Board Engineer. The approved cost estimate shall be the basis for either a bond or cash guarantee, which shall be subject to a development agreement and shall be posted by the applicant prior to any site disturbance and the issuance of construction and subcode permits.
(5) 
Where it can be demonstrated to the satisfaction of the reviewing board that the use of natural topography and siting behind proposed or existing vegetated areas will sufficiently screen solar and photovoltaic energy facilities and structures from view as required herein, portions of the required berm and landscaping may be reduced at the board's discretion.
(6) 
Solar or photovoltaic roof- and ground-mounted systems servicing residential uses shall comply with the following safety and emergency response provisions:
(a) 
All residential roof-mounted systems shall be provided with adequate area on the roof for firefighters to ventilate all planes of the roof upon which solar panels are installed, as follows: At least four feet of clear area across the top of the roof along the ridgeline and four feet on both sides of the roof leading to the ridgeline shall remain clear of any solar or photovoltaic panels. Roofs with cross gable/valley shall provide four feet clear of any panels, to allow firefighters access to the roof, which shall be provided as at least two feet clear of panels on either side of the center of all valleys.
(b) 
Residential solar or photovoltaic systems shall be fitted with a safety-mode system capable of switching off live DC current from the system in the event that fire or rescue services are required. Safety-mode switching shall be readily accessible to and clearly marked for emergency response personnel operation.
(c) 
Security fencing and gates shall be fully erected and operational prior to the installation of solar or photovoltaic energy facility installation.
(d) 
An exterior electrical disconnect/emergency shutoff which deenergizes the system shall be provided, which shall be plainly marked with a reflective placard identification.
(e) 
Site labeling. Each site containing a solar or photovoltaic energy facility shall include a sign indicating that the energy facility exists on site, indicating whether the system is a roof- or ground-mounted system. Such sign shall be conspicuously mounted at the driveway entry to the site.
(f) 
In accordance with the latest edition of the National Electrical Code update, all conduit extending between solar or photovoltaic panel arrays and inverters and transformers shall be marked every 10 feet to indicate electrical danger to firefighters and EMT personnel in the event conduit is accidentally or must be intentionally cut as part of emergency response.
(g) 
Material safety data sheets (MSDS) shall be submitted to emergency response providers for all component materials comprising the solar modules, panels, or arrays or other equipment which contain hazardous or flammable substances.
(7) 
Solar or photovoltaic roof- and ground-mounted systems servicing nonresidential uses shall comply with the following safety and emergency response provisions:
(a) 
Individual roof-mounted solar or photovoltaic panel arrays shall not exceed 150 feet by 150 feet in area. Where more than one panel array is to be installed, eight-foot separation areas between panel arrays shall be provided such that adjacent panel arrays shall be located not less than eight feet from adjacent panel arrays. Each eight-foot separation area shall be reinforced so as not to cause damage to the roof while maintenance is performed and to ensure that adequate support for firefighter access is provided in the event of an emergency. If skylights or roof hatches are installed in the roof, each skylight or roof hatch shall have a four-foot-wide walkway leading to each and be clear of solar panels for four feet in all directions.
(b) 
Nonresidential roof installations shall provide ventilation access points in the roof, which shall be not less than eight feet by four feet, at intervals in the roof that are not less than 20 feet distant from each.
(c) 
Ground-mounted systems shall provide emergency vehicle access to all components and shall include access roads not less than 20 feet in width, which shall be reinforced or suitably improved to support the weight of typical fire department apparatus. Turning areas shall be provided, and each bend or turn in the access road shall provide an adequate turning radius for firefighting apparatus maneuvering.
[1] 
Reinforced access roads shall extend to within 50 feet of all exterior doors which provide access to the interior of a building.
[2] 
Where it can be demonstrated to the satisfaction of the Fire Company and First Aid and Rescue Squad that the access road is not required to extend to within 50 feet of a building, such distance may be increased in accordance with applicable building and fire access codes.
(d) 
An exterior electrical disconnect/emergency shutoff which deenergizes the system shall be provided, which shall be plainly marked with a reflective placard identification.
(e) 
Site labeling. Each site containing a solar or photovoltaic energy facility shall include a sign indicating that the energy facility exists on site, indicating whether the system is a roof- or ground-mounted system. Such sign shall be conspicuously mounted at the driveway entry to the site.
(f) 
In accordance with the latest edition of the National Electrical Code update, all conduit extending between solar or photovoltaic panel arrays and inverters and transformers shall be marked every 10 feet to indicate electrical danger to firefighters and EMT personnel in the event conduit is accidentally or must be intentionally cut as part of emergency response.
(g) 
Security fencing and gates shall be fully erected and operational prior to the installation of solar or photovoltaic energy facility installation.
(h) 
Knox Boxes shall be provided at all locked locations on site (i.e., gates, doors to buildings, etc.).
(i) 
Ground-mounted facilities shall include at least two means of ingress and egress for emergency response. In addition to any fire protection code requirements, all inverter sheds or other electrical equipment buildings shall be fitted with at least two doors with one twenty-pound CO2 fire extinguisher located immediately inside of each door.
(j) 
An emergency response plan shall be provided, filed and maintained with the Fire Company and Emergency Squad which shall include site-specific training to be provided by the owner of each facility on at least a biannual basis if requested by emergency providers. The emergency response plan shall include:
[1] 
Emergency response procedures to be followed in the event of an emergency, which shall include Fire Company and First Aid and Rescue Squad training, including training before planning an operation;
[2] 
Evacuation procedures (on site and for off-site neighboring properties and residents);
[3] 
Site-specific information concerning the location of panels, grid identification diagrams, contact names and numbers for 24/7 availability of contact personnel named;
[4] 
A system of information placards, which shall be conspicuously mounted at eye level, and which shall be updated within two weeks of any changes to contact information, and which shall include information identifying all possible hazards and exit routes from the facility;
[5] 
A two-tag identification system for anyone entering the energy facility site, which shall provide for the following procedures:
[a] 
One tag shall be kept in the service vehicle indicating the name of the individual and his/her employer;
[b] 
One tag (the second tag) shall be placed at the point of entry of any building or in the case of site-roaming service, the point of departure into the site. When roaming in the field, the tag shall be clipped to the gate nearest to the location where service will be performed.
(k) 
Site address. All sites shall secure a street address from the Township 911 Coordinator, which shall be posted at the main entrance gate to the facility.
(l) 
Material safety data sheets (MSDS) shall be submitted to emergency response providers for all component materials comprising the solar modules, panels, or arrays or other equipment which contain hazardous or flammable substances.
(m) 
Prior to the issuance of a certificate of occupancy, the Fire Department and Emergency Squad will be provided access to the solar facility to allow for review of existing conditions, their conformance with emergency access and allow for emergency responders to gain familiarity to the site.
(8) 
The use of lead-acid batteries shall not be permitted in major solar energy systems and facilities. This prohibition shall not extend to minor solar or photovoltaic energy facilities
(9) 
Cadmium telluride solar panels shall not be permitted.
(10) 
Where solar facility inverters and switch gear equipment may be enclosed within a structure, such structures shall include at least two means of ingress and egress for emergency response.
(11) 
Open lands requirements. In the AR-2 Zone, and in accordance with the provisions of § 132-102P(1)(b), all applications for major solar and/or photovoltaic energy facilities and structures shall comply with the following open lands requirements:
(a) 
A stormwater management system for the tract may be located in the open lands parcel; however, the land area of any detention or retention basin or drainage swale shall not be counted toward the minimum open land area requirement.
(b) 
Open lands shall contain a minimum lot circle of 300 feet.
(c) 
Rights-of-way or cartways of any existing or proposed road or driveway shall not be included in the calculation of the open lands.
(d) 
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.
(e) 
Open lands may be deed restricted for use consistent with § 132-61A(11)(e) below, and made subject to the protections that the Township Right-To-Farm Ordinance, § 74-1, confers on agricultural operations.
(f) 
The solar or photovoltaic energy system and facilities portion of the tract or tracts of lands shall be buffered and screened from view from the open lands required in accordance with the requirements of § 132-61A(4) and all applicable buffering and screening requirements.
(g) 
Open lands shall be bordered on no more than two sides of the solar or photovoltaic energy system and facilities situated on the tract.
[1] 
Open lands guidelines. The following guidelines should be considered in determining the configuration and location of open lands:
[a] 
Preserved open lands shall be configured in such a manner as to facilitate agricultural use. Factors such as, but not limited to, proximity of the open lands to adjacent tracts containing farming operations, the ability to create large contiguous tracts of open lands or farmland and the desirability of maximizing separation between the solar or photovoltaic energy facility and existing off-site 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 lands 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 tracts include existing farmland operations, designated open lands should be configured to preserve such uses, to the greatest extent possible, in order to facilitate the continuation of farming.
[d] 
Proposed roads should be located within the portion of the property utilized for the major solar or photovoltaic energy facility. It is the intent of this subsection to keep the open lands portion of the tract continuous and free of roadway intrusions; however, adequate access must be provided to the open lands area.
[e] 
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 lands use.
(12) 
Decommissioning plan. All applications for a major solar facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of solar energy systems. The decommissioning plan shall be submitted in accordance with the requirements of this section. Prior to removal of solar energy systems, a demolition permit for removal activities shall be obtained from the Kingwood Township Construction Official. Prior to issuance of a demolition permit, the owner or operator of the facility shall post a performance bond to ensure removal of the facility or systems in accordance with the decommissioning plan. Removal of solar energy systems shall be conducted by an electrician licensed in the State of New Jersey.
(a) 
Solar and photovoltaic energy facilities and structures (roof or ground) which have not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal in accordance with a decommissioning plan.
(b) 
If the applicant ceases operation of the energy project for one year; or begins, but does not complete construction of the project within 180-days of receipt of final site plan approval, the applicant shall restore the site according to a decommissioning plan prepared by the applicant and approved by the Board. The applicant shall submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without significant delay, including but not limited to the following:
[1] 
Removal of aboveground and underground equipment, structures and foundations to a depth of at least three feet below grade. Underground equipment, structures and foundations need not be removed if they are at least three feet below grade and do not constitute a hazard or interfere with agricultural use or other resource uses of the land. The plan shall describe the means by which all equipment and components of the system(s) shall be disposed of in an environmentally responsible manner and in accordance with prevailing federal, state and/or local regulations.
[2] 
Restoration of the surface grade and soil after removal of aboveground structures and equipment.
[3] 
Restoration of surface grade and soil.
[4] 
Revegetation of restored soil areas with native seed mixes and plant species suitable to the area, which shall not include any invasive species. In farmland areas, the revegetation component of the decommissioning plan may include provisions to resume agricultural use of the site.
[5] 
The plan may provide for the retention of access roads, fences, gates or buildings in place or regarding restoration of agricultural crops or forest resource land.
[6] 
The plan must provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration.
[7] 
The plan must include a schedule for completion of site restoration work.
(c) 
A cost estimate shall be provided for the cost of fully implementing the decommissioning plan prior to the issuance of a demolition permit. The cost estimate shall be subject to review and approval by the Township Engineer.
(d) 
Before beginning any decommissioning activities, the applicant must submit a performance bond in a form and amount satisfactory to the Township Attorney, which shall be based upon an estimate approved by the board engineer, assuring the availability of adequate funds to restore the site to a useful, nonhazardous condition in accordance with the decommissioning plan.
(e) 
Upon cessation of activity for a cumulative period of 180 days of construction or installation activities of an approved major solar or photovoltaic energy system, the Township may notify the owner and/or the operator of the facility to complete construction and installation of the facility. If the owner and/or operator fail to complete construction and installation activities within 180 additional days, the Township may order the owner and/or operator of the facility to implement the decommissioning plan. Within six months of notice being served, the owner and/or operator shall substantially complete all activities in the decommissioning plan.
(f) 
Upon cessation of activity of a fully constructed major solar or photovoltaic energy system for a cumulative period of one year, the Township may notify the owner and/or the operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator shall either resume energy generation to at least 80% capacity of the facility or system as established at the time of approval, or fully implement the decommissioning plan. If, within 180 days of receipt of notice, the owner and/or operator of the facility or system fail to resume energy generation to at least 80% of capacity of the facility or system as established at the time of approval, the Township may order the owner and/or operator of the facility to implement the decommissioning plan.
(g) 
If the operator fails to fully implement the decommissioning plan subject to the procedures and timelines set forth in Subsection A(12)(e) and (f) above, or is otherwise unable to restore the site as required within 180 days of the Township’s service of notice in accordance with this section, the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may in accordance with the law recover all expenses incurred for such activities.