A conditional use is a permitted use only as specified by this chapter and may be granted in accordance with the standards and specifications of this section. No permit shall be issued for a conditional use unless an application is submitted to and approved by the Planning Board. It shall be submitted and distributed in the same manner as prescribed for all applications in Article VIII of this chapter.
A.
The Planning Board shall grant or deny an application
for a conditional use within 95 days of submission of a complete application
by a developer to the Municipal Clerk or within such further time
as may be consented to by the applicant.
B.
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Article VII of this chapter. The time period for action by the Planning Board on conditional uses pursuant to this chapter shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Municipal Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats if involved.
C.
Whenever review or approval of the application by
the County Planning Board is required in the case of a site plan,
the Municipal Planning Board shall condition any approval that it
grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within 30 days.
The following standards and conditions are required
to be met in order to receive Planning Board approval for specific
conditional use as indicated:
A.
Churches, synagogues, parish houses, similar religious
uses, including parochial and private schools, and public and public
service buildings.
(1)
All regulations for the zoning district in which
the use is to be located shall be complied with.
(2)
Parking shall be provided in accordance with
the requirements of the zoning district in which the use is to be
located.
(3)
Where parking areas are adjacent to a residential
use or zone, a twenty-foot-wide buffer strip, including fences and
shrubs, no less than six feet high shall be provided.
C.
Auto service stations.
(1)
There shall be a minimum of 1,500 feet between
service stations, which distance shall be measured from the nearest
property lines.
(2)
No service station shall be located within 500
feet of any firehouse, school, playground, church, hospital, public
building or institution.
(3)
All appliances, pits, storage areas and trash
facilities other than gasoline filling pumps or air pumps shall be
within a building. Gasoline filling pumps and air pumps shall be permitted
within the required front yard space of service stations, but shall
be no closer than 75 feet to any future street right-of-way line.
All lubrication, repair or similar activities shall be performed in
a fully enclosed building, and no dismantled parts shall be displayed
outside an enclosed building.
[Amended 9-22-1988 by Ord. No. 6-13-88]
(4)
No junked motor vehicle or part thereof or motor
vehicles incapable of normal operation upon the highways shall be
permitted on the premises of any service station. It shall be deemed
prima facie evidence of a violation of this chapter if more than three
motor vehicles incapable of operation are located at any one time
upon any premises not within a closed and roofed building; except,
however, that a number not exceeding six motor vehicles may be located
upon the service station premises outside of a closed or roofed building
for a period of time not to exceed two days, and provided that the
owners of said motor vehicles are awaiting their repair.
(5)
Landscaping shall be provided in the front yard
area equal to at least 25% of the front yard area, and such landscaping
shall be reasonably distributed throughout the entire front yard area.
(6)
The exterior display and parking of motor vehicles,
trailers, boats or other similar equipment for sale or rental purposes
shall not be permitted as part of a service station.
(7)
All lubricants, petroleum products and other
hazardous and toxic materials shall be kept inside and shall be stored
in sealed containers when not in immediate use, with the used products
disposed of off tract through licensed haulers.
[Added 7-26-1993 by Ord. No. 8-13-93]
(8)
The maximum building height shall be 20 feet.
[Added 7-26-1993 by Ord. No. 8-13-93]
(9)
No string of banners, lights or similar devices
shall be permitted.
[Added 7-26-1993 by Ord. No. 8-13-93]
(10)
Automobile service stations shall provide one space per 250 square feet of gross floor area for office use, plus four spaces per bay or work area in the service areas. Parking shall be screened from surrounding residential land uses by landscaping, fencing, wall, berm or combination of these as approved by the appropriate board and in accordance with § 132-53. This screening shall not be part of the landscape requirement denoted in Subsection C(5) above.
[Added 7-26-1993 by Ord. No. 8-13-93]
(11)
No access driveway to a nonresidential use shall
be located within 100 feet of the intersection of two public streets
as measured from the center line of the driveway to the point of intersection
of the two closest street lines.
[Added 7-26-1993 by Ord. No. 8-13-93]
D.
Accessory apartments (temporary).[2]
[Added 7-26-1993 by Ord. No. 8-13-93; amended 12-28-2018 by Ord. No. 19-23-2018]
(1)
Accessory apartments (temporary) created under the provisions
of Ordinance No. 8-13-93 that have received approval for a temporary
accessory apartment from the Planning Board in accordance with former
§ 132-102D(3)(g) and (n) may continue under the provisions
of former § 132-102D(3)(k), but shall terminate upon the
sale of property or transfer of title of the dwelling or when it is
no longer used as a dwelling for a disabled or elderly family member.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
[2]
Editor's Note: Former Subsection D, Hotels
and motels, was repealed 9-22-1988 by Ord. No. 6-13-88
E.
Car washes.
(1)
All activities must be conducted within a totally
enclosed building.
(2)
Drainage from inside the building(s) shall feed
into a sanitary sewer system. No dry well or septic tank will be permitted
in connection with this use.
(3)
This use shall not include a self-service or
coin-operated car wash in any form.
F.
Private residential airstrips, heliports, helistops
and helipads.
[Amended 7-26-1993 by Ord. No. 8-13-93; 7-1-2013 by Ord. No. 17-15-2013]
(1)
Statement of purpose. The purpose of this Subsection F is to provide for the regulation of private airstrips, heliports, helipads, helistops and all other private air transportation uses of lands within Kingwood Township in such a manner as to provide for the public safety and welfare, to protect existing recreational uses, such as horseback riding and other equine-based recreation, and to preserve the rural qualities of Kingwood Township from the deleterious effects of unregulated air transportation uses within the Township.
(2)
Private
residential airstrips, heliports, helipads, helistops and any and
all other air transportation landing and takeoff facilities can only
be maintained upon lots containing 50 acres or more.
(3)
All such usage shall comply with any and all
suggestions and requirements of the State of New Jersey Department
of Transportation, Bureau of Aviation Planning.
(4)
No airstrip, landing field, landing strip, heliport,
helipad, helistop or any other air transportation landing and takeoff
facility may be maintained other than for the sole use of one individual,
which individual shall not permit others to use the private residential
airstrip, landing field, landing strip, heliport, helipad, helistop
or other air transportation landing and takeoff facility; provided,
however, that occasional visits by friends or relatives of the owner
with aircraft may be permitted
(5)
No airstrip, landing field, landing strip, heliport,
helipad, helistop or any other air transportation landing and takeoff
facility shall be constructed or maintained, nor shall the terrain
be used for the landing of aircraft, unless such airstrip, landing
field, landing strip, heliport, helipad, helistop or any other air
transportation landing and takeoff facility shall comply with all
federal and state regulations. All such air strips, landing fields,
landing strips, heliports, helipads, helistops and other air transportation
landing and takeoff facilities shall have buffer zones as follows,
or, if there is a state or federal regulation requiring larger buffer
areas, the more stringent requirements shall be followed.
(a)
A buffer zone of a minimum of 400 feet, except
as where provided below, shall extend from each end of said airstrip,
landing field, landing strip, heliport, helipad, helistop and any
other air transportation landing and takeoff facility. Legal title
to said buffer zone shall be in the same name as the owner of the
airstrip, landing field, landing strip, heliport, helipad, helistop
or other air transportation landing and takeoff facility. The length
of the runway shall be as specified by federal and state regulations,
and the length of said runway shall be appropriately marked at each
end with concrete monuments, said monuments designating the end of
the runway. The above-mentioned buffer zone shall then run from said
monuments a minimum distance of 400 feet, and no property whose legal
title shall be in the name of any other person, persons or corporation
shall be within 400 feet of the end of said runway as above described
and marked by the concrete monuments.
(b)
A buffer zone of a minimum of 200 feet shall
extend from each side of said airstrip, landing field, landing strip,
heliport, helipad, helistop and any other air transportation landing
and takeoff facility. Legal title to this buffer zone shall be in
the same name as the owner of the airstrip, landing field, landing
strip, heliport, helipad, helistop or other air transportation landing
and takeoff facility. The width of the runway shall be as specified
by federal and state regulations, and the width shall be appropriately
marked with frangible material (i.e., tires, plywood, triangles, etc.).
Said buffer zone shall run from the above-mentioned markers a minimum
distance of 200 feet from each side of the runway. No property whose
legal title shall be in the name of any other person, persons or corporation
shall be within 200 feet of the edge of said runway as above described
and marked.
(6)
No airstrip, landing field, landing strip, heliport,
helipad, helistop or any other air transportation landing and takeoff
facility of any type shall be permitted in Kingwood Township unless
legal title to said facility and to the above-described buffer zones
shall be in the name of the person or persons, or in the name of the
mother, father, brother or sister of said person or persons, actually
residing and domiciled in the land upon which the airstrip, landing
field, landing strip, heliport, helipad, helistop or other air transportation
landing and takeoff facility exists. The legal owner of said airstrip,
landing field, landing strip, heliport, helipad, helistop or other
air transportation landing and takeoff facility, or the mother, father,
brother or sister of said legal owner, shall reside and be domiciled
in premises located on the same tract of land as that on which the
airstrip, landing field, landing strip, heliport, helipad, helistop
or other air transportation landing and takeoff facility exists. A
tenant shall be permitted an airstrip, landing field, landing strip,
heliport, helipad, helistop or other air transportation landing and
takeoff facility, provided that the above-described buffer zone requirements
are complied with, and further provided that the tenant shall reside
and be domiciled in premises located upon the same tract of land as
said airstrip, landing field, landing strip, heliport, helipad, helistop
or other air transportation landing and takeoff facility and said
tenant shall possess a written lease of at least five years' duration.
(7)
No land, no matter what size or terrain, shall
be used as an airstrip, landing field, landing strip, heliport, helipad,
helistop or any other air transportation landing and takeoff facility
exclusively, but said airstrip, landing field, landing strip, heliport,
helipad, helistop or other air transportation landing and takeoff
facility shall be accessory to an existing premises occupied by the
owners as above described.
(8)
Any airport hazard zone as required by the Air
Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80
et seq.) shall be contained entirely within the boundaries of the
property on which the airstrip is located.
(9)
All airstrips, landing fields, landing strips,
heliports, helipads, helistops and other air transportation landing
and takeoff facilities and other means of launching or landing aircraft
shall be prohibited except those complying with the above-specified
requirements.
G.
Home occupations and professional home offices.
[Added 7-26-1993 by Ord. No. 8-13-93]
(1)
An accessory home occupation and professional
home office shall include all home businesses.
(2)
The home occupation shall be accessory to a
single-family residence and carried on wholly indoors and within the
principal dwelling. It shall be clearly incidental and subordinate
to its use for residential purposes by its occupants.
(3)
The home occupation shall be operated by the
resident of the single-family dwelling with no more than one employee
who is not a resident of the single-family dwelling.
(4)
The floor area devoted to the home occupation
shall not be more than 1,000 square feet.
(5)
There shall be no use of show windows, display or advertising visible outside the premises, except as provided for signs in Article V herein.
(6)
In no way shall the appearance of the residential
structure be altered or the occupation within the residences be conducted
in a manner which would cause the premises to differ from the residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible outside the premises to attract
customers or clients.
(7)
No equipment or process shall be used in such
employment or occupation which creates discernible noise, vibration,
glare, fumes, odors or electrical interference at the property line,
and no equipment or process shall be used which creates visual or
audible interference in any radio or television receiver off the lot
or causes fluctuations in line voltage off the lot.
(8)
The applicant for a home occupation shall demonstrate
that adequate off-street parking is available; however, such uses
shall provide one space per 200 square feet of gross floor area devoted
to the use in addition to the requirements of the dwelling unit, but
in no case more than three additional off-street parking spaces shall
be permitted in addition to those required for normal residential
use. Such parking shall be provided on the lot of the residence.
(9)
All home offices and home occupations shall
be required to obtain a zoning permit.
H.
Barn conversions. The conversion of barns to nonresidential
uses in residential zones shall comply with the following criteria.
The purpose of this section is to provide a method for owners of farm
buildings which are no longer used for agriculture to utilize these
structures in a manner which provides economic relief, is compatible
with surrounding land uses and encourages the preservation and maintenance
of these structures.
[Added 7-26-1993 by Ord. No. 8-13-93]
(1)
Agricultural barn and agricultural-related outbuildings
in existence as of February 8, 1993, or which were under construction
at that time and diligently completed, which are no longer used for
agricultural purpose or which are subsequently not used for agricultural
purposes may be converted for use as offices, storage, light manufacturing
or contractor business where they meet the conditions of this subsection.
No retail uses are permitted.
(2)
A minimum lot size of five acres is required,
except that the use of said structures for light manufacturing or
contractor business requires a minimum lot size of 10 acres.
(3)
In all residential districts, the use of the
outbuildings as permitted shall be clearly incidental and subordinate
to the use of the property for residential or agricultural purposes.
(4)
Said structure shall not be enlarged. The exterior appearance of the structures shall not be altered in a manner which would cause the premises to differ from its agricultural/residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises. Any sign permitted shall be provided in accordance with the provisions of Article V and shall be no larger than that permitted in the zone in which the conversion is permitted.
(5)
No equipment or process shall be used which creates discernible noise, vibration, glare, fumes, odors or electrical interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in the line voltage off the lot. No permitted use shall involve the use, storage, manufacturing, handling, disposal or presence of any extremely hazardous substance as designated by federal regulations pursuant to the Superfund Amendment and Reauthorization Act of 1990. All performance standards of § 132-54 shall also be met.
(6)
The applicant shall demonstrate that adequate
off-street parking is available, but in no case shall more than five
additional off-street parking spaces be permitted in addition to those
required for normal residential use. Such parking shall be provided
on the lot of the residence. Parking for the nonresidential use shall
be located in side or rear yards, but in no case closer than 20 feet
to any property line.
(7)
Where said use shall involve outdoor storage
or activity, all such areas shall be screened from the public right-of-way
and from adjacent residential uses by a vegetated buffer sufficient
to screen the activity on a year-round basis. The width of said buffer
shall be a minimum of 30 feet.
(8)
The applicant shall demonstrate to the satisfaction
of the Municipal Health Officer and governing body that on-site water
and septics are adequate to serve the projected need of the proposed
use.
(9)
The outdoor storage area shall be no greater
than the ground floor area of the building which it abuts.
I.
Bed-and-breakfast. The use and occupancy of a detached
dwelling shall be permitted for accommodating transient guests for
rent subject to the following conditions:
[Added 7-26-1993 by Ord. No. 8-13-93]
(1)
No more than six guest rooms may be provided.
No more than two adults and two children may occupy one guest room.
(2)
The minimum lot size for the guest house use
shall be the minimum lot size required in the subject zoning district.
(3)
No external alterations, additions or changes
to the exterior structure shall be permitted except as required by
the State of New Jersey or any other governmental agency for safety
reasons.
(4)
The use shall be carried on primarily by members
of the immediate family which must reside on the premises. Nonresident
employees shall be limited to two in addition to the resident members
of the family.
(5)
There shall be no separate kitchen or cooking
facilities in any guest room. Food shall be served only to guests
on the premises.
(6)
The maximum uninterrupted length of stay at
a bed-and-breakfast shall be 14 days.
(7)
The use of any amenities provided by the bed-and-breakfast,
such as a swimming pool or tennis court, shall be restricted in use
to guests of the establishment.
(8)
There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single nonilluminated sign which meets the regulations set forth in Article V of this chapter.
(9)
The applicant for a bed-and-breakfast facility
shall demonstrate to the satisfaction of the Municipal Health Officer
and governing body that on-site water and septics are adequate to
serve the maximum number of guests which could be housed at the facility
at any one time.
(10)
One off-street parking space shall be provided
for each guest room, plus one space for each employee and two spaces
for the owners of the property.
J.
Shopping centers. The development of a shopping center
as defined by this chapter shall be permitted where:
[Added 7-26-1993 by Ord. No. 8-13-93]
(1)
Minimum tract size is equal to or greater than
10 acres.
(2)
Parking is provided at a rate of not less than
one space per 225 square feet of gross floor area.
(4)
The applicant can demonstrate that adequate
water and septic capacity is available on site to handle the anticipated
needs of the shopping center.
(5)
The shopping center meets all other applicable
requirements of this chapter.
K.
Planned business parks. In order to encourage the
comprehensive development of tracts rather than piecemeal subdivisions,
tracts of 25 acres or larger may be developed as office/industrial
parks. Permitted uses in the planned business parks shall include
all nonretail uses permitted in the BP District. In exchange for an
overall comprehensive plan for the entire tract, a lot size averaging
development approach may be used in planned business parks according
to the following:
[Added 7-26-1993 by Ord. No. 8-13-93]
(1)
The average lot size in the park shall not be
less than five acres.
(2)
The minimum lot size shall be 2.5 acres.
(3)
The maximum floor area permitted for the development
tract shall be 15%. This floor area ratio (FAR) may be increased on
individual lots in the planned development, provided that other lots
have reduced FAR's by an equal or greater amount resulting in a total
building square footage equal to 15% of the gross square footage of
the business park tract.
(4)
The maximum impervious coverage for the entire
development tract shall be equal to that otherwise permitted in the
BP District, except that lots reduced in size to a minimum of 2.5
acres may increase their individual impervious coverage to a maximum
of 75%. Such increases shall be offset by decreases of equal or greater
impervious coverage on remaining lots so that the maximum impervious
coverage permitted on the entire development tract is maintained.
Access roads shall not be counted in the computation of total impervious
coverage. Averaging of impervious coverage and FAR shall only be permitted
in conjunction with lot averaging as permitted in the BP District.
(5)
No lots of less than five acres may be subdivided
until a sufficient number of lots in excess of five acres have been
subdivided to maintain the minimum average lot size of five acres,
except that in any event no more than half the total number of resulting
lots may be less than five acres.
(6)
The minimum lot width and depth for parcels
less than five acres shall be 200 feet.
(7)
The front yard setback for planned business
parks shall be a minimum of 50 feet along business park interior access
roads and 100 feet along Route 12 or other existing roadways.
(8)
All applicable height, coverage, setbacks and
other bulk requirements shall be the same as for standard lots in
the BP District.
(9)
The required parking for each use in a planned
business park must be provided on the lot on which the individual
use is located.
(10)
Where the construction of a business park development
is planned to take place over a period of years, a timing schedule
must be provided, including any terms or conditions which are intended
to protect the interests of the public and of the occupants of any
section of the business park planned development prior to the completion
of the development in its entirety.
(11)
It is intended that the business park layout
relate uses to one another and group similar types of businesses in
order to maximize compatible traffic patterns or separate major trucking
operations from employee car traffic or avoid a warehouse loading
area from facing the entrance of an office building or similar design-related
nuisances. Therefore, applications for a subdivision using lot averaging
must include:
(a)
A general land use plan indicating the tract
area and general locations of the land uses, lotting and amount of
permitted square footage per lot to be included in the planned development.
(b)
A stormwater management plan setting forth the
proposed method of controlling and managing stormwater and drainage
on the site. Included shall be information as to the location and
design of detention facilities.
(c)
A circulation plan showing the general location
and types of transportation facilities, including facilities within
the planned development and any proposed improvements to the existing
transportation system outside the planned development. Tracts shall
be developed with interior streets to prevent frontage on and direct
access to arterial and collector streets. All access from arterial
and collector streets shall be from a controlled number of street
intersections, and individual uses within the planned business park
shall be from interior streets.
(d)
A utility plan indicating the availability of
adequate water and sewer/septic facilities for the development and
proposed methods for handling solid waste disposal.
(e)
A general design plan indicating the proposed
types of signage, landscaping, architecture and lighting for the planned
development.
L.
Auto body repair shops. At the discretion of the approving
authority, auto body repair shops in existence as of February 8, 1993,
may be permitted to expand where the following conditions are met.
Permitted expansion shall not include an expansion of the use beyond
the lot on which it was situated on February 8, 1993, or the addition
of any property to said lot. It is not the intent of this chapter
to permit any new auto body repair shops.
[Added 7-26-1993 by Ord. No. 8-13-93]
(1)
A triple row of staggered evergreens shall be
planted around the perimeter of the site to block the view of the
outside storage areas from adjacent properties.
(2)
Any outside storage shall be permitted only
behind the building, in the rear yard, in an area enclosed by a masonry
wall or wood fence at least six feet high. This outside storage area
shall be no larger than 50% of the ground floor area of the building
which it abuts. The applicant shall indicate on the plat the frequency
with which the outside storage area will be cleaned up, but such frequency
shall not be less than twice a year.
(3)
All body repairs, vehicle maintenance and vehicle
painting shall be conducted within a building having a setback from
any property line of at least 100 feet.
(4)
There shall be no exterior lighting of the outside
storage area.
(5)
All lubricants, petroleum products and other
hazardous and toxic materials shall be kept inside in sealed containers
when not in immediate use, with the used products disposed of off
tract through licensed haulers.
(6)
All parking of vehicles shall be in the side
and rear yard areas only, except that the storage of unregistered
vehicles shall be prohibited.
M.
Greenhouses/agricultural wholesale. Wholesale greenhouses
shall be permitted in the AR-2 and BP Districts only and shall meet
the requirements of the zone and the following:
[Added 7-26-1993 by Ord. No. 8-13-93]
(1)
Wholesale greenhouses shall be set back a minimum
of 150 feet from the public right-of-way.
(2)
A buffer screen planting shall be provided around the perimeter of each greenhouse where such structure is visible from the public right-of-way. The buffer area shall be located within 50 feet of the greenhouse structure, be a minimum of 25 feet in depth and shall be otherwise provided in accordance with § 132-54, Performance standards for all uses.
N.
Residential conversion to professional offices.
[Added 7-26-1993 by Ord. No. 8-13-93]
(1)
Where such conversion is permitted, it may include
business, administrative and professional offices such as real estate,
insurance, medical/dental or similar offices.
(2)
The conversion of an existing residential structure to any nonresidential use shall only be permitted where all off-street parking, buffer/screen requirement and other bulk requirements of this chapter and the zone in which it is permitted are met. Parking shall be provided in accordance with § 132-33H(4). Any conversion of an existing residential building to a commercial use shall be consistent with the existing architecture.
O.
Elder cottage housing opportunity (ECHO) unit meeting
the purpose and standards hereinafter set forth.[3]
[Added 7-16-2001 by Ord. No. 11-4-2001]
(1)
Purpose. The purpose of the elder cottage housing
opportunity unit is to provide extended family housing as a residential
accessory structure on a lot with a principal residential structure.
ECHO housing shall provide an alternative to nursing home and boarding
home care so that immediate elderly relatives may live nearby but
not in the same housing unit as younger immediate relatives. This
housing is provided so that it may be installed in a financial and
efficient manner and removed easily and economically at a later date
when it is no longer needed. It is the intent of ECHO housing to provide
for the continuing need for mutual support within the family while
maintaining individual independence and financial security.
(2)
Dimensional standards and building standards.
(a)
An ECHO unit shall be considered to be an accessory
use to an existing residential structure and use. However, the ECHO
unit shall meet the side yard and rear yard requirements of a principal
structure.
(b)
Minimum lot area shall be 2.0 acres unless a
greater lot area is required by the applicable zoning district.
(c)
Maximum square footage of the unit shall be
720 square feet.
[Amended 12-17-2001 by Ord. No. 11-9-2001]
(d)
The unit shall be placed within the rear yard
and not within the area of the front and side yards. The Planning
Board may grant a waiver to permit a unit in the side yard if it can
be shown that the placement of the unit will have no impact upon adjacent
properties.
(e)
The unit shall be positioned on the lot in such
a way as to minimize its visibility from other nearby abutting lots.
Additional buffering may be required by the Planning Board to meet
this criteria.
(f)
The unit shall be located only upon a lot with
a single-family detached dwelling.
(g)
Only one unit shall be permitted per lot, and
it shall contain a bathroom, kitchen, living room and sleeping facilities.
There shall be no more than two bedrooms.
(h)
The ECHO unit shall be self-contained, barrier
free, energy efficient and capable of being moved to another site.
The applicant shall be responsible for preparing the site for installation
of the ECHO unit. It shall be located on masonry block or wooden piers
with adequate tie downs, not on a concrete slab, and shall comply
with the definition of "dwelling."
(i)
The Planning Board shall have the right to grant
a waiver to any of the above dimensional standards and building standards
if it can be shown that the granting of the waiver shall not have
a negative impact upon adjacent properties.
(3)
Health Department requirements. Proof of approval
by the Hunterdon County Board of Health of the well and septic systems
for the ECHO housing unit must be submitted to the Township of Kingwood
in order to secure a certificate of occupancy for said unit. The unit
shall be connected to an existing public sanitary sewer line or it
shall be connected into a septic tank in accordance with the requirements
of N.J.A.C. 7:9A-8.2. In addition thereto, the applicant for an ECHO
housing unit shall complete the applications required by the Hunterdon
County Health Department ECHO Program and the NJDEP Division of Water
Quality Permit-by-Rule authorization requirements for an ECHO housing
unit. Likewise, the applicant must secure approval of such applications
and satisfaction of such requirement prior to the issuance of a certificate
of occupancy for said unit.
[Amended 12-17-2001 by Ord. No. 11-9-2001]
(4)
Occupancy.
(a)
The ECHO unit is for the use and occupancy by
not more than two persons who are related by blood, marriage or adoption
to the lot owner, who must occupy the primary residence on the premises,
and one professional care giver. One of the ECHO unit related occupants
shall be 62 years of age or older. The care giver must vacate the
ECHO unit within 60 days of the ECHO unit occupant's vacating the
ECHO unit.
[Amended 12-17-2001 by Ord. No. 11-9-2001]
(b)
The ECHO unit shall be removed from the premises
upon the death or permanent change of address of the original occupants,
and physical removal of the unit shall take place within 90 days of
such event. To facilitate this requirement, the unit shall either
be part of an ECHO housing unit program sponsored by the Township
or other governmental unit or agency or nonprofit program or the municipal
agency shall be satisfied that adequate provisions (such as the posting
of a bond to ensure the removal of the unit) have been made guaranteeing
the removal of the ECHO unit at the end of the term of the subject
occupancy.
(c)
Within 60 days of the removal of the unit, the
lot shall be restored by the owner/occupant of the premises to the
status prior to the installation of the unit or bond shall be posted
with the Township to ensure the restoration.
(d)
Application and approval for an ECHO unit shall
be considered a minor site plan subject to the review and approval
of the Planning Board. Upon submission of the application, the applicant
shall pay an application fee of $200 and establish an escrow in the
amount of $1,000 for professional review, subject to the requirements
of the Land Use and Development Ordinance of Kingwood Township. Notice
of an application for an ECHO unit shall be given in accordance with
the provisions of N.J.S.A. 40:55D-12.
(e)
The owner/occupant of the primary dwelling shall
obtain an annual permit from the Zoning Officer at an annual fee of
$25, which shall be issued after his on-site inspection of the ECHO
unit and satisfaction that the requirements of this subsection continue
to be met. This permit shall certify the continuing compliance by
the permittee with the conditions of the original permit issuance.
[3]
Editor's Note: Former Subsection O, Community
residences for more than six but nor more than 15 persons, added 7-26-1993
by Ord. No. 8-13-93, was repealed 10-7-2003 by Ord. No. 12-10-2003.
This ordinance also provided for the redesignation of former Subsection
P as Subsection O.
P.
Solar
and/or photovoltaic energy facilities and structures. All major solar
or photovoltaic energy facility or structure installations shall comply
with the following conditional use standards:
[Added 12-7-2010 by Ord. No. 16-16-2010; amended 4-25-2011 by Ord. No.
16-13-2011; 7-5-2012 by Ord. No. 17-12-2012]
(1)
Major solar or photovoltaic energy facilities and structures.
(a)
Minimum lot size: 20 acres.
(b)
In the AR-2 Zone, the minimum lot size shall be 20 acres, and
there shall be provided open lands, which shall not be occupied by
any component of the major solar or photovoltaic energy facility,
and shall be permanently deed restricted from further development,
subject to the following regulations:
[Amended 11-5-2020 by Ord. No. 20-14-2020]
[1]
On all tracts of land 40 acres or greater in size, or a tract
or tracts of land of any size adjacent to land which has been deed
restricted for farmland or open space preservation, or a tract identified
as or adjacent to greenway or open space lands in the Kingwood Township
Master Plan, Open Space Plan or Farmland Preservation Plan, no major
solar or photovoltaic energy facility shall occupy more than 50% of
the gross tract area, provided that the remaining 50% of gross tract
area shall be dedicated as open lands, which shall contain a minimum
of 30% of the unconstrained tract area.
[2]
For all tracts of lands less than 40 acres in size developed
for major solar or photovoltaic energy facilities, the developer shall
preserve, as lands preserved for farmland use, through transfer of
the development rights to Kingwood Township equal in area to the area
of land dedicated to use in connection with the solar or photovoltaic
energy facility. The land preserved for farmland use shall include
an area of unconstrained lands that is not less than 30% of the total
combined tract area of the properties being used for the solar facility
and to meet the preserved land requirements of this chapter.
[3]
Farm structures and not more than one residential farm dwelling supporting continuing farm operations on the open lands portion of the site shall be permitted; provided, however, that areas occupied by farm buildings, the residential farm dwelling, and appurtenant residential areas shall not be counted toward the open lands requirement set forth in § 132-102P(1)(b)[1] and [2] above.
(2)
In the VR-1, VR-2, VC-1, VC-2, HC and PO/R, no major solar or
photovoltaic energy facility or structures shall be situated upon
a lot or lots upon which there is situated another principal use or
structure.
(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)
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.
(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 [§ 132-102P(6) 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/newtofc.htm.
[4]
In the event mechanical cutting of woody and grass materials
is employed for ground cover maintenance, all materials shall be immediately
removed from the site to prevent a buildup of fire load that may contribute
to potential brush fires.
(6)
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 § 115-11.E(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.
(7)
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.
(8)
Except for areas of 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.
(9)
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.
(10)
Permitted height. The maximum permitted vertical height above
ground for solar and photovoltaic energy panels shall be 12 feet.
(11)
Major solar energy systems and facilities, including all components
thereof, shall be designed to withstand a ground level wind velocity
of 90 miles per hour, or greater; or in accordance with wind loading
guidelines established in the Uniform Construction Code, whichever
is greater.
(12)
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.
Q.
Tenant
houses.
[Added 8-1-2013 by Ord. No. 17-17-2013]
(1)
Tenant
houses shall be for use only by the resident’s employees or
guests and shall not be a rental unit;
(2)
The
minimum lot size for a tenant house shall be 14 acres;
(3)
Tenant
houses shall be located on the property in such a manner that it can
be subdivided and sold separately from the main building in full conformity
with the requirements of the zoning district in which it is situated
for a single-family lot, including, without limitation, requirements
for street frontage, lot area and dimensions and well and septic,
and without the requirement for any variances;
(4)
Tenant
houses shall meet the setback requirements for a principal building.
(5)
Mobile
homes, vacation trailers, campers or trailers of any kind shall not
be permitted to provide residency for persons or animals under the
provisions of this section.
