Township of Kingwood, NJ
Hunterdon County
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Table of Contents
Table of Contents
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.
(4) 
Landscaping and screening shall be provided in accordance with Article IV.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, Cluster residential development, as amended, was repealed 6-17-1996 by Ord. No. 9-11-96.
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]
(12) 
The use shall conform to § 132-54, Performance standards for all uses.
[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. 19-22-2018]
(1) 
Accessory apartments (temporary) created under the provisions of Ordinance No. 18-13-93 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.
[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 abovementioned 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 abovementioned 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.
(3) 
Signage is provided in accordance with the requirements of Article V.
(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/she 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:
[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] 
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)(a) 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.