This chapter shall be known and may be cited
and referred to as the "Kingwood Township Zoning Ordinance (1979)."
The purpose of this chapter is to regulate and
establish a pattern for the nature and extent of the uses of land
and of buildings and structures thereon in the Township of Kingwood.
It is enacted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1
et seq.) in order to promote the public health, safety, morals and
general welfare. This chapter is intended:
A.Â
To limit and restrict buildings and structures to
specified districts and regulate buildings and structures according
to their type and the nature of the extent of their use;
B.Â
To secure safety from fire, flood, panic and other
natural and man-made disasters;
C.Â
To assure adequate light, air and open space;
D.Â
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods and communities and which will preserve
the environment;
E.Â
To provide sufficient space and appropriate locations
for a variety of agricultural, residential, recreational, commercial
and industrial uses and open space, according to their respective
environmental requirements;
F.Â
To regulate the bulk, height, number of stories and
size of buildings and other structures and the percentage of lot or
development area that may be occupied by structures and the lot sizes
and dimensions;
G.Â
To promote a desirable visual environment through
creative development techniques and good civic design and arrangement
and to encourage the location and design of transportation routes
which will promote the free flow of traffic while discouraging location
of such facilities and routes which will result in congestion and
blight; and
H.Â
Also to promote the conservation of open space and
valuable natural resources and to prevent urban sprawl and degradation
of the environment through improper land use.
All words used herein in the present tense shall include the future; the singular shall include the plural, and the plural shall include the singular. The word "shall" is mandatory and not directory. For the purposes of this chapter, certain words and phrases are herein defined as follows, unless the context clearly indicates a different meaning. Specific definitions are also contained at the beginning of § 132-37 and at the beginning of Article V.
As used in this chapter, the following terms
shall have the meanings indicated:
A building, structure or use on the same lot with and of
a nature incidental and subordinate to the principal building, structure
or use.
Land shall be deemed to be in agricultural use when devoted
to the production for sale of plants and animals useful to men, including
but not limited to forages and sod crops; grains and feed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats,
including the breeding and grazing of any and all of such animals;
bees and apiary products; fur animals; trees and forest products;
or when devoted to and meeting the requirements and qualifications
for payments or other compensation pursuant to a soil conservation
program under an agreement with an agency of the federal government
or when devoted to the production for sale of fruits of all kinds,
including grapes, nuts and berries, vegetables, nursery, floral, ornamental
and greenhouse products.
A change or rearrangement in the structural parts or in the
existing facilities which alters the use of the building or an enlargement,
whether by extension of a side or by increasing in height or by moves
from one location or position to another.
Any building, premises or land in which a business, service
or activity is located in which a primary pursuit is painting, body
and fender replacement and repair, chassis repair and straightening,
auto dismantling and auto wrecking or other similar activities. This
definition does not include automobile junkyards.
[Added 7-26-1993 by Ord. No. 8-13-93; amended 8-4-2009 by Ord. No. 15-06-2009]
Any building, land area or other premises, or portion thereof,
used or intended to be used for the retail dispensing or sale of vehicular
fuels and/or for the mechanical repair and servicing of automobiles.
This service may include, but is not restricted to, the sale and installation
of lubricants, tires, batteries and similar accessories and other
general vehicle maintenance and mechanical repairs. An "automobile
service station" shall not engage in vehicle painting or body and
fender replacement and repair, chassis repair and straightening, auto
body dismantling and auto wrecking or other activities which are associated
with automobile body repair shops.
[Added 7-26-1993 by Ord. No. 8-13-93]
Owner-occupied, single-family home wherein the owner provides
overnight accommodations and a morning meal (no more than four consecutive
days/three consecutive nights) to transient guests for compensation.
[Added 6-17-1996 by Ord. No. 9-11-1996]
An area consisting of trees, shrubs, solid fencing, earth
berm plantings or a combination of those ingredients installed so
as to provide both a visual and/or an acoustical barrier between properties
or between a property or use and a public road. Solid fencing may
be substituted to meet only part of the requirement and must be supplemented
with plantings.
A contiguous area of land located within the building envelope
of a lot which does not contain any constrained areas and which is
equal in size to the lesser of one-half of the area of the building
envelope or one acre.
[Added 3-7-2006 by Ord. No. 13-20-2006; amended 4-4-2006 by Ord. No. 13-21-2006]
A combination of materials to form a construction adapted
to the permanent, temporary or continuous occupancy by persons, animals
or property and having a roof.
The square footage or other area measurements by which all
buildings occupy a lot as measured on a horizontal plane around the
periphery of the foundation and including the area under the roof
of any structure supported by columns but not having walls, as measured
around the outside of the outermost extremities of the roof above
the columns.
The area of land located within the applicable principal
building setback lines of a lot.
[Added 3-7-2006 by Ord. No. 13-20-2006]
A self-propelled vehicular structure built as
one unit on a chassis and designed for temporary living, for travel,
recreation, vacation or other short-term use, which may contain cooking,
sleeping and sanitary facilities;
An immobile structure containing cooking and
sleeping facilities for travel, recreation, vacation or other short-term
use and designed to be attached to the body of another vehicle for
transporting from one location to another; or
A portable vehicular structure built on a chassis
designed for camping, the body of which is basically rectangular with
a flat top and not more than four feet above the surface of the ground
and designed to have a temporary tent erected above the four-foot
level for camping activities.
This definition of cargo container shall not include any
trailer or other container which is equipped, or at one time was equipped,
with wheels allowing it to be transported by towing. A cargo container
is any combination of materials consisting of four sides, a floor
and a ceiling which form an enclosure whose principal use is the storage
of goods, equipment and material for transportation via sea or overland
via truck or railroad.
[Added 6-21-1999 by Ord. No. 10-9-99]
A center licensed by the Department of Human Services pursuant
to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
[Added 7-26-1993 by Ord. No. 8-13-93]
A development design technique that concentrates buildings
in specific areas on the site to allow the remaining land to be used
for recreation, common open space and preservation of environmentally
sensitive features.[1]
[Added 4-4-2006 by Ord. No. 13-21-2006]
A form of development for single-family residential subdivisions
that permits a reduction in lot area and bulk requirements, provided
there is no increase in the number of lots permitted under a conventional
subdivision and the resultant land area is devoted to open space.
[Added 4-4-2006 by Ord. No. 13-21-2006]
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Any community residential facility as defined in N.J.S.A.
40:55D-66.2 (or as in the future may be amended) and meeting the standards
established therein and in related statutes.
[Added 10-7-2003 by Ord. No. 12-10-2003[2]]
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
Those portions of a lot, tract or parcel of land which are
encumbered by, used for or otherwise dedicated to the following: areas
of existing road and transmission rights-of-way and proposed new roads
within the tract; areas of easements or rights-of-way required for
widening of existing roads abutting the tract boundaries; areas of
all existing easements and restrictive covenants; natural resource
limitation areas, including floodplains, wetlands, NJDEP-required
wetlands transition areas, areas deemed by NJDEP to be unavailable
for development due to the presence of special water resource protection
areas for C-1 waters, streams, required stream buffer conservation
areas, land under water and areas of slopes 20% or greater.
[Added 3-7-2006 by Ord. No. 13-20-2006; amended 4-25-2011 by Ord. No. 16-13-2011; 7-5-2012 by Ord. No. 17-12-2012]
Any licensed and registered trailer utilized to transport
landscaping and/or construction equipment, to store and transport
construction materials or to provide temporary on-site office facilities
for construction contractors at job locations.
[Added 6-21-1999 by Ord. No. 10-9-99]
Includes the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure
or of any mining, excavation or landfill and any use or change in
the use of any building or other structure or land or extension of
use of land for which permission may be required under this chapter.
For purposes of this chapter, "development" also includes locating,
constructing, revising or otherwise changing or placing a sign or
installing lighting or solid waste containers.
[Added 9-22-1988 by Ord. No. 6-13-88]
A building containing one or more dwelling units and being
detached, that is, having no wall or walls in common with an adjacent
dwelling or dwellings.
A dwelling containing no more than one dwelling unit.
One room or rooms connected together constituting a separate,
independent housekeeping establishment for owner occupancy or rental
or lease and physically separated from any other rooms or dwelling
units which may be in the same structure and containing independent
cooking and sleeping facilities.
An elder cottage housing opportunity (ECHO) unit is a small
removable modular cottage on a lot with a single residential dwelling.
The ECHO unit shall be a separate living quarters, accessory to a
primary residence on the premises, not exceeding 720 square feet of
gross floor area for the use of 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 primary care giver. One of the ECHO unit occupants shall be 60
years of age or older.
[Added 7-16-2001 by Ord. No. 11-4-2001; amended 12-17-2001 by Ord. No. 11-9-2001]
A private residence which is registered as a family day-care
home pursuant to the Family Day Care Provider Registration Act, P.L.
1987, c. 27 (N.J.S.A. 30:5B-16 et seq.), and is further defined as
a private residence in which child-care services are provided for
a fee to not fewer than three and no more than five children at any
one time for no less than 15 hours per week.
[Added 7-26-1993 by Ord. No. 8-13-93]
A lot, as defined herein, having an area of not less than
five acres and used for agricultural purposes as defined herein.
An accessory building devoted to the retail sale of farm
produce grown, raised, or produced on, or collected or harvested from,
the lands comprising, or under common ownership with, the lot on which
the farm market is located.
[Added 7-17-2000 by Ord. No. 11-7-2000]
Those products and goods, including, without limitation,
animals and plants, that are grown, raised, or produced on, or collected
or harvested from, lands devoted to agricultural and/or horticultural
use.
[Added 7-17-2000 by Ord. No. 11-7-2000]
Agricultural and horticultural supplies and hand tools, souvenir
and gift items, such as shirts and mugs printed with the name of the
farm or farm market, and those items that are not farm produce but
are derived from farm produce, including but not limited to, canned
or jarred fruits, homemade pies, trees, plants, flowers, shrubs, firewood
and homemade crafts.
[Added 7-17-2000 by Ord. No. 11-7-2000]
A lot having less frontage than the minimum required for
a standard lot by these development regulations, but sufficient to
provide adequate access as herein defined as a Class II minor subdivision,
by way of an access strip or staff, to the main portion of the lot
in the rear, which is intended and suitable to accommodate a single-family
residence in compliance with the development regulations.
[Added 6-17-1996 by Ord. No. 9-11-96]
An open market selling new or used household goods, curios,
tools and other equipment, material, handcrafts and the like.
[Added 9-22-1988 by Ord. No. 6-13-88]
The sum of the area of all floors of buildings or structures
compared to the total area of the site. For purposes of this chapter,
wetlands, floodways and areas within the one-hundred-year floodplain
shall be counted at half credit toward the permitted "floor area ratio."
[Added 9-22-1988 by Ord. No. 6-13-88]
The distance for which a lot abuts a public street, measured
at and from the right-of-way line. In the Byram Colony Zone, for those
properties abutting the Delaware River, or both the Delaware River
and a public street, frontage is the distance for which a lot abuts
the Delaware River, measured at the point where uplands abut riparian
lands.
[Added 6-3-2003 by Ord. No. 12-6-2003]
The total floor area in a building or structure measured
by using the outside dimension of the building at each floor and basement
level. The floor area of uses sharing a common wall shall be measured
from the center of the common wall and from the outside of exterior
walls.
[Added 9-22-1988 by Ord. No. 6-13-88]
That portion of an attic that has a means of access and egress
and in which the ceiling area at a height of five feet or more is
greater than 40% of the floor area below.
[Added 4-12-2010 by Ord. No. 16-04-2010]
The total floor area of those portions of any dwelling unit
used as living space, including kitchens, living and dining rooms,
baths and bedrooms and hallways but not including cellars, porches
or attics, except expansion attics which may be finished to provide
additional rooms without structural alterations to roof or exterior
walls.
Any use conducted entirely within a dwelling, carried on
by the occupants thereof, which constitutes either entirely or partly
the means of livelihood of a person living in such dwelling, which
use is clearly incidental and secondary to the use of the dwelling
for residential purposes and in connection with which there is no
display or stock-in-trade or commodities sold upon the premises, unless
the commodities sold are clearly secondary and identified with the
permitted occupation. In addition, there shall be no motor vehicles
or equipment or other items used in connection with or upon which
any service is performed in connection with such employment or occupation
stored or kept in any location on the lot except in an enclosed building.
No equipment or process shall be used in such employment or occupation
which creates noise, vibration, glare, fumes, odors or electrical
interference detectable to the normal senses off the lot, and, in
the case of electrical interference, 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. "Home occupations" include but are not limited
to millinery, dressmaking, workshop for watchmaking, electrical and
radio repair, cabinetmaking or carpentry work and family day-care
homes. Automobile service stations and automobile body repair shops
shall not be considered "home occupations."
[Amended 7-26-1993 by Ord. No. 8-13-93]
An area wherein one or more buildings are erected for industrial
purposes in relation to one another as a part of an integrated and
comprehensive plan, total unit, whether or not the buildings are erected
simultaneously or over a period of time.
Areas containing trees, shrubs and ground covers, pedestrian
and recreation areas, ponds, streams or other areas or features which
can be reasonably included, but shall not include areas occupied by
buildings or structures, areas paved for parking, loading or access
thereto, required buffers or areas utilized for outside storage.
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading.
An integral parcel or portion of land or contiguous integral
parcels or portions of land under the same ownership which are not
separate subdivision lots of record. For the purpose of this chapter,
continuous undersize lots under one ownership shall be considered
one "lot."
The area contained within the lot lines of a lot, but not
including any portion of the lot in use or to be used as a street
or street right-of-way.
A circle, the diameter of which shall be inscribed on each
proposed lot in a subdivision tangent to the front yard setback line
and located entirely within the building envelope. For lots in a Class
I minor subdivision and two-acre lots in a Class II minor subdivision,
the lot circle requirement shall not be applicable.
[Added 3-7-2006 by Ord. No. 13-20-2006]
The area of the lot covered by buildings and paved surfaces,
including sidewalks, curbs, parking and loading areas, patios, decks
and buildings measured to the exterior of the foundation wall, or
to the edge of an overhang where the overhang creates an angle greater
than 15° measured from the foundation wall, whether these areas
are constructed of concrete, blacktop, compacted stone, brick, block,
flagstone, wood or similar material.
[Added 9-22-1988 by Ord. No. 6-13-88]
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line. For corner lots, lots fronting on a Class II
common driveway, and lots abutting lands used or capable of use for
a flag stem with fifty-foot frontage, lot depth shall be measured
from each lot line fronting on a public street, on a Class II common
driveway, and abutting lands used or capable of use for a flag stem
with fifty-foot frontage.
[Amended 6-3-2003 by Ord.
No. 12-6-2003; 10-1-2015 by Ord. No. 18-11-2015]
[Added 6-17-1996 by Ord. No. 9-11-96; amended 3-7-2006 by Ord. No. 13-20-2006]
The lot area and bulk requirements of one or
more lots in a residential subdivision may be reduced, provided that
for every lot which is reduced, another lot is oversized; the average
size of all lots is seven acres or more; and there is no increase
in the number of lots that would be permitted under a conventional
subdivision of the property after taking into account the partial
credit allowed for constrained areas. No lot shall be permitted to
be less than two acres in size.
In the event that an applicant for development
elects to utilize lot size averaging, all lots shall be permanently
deed restricted from and against further subdivision and development
in the future, except for either agricultural use, one single-family
residential use, or a combination of both.
Example of permitted "lot size averaging." Assume a minimum lot size of seven acres and a property, the net acreage of which, after taking into account the partial credit allowed for constrained areas, is 70 acres, a presumptive maximum of 10 lots would be permissible. Based on this illustration, a subdivision creating a maximum of 10 lots, consisting of nine new lots and the remaining lands, would be permitted, with no lot less than two acres. Such a subdivision could be configured as one two-acre lot, two three-acre lots, one five-acre lot, one six-acre lot, one eight-acre lot, one nine-acre lot, two ten-acre lots and one twelve-acre lot. Each lot would be required to be permanently deed restricted as set forth in Subsection B above.
[Amended 4-4-2006 by Ord. No. 13-21-2006]
All provisions of § 132-30F shall apply to all lot size averaging subdivisions.
That portion of a lot extending along a street line. In an
odd-shaped or triangular-shaped lot existing of record as of January
31, 1979, the length of the frontage may be determined as the perpendicular
distance between side lines at the setback point in the instances
where the side line is parallel. In the case where the side lines
converge toward or away from the front line, the frontage shall be
measured along a line parallel to the front lot line drawn at a distance
equal to the required minimum setback. In all instances where an optional
method is used, the actual length of the street line shall not be
less than 50 feet.
[Amended 6-3-2003 by Ord. No. 12-6-2003]
A system of fuel cells, solar or photovoltaic panels and
equipment for the production of energy that is not a minor solar or
photovoltaic energy facility or structure.
[Added 12-7-2010 by Ord. No. 16-16-2010]
A building consisting of not more than 7,500 square feet
in area used for indoor temporary storage of goods, materials, vehicles
or equipment and consisting of not more than three loading bays and
overhead doors for loading and unloading the building.
[Added 3-2-2023 by Ord. No. 5-2023]
A fuel cell, solar or photovoltaic panel or system of panels
for the production of energy that:
[Added 12-7-2010 by Ord. No. 16-16-2010]
Uses solar energy as its fuel; is located on the power beneficiary’s
premises; is designed and intended primarily to offset part or all
of the beneficiary’s requirements for energy consumption on
site; and is secondary to the beneficiary’s use of the premises
for other lawful purpose(s); or,
Is intended to mitigate electrical system improvement requirements;
and
Generates not more than 110% of the power consumed by the beneficiary’s
premises, which shall be documented through the submission of power
company electricity usage bills or another form of documentation acceptable
to the Kingwood Township Zoning Officer.
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of this chapter but which
fails to conform to the requirements of the zoning district in which
it is located by reason of the adoption of this chapter or any revision
or amendment hereto.
A structure, the size, dimensions or location of which was
lawful prior to the adoption, revision or amendment of this chapter
but which fails to conform to the requirements of the zoning district
in which it is located by reason of the adoption, revision or amendment
of this chapter.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter but which fails to conform to
the requirements of the zoning district in which it is located by
reason of the adoption, revision or amendment of this chapter.
An off-street space available for the parking of a motor
vehicle, which space in this chapter is held to be an area 10 feet
wide and 20 feet long, exclusive of passageways and driveways appurtenant
and giving access thereto. The width and length of each space shall
be measured perpendicular to each other regardless of the angle of
the "parking space" to the axis, aisle or driveway.
An area of minimum contiguous size, specified by this chapter,
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and any residential or other uses
incident to the predominate use as may be permitted by this chapter.
An area of minimum contiguous size, as specified by this
chapter, to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominate use
as may be permitted by this chapter.
Any container or other unit, consisting of four sides, a
floor and a top, that is designed or used for the purpose of holding,
transporting or storing items and/or materials, including but not
limited to household goods, wares, building materials or merchandise,
on a temporary or permanent basis, or for shipping such items and/or
materials, and which can be transported from place to place by truck,
train or ship. Notwithstanding the foregoing, all trailers and trucks
that are currently registered, tagged and insured for use on public
roads and are used by an agricultural, commercial or industrial operation
to transport goods, products and materials from one location to another
shall be excluded from the definition of "portable storage container."
[Added 9-7-2010 by Ord. No. 16-14-2010]
A professional office conducted entirely within a dwelling
or structure occupied as the principal residence of the professional.
The office of a member of a recognized profession, including
architects, artists, authors, dentists, doctors or lawyers, ministers,
musicians, optometrists, professional engineers, veterinarians and
such other similar professional occupations. The issuance of a state
or local license for regulation of any gainful occupation need not
be deemed indicative of professional standing.
A conceptual plan showing the maximum development attainable
for a property through application of a conventional major subdivision
approach, i.e., without benefit of lot-size averaging or cluster alternatives,
and taking into account the partial credit allowed for constrained
areas and the minimum buildable area requirement.
[Added 3-7-2006 by Ord. No. 13-20-2006]
The number of dwelling units per gross acre of residential land area calculated and adjusted in accordance with the constrained area calculations set forth in § 132-30F.
[Added 3-7-2006 by Ord. No. 13-20-2006]
A commercial establishment where food and drink are prepared,
served and consumed on the premises. As used in this chapter, a restaurant
shall not include a fast-food restaurant where the food and drink
are purchased at a counter and either eaten on the premises, in the
purchaser's vehicle or off the premises. Those restaurants where food
and drink are consumed only at tables on the premises and served either
cafeteria style or by waiters and waitresses shall not be deemed fast-food
restaurants.
[Added 9-22-1988 by Ord. No. 6-13-88]
A line running parallel with the street line and being measured
from the street line to the existing building or proposed building
on the lot, in accordance with the distance requirements of this chapter.
In the Byram Colony Zone, for lots abutting the Delaware River, or
both the Delaware River and a public street, the setback line is a
line running parallel with the line of the Delaware River and being
measured from the line of the Delaware River to the existing building
or proposed building on the lot, in accordance with the distance requirements
of this chapter.
[Amended 7-18-1980 by Ord. No. 4-6-80; 6-3-2003 by Ord. No. 12-6-2003]
Four or more retail establishments with a combined total
gross floor area of 25,000 square feet or more built on one tract
that is planned and developed as an operating unit; it provides on-site
parking in definite relationship to the type and total size of the
stores. The commercial establishments may be located in one or several
buildings, attached or separated.
[Added 7-26-1993 by Ord. No. 8-13-93]
A required open space unoccupied and unobstructed by any
structure or portion of a structure, any growth or vegetation, except
low-growing vegetation, and providing an area of clear view for a
vehicle or vehicles leaving the driveway of a private property and
entering a public road for the purposes of assisting in viewing traffic
on the public road. The sight assistance area shall be maintained
by the property owner, and the Township may bring an action to enforce
its maintenance.
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required by the Planning Board or that is required by Article VII of this chapter in order to make an informed determination pursuant to this chapter.
A wind energy conversion system, consisting of a wind turbine,
a tower, and associated control or conversion electronics, that is
used to generate electricity and has a nameplate capacity of 100 kilowatts
or less.
[Added 8-4-2011 by Ord. No. 16-20-2011; amended 3-1-2012 by Ord. No. 17-02-2012]
An area of land where the slope exceeds 25%.
[Added 3-7-2006 by Ord. No. 13-20-2006]
Any trailer which is not a utility trailer. This definition
includes, by way of example and not by way of limitation, cargo vans,
box trailers, flat trailers and tank trailers.
[Added 6-21-1999 by Ord. No. 10-9-99]
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, which line forms the dividing
line between the street and a lot.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
[Added 7-26-1993 by Ord. No. 8-13-93]
Any vehicular portable structure, including storage trailers
and utility trailers, built on a chassis designed for towing, to be
towed and/or motorized self-propulsion whose primary use is as a temporary
dwelling for travel, recreation, vacation and other short term uses
and which may contain cooking, sleeping and sanitary facilities or
is for the storage and transportation of goods or equipment.
[Amended 6-21-1999 by Ord. No. 10-9-99]
Those portions of a lot, tract, or parcel of land, which
are not encumbered by, used for, or otherwise dedicated to the following:
areas of existing road and transmission rights-of-way and proposed
new roads within the tract, areas of easements or rights-of-way required
for widening of existing roads abutting the tract boundaries; areas
of all existing easements and restrictive covenants; natural resource
limitation areas including floodplains, wetlands, NJDEP-required wetlands
transition areas, areas deemed by NJDEP to be unavailable for development
due to the presence of special water resource protection areas for
C-1 waters, streams, required stream buffer conservation areas, land
under water and areas of slopes 20% or greater.
[Added 4-25-2011 by Ord. No. 16-13-2011; amended 7-5-2012 by Ord. No. 17-12-2012]
Any trailer which is utilized to transport produce, livestock,
farm equipment, boats, motorcycles, racing cars, antique cars, snowmobiles,
jet skis and other agricultural products or equipment or recreational
equipment.
[Added 6-21-1999 by Ord. No. 10-9-99]
A required open space, unoccupied and unobstructed by any
structure or portion of a structure from 12 inches above the general
ground level of the graded lot upwards, except as otherwise permitted
by this chapter; provided, however, that fences, walls, poles, posts
and other customary lawn accessories, ornaments and furniture may
be permitted in any yard subject to the provisions of this chapter
governing height and those requirements limiting obstruction of visibility.
A yard extending between side lot lines across the front
of a lot adjoining a street. In the Byram Colony Zone, for lots abutting
the Delaware River, or both the Delaware River and a public street,
the front yard is a yard extending between side lot lines across the
front of the lot abutting the Delaware River. The depth of the front
yard shall be measured horizontally and at right angles to either
a straight street line or the tangent lines of curved street lines,
or, in the Byram Colony Zone, horizontally and at right angles to
the line of the Delaware River. The minimum front yard requirements
shall be the same as required in this chapter. For corner lots, lots
fronting on a Class II common driveway and lots abutting lands used
or capable of use for a flag stem with fifty-foot frontage, the front
yard setback shall be measured from each lot line fronting on a public
street, on a Class II common driveway, and abutting lands used or
capable of use for a flag stem with fifty-foot frontage.
[Amended 7-18-1980 by Ord. No. 4-6-80; 6-3-2003 by Ord. No. 12-6-2003; 10-1-2015 by Ord. No. 18-11-2015]
A yard extending between the side lot lines across the whole
width of the lot and lying between the rear lot line and the closest
point of the principal building on the lot. In the Byram Colony Zone,
for those properties abutting the Delaware River, or both the Delaware
River and a public street, the front yard is the area between the
Delaware River and the principal building on the lot and the rear
yard is the yard behind the front yard and the principal building
on the lot.
[Amended 6-3-2003 by Ord. No. 12-6-2003]
A yard extending along the side lot line from the front yard
to the rear yard and lying between the side lot line and the nearest
part of the principal building.
[1]
Editor's Note: The former definition of "cluster
residential development," as amended 4-4-2006 by Ord. No. 13-21-2006,
which immediately followed this definition, was repealed 4-4-2006
by Ord. No. 13-21-2006.
[2]
Editor's Note: This ordinance also repealed
the former definitions of "community residence for the developmentally
disabled" and "community shelter for the victims of domestic violence,"
both added 7-26-1993 by Ord. No. 8-13-93.
The provisions of this chapter shall be held
to be minimum requirements. Where this chapter imposes greater restrictions
than are imposed or required by other provisions of law or by other
rules or regulations, the provisions of this chapter shall control.
Where other laws, rules, regulations or resolutions require greater
restrictions than are imposed or required by this chapter, provisions
of such other laws, rules, regulations or restrictions shall control.
[Amended 9-22-1988 by Ord. No. 6-13-88; 7-26-1993 by Ord. No. 8-13-93; 6-21-1999 by Ord. No. 10-9-99; 8-4-2009 by Ord. No. 15-06-2009]
All uses not expressly permitted in this chapter are prohibited. In addition, without limiting the foregoing language, uses not specifically permitted as principal, accessory, or conditional uses under § 132-30 of this chapter (which, if permitted, are subject to all requirements contained in § 132-30) are not permitted in the AR-2, Agricultural and Single-Family Residential District. Further, uses not specifically permitted as principal, accessory or conditional uses under § 132-31 of this chapter (which, if permitted, are subject to all requirements contained in § 132-31) are not permitted in the VR-1, Village Residential District. Finally, uses not specifically permitted as principal, accessory or conditional uses under § 132-32 of this chapter (which, if permitted, are subject to all requirements contained in § 132-32) are not permitted in the VR-2, Village Residential District. By way of example but not limitation, the following uses are expressly prohibited in any zone in the Township:
A.Â
Sanitary landfills and related solid waste handling
facilities, but not including municipally sponsored recycling facilities.
B.Â
Quarrying, mining and strip mining operations.
C.Â
Refineries and transmission pipelines.
D.Â
Any use which, as one of its principal activities,
is primarily engaged in the mixing, blending, distillation, distribution
or any other production, manufacturing or processing of chemical,
corrosive, toxic and/or hazardous materials.
E.Â
Kennels for the breeding and/or boarding of dogs, except those licensed pursuant to § 57-9.
[Amended 4-4-2019 by Ord. No. 20-09-2019]
F.Â
Automobile body repair shops not in existence as of
February 8, 1993.
G.Â
Landscape contractors and construction contractors
not in existence as of June 21, 1999, except as specifically permitted
in the Business Park Zone as a conditional use.
H.Â
Drilling
for natural gas, using the drilling technique of hydraulic fracturing
and exploring for natural gas beyond the reconnaissance phase.
[Added 6-2-2016 by Ord.
No. 18-07-2016]
I.Â
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 7-1-2021 by Ord. No. 21-17-2021]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
All requirements set forth in this chapter shall
be met at the time of the erection, enlargement, alteration, moving
or change in use of the principal use or any lot or structure and
shall apply to the entire lot, structure or structures, whether or
not the entire lot, structure or structures were involved in the erection,
alterations, enlargement, moving or change in use.
A.Â
Except as otherwise provided in this chapter, it shall
be unlawful to locate, relocate, erect, construct, reconstruct, enlarge
or structurally alter any structure except in conformity with the
regulations of the district in which such structure is located.
B.Â
Except as otherwise provided in this chapter, it shall
be unlawful to use any land or structure for any purpose other than
that which is permitted in the district in which such land or structure
is located.
Nothing in this chapter shall be construed to
require any change in the plans, construction, size or designated
use of any structure, or part thereof, for which any building permit
has been granted before the enactment of this chapter, provided that
construction from such plans shall have been started within 60 days
of the enactment of this chapter and shall be diligently pursued to
completion.
In any district, more than one permitted principal
use may be conducted on a single lot, and more than one structure
housing a permitted principal use or permitted principal uses may
be erected on a single lot, provided that all other requirements of
this chapter shall be met for such structure as though it were on
an individual lot, and provided further that in no case shall there
be more than one single-family dwelling on any one subdivision lot
of record.
[Amended 6-21-1999 by Ord. No. 10-9-99]
A.Â
Mobile homes, vacation trailers, campers or trailers
of any kind or type shall not be permitted to provide residency to
persons or animals in any zoning district.
B.Â
Utility trailers, mobile homes, vacation trailers
and campers may be stored outdoors in the AR-2 Zone only when such
storage is confined to the rear or side yards of the lot. Utility
trailers may be stored outdoors in any zoning district other than
the AR-2 Zone only if such trailer is used in conjunction with the
business conducted at that location and only when such storage is
confined to the rear or side yards of the lot. Construction trailers
may be stored outdoors in any zoning district only if such trailer
is used in conjunction with a landscape contracting or construction
contracting business validly and lawfully conducted at that location
and only when such storage is confined to the rear or side yards of
the lot.
C.Â
Except as expressly provided in § 132-11B above, no person shall leave or maintain any trailer in any zone or use any trailer or vehicle to provide storage for any materials, equipment or goods in any zoning district.
[Amended 12-20-1999 by Ord. No. 10-18-99]
D.Â
Cargo containers.
(1)Â
Except as otherwise provided below, no cargo container
shall be permitted in any zoning district. Notwithstanding the foregoing
prohibition, cargo containers situated on lots in the AR-2 Zone and
utilized for the storage of agricultural supplies or equipment as
of the date of adoption of this amendment may continue to be used
for such purpose provided that the owner thereof complies with each
and every condition set forth below:
(a)Â
The owner of the property must register the
existence of the cargo containers with the Zoning Officer within 90
days of the date of adoption of this amendment. Thereafter, any unregistered
cargo container is not permitted;
(b)Â
At the time of registration, the owner must
pay a one-time license fee of $25;
(c)Â
The cargo container is located on a lot which
is 10 acres or more in size;
(d)Â
No more than one cargo container may be maintained
in such use on any one lot;
(e)Â
The cargo container will be subject to a mandatory
inspection by the Zoning Officer and/or Code Enforcement Official
not less than every two years and not more frequently than annually
for purposes of evaluating the integrity, condition and safety of
the cargo container;
(f)Â
The cargo container must be maintained in sound,
safe and attractive condition, including but not limited to painting
the exterior of the cargo container and maintaining such paint in
good condition and repair;
(g)Â
The cargo container is utilized only for the
storage of agricultural supplies or equipment and is not used for
the storage or quartering of livestock or agricultural produce or
the storage of any other materials, equipment or property of any kind;
(h)Â
The cargo container, upon being registered and
the permit issued, shall thereafter be subject to assessment and taxation.
The owner, and tenant, if any, of the property upon which any such
cargo container must, at the time of registration as provided below,
agree to irrevocably waive, as consideration for the issuance of a
permit for the maintenance of the cargo container, any right to contest
the taxation of the cargo container and any right to seek a reduction
in property taxes by reason of the presence of such cargo container;
(i)Â
The cargo container must be located in the side
or rear yard of the lot and may not be located in the front yard of
the lot; and
(j)Â
The cargo container must be removed when the
lot on which any such cargo container is located is subdivided or
ownership thereof is transferred in any manner whatsoever.
(2)Â
Provided that the foregoing conditions are met at
the time of registration, the Zoning Officer shall conduct an inspection
of the cargo container for which registration is sought and, upon
verification that the cargo container complies with each of the foregoing
conditions, the owner thereof shall be issued a permit for the use
of that cargo container. Whenever in the judgment of the Zoning Officer
or Code Enforcement Official any cargo container for which a permit
is obtained pursuant to this subsection has become unsafe or fails
to comply with any of the conditions set forth above, the Zoning Officer
shall issue a notice to the owner of said cargo container providing
said owner with 30 days to remediate the condition. If at the end
of 30 days the owner of said cargo container has failed to remediate
that condition, then the Zoning Officer shall revoke the permit and
the owner of the cargo container shall thereafter be required to immediately
remove said cargo container from the property within 14 days. Whenever
a cargo container is damaged or destroyed to the extent of 50% or
more, then the use of said cargo container shall immediately be ceased
and said damaged or destroyed cargo container shall be removed by
the owner thereof from the property within 30 days of such occurrence.
E.Â
Portable
storage containers. The use and placement of portable storage containers
within Kingwood Township shall be governed by the following requirements:
[Added 9-7-2010 by Ord. No. 16-14-2010]
(1)Â
Residential zoning districts.
(a)Â
Provided that appropriate permits are obtained, and the conditions as set forth below in Subsection E(1)(b) are met, one portable storage container shall be allowed on a lot located within a residential zoning district for a period not longer than 30 days per year unless approved by the Construction Official or his designee as being incident to an active building permit issued by the Township for the lot in question. Use of a portable storage container that is determined by the Construction Official or his designee as being incident to an active building permit issued by the Township for the lot in question shall not exceed 90 days.
(b)Â
Portable storage containers permitted pursuant to Subsection E(1)(a) above shall be subject to the following restrictions:
[1]Â
No portable storage container shall exceed 20 feet in length,
eight feet in height or 8Â 1/2 feet in width.
[2]Â
The portable storage container shall conform to all setback
requirements.
[3]Â
No flammable, combustible, toxic or hazardous substances or
wastes, as defined by applicable state and federal law, shall be stored
in the portable storage container.
[4]Â
The portable storage container shall have the name, address
and telephone number of the owner prominently displayed.
[5]Â
Portable storage containers shall not be stood on end.
[6]Â
The portable storage container shall not be used for living
quarters for humans or animals or as a workspace and shall not be
fitted or provided with electricity, heat, air conditioning, plumbing
or refrigeration.
[7]Â
The portable storage container may not be placed in a flood
hazard area.
[8]Â
When not in active use, the portable storage container shall
be locked.
[9]Â
The portable storage container shall be secured by tie downs
on each end to prevent it from tipping or blowing over.
[10]Â
Prior to the use and/or delivery of a portable
storage container to a residential lot in the Township, a permit shall
be obtained from the Kingwood Township building official. The applicant
for a permit for a portable storage container shall submit a plot
plan and sketch, or survey, showing the location of all structures
on the property and the proposed location of the temporary storage
container. The application fee for a thirty-day permit shall be $25
and for a ninety-day permit shall be $75.
(2)Â
Agricultural properties.
(a)Â
Provided that appropriate permits are obtained, and the conditions as set forth below in Subsection E(2)(b) are met, one portable storage container shall be allowed on such lot for an unlimited duration and so long as such portable storage container is actively devoted to an agricultural or horticultural use.
(b)Â
Portable storage containers permitted pursuant to Subsection E(2)(a) above shall be subject to the following restrictions:
[1]Â
No portable storage container shall exceed 40 feet in length,
eight feet in height or 8Â 1/2 feet in width.
[2]Â
The portable storage container shall not be placed in the front
yard and shall conform to all setback requirements.
[3]Â
No flammable, combustible, toxic or hazardous substances or
wastes, as defined by applicable state and federal law, shall be stored
in the portable storage container.
[4]Â
The portable storage container shall have the name, address
and telephone number of the owner prominently displayed.
[5]Â
Portable storage containers shall not be stood on end.
[6]Â
The portable storage container shall not be used for living
quarters for humans or animals or as a workspace and shall not be
fitted or provided with electricity, heat, air conditioning, plumbing
or refrigeration.
[7]Â
The portable storage container may not be placed in a flood
hazard area.
[8]Â
The portable storage container shall be a uniform color which
shall be either white or a neutral earth tone.
[9]Â
When not in active use, the portable storage container shall
be locked.
[10]Â
The portable storage container shall be secured
by tie downs on each end to prevent it from tipping or blowing over.
[11]Â
Prior to the use and/or delivery of a portable
storage container to a lot in the Township for agricultural use, a
permit shall be obtained from the Kingwood Township building official.
The applicant for a permit for a portable storage container shall
submit a plot plan and sketch, or survey, showing the location of
all structures on the property and the proposed location of the temporary
storage container. The application fee for an agricultural permit
shall be $75.
[Amended 9-22-1988 by Ord. No. 6-13-88]
A.Â
Site plan review pursuant to Article VII of this chapter is required for all uses and developments in all districts except:
(1)Â
The construction of single-family dwellings on lots
created as a result of minor subdivisions.
(2)Â
Permitted uses in the Floodplain Zone which do not
involve the erection of structures.
(3)Â
Farm structures and uses not involving the erection
of structures or a combination of structures the total area of which
exceeds 5,000 square feet.
[Amended 7-26-1993 by Ord. No. 8-13-93]
B.Â
The exceptions given above do not apply to greenhouse
structures.
[Added 7-26-1993 by Ord. No. 8-13-93]
[Added 2-3-2004 by Ord. No. 12-2-2004; amended 3-4-2008 by Ord. No. 15-7-2008; 7-1-2008 by Ord. No. 15-14-2008; 11-3-2008 by Ord. No.
15-24-2008; 12-2-2008 by Ord. No. 15-26-2008]
A.Â
Purpose.
(1)Â
In Holmdel Builder's Association v. Holmdel Township,
121 N.J. 550 (1990), the New Jersey Supreme Court determined that
mandatory development fees are authorized by the Fair Housing Act
of 1985 (the Act), N.J.S.A. 52:27D-301 et seq., and the State Constitution,
subject to the Council on Affordable Housing's (COAH's) adoption of
rules.
(2)Â
Pursuant to P.L. 2008, c. 46, § 8 (N.J.S.A. 52:27D-329.2)
and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through 40:55D-8.7), COAH was authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Court and have a Court-approved spending plan may retain fees
collected from nonresidential development.
[Amended 12-28-2018 by Ord. No. 19-22-2018]
(3)Â
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to the Court's approval
in accordance with P.L. 2008, c. 46, §§ 8 and 32 through
38. Fees collected pursuant to this section shall be used for the
sole purpose of providing low- and moderate-income housing.
[Amended 12-28-2018 by Ord. No. 19-22-2018]
C.Â
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this
section, shall have the following meanings:
A development included in the Housing Element and Fair Share
Plan and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
development.
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with §§ 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
Those strategies that minimize the impact of development
on the environment and enhance the health, safety and well-being of
residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
D.Â
Residential development fees.
(1)Â
Imposed fees.
(a)Â
Within the Kingwood Township district(s), residential
developers, except for developers of the types of development specifically
exempted below, shall pay a fee of 1.5% of the equalized assessed
value for residential development, provided that no increased density
is permitted.
(b)Â
When an increase in residential density pursuant
to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted,
developers shall be required to pay a development fee of 6% of the
equalized assessed value for each additional unit that may be realized.
However, if the zoning on a site has changed during the two-year period
preceding the filing of such a variance application, the base density
for the purposes of calculating the bonus development fee shall be
the highest density permitted by right during the two-year period
preceding the filing of the variance application. Projects including
affordable housing shall not be required to pay a development fee,
provided that there is no shortfall in the number of affordable units
required in accordance with COAH's residential growth share formula
found at N.J.A.C. 5:97-1 et seq.
|
Example: If an approval allows four units to
be constructed on a site that was zoned for two units, the fees could
equal 1.5% of the equalized assessed value on the first two units
and 6% of the equalized assessed value for the two additional units,
provided that zoning on the site has not changed during the two-year
period preceding the filing of such a variance application.
|
(2)Â
Eligible exactions, ineligible exactions and exemptions
for residential development.
(a)Â
Affordable housing developments and developments
where the developer has made a payment in lieu of on-site construction
of affordable units shall be exempt from development fees.
(b)Â
Developments that have received preliminary
or final site plan approval prior to the adoption of a municipal development
fee ordinance shall be exempt from development fees, unless the developer
seeks a substantial change in the approval. Where a site plan approval
does not apply, a zoning and/or building permit shall be synonymous
with preliminary or final site plan approval for this purpose. The
fee percentage shall be vested on the date that the building permit
is issued.
(c)Â
Development fees shall be imposed and collected
when an existing structure undergoes a change to a more intense use,
is demolished and replaced, or is expanded, if the expansion is not
otherwise exempt from the development fee requirement, and only when
the increase in equalized assessed valuation resulting from the change
is 50% or greater than equalized assessed valuation prior to the change,
replacement, or expansion. The development fee shall be calculated
on the increase in the equalized assessed value of the improved structure.
E.Â
Nonresidential development fees.
(1)Â
Imposed fees.
(a)Â
Within all zoning districts, nonresidential
developers, except for developers of the types of development specifically
exempted, shall pay a fee equal to 2.5% of the equalized assessed
value of the land and improvements for all new nonresidential construction
on an unimproved lot or lots.
(b)Â
Nonresidential developers, except for developers
of the types of development specifically exempted, shall also pay
a fee equal to 2.5% of the increase in equalized assessed value resulting
from any additions to existing structure's to be used for nonresidential
purposes.
(c)Â
Development fees shall be imposed and collected
when an existing structure is demolished and replaced. The development
fee of 2.5% shall be calculated on the difference between the equalized
assessed value of the preexisting land and improvement and the equalized
assessed value of the newly improved structure, i.e., land and improvement,
at the time the final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
(2)Â
Eligible exactions, ineligible exactions and exemptions
for nonresidential development.
(a)Â
The nonresidential portion of a mixed-use inclusionary
or market rate development shall be subject to the development fee
of 2.5%, unless otherwise exempted below.
(b)Â
The fee of 2.5% shall not apply to an increase
in equalized assessed value resulting from alterations, change in
use within existing footprint, reconstruction, renovations and repairs.
(c)Â
Nonresidential developments shall be exempt
from the payment of nonresidential development fees in accordance
with the exemptions required pursuant to P.L. 2008, c. 46, as specified
in the Form N-RDF, "State of New Jersey Nonresidential Development
Certification/Exemption" form. Any exemption claimed by a developer
shall be substantiated by that developer.
(d)Â
A developer of a nonresidential development
exempted from the nonresidential development fee pursuant to P.L.
2008, c. 46, shall be subject to it at such time the basis for the
exemption no longer applies and shall make the payment of the nonresidential
development fee, in that event, within three years after that event
or after the issuance of the final certificate of occupancy of the
nonresidential development, whichever is later.
(e)Â
If a property which was exempted from the collection
of a nonresidential development fee thereafter ceases to be exempt
from property taxation, the owner of the property shall remit the
fees required pursuant to this section within 45 days of the termination
of the property tax exemption. Unpaid nonresidential development fees
under these circumstances may be enforceable by Kingwood Township
as a lien against the real property of the owner.
F.Â
Collection procedures.
(1)Â
Upon the granting of a preliminary, final or other
applicable approval for a development, the applicable approving authority
shall direct its staff to notify the Construction Official responsible
for the issuance of a building permit.
(2)Â
For nonresidential developments only, the developer
shall also be provided with a copy of Form N-RDF, "State of New Jersey
Nonresidential Development Certification/Exemption," to be completed
as per the instructions provided. The developer of a nonresidential
development shall complete Form N-RDF as per the instructions provided.
The Construction Official shall verify the information submitted by
the nonresidential developer as per the instructions provided in the
Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated
and final assessments as per the instructions provided in Form N-RDF.
(3)Â
Fifty percent of the development fee shall be collected
prior to the time of issuance of the building permit. The remaining
portion shall be collected prior to the issuance of the certificate
of occupancy. The developer shall be responsible for paying the difference
between the fee calculated prior to the issuance of the building permit
and that determined prior to the issuance of the certificate of occupancy.
(4)Â
The Construction Official responsible for the issuance of a building permit shall not issue a building permit for development unless 1/2 of the estimated development fee has been paid in accordance with Subsection F(3) above.
(5)Â
Within 21 days of receipt of notification of a request
for a building permit, which shall be provided by the Construction
Official to the Municipal Tax Assessor, the Municipal Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development and the development fee to be paid.
(6)Â
Within 10 business days of a request for the scheduling
of a final inspection, the Municipal Assessor shall confirm or modify
the previously estimated equalized assessed value and development
fee for the improvements of the development; calculate the final development
fee to be paid; and thereafter notify the developer of the amount
of the fee.
(7)Â
Should Kingwood Township fail to determine or notify
the developer of the amount of the development fee within 10 business
days of the request for final inspection, the developer may estimate
the amount due and pay that estimated amount consistent with the dispute
process set forth in Subsection b of § 37 of P.L. 2008,
c. 46 (N.J.S.A. 40:55D-8.6).
(8)Â
In the event that a building permit has issued and
the required 50% of the development fee has not been paid, no construction
inspections shall be provided until such time as the required fee
has been paid.
(9)Â
Appeal of development fees.
(a)Â
A developer may challenge residential development
fees imposed by filing a challenge with the County Board of Taxation.
Pending a review and determination by the Board, collected fees shall
be placed in an interest-bearing escrow account by Kingwood Township.
Appeals from a determination of the Board may be made to the tax court
in accordance with the provisions of the State Uniform Tax Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)Â
A developer may challenge nonresidential development
fees imposed by filing a challenge with the Director of the Division
of Taxation. Pending a review and determination by the Director, which
shall be made within 45 days of receipt of the challenge, collected
fees shall be placed in an interest-bearing escrow account by Kingwood
Township. Appeals from a determination of the Director may be made
to the tax court in accordance with the provisions of the State Uniform
Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after
the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
G.Â
Affordable Housing Trust Fund.
(1)Â
The municipality has established a separate, interest-bearing
housing trust fund that is maintained by the Kingwood Township Chief
Financial Officer for the purpose of depositing development fees collected
from residential and nonresidential developers and proceeds from the
sale of units with extinguished controls.
(2)Â
The following additional funds shall be deposited
in the Affordable Housing Trust Fund and shall at all times be identifiable
by source and amount:
(a)Â
Payments in lieu of on-site construction of
affordable units;
(b)Â
Developer-contributed funds to make 10% of the
adaptable entrances in a townhouse or other multistory attached development
accessible;
(c)Â
Rental income from municipally operated units;
(d)Â
Repayments from affordable housing program loans;
(e)Â
Recapture funds;
(f)Â
Proceeds from the sale of affordable units;
and
(g)Â
Any other funds collected in connection with
Kingwood Township's affordable housing program.
(3)Â
In the event of a failure by the Township of Kingwood to comply with
trust fund monitoring and reporting requirements or to submit accurate
monitoring reports; or a failure to comply with the conditions of
the judgment of compliance or a revocation of the judgment of compliance;
or a failure to implement the approved spending plan and to expend
funds within the applicable required time period as set forth in Re:
Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J.
Super. 563); or the expenditure of funds on activities not approved
by the Court; or for other good cause demonstrating the unapproved
use(s) of funds, the Court may authorize the State of New Jersey,
Department of Community Affairs, Division of Local Government Services
(LGS), to direct the manner in which the funds in the Affordable Housing
Trust Fund shall be expended, provided that all such funds shall,
to the extent practicable, be utilized for affordable housing programs
within the Township of Kingwood or, if not practicable, then within
the County or the Housing Region. Any party may bring a motion before
the Superior Court presenting evidence of such condition(s), and the
Court may, after considering the evidence and providing the municipality
a reasonable opportunity to respond and/or to remedy the non-compliant
condition(s), and upon a finding of continuing and deliberate non-compliance,
determine to authorize LGS to direct the expenditure of funds in the
Trust Fund. The Court may also impose such other remedies as may be
reasonable and appropriate to the circumstances.
[Amended 4-5-2018 by Ord.
No. 19-09-2018]
(4)Â
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by the Court.
[Amended 12-28-2018 by Ord. No. 19-22-2018]
H.Â
Use of funds.
(1)Â
The expenditure of all funds shall conform to a spending plan approved
by the Court. Funds deposited in the Affordable Housing Trust Fund
may be used for any activity approved by the Court to address the
Township of Kingwood's fair share obligation and may be set up as
a grant or revolving loan program. Such activities include, but are
not limited to: preservation or purchase of housing for the purpose
of maintaining or implementing affordability controls; housing rehabilitation;
new construction of affordable housing units and related costs; accessory
apartments; a market-to-affordable program; Regional Housing Partnership
programs; conversion of existing nonresidential buildings to create
new affordable units; green building strategies designed to be cost
saving and in accordance with accepted national or state standards;
purchase of land for affordable housing; improvement of land to be
used for affordable housing; extensions or improvements of roads and
infrastructure to affordable housing sites; financial assistance designed
to increase affordability; administration necessary for implementation
of the Housing Element and Fair Share Plan; and/or any other activity
permitted by the Court and specified in the approved spending plan.
[Amended 4-5-2018 by Ord.
No. 19-09-2018]
(2)Â
Funds shall not be expended to reimburse Kingwood
Township for past housing activities.
(3)Â
At least 30% of all development fees collected and
interest earned shall be used to provide affordability assistance
to low- and moderate-income households in affordable units included
in the Municipal Far Share Plan. One-third of the affordability assistance
portion of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of median income
by region.
(a)Â
Affordability assistance programs may include
down payment assistance, security deposit assistance, low-interest
loans, rental assistance, assistance with homeowners' association
or condominium fees and special assessments, and assistance with emergency
repairs.
(b)Â
Affordability assistance to households earning
30% or less of median income may include buying down the cost of low-
or moderate-income units in the Municipal Fair Share Plan to make
them affordable to households earning 30% or less of median income.
The use of development fees in this manner shall entitle Kingwood
Township to bonus credits pursuant to N.J.A.C. 5:97-3.7.
(c)Â
Payments in lieu of constructing affordable
units on site and funds from the sale of units with extinguished controls
shall be exempt from the affordability assistance requirement.
(4)Â
Kingwood Township may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
(5)Â
No more than 20% of all revenues collected from development
fees may be expended on administration, including, but not limited
to, salaries and benefits for municipal employees or consultant fees
necessary to develop or implement a new construction program, a Housing
Element and Fair Share Plan, and/or an affirmative marketing program.
In the case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or appealing
he Court's rulings are not eligible uses of the Affordable Housing
Trust Fund.
[Amended 12-28-2018 by Ord. No. 19-22-2018]
I.Â
Monitoring. The Township of Kingwood shall provide annual reporting
of Affordable Housing Trust Fund activity to the New Jersey Department
of Community Affairs, Council on Affordable Housing, or Local Government
Services, or other entity designated by the State of New Jersey, with
a copy provided to Fair Share Housing Center and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs, Council on Affordable Housing, or
Local Government Services. The reporting shall include an accounting
of all Affordable Housing Trust Fund activity, including the sources
and amounts of funds collected and the amounts and purposes for which
any funds have been expended. Such reporting shall include an accounting
of development fees collected from residential and nonresidential
developers, payments in lieu of constructing affordable units on site
(if permitted by ordinance or by agreement with the Township), funds
from the sale of units with extinguished controls, barrier-free escrow
funds, rental income from Township-owned affordable housing units,
repayments from affordable housing program loans, and any other funds
collected in connection with Kingwood's affordable housing programs,
as well as an accounting of the expenditures of revenues and implementation
of the spending plan approved by the Court.
[Amended 4-5-2018 by Ord.
No. 19-09-2018]
J.Â
Ongoing collection of fees.
[Amended 4-5-2018 by Ord.
No. 19-09-2018]
(1)Â
The ability for the Township of Kingwood to impose, collect and expend
development fees shall expire with the expiration of the repose period
covered by its judgment of compliance unless the Township of Kingwood
has first filed an adopted Housing Element and Fair Share Plan with
the Court or with a designated state administrative agency, has petitioned
for a judgment of compliance from the Court or for substantive certification
or its equivalent from a state administrative agency authorized to
approve and administer municipal affordable housing compliance and
has received approval of its development fee ordinance from the entity
that will be reviewing and approving the Housing Element and Fair
Share Plan.
(2)Â
If the Township of Kingwood fails to renew its ability to impose
and collect development fees prior to the expiration of its judgment
of compliance, it may be subject to forfeiture of any or all funds
remaining within its Affordable Housing Trust Fund. Any funds so forfeited
shall be deposited into the New Jersey Affordable Housing Trust Fund,
established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A.
52:27D-320).
(3)Â
The Township of Kingwood shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance, nor shall the Township of Kingwood retroactively impose a development fee on such a development unless the Township of Kingwood has fulfilled the requirements for the ongoing collection of fees identified in § 132-13J(1) above. The Township of Kingwood also shall not expend any of its collected development fees after the expiration of its judgment of compliance unless the Township of Kingwood has fulfilled the requirements for the ongoing collection of fees identified in § 132-13J(1) above.
