[Amended 9-22-1988 by Ord. No. 6-13-88; 7-26-1993 by Ord. No. 8-13-93; 4-5-2018 by Ord. No. 19-08-2018; 11-4-2021 by Ord. No. 21-20-2021]
For the purpose of this chapter, the Township
of Kingwood is divided into 10 zoning districts, which shall be known
and designated as:
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AR-2
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Agricultural and Single-Family Residential
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VR-1
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Village Residential
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VR-2
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Village Residential
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VC-1
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Village Commercial
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VC-2
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Village Commercial
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BP
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Business Park
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HC
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Highway Commercial
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PO/R
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Professional Office/Residential
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FP
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Floodplain
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BC
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Byram Colony
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EGVCO
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Eastern Gateway Village Center Overlay
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SCO
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Scenic Corridor Overlay
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Mixed-Use Core AH Overlay
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Commercial and Artisan AH Overlay
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[Amended 9-22-1988 by Ord. No. 6-13-88; 7-26-1993 by Ord. No. 8-13-93; 3-2-2023 by Ord. No. 5-2023]
The boundaries of each of zoning district enumerated in enumerated in § 132-20, except the FP Floodplain District, are hereby established as shown on a map entitled "Zoning Map of the Township of Kingwood," dated July 1993, last amended April 5, 2018, which accompanies this chapter and is hereby made a part of this chapter, and attached hereto as Attachment 5, Zoning Map.[1] The boundaries of the FP Floodplain District shall be those delineated as the "floodplain" following public hearings by the Water Policy and Supply Council in the Division of Water Resources in the Department of Environmental Protection of the State of New Jersey for areas adjacent to those streams for which the Water Policy and Supply Council has done studies. Information concerning these delineations is on file in the offices of the Division of Water Resources of the State of New Jersey and the office of the Township Clerk. For those areas adjacent to streams for which floodways have not been delineated by the Water Policy and Supply Council, the boundaries of the FP Floodplain District must be determined on a case-by-case basis from the water surface profiles which are to be supplied by an applicant in his application for development before either the Planning Board or Zoning Board of Adjustment as set forth in Article VIII of this chapter.
[1]
Editor's Note: The Zoning Map is attached
hereto as Attachment 5, Zoning Map, and is on file in the Township
offices.
A.
The boundary lines of the zoning districts are intended
to follow street center lines, railroad rights-of-way, the center
lines of streams and lot or property lines as they exist at the time
of the enactment of this chapter unless otherwise indicated by dimensions
and zoning district boundary lines on said Zoning Map.
[Amended 7-26-1993 by Ord. No. 8-13-93]
B.
Whenever an uncertainty or ambiguity exists as to
the true location of any boundary line of any zone shown on the map,
the exact location of the zone boundary line shall be decided by the
Zoning Officer, which decision may be appealed to the Zoning Board
of Adjustment.
Where a zoning district boundary line divides
a lot other than by following a stream or street, any use permitted
in either district may be extended not more than 20 feet into the
adjacent district. A use permitted in the zoning district so extended
shall thereafter be a permitted use in the extended area. A zone district
line, however, shall be altered only once by utilizing this section
of the chapter, after which the lot use shall be covered by the regulations
of the zoning district in which it was located after the zoning district
boundary line adjustment.
Where a vacated street is bounded on either
side by a different zoning district, the former center line of the
vacated right-of-way shall be considered the zoning district boundary
line.
[Added 12-28-2018 by Ord. No. 19-23-2018]
A.
Purpose. An Affordable Accessory Apartment Ordinance is hereby enacted
for the purpose of providing additional opportunities for low-income
housing in Kingwood Township.
B.
AFFORDABLE ACCESSORY APARTMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance which
is created to be occupied by a low- or a moderate-income household.
The affordable accessory apartment may be created within an existing
dwelling unit, may be created within an existing structure on the
lot or be an addition to an existing home or accessory building.
C.
All affordable accessory apartment units shall conform to the following
requirements:
(1)
The bulk requirements of the zone in which the affordable accessory
apartment is created shall be met;
(2)
Affordable accessory apartments shall comply with all applicable
statutes and regulations of the State of New Jersey in addition to
all local building codes;
(3)
The affordable accessory apartment shall be rented only to a household
which is a duly qualified low-income household at the time of initial
occupancy of the unit;
(4)
The affordable accessory apartment shall, for a period of at least
10 years from the date of the issuance of a certificate of occupancy,
be rented only to a low-income household;
(5)
Rents of affordable accessory apartments shall be affordable to low-income households as established in accordance with § 83-12.6D(1) after deducting the applicable utility allowance;
(6)
Affordable accessory apartments shall be used to address Kingwood Township's third-round fair share obligation, and affordable accessory apartments shall not be created, rented or occupied except in accordance with the provisions for affordable housing (Chapter 83);
(7)
There shall be a recorded deed restriction applied to the property upon which the affordable accessory apartment is located, running with the land and limiting its subsequent rental or sale within the requirements of Subsection C(3), (4) and (5) above and restricting occupancy of the affordable accessory apartment to low-income households for a period of not less than 10 years from the date of initial occupancy of the affordable accessory apartment by a qualified low-income household;
(8)
Each affordable accessory apartment shall have living/sleeping space,
cooking facilities, a kitchen sink and complete sanitary facilities
for the exclusive use of its occupants. It shall consist of no less
than two rooms, one of which shall be a full bathroom. The affordable
accessory apartment shall contain not less than 550 square feet in
area, not including breezeways, closets, storage areas and unheated
space. If the affordable accessory apartment is created as accessory
to another dwelling unit, at least one of the dwelling units shall
be not less than 850 square feet;
(9)
The affordable accessory apartment shall have a separate door with
direct access to the outdoors;
(10)
The potable water supply and sewage disposal system for the
affordable accessory apartment shall be adequate; and
(11)
The affordable accessory apartment shall be affirmatively marketed
throughout the housing region, and occupancy shall be limited to an
income-qualified low-income household.
D.
In the case of an accessory apartment that has been created illegally or without proper permits which the property owner desires to legitimize as an affordable accessory apartment under this article, all of the requirements of this article and Chapter 83, Housing, Affordable, shall apply, except that no subsidy need be provided by the municipality.
(1)
The conversion of an illegal apartment to an affordable accessory apartment under this section shall conform to Subsection C(3), (4), (5) and (7) above and all other requirements of this article and Chapter 83. After a period of not less than 10 years as a deed-restricted affordable low-income affordable accessory apartment, the apartment may be retained as a market-rate accessory apartment according to the provisions of Ordinance 8-13-93 for temporary accessory apartments.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
E.
Creation of affordable accessory apartments; limitations.
F.
Administration of affordable accessory apartment program. The Township
of Kingwood shall designate its affordable housing administrator to
administer the affordable accessory apartment program.
(1)
The Affordable Housing Administrator shall administer the affordable
accessory apartment program, including advertising, income qualifying
prospective renters, setting rents and annual rental increases, maintaining
a waiting list, distributing the subsidy, securing certificates of
occupancy, qualifying properties, handling application forms, filing
deed restrictions and monitoring reports and affirmatively marketing
the affordable accessory apartments.
(2)
The Affordable Housing Administrator shall only deny an application for an affordable accessory apartment if the project is not in conformance with the requirements of this article and Chapter 83. All denials shall be in writing with the reasons clearly stated.
(3)
Kingwood Township shall provide, except for conversion of illegal accessory apartments, at least $10,000 to subsidize the creation of an affordable accessory apartment that conforms to the requirements of this section and Chapter 83 requirements. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with Kingwood Township insuring that the subsidy shall be used to create the affordable accessory apartment and the apartment shall meet the requirements of this article and the affordable housing regulations set forth in Chapter 83.
G.
Applications. Applicants for the creation of an affordable accessory
apartment shall submit to the Zoning Officer and Affordable Housing
Administrator:
(1)
A sketch of floor plan(s) showing the location, size and relationship
of both the accessory apartment and the primary dwelling within the
building or in another structure;
(2)
Rough elevations showing the modification of any exterior building
facade to which changes are proposed; and
(3)
A site development sketch showing the location of the existing dwelling
and other existing buildings; all property lines; proposed addition,
if any, along with the minimum building setback lines; the required
parking spaces for both dwelling units and any man-made conditions
which might affect construction.
(4)
Evidence of adequate potable water and wastewater disposal for all
uses on the property, including the affordable accessory apartment.
The applicant shall be required to submit evidence that the septic
system has been satisfactorily tested and designed, which may take
the form of an approval from the Hunterdon County Health Department
certifying as to the adequacy of the water supply and sewage disposal
systems for all uses on the property.
(5)
Upon the Zoning Officer's confirmation that the application satisfies all of the provisions of this Subsection G, the Zoning Officer shall issue a permit conditioned on the administrative agent's further review of the application for compliance with all other applicable requirements for affordable accessory apartments, including the filing of the deed restriction and compliance with the affirmative marketing, tenant income qualification and leasing of the unit.
