[Added 9-18-2000 by Ord. No. 11-10-2000[1]]
A.
Purpose.
(1)
The purpose of this section is to establish general
guidelines of the location of wireless communication facilities in
a manner which is compatible with the public interest. The goals of
this section are to:
(a)
Minimize the potential adverse impacts of towers,
monopoles and antennae on residential areas.
(b)
Encourage the location of towers, monopoles
and antennae in nonresidential areas.
(c)
Minimize the proliferation of large numbers
of towers and monopoles throughout the community.
(d)
Strongly encourage the cooperative use of new
and existing tower and monopole sites as a primary option rather than
the construction of additional single-use towers and monopoles.
(e)
Encourage owners and operators of towers, monopoles
and antennae to locate them, to the extent possible, in areas where
the adverse impact on the community is minimal.
(f)
Encourage owners and operators of towers, monopoles
and antennae to configure them in a way that minimizes the adverse
visual impact of the towers and antennae through careful design, siting,
landscape screening and innovative camouflaging techniques.
(g)
Encourage use of Township lands.
(2)
Is intended to foster compliance with the mandate
of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7),
which preserves local government authority to manage, with respect
to cellular and other wireless telecommunications services, to enforce
zoning requirements that protect public safety, public and private
property and community aesthetics. This section expressly recognizes
that the New Jersey Supreme Court, in Smart SMR of New York, Inc.
v. Borough of Fair Lawn Board of Adjustment, 152 N.J. 309 (1998),
has declared that wireless telecommunications facilities are not inherently
beneficial uses and that the facility use must be particularly suited
for the proposed site.
B.
ANTENNA
BACKHAUL NETWORK
CO-LOCATION
FAA
FCC
HEIGHT
PREEXISTING TOWERS and PREEXISTING ANTENNAE
WIRELESS COMMUNICATION TOWER
Definitions. As used in this section, the following
terms shall have the meanings set forth below:
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers or the public switched telephone network.
With respect to wireless telecommunications providers of
cellular communications and personal communication services, the joint
use by two or more providers of the same site and/or tower for their
wireless communications facilities and antennae.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the lowest grade of the base of the tower to the highest
point on the tower or other structure, including the base pad and
any antennae.
Any tower or antennae for which a building permit or other
permit has been properly issued prior to the effective date of this
section, including permitted towers or antennae that have not yet
been constructed, so long as such approval is current and not expired,
and including any tower or antennae that is presently a permitted
use pursuant to the Township Code on property owned, leased or otherwise
controlled by the Township of Kingwood.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennae for telephone,
radio and similar communication purpose, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive-only antennae.
This section shall not govern any wireless communication tower, or
the installation of any antenna, that is under 70 feet in height and
is owned and operated by a federally licensed amateur radio station
operator or is used exclusively for receive-only antennae.
(3)
Preexisting wireless communication towers or antennae. Preexisting wireless communication towers and preexisting antennae shall not be requirements of this section, other than the requirements of Subsection G(1)(a), absent any enlargement or structural modification or the addition of any structures.
[Amended 5-21-2001 by Ord. No. 11-2-2001]
(4)
Satellite dish antennae. This section shall not govern
any parabolic satellite antennae used to provide reception of satellite
transmissions of television programs.
(5)
Wind energy equipment. This section shall not govern
any energy generating equipment driven by wind, including structures,
wireless communication towers and poles.
D.
Multiple uses.
(1)
Principal or accessory use. Antennae and wireless
communication towers may be considered either principal or accessory
uses. Notwithstanding any other Township land development regulation,
a different existing structure on the same lot shall not preclude
the installation of an antennae or wireless communication tower on
such lot.
E.
Lot size. For purposes of determining whether the
installation of a wireless communication tower or antenna complies
with zone development regulations, including but not limited to setback
requirements, lot coverage requirements and other such requirements,
the dimensions of the entire lot shall control, even though the antennae
or wireless communication towers may be located on leased parcels
within such lot.
F.
Nature of service. Wireless communication towers and
antennae shall be regulated and permitted pursuant to this section
and shall not be regulated or permitted as inherently beneficial uses,
essential services, public utilities or private utilities.
G.
Conditional use permits.
(1)
List of conditional uses. Subject to the conditions set forth in Subsection G(2), the following uses may be approved by the Planning Board as conditional uses:
(a)
Antennae on existing wireless communication towers within any zone. An antenna may be attached to an existing wireless communication tower within any zone and, to minimize adverse visual impacts associated with the proliferation and clustering of wireless communication towers, co-location of antennae by more than one carrier on existing wireless communication towers shall take precedence over the construction of new wireless communication towers, provided that such co-location is accomplished in a manner consistent with conditions set out in Subsection G(2) below.
(b)
Antennae on existing nonwireless communication
tower structures. Antennae may be installed on existing buildings
and structures other than wireless communication towers only in the
HC and BP Zones.
(c)
New wireless communication towers. New wireless
communication towers may be constructed to hold antennae only:
[1]
On lands owned by the Township; and
[2]
On lands located in the HC and BP Zones if the applicant demonstrates that there is no Township property and no existing tower or other building or structure upon which the proposed antennae can be located that would correct the gap in telecommunications required to be demonstrated pursuant to Subsection G(2)(a) below.
(d)
The Township and/or the Township Office of Emergency Management
shall be exempt from obtaining a conditional use permit for the placement
of a radio relay system (repeater) for emergency management purposes
on an existing wireless communication tower.
[Added 9-1-2016 by Ord.
No. 18-08-2016]
(2)
Conditions. All proposed conditional uses for new
wireless communication towers or location of additional antennae on
an existing wireless communication tower shall be subject to satisfaction
of the following conditions:
(a)
There is substantial evidence that there is
a significant gap in the telecommunications grid within the Township
which the proposed facility will correct.
(b)
Inventory of existing sites. Each applicant
for an antenna and/or wireless communication tower shall provide to
the approving authority an inventory of its existing wireless communication
towers, antennae or sites approved for wireless communication towers
or antennae that are either within the jurisdiction of the Township
of Kingwood or within 12 miles of any border of the Township thereof,
including specific information about the location, height and design
of each wireless communication tower. The Zoning Officer may share
such information with other applicants applying for administrative
approvals or permits under this section or other organizations seeking
to locate antennae within the jurisdiction of the Township of Kingwood;
provided, however, that the Zoning Officer is not by sharing such
information in any way representing or warranting that such sites
are available or suitable.
(c)
Lighting. Wireless communication towers and
antennae shall not be artificially lit, unless required by the FAA.
It is the intent of the Township that wireless communication towers
shall not exceed FAA height standards that would require lighting.
If lighting is required, the lighting alternatives and design chosen
must cause the least disturbance to the surrounding views, while still
complying with both FAA and FCC standards and regulations.
(d)
State or federal requirements. All wireless
communication towers and antennae must meet or exceed current standards
and regulations of the FAA, the FCC and any other agency of the state
or federal government with the authority to regulate wireless communication
towers and antennae. If such standards and regulations are changed,
then the owners of the wireless communication towers and antennae
governed by this section shall bring such wireless communication towers
and antennae into compliance with such revised standard and regulations
within six months of the effective date of such standards and regulations,
unless a different compliance schedule is mandated by the controlling
state or federal agency. Failure to bring wireless communication towers
and antennae into compliance with such revised standards and regulations
shall constitute grounds for the removal of the wireless communication
tower or antenna at the owner's expense.
(e)
Compliance with radiation emission standards.
The applicant shall demonstrate that the proposed wireless telecommunications
antenna(s) and related structures and equipment comply with all applicable
state and federal regulations of electromagnetic radiation levels.
A plan for the periodic testing of the facility to ensure ongoing
compliance with applicable federal and/or state standards must be
submitted for review and approval of the Planning Board.
(f)
There is no residential use, school use or healthcare
use on the lot on which the proposed facility is located and that
the different use of an existing structure on the same lot does not
preclude the installation of an antenna or tower.
(g)
Abandonment; removal. All wireless communication
towers, antennae and related structures and equipment shall be removed
when same are abandoned or not used for wireless telecommunications
purposes for six consecutive months. Removal shall occur within 90
days thereafter. A copy of the relevant portions of a signed lease
which requires the removal of the wireless communication tower and/or
antenna and related structures and equipment upon cessation of operations
shall be submitted at the time of the application. In the event that
the required removal does not occur, such structures and equipment
may be removed by the Township of Kingwood and the costs of same may
be assessed against the property.
(h)
Aesthetics. Wireless communication towers and
antennae shall meet the following aesthetic requirements:
[1]
To preserve the rural character of the Township,
all new wireless communication towers shall be constructed as a concrete
silo tower unless the applicant demonstrates that the use of a concrete
silo tower would be aesthetically detrimental.
[2]
Wireless communication towers which are not
concrete silo towers shall either maintain a galvanized steel finish
or, subject to any applicable standards of the FAA or the Township,
be painted a neutral color so as to reduce visual obtrusiveness.
[3]
At a wireless communication tower site, the
design of the buildings and related structures shall, to the extent
possible, use materials, colors, textures, screening and landscaping
that will blend them into the natural setting and surrounding buildings
and shall be located out of public view (visible from a public street,
public land and public buildings) behind existing structures, buildings
or terrain features which will shield the buildings and related structure
from view without blocking the transmission signals.
[4]
If an antenna is installed on a structure other
than a wireless communication tower, the antenna and supporting electrical
and mechanical equipment must be of a neutral color that is identical
to, or closely compatible with, the color of the supporting structure
so as to make the antenna and related equipment as visually unobtrusive
as possible.
[5]
The foregoing may include, but shall not necessarily
be limited to, such modifications as special paint treatment, concealment
through architectural means or the use of camoflouage through simulated
foliage so as to appear as a tree.
(i)
The dimensions of the entire lot on which the
facility is located shall be considered for the purpose of determining
whether the installation of a tower or antenna complies with district
development regulations, including but not limited to setback requirements,
lot coverage requirements and other such requirements. The dimensions
of the entire lot shall control, even though the antennae or towers
may be located on leased parcels within such lot.
(j)
Building codes; safety standards. To ensure
the structural integrity of wireless communication towers, the owner
of a wireless communication tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for wireless communication
towers that are published by the Electronic Industries Association,
as amended from time to time. If, upon inspection, the Township of
Kingwood concludes that a wireless communication tower fails to comply
with such codes and standards and constitutes a danger to persons
or property, then, upon notice being provided to the owner of the
wireless communication tower, the owner shall have 30 calendar days
to bring such wireless communication tower into compliance with such
standards. Failure to bring such wireless communication tower into
compliance within said 30 calendar days shall constitute grounds for
the removal of the wireless communication tower or antenna at the
owner's expense. A licensed New Jersey professional engineer must
certify that the wireless communications tower is structurally adequate
to accommodate the number of shared users contemplated by the applicant
and Planning Board.
(k)
Franchises. Owners and/or operators of wireless
communication towers or antennae shall certify that all franchises
required by law for the construction and/or operation of a wireless
communication system in the Township of Kingwood have been obtained
and shall file a copy of all required franchises with the Zoning Officer.
(l)
Design for future co-location. Any proposed
new wireless communication tower and related structures shall be designed,
structurally, electrically and in all respects, to accommodate both
the applicant's antennae and comparable antennae for at least three
additional wireless communications providers by mounting additional
antennae at different heights, unless the applicant demonstrates that
it would not be practicable. Satisfaction of this requirement shall
include a letter of commitment by the applicant, submitted prior to
any approval by the Board, to lease excess space on the facility to
other potential users at reasonable rental rates and on reasonable
terms. Such obligation shall be incorporated as a condition of any
approval and shall be binding on any successors in interest.
(m)
Height.
[1]
The maximum height of new wireless communication
towers shall be 180 feet unless the applicant can demonstrate a substantial
need for a greater height.
[2]
Any antenna which is not attached to a wireless
communication tower may not exceed 10 feet more than the maximum building
height for the zone wherein the structure is located.
(n)
Availability of suitable existing wireless communication
towers, other structures or alternative technology. No new wireless
communication tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Planning Board that no existing
wireless communication tower structure or alternative technology which
does not require the use of wireless communication towers or structures
can accommodate the applicant's proposed antenna. An applicant shall
submit information requested by the approving authority related to
the availability of suitable existing wireless communication towers,
other structures or alternative technology. Evidence submitted to
demonstrate that no existing wireless communication tower structure
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
[1]
No existing wireless communication towers or
structures are located within the geographic area which meet the applicant's
radio frequency engineering requirements.
[2]
Existing wireless communication towers or structures
are not of sufficient height to meet the applicant's radio frequency
engineering requirements.
[3]
Existing wireless communication towers or structures
do not have sufficient structural strength to support applicant's
proposed antenna and related equipment.
[4]
The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing wireless
communication towers or structures, or the antenna on the existing
wireless communication towers or structures would cause interference
with the applicant's proposed antennae.
[5]
The fees, costs or contractual provisions required
by the owner in order to share an existing wireless communication
tower or structure or to adapt an existing wireless communication
tower or structure for sharing are unreasonable. Costs exceeding those
for new co-location wireless communication tower development are presumed
to be unreasonable.
[6]
The applicant demonstrates that there are other
limiting factors that render existing wireless communication towers
and structures unsuitable.
[7]
The applicant demonstrates that an alternative
technology that does not require the use of wireless communication
towers or structures, such as a cable microcell network using multiple
low-powered transmitters/receivers attached to a wireline system,
is unsuitable. Costs of alternative technology that exceed new wireless
communication tower or antenna development shall not be presumed to
render the technology unsuitable.
(o)
Suitability. The applicant must demonstrate
that the proposed wireless communication tower and/or antenna is the
minimum necessary to provide adequate wireless telecommunications
as may be authorized by the Federal Communications Commission. Included
as part of this requirement, the applicant shall demonstrate at a
minimum the following:
[1]
That the technology proposed is the least visually
intrusive or alternative available and suitable technologies;
[2]
That the height of the wireless communication
tower and/or antenna(s) is the minimum necessary;
[3]
That it is not practical in order to provide
adequate wireless telecommunications to co-locate the antenna on other
existing antenna structures, use a less visible location, or use microcells,
providing more numerous antennae at lower heights. In addressing this
criteria, consideration shall not be confined to a alternate locations
within the Township of Kingwood; and
[4]
That the visual impact to the community on the
proposed site is less than would exist at alternative locations serving
the same telecommunications need.
(p)
Signs. No signs shall be allowed on an antenna
or wireless communication tower.
(q)
FCC license. The applicant must submit documentary
proof of its possession of valid and current license from the FCC
for the provision of wireless telecommunications service to the Kingwood
Township area.
(r)
Separation. The following separation requirements
shall apply to all wireless communication towers and antennae:
[1]
Separation from off-site uses/designated areas.
[a]
Wireless communication tower separation
shall be measured from the base of the wireless communication tower
to the lot line of the off-site uses and/or designated areas as specified
in Table 1.
[b]
Separation requirements for wireless
communication towers shall comply with the minimum standards established
in Table 1.
|
TABLE 1
Separation From Off-Site Uses/Designated
Areas
|
|
Off-Site Use/Designated Area
|
Separation Distance
|
|---|---|
|
Base of wireless communication tower
to:
| |
|
Residential, buildings, public parks
and buildings, public or private schools, municipal buildings (unless
the wireless communication tower is located on the site of the municipal
building itself), libraries or houses of worship and any site designated
on the federal, state or municipal historic register
|
500 feet or 300% of the height of the
wireless communication tower, whichever is greater
|
|
Vacant residentially zoned land
|
500 feet or 300% of the height of the
wireless communication tower, whichever is greater
|
|
Nonresidentially zoned lands or nonresidential
uses
|
At least 120% of the height of the
wireless communication tower from any adjoining lot line and all nonappurtenant
buildings
|
[2]
Separation distances between wireless
communication towers. Separation distances between wireless communication
towers shall be applicable for and measured between the proposed wireless
communication tower and preexisting wireless communication towers.
The separation distances shall be measured by drawing or following
a straight line between the base of the existing wireless communication
tower and the proposed base, pursuant to a site plan, of the proposed
wireless communication tower. The separation distances (listed in
linear feet) shall be as shown in Table 2.
|
TABLE 2
| |||
|---|---|---|---|
|
Separation Distances Between
Wireless Communication Towers - Types
| |||
|
Lattice
(linear feet)
|
Monopole 100 feet or Greater
in Height
(linear feet)
|
Monopole Less Than 100 Feet in
Height
(linear feet)
| |
|
Lattice
|
5,000
|
1,500
|
750
|
|
Monopole 100 feet or greater in height
|
1,500
|
1,500
|
750
|
|
Monopole less than 100 feet
|
750
|
750
|
750
|
(s)
Security fencing. Wireless communication towers
shall be enclosed by security fencing not less than eight feet in
height.
(t)
Landscaping. The following requirements shall
govern the landscaping surrounding wireless communication towers for
which a conditional use permit is required:
[1]
Wireless communication tower facilities shall
be landscaped with a buffer of plant materials that effectively screens
the view of the wireless communication tower compound from property
used for residences or planned residences. The standard buffer shall
consist of a landscaped strip at least 10 feet wide outside the perimeter
of the compound.
[2]
In locations where the visual impact of the
wireless communication tower would be minimal, the landscaping requirement
may be reduced.
[3]
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as wireless communication towers sited on large,
wooded lots, natural growth around the property perimeter may be sufficient
buffer.
(u)
Lot size. The minimum lot size for any new wireless
communication tower shall be as required by the zone district in which
located.
(v)
Equipment. Any equipment that is necessary in
connection with a wireless communication tower or antennae shall be
housed in a building, cabinet or locker. If a new building or other
structure is proposed to house such equipment, it shall be subject
to all applicable setback and other zoning regulations.
[1]
Antennae mounted on structures or rooftops.
The equipment cabinet or structure used in association with antennae
shall comply with the following:
[a]
The cabinet or structure shall
not contain more than 200 square feet of gross floor area or be more
than 10 feet in height. In addition, for buildings and structures
which are less than 48 feet in height, the related unmanned equipment
structure shall be located on the ground and shall not be located
on the roof of the structure.
[b]
If the equipment structure is located
on the roof of a building, the area of the equipment structure and
other equipment and structures shall not occupy more than 10% of the
roof area.
[c]
Equipment storage buildings or
cabinets shall comply with all applicable building codes.
[2]
For antennae located on wireless communication
towers, the related unmanned equipment structure shall not contain
more than 200 square feet of gross floor area or be more than 10 feet
in height and shall be located in accordance with the minimum accessory
structure requirements of the zoning district in which located.
[3]
Structures or cabinets shall be screened from
view of all properties which abut or are directly across the street
from the structure or cabinet by a security fence eight feet in height
or an evergreen hedge with an ultimate height of eight feet and a
planted height of at least six feet.
(w)
Existing wireless communication towers; rebuilding
damaged or destroyed nonconforming wireless communication towers or
antennae. Nonconforming wireless communication towers or antennae
that are damaged or destroyed may not be rebuilt without having to
first obtain approval from the Planning Board as a conditional use.
The type, height and location of the wireless communication tower
on site shall be of the same type and intensity as the original facility
approval. Building permits to rebuild the facility shall comply with
the then-applicable building codes and shall be obtained within 180
days from the date the facility is damaged or destroyed. If no permit
is obtained or if said permit expires, the wireless communication
tower or antenna shall be deemed abandoned.
(3)
Application requirements.
(a)
In addition to any information required for
applications for conditional use permits pursuant to applicable Township
Code provisions and state law, applicants for a conditional use permit
for a wireless communication tower or antennae shall submit the following
information to the approving authority:
[1]
A scaled site plan clearly indicating the location,
type and height of the proposed wireless communication tower or antennae,
on-site land uses and zoning, adjacent land uses and zoning (including
when adjacent to other municipalities), Master Plan classification
of the site and all properties within 200 feet of the subject property,
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed wireless communication tower
and any other structures, topography, parking and other information
deemed by the approving authority to be necessary to assess compliance
with this section.
[2]
A legal description of the entire tract and
leased parcel (if applicable).
[3]
The setback distance between the proposed wireless
communication tower or antennae and the nearest residential unit,
platted residentially zoned properties and unplatted residentially
zoned properties.
[4]
The separation distance from other wireless communication towers and antennae described in the inventory of existing sites submitted pursuant to Subsection G(2)(a) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing wireless communication tower(s) and the owner/operator of the existing wireless communication tower(s), if known.
[5]
A landscape plan showing specific landscape
materials, including species type, size, spacing and existing vegetation
to be removed or retained.
[6]
Method of fencing and finished color and, if
applicable, the method of camouflage.
[8]
A notarized statement by the applicant as to
whether construction of the wireless communication tower will accommodate
co-location of additional antennae for future uses.
[9]
Identification of the entities providing the
backhaul network for the wireless communication tower(s) described
in the application and other cellular sites owned or operated by the
applicant in the Township.
[10]
A description of the suitability
of the use of existing wireless communication towers, other structures
or alternative technology not requiring the use of wireless communication
towers or structures to provide the services to be provided through
the use of the proposed new wireless communication tower.
[11]
A description of the feasible
locations of future wireless communication towers or antennae for
the applicant within the Township of Kingwood, based upon existing
physical, engineering, technological or geographical limitations in
the event that the proposed wireless communication tower is erected.
[12]
A visual study depicting where,
within a one-mile radius, any portion of the proposed wireless communication
tower could be seen.
[13]
A letter of commitment to lease
excess space to other potential users at prevailing market rates and
conditions. The letter of commitment shall be in form suitable for
recording with the Hunterdon County Clerk prior to the issuance of
any permit and shall commit the wireless communication tower owner(s),
property owner(s) and their successors in interest.
[14]
Documentary evidence regarding
the need for the wireless communication tower, which information shall
identify the existing wireless network layout and existing coverage
areas to demonstrate the need for the new wireless communication tower
at a particular location within the Township. The evidence shall include
a radio frequency engineering analysis of the search area for the
wireless communication tower.
[15]
The photographic results of a
balloon test, photo simulation or other photographic evidence demonstrating
the expected visual impact of the wireless communication tower and/or
antennae.
(b)
An applicant for a conditional use permit shall
submit the information described in this subsection and a nonrefundable
application fee and an escrow deposit as follows:
|
Application Charge
|
Escrow Account
| ||
|---|---|---|---|
|
If no new wireless communication tower
is proposed
|
$1,000
|
plus
|
$2,000
|
|
If a new wireless communication tower
is proposed
|
$5,000
|
plus
|
$5,000
|
[1]
Editor's Note: This ordinance originally designated these provisions as § 132-33, but they were codified with the consent of the Township, as § 132-49 in order to maintain the organizational intent of the ordinance. Ordinance No. 11-2-2001, adopted 5-21-2001, formally numbered these provisions as § 132-49.
[Amended 4-10-1981 by Ord. No. 4-4-81]
A.
Accessory buildings as a part of principal buildings.
Any accessory building attached to a principal building shall be considered
part of the principal building, and the total structure shall adhere
to the yard requirements for the principal building regardless of
the technique of connecting the principal and accessory buildings.
B.
Accessory buildings not to be constructed prior to
principal building. No building permit shall be issued for the construction
of an accessory building prior to the issuance of a building permit
for the construction of the main building upon the same premises.
If construction of the main building does not precede or coincide
with the construction of the accessory building, the Construction
Code Official shall revoke the building permit for the accessory building
until construction of the main building has proceeded substantially
toward completion.
C.
Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in Article III, except that no poultry or livestock shelter shall be erected nearer than 100 feet to any dwelling on the same lot which is occupied by other than the owner-operator of the farming operation or by farm workers.
D.
Small wind energy systems.
[Added 5-15-1981 by Ord. No. 4-8-81;
amended 6-21-1982 by Ord. No. 4-4-82; 8-4-2011 by Ord. No. 16-20-2011; 3-1-2012 by Ord. No. 17-02-2012]
(1)
Minimum
lot size: 20 acres.
(2)
The maximum height shall be 180 feet, including any portion of the
rotor when in operation.
(3)
The minimum setback of the small wind energy system from any property
line shall be 100 feet or 150% of the system height, whichever is
greater, provided that the small wind energy system shall cast no
shadow on adjacent property, which shall be demonstrated to the satisfaction
of the reviewing / approving Board or Township official issuing a
permit for the proposed small wind energy system. The demonstration
that the small wind turbine shall cast no shadow on adjoining properties
shall be calculated on the shortest day of the year, when the sun's
daily maximum position in the sky is the lowest of the year.
(4)
The wind generator and the tower may be located in side and rear yard areas only. Associated control or conversion electronics, wiring and utility poles that are necessary for connection and power consumption on the property shall be set back from all property lines as prescribed in § 132-50F below.
(5)
The wind generator and the tower shall remain painted or finished
in the color or finish that was originally applied by the manufacturer,
unless a different color or finish is approved by the approving authority.
(6)
The small wind generator and tower shall be enclosed within a fenced
compound or suitable security barrier to restrict access to all exterior
ground-mounted equipment and components of the small wind energy system.
Such fence or security barrier shall be of sufficient height to comply
with electrical and building code requirements, but in no case shall
it be less than six feet in height. The fence or security barrier
shall be visually screened from off-site view with evergreen trees,
which shall be planted in double rows, staggered 15 feet on center,
adjacent to the fence or security barrier.
(7)
The small wind generator tower shall be fitted with anticlimbing
devices or suitable barriers to prevent climbing on the tower.
(8)
The small wind generation tower shall comply with § 132-54, Performance standards for all uses, Subsection E. Acceptable noise levels shall be calculated through the use of computer modeling to demonstrate that sound pressure levels comply with noise limits set forth in § 132-54E. Noise level modeling shall be subject to approval by the Township Engineer.
(9)
There shall be no signs visible from any public road or neighboring
property posted on a small wind generator system or any associated
building, except for the manufacturer's or installer's identification,
appropriate warning sign, or owner identification.
(10)
Abandonment.
(a)
A small wind energy system that is out of service for a continuous
twelve-month period will be deemed to be abandoned. The Zoning Officer
shall issue a notice of abandonment to the owner of a small wind energy
system that is deemed to be abandoned. The notice shall be sent return
receipt requested.
(b)
The property owner shall have 30 days to respond to the notice
of abandonment from the receipt date of the notice.
(c)
If the property owner provides information that demonstrates
the small wind energy system has not been abandoned, the Zoning Officer
shall withdraw the notice of abandonment and notify the property owner
that the notice has been withdrawn.
(d)
If the Zoning Officer determines the small wind energy system
has been abandoned, the property owner shall remove the facility in
its entirety at the owner's sole expense within three months after
the owner receives the notice of abandonment.
(11)
The small wind energy system shall not cause flickering shadows
on adjoining properties.
(12)
The small wind energy system shall not be visible from any portion
of the Delaware River and its tributaries included in the National
Wild and Scenic Rivers System.
(13)
The small wind energy system shall comply with all applicable
building and electrical codes.
E.
Height and area of accessory buildings and structures. The height and area of accessory buildings shall be as prescribed in Article II.
[Amended 8-4-2011 by Ord. No. 16-20-2011; 3-1-2012 by Ord. No. 17-02-2012]
F.
Locations. An accessory building may be erected in side and rear yard areas only at no less distance from the front lot line than the principal structure and shall be set back from side and rear lot lines as prescribed in Article III and the Schedule of Lot and Building Requirements located at the end of this chapter, except that:
[Amended 7-26-1993 by Ord. No. 8-13-93; 3-18-2002 by Ord. No. 11-5-2002; 8-4-2011 by Ord. No.
16-20-2011; 3-1-2012 by Ord. No. 17-02-2012; 4-5-2018 by Ord. No. 19-03-2018]
(1)
Accessory buildings, whose primary purpose is the storage of garden
tools, mowers and other ancillary residential items and are less than
200 square feet in area, may be located within 15 feet of any side
or rear lot line on lots of three acres or less.
(2)
If erected on a corner lot, the accessory building shall be set back
from the side street to comply with the setback line applying to the
principal building for that side street.
(3)
No poultry or livestock shelter shall be erected nearer than 100
feet to any lot line.
All lots upon which the natural contour of the
ground is disturbed during development shall be landscaped prior to
the issuance of a certificate of occupancy. Unless otherwise required
by this chapter, the landscaping may consist of the placement of sod
or the seeding of grass seed. All lots on which fill is to be placed
shall be filled with clean fill and covered with topsoil to allow
the development of ground cover. All soil disturbance activities shall
comply with the Soil Erosion Control Ordinance of the Township of
Kingwood[1] and final grades and contours shall ensure that surface
drainage of the lot does not create an adverse impact upon adjacent
properties, including water stagnation or increase of runoff. In addition,
final contours shall ensure that surface drainage complies with sound
planning for public storm sewers, drainage rights-of-way and natural
drainage rights-of-way. All site plans and major subdivisions shall
incorporate on-site stormwater facilities that will encourage the
recharging of underground aquifers and/or ensure that stormwater leaves
the site at an acceptable rate.
All parking areas and walkways thereto and appurtenant
passageways and driveways serving commercial, public, office, industrial,
apartment or other similar uses having common off-street parking and/or
loading areas and building complexes requiring area lighting shall
provide facilities for adequate illumination while the facility being
served is in use from 1/2 hour after sunset to 1/2 hour before sunrise.
The lighting plan in and around the parking areas shall provide for
nonglare, color-corrected lights focused downward. The light intensity
provided at ground level shall be a minimum of 0.3 footcandle anywhere
in the area to be illuminated, shall average a minimum of 0.5 footcandle
over the entire area and shall be provided by fixtures with a mounting
height not more than 25 feet or the height of the building, whichever
is less, measured from the ground level to the center line of the
light source spaced a distance not to exceed five times the mounting
height. Any other outdoor lighting, such as building and sidewalk
illumination, driveways with no adjacent parking and ornamental lighting,
shall be shown on the lighting plan in sufficient detail to allow
determination of the effects to adjacent properties, traffic safety
and overhead sky glow. The objective of these specifications is to
minimize undesirable off-premises effects. No light shall shine directly
into windows or onto streets and driveways in such manner as to interfere
with or distract driver vision. To achieve these requirements, the
intensity of such light sources, the light shielding and similar characteristics
shall be subject to site plan approval by the Planning Board.
A.
Landscaping.
(1)
Except for detached dwelling units, a screen planting
of dense evergreen material not less than four feet in height shall
be provided between the off-street parking areas and any lot line
or street line, except where a building intervenes or where the distance
between such area and the lot line or street line is greater than
150 feet.
(2)
All loading areas shall be landscaped and screened
sufficiently to obscure the view of the parked vehicles and loading
platforms from any public street, adjacent residential districts or
uses and the front yards of adjacent commercial and industrial uses.
Such screening shall be by a fence, wall, planting or combination
of the three and shall not be less than four feet nor more than six
feet in height.
(3)
Each off-street parking area shall have a minimum
of one parking space per every 30 parking spaces landscaped, with
1/2 of said spaces having shrubs no higher than three feet and the
other half having trees with branches no lower than seven feet. Such
spaces shall be distributed throughout the parking area in order to
break the view of long rows of parked cars in a manner not impairing
visibility.
B.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with § 132-52. All parking facilities providing five or more parking spaces shall be lighted.
C.
Surfacing and curbing.
(1)
Off-street parking lots and loading areas, together
with their access aisles, driveways and fire lanes shall not occupy
more than 30% of the lot area, except for detached single-family dwellings.
All parking and loading areas and access drives shall be paved as
outlined below, or the equivalent, as determined by the Township Engineer
and approved as part of the site plan approval. All parking areas,
regardless of size and location, shall be suitably drained and maintained.
(a)
Areas of ingress or egress, loading and unloading
areas, major interior driveways or access aisles and other areas likely
to experience similar heavy traffic shall be paved with not less than
four inches of compacted base course of plant-mixed bituminous stabilized
base course constructed in layers not more than two inches compacted
thickness and prepared and constructed in accordance with Division
3, Section 2A, of the New Jersey State Highway Department Standard
Specifications for Road and Bridge Construction (1961) and amendments
thereto. A minimum two-inch thick compacted wearing surface of bituminous
concrete (FABC) shall be constructed thereon in accordance with Division
3, Section 10, of the aforesaid New Jersey State Highway Department
Specifications and amendments thereto.
(b)
Parking stall areas and other areas likely to
experience similar light traffic shall be paved with not less than
three inches of compacted base course of plant-mixed bituminous stabilized
base course, prepared and constructed in accordance with Division
3, Section 2A, of the New Jersey State Highway Department Standard
Specifications for Road and Bridge Construction (1961) and amendments
thereto. A one-and-one-half-inch compacted wearing surface of bituminous
concrete (FABC) shall be constructed thereon in accordance with Division
3, Section 10, of the aforesaid New Jersey State Highway Department
Specifications and amendments thereto.
(c)
Where subbase conditions of proposed parking
and loading areas are wet, springy or of such a nature that surfacing
would be inadvisable without first treating the subbase, the treatment
of the subbase shall be made in the following manner: The area shall
be excavated to a depth of six to 12 inches below the proposed finished
grade and filled with suitable subbase material as determined by the
Township Engineer. Where required by the Township Engineer, a system
of porous concrete pipe subsurface drains shall be constructed beneath
the surface of the parking area and connected to a suitable drain.
After the subbase material has been properly placed and compacted,
the parking area surfacing material as described heretofore shall
be spread thereon.
(d)
Where parking is required for a use other than
a single-family house in the VR or AR-2 Districts or where the required
parking spaces are less than five for any use in any district, the
Planning Board may, where there is evidence that the use of bituminous
material will be incompatible with the rural or residential surroundings
or will create water runoff problems, permit the use of other materials.
(2)
All off-street parking, off-street loading and service
areas shall be separated from walkways, sidewalks, streets or alleys
by curbing or other protective device. Curbing or other protective
devices may be required for other off-street parking and loading areas
where it is necessary to control entrances and exits, for drainage
control and to ensure the protection of landscaped areas and buffer
zones. All curbing shall be Belgium-block or concrete.
(3)
All off-street parking lots shall have adequate designation
to indicate traffic flow and parking spaces.
D.
Access. Access points from any one lot crossing the
street line shall be limited to a maximum of two along the frontage
of any single street. The center lines of any separate access points
shall be spaced at least 65 feet apart, shall handle no more than
two lanes of traffic, shall be at least 35 feet from any property
line and shall be set back from the street line of any intersecting
street at least 50 feet or 1/2 of the lot frontage, whichever is greater,
except that in no case need the setback distance exceed 200 feet.
Continuous open driveways in excess of 16 feet at the street line
shall be prohibited. Driveways of more than 16 feet may be permitted
with the approval of the Planning Board, giving due consideration
to the proposed width, curbing, direction of traffic flow, radii of
curves and method of dividing traffic lanes. Curbing shall be depressed
at the driveway, or the curbing may be rounded at the corners and
the driveways connected with the street in the same manner as another
street.
E.
Location of parking and loading. Required off-street
parking and loading spaces shall be located on the same lot or premises
as the use served regardless of the number of spaces required by this
chapter. No parking of vehicles shall be permitted in fire lanes,
streets, driveways, aisles, sidewalks or turning areas.
F.
Type of facility. Parking spaces may be on, above
or below the surface of the ground. When parking spaces are provided
within a garage or other structure, said structure shall adhere to
the proper accessory or principal building setbacks, as applicable.
The provision of parking spaces shall also include adequate driveway
and necessary turning areas for handling the vehicles for which provision
is made. Parking areas shall be designed to permit each motor vehicle
to proceed to and from the parking space provided for it without requiring
the moving of any other motor vehicle. Aisles providing access to
parking spaces shall have the following minimum dimensions. Where
the angle of parking is different on both sides of the aisle, the
larger aisle width shall prevail.
|
Angle of Parking Space
(degrees)
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
|
|---|---|---|
|
90
|
22
|
25
|
|
60
|
18
|
20
|
|
45
|
15
|
20
|
|
30
|
12
|
18
|
|
parallel
|
12
|
18
|
G.
Required parking spaces.
[Added 7-26-1993 by Ord. No. 8-13-93]
(1)
Where there are a mixture of uses on site, the total
parking requirement shall be the sum of the requirements for each
component use based on the gross floor area or other measurements
for each use. In the event that the total parking resulting from this
combination of uses is less than would be required if the development
consisted of the use(s) with the most parking requirements, either
the applicant shall indicate reserved area(s) for additional parking
meeting the requirements of this chapter for the use(s) with the greatest
parking requirements or a notice shall be included on the plat in
the approving resolution and in the deed stating "No change in use
shall be permitted without a review and approval of the site plan
to determine whether adequate parking exists on site; and, if adequate
parking cannot be provided, the change in use will not be permitted."
(2)
Where an applicant can demonstrate through expert
testimony and to the satisfaction of the approving authority that
the Township's parking and loading requirements are excessive, the
approving authority may approve a plan showing less parking and/or
loading area to be paved, provided that a landscaped area sufficient
to meet the deficiency shall be set aside on the plan and reserved
for future parking and/or loading in the event that the use changes
or the approved use needs more parking or loading than approved, and
provided, further, that this reserved area shall be graded compatibly
with the storm sewer system for both its landscaped and possible paved
condition.
H.
Parking space size. Parking spaces shall measure at least 10 feet in width. All spaces shall be at least 20 feet in length, except that where the perimeter parking spaces overhang the curbline or where they may overhang interior islands, the parking spaces may be reduced to 18 feet in length, provided that the overhanging vehicles do not interfere with sidewalks, trees, plant material or other facilities in the overhang area. Aisle widths shall be in accordance with § 132-53F.
[Added 7-26-1993 by Ord. No. 8-13-93]
I.
Minimum off-street loading.
[Added 7-26-1993 by Ord. No. 8-13-93]
(1)
Each nonresidential use shall provide at least one
space per use unless the applicant can demonstrate to the satisfaction
of the reviewing board that such space is unnecessary. A second space
shall be required when the gross floor area of the building reaches
40,000 square feet in offices and 20,000 square feet for other permitted
uses, except that one space shall be properly dimensioned at each
loading platform or service entrance designed into the building, regardless
of the number.
(2)
Each space shall measure at least 12 feet in width
and be 60 feet in length to accommodate a tractor trailer, unless
the Planning Board approves a plan where one or more spaces might
be designed for step vans or other delivery vehicles smaller than
tractor trailers, in which case the spaces shall be dimensioned at
12 feet in width and 40 feet in length. In that event, the applicant
shall provide expert testimony as to the size of vehicles to be used,
but in any event loading spaces accessing supermarkets, retail uses
and other large stores with major storage areas shall be sized for
tractor trailers. In addition, the access aisle for loading spaces
shall be sized to provide adequate maneuvering area for tractor trailers
and other vehicles without requiring another vehicle to be moved.
This aisle for perpendicular parking of tractor trailers shall be
at least another 65 feet in addition to the length of the loading
space. Perpendicular parking of other trucks shall have an aisle at
least 50 feet wide whereas vehicles not exceeding 20 feet in length
shall have aisles at least 25 feet wide.
[Amended 7-26-1993 by Ord. No. 8-13-93]
An application for a permit shall provide documentation
that the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a building permit may be issued with the condition that
no certificate of occupancy will be issued until such time as this
documentation is submitted with respect to the particular occupant.
A new application and a new certificate of occupancy shall be required
in the event of a change of any user or any structure. In the event
that any use fails to meet the performance standards after the certificate
of occupancy is issued, the Zoning Officer may, after proper notice,
revoke the certificate, and the use shall terminate.
A.
Buffers. Buffer areas are required along lot and street
lines of all nonresidential lots where said property lines or the
center line of adjacent streets abut residential uses or residential
zoning district lines. Each permitted use shall provide and maintain
attractively landscaped grounds and suitable screening in order to
safeguard the character of adjacent nonresidential districts. Unless
otherwise indicated in this chapter, the width of the buffer area
shall be a minimum of 25 feet in the VC-1 and PO/R Districts and 50
feet in all other nonresidential districts.
(1)
Buffer areas shall be measured horizontally and be
either perpendicular to straight lot and street lines or radial to
curved lot and street lines. Buffer areas shall be maintained and
kept clear of all debris, rubbish, weeds and tall grass. No structure,
activity, storage of materials or parking of vehicles shall be permitted
in the buffer area, and all buffer areas shall be planted and maintained
with grass or ground cover, together with a dense screen of trees,
shrubs or other plant materials meeting the following requirements:
(2)
Buffer areas shall be graded and planted to visually
screen commercial operations from adjoining residential property by
dense plantings of conifers, deciduous trees and shrubbery consisting
of a minimum of two rows of plant material, staggered and grouped
to meet the intended purposes. Conifers shall be planted no more than
15 feet apart and be at least six feet tall when planted. Deciduous
trees shall be spaced no more than 40 feet apart and be equally divided
among trees either eight feet or 12 feet tall when planted. Shrubbery
shall be at least two feet tall when planted and be spaced and mixed
among the conifers and deciduous trees to fill visual voids, add color
variety, alter the texture of material or for other aesthetic purposes.
If appropriate, an additional row of plant material may be required,
bringing the total to three rows. Berming may also be required within
these planting areas if found appropriate by the Planning Board. The
density of the buffer provided shall be such that all glare of automobile
headlights emitted from the premises is obscured throughout the full
course of the year. The plant materials shall be of nursery stock
and shall be free of insects and disease.
(3)
Buffer areas shall be permanently maintained, and
plant material which does not live shall be replaced within one year
or one growing season.
(4)
The screen planting shall be so placed that at maturity
the plant material will be no closer than three feet from any street
or property line.
(5)
The buffer areas shall not be broken unless specifically
approved by the Planning Board.
B.
Electricity. Electric or electronic equipment shall
be shielded so there is no interference with any radio or television
reception at the lot line as the result of the operation of such equipment.
C.
No use shall produce a strong dazzling light or a
reflection of a strong dazzling light or glare beyond its lot lines.
There shall be no glare exceeding 0.03 footcandle measured at the
property line of the lot occupied by such use, except that this shall
not apply to lights used at entrance or exits of service drives leading
to a parking lot. Exterior lighting shall be shielded, buffered and
directed so that glare, direct light or reflection will not become
a nuisance to adjoining properties, adjoining dwelling units, adjoining
districts or streets.
D.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which would cause
the temperature to rise or fall in any part of any streams or other
watercourses.
E.
Noise.
[Amended 3-1-2012 by Ord.
No. 17-03-2012]
(1)
Declaration of findings and policy.
(a)
Whereas excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life; and whereas a substantial
body of science and technology exists by which excessive sound may
be substantially abated; and whereas the people have a right to, and
should be ensured of, an environment free from excessive sound, now,
therefore, it is the policy of Kingwood Township to prevent excessive
sound that may jeopardize the health, welfare, or safety of the citizens
or degrade the quality of life.
(2)
CONSTRUCTION
dB(C)
DEMOLITION
DEPARTMENT
EMERGENCY WORK
IMPULSIVE SOUND
MINOR VIOLATION
MOTOR VEHICLE
MUFFLER
MULTI-DWELLING-UNIT BUILDING
MULTI-USE PROPERTY
(a)
(b)
NOISE CONTROL INVESTIGATOR (NCI)
NOISE CONTROL OFFICER (NCO)
PLAINLY AUDIBLE
PRIVATE RIGHT-OF-WAY
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY LINE
SOUND PRODUCTION DEVICE
SOUND REDUCTION DEVICE
WEEKDAY
WEEKEND
Definitions. The following words and terms, when used in this Subsection E, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this Subsection E have the same meaning as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
The sound level as measured using the "C" weighting network
with a sound level meter meeting the standards set forth in ANSI S1.4-1983
or its successors. The unit of reporting is dB(C). The "C" weighting
network is more sensitive to low frequencies than is the "A" weighting
network.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary at the site of an emergency,
including a residential site, to restore or deliver essential services,
including, but not limited to, repairing water, gas, electricity,
telephone or sewer facilities, or public transportation facilities,
removing fallen trees on public rights-of-way, dredging navigational
waterways, or abating life-threatening conditions or a state of emergency
declared by a governing agency.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
A violation that is not the result of the purposeful, reckless
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has not been the
subject of an enforcement action by any authorized local, county or
state enforcement agency against the violator within the immediately
preceding 12 months for the same or substantially similar violation.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound-dissipative device or system
for abating the sound on engines or equipment where such device is
part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building that is both commercial property (usually on the
ground floor) and residential property, located above, below or otherwise
adjacent thereto.
An employee of a municipality, county or regional health
commission that has a Department-approved model noise control ordinance
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, he/she is knowledgeable
about the model noise ordinance and enforcement procedures. A Noise
Control Investigator may only enforce sections of the ordinance that
do not require the use of a sound level meter. The employee must be
acting within his or her designated jurisdiction and must be authorized
to issue a summons.
An employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities
or an employee of a municipality with a Department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 and be currently certified
in noise enforcement. The employee must be acting within his or her
designated jurisdiction and must be authorized to issue a summons.
Any sound that can be detected by an NCO or an NCI using
his or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCO or NCI need not determine the title, specific words,
or the artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
Either the vertical boundary that separates one parcel of
property (i.e., lot and block) from another residential or commercial
property; the vertical and horizontal boundaries of a dwelling unit
that is part of a multi-dwelling-unit building; or, on a multi-use
property as defined herein, the vertical or horizontal boundaries
between the two portions of the property on which different categories
of activity are being performed (e.g., if the multi-use property is
a building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). [Note: This definition
shall not apply to a commercial source and a commercial receptor which
are both located on the same parcel of property (e.g., a strip mall).]
Any device whose primary function is the production of sound,
including but not limited to any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
Any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener provided by the manufacturer with the equipment,
or that is otherwise required, that mitigates the sound emissions
of the equipment.
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
(3)
Applicability.
(c)
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.4, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
(4)
Exemptions:
(b)
Sound production devices required or sanctioned under the Americans
with Disabilities Act (ADA), FEMA or other government agencies to
the extent that they comply with the noise requirement of the enabling
legislation or regulation. Devices which are exempted under N.J.A.C.
7:29-1.5 shall continue to be exempted.
(5)
Enforcement Officers.
(a)
Noise Control Officers shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this Subsection E and pursue enforcement activities.
(b)
Noise Control Investigators shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this Subsection E that do not require the use of a sound level meter (i.e., plainly audible, times of day and/or distance determinations) and pursue enforcement activities.
(c)
Noise Control Officers and Investigators may cooperate with
NCOs and NCIs of an adjacent municipality in enforcing one another's
municipal noise ordinances.
(6)
Measurement protocols.
(a)
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in Subsection E(6)(b) and with the definition of "real property line" as contained herein.
(b)
When conducting indoor sound level measurements across a real
property line, the measurements shall be taken at least three feet
from any wall, floor or ceiling and all exterior doors and windows
may, at the discretion of the investigator, be closed. The neighborhood
residual sound level shall be measured in accordance with N.J.A.C.
7:29-2.9(b)2. When measuring total sound level, the configuration
of the windows and doors shall be the same and all sound sources within
the dwelling unit must be shut off (e.g., television, stereo). Measurements
shall not be taken in areas which receive only casual use, such as
hallways, closets and bathrooms.
(7)
Maximum permissible sound levels.
(a)
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection E(3)(a) above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Table I, II or III when measured at or within the real property line of any of the receiving properties listed in Table I, II or III, except as specified in Subsection E(6)(b).
(b)
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive
sound shall not equal or exceed 80 decibels. Between 10:00 p.m. and
7:00 a.m., impulsive sound which occurs less than four times in any
hour shall not equal or exceed 80 decibels. Impulsive sound which
repeats four or more times in any hour shall be measured as continuous
sound and shall meet the requirements as shown in Tables I and II.
|
Table I
Maximum Permissible A-Weighted Sound Levels When Measured
Outdoors
| |||
|---|---|---|---|
|
Receiving
Property
Category
|
Residential property or residential portion of multi-use
property
|
Commercial facility, public service facility, nonresidential
portion of multi-use property, or community service facility
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
|
Maximum A-weighted sound level standard, dB
|
65
|
50
|
65
|
|
Table II
Maximum Permissible A-Weighted Sound Levels
When Measured Indoors
| |||
|---|---|---|---|
|
Receiving
Property
Category
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility or nonresidential portion of a multi-use
property
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
|
Maximum A-weighted sound
level standard, dB
|
55
|
40
|
55
|
|
Note: Table II shall only apply when the source
and the receptor are separated by a real property line and they also
share a common or abutting wall, floor or ceiling, or are on the same
parcel of property.
|
|
Table III
Maximum Permissible Octave Band
Sound Pressure Levels in Decibels
| ||||||
|---|---|---|---|---|---|---|
|
Receiving
Property
Category
|
Residential property or residential portion of multi-use
property
|
Commercial facility, public service facility, nonresidential
portion of multi-use property, or community service facility
|
Commercial facility or nonresidential portion of multi-use
property
| |||
|
OUTDOORS
|
INDOORS
| |||||
|
Octave Band Sound Pressure Level,
dB
|
Octave Band Sound Pressure Level,
dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure level, dB
| |||
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
24 hours
|
|
Octave Band Center Frequency, Hz.
| ||||||
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
|
Note: When octave measurements are made, the sound from the
source must be constant in level and character. If octave band sound
pressure level variations exceed plus or minus 2 dB in the bands containing
the principal source frequencies, discontinue the measurement.
|
(8)
Sound production devices. No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in Subsection E(6)(b). These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
|
Table IV
Maximum Permissible Increase in Total Sound Levels
Within a Residential Property
| |
|---|---|
|
Weeknights
10:00 p.m. to 7:00 a.m.
Weekend nights
11:00 p.m. to 9:00 a.m.
|
All other times
|
|
3 dB(C)
|
6 dB(C)
|
(9)
Restricted uses and activities. The following standards shall apply
to the activities or sources of sound set forth below:
(a)
Excluding emergency work, power tools, home maintenance tools,
landscaping and/or yard maintenance equipment used by a residential
property owner or tenant shall not be operated between the hours of
8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable
limits set forth in Tables I, II and III. At all other times the limits
set forth in Tables I, II and III do not apply. All motorized equipment
used in these activities shall be operated with a muffler and/or sound
reduction device.
(b)
Excluding emergency work, power tools, landscaping and/or yard
maintenance equipment used by nonresidential operators (e.g., commercial
operators, public employees) shall not be operated on a residential,
commercial, industrial or public (e.g., golf course, parks, athletic
fields) property between the hours of 6:00 p.m. and 8:00 a.m. on weekdays,
or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal
holidays, unless such activities can meet the limits set forth in
Tables I, II and III. At all other times the limits set forth in Tables
I, II and III do not apply. All motorized equipment used in these
activities shall be operated with a muffler and/or sound reduction
device.
(c)
No construction and demolition activity, excluding emergency
work, shall be performed between the hours of 6:00 p.m. and 7:00 a.m.
on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends
and federal holidays, unless such activities can meet the limits set
forth in Tables I, II and III. At all other times the limits set forth
in Tables I, II and III do not apply. All motorized equipment used
in construction and demolition activity shall be operated with a muffler
and/or sound reduction device.
(d)
Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device when being used for snow removal.
At all other times the limits set forth in Tables I, II and III do
not apply.
(e)
All interior and exterior burglar alarms of a building or motor
vehicle must be activated in such a manner that the burglar alarm
terminates its operation within five minutes for continuous airborne
sound and 15 minutes for intermittent sound after it has been activated.
At all other times the limits set forth in Tables I, II and III do
not apply.
(f)
Self-contained, portable, nonvehicular music or sound production
devices shall not be operated on a public space or public right-of-way
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of 25 feet in any direction
from the operator.
(g)
Noise from animals.
[1]
It shall be unlawful for any property owner or tenant to allow
any domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a Noise Control
Officer or Noise Control Investigator. Prima facie evidence of a violation
of this section shall include but not be limited to:
[a]
Vocalizing (howling, yelping, barking, squawking,
etc.) for five minutes without interruption, defined as an average
of four or more vocalizations per minute in that period; or
[b]
Vocalizing for 20 minutes intermittently, defined
as an average of two vocalizations or more per minute in that period.
[2]
It is an affirmative defense under this subsection that the
dog or other animal was intentionally provoked to bark or make any
other noise.
(10)
Motor vehicles. Violations of each subsection of this Subsection E(10) shall be considered purposeful and therefore non-minor violations.
(a)
No person shall remove or render inoperative, or cause to be
removed or rendered inoperative or less effective than originally
equipped, other than for the purposes of maintenance, repair, or replacement,
of any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of way.
(b)
No motorcycle shall be operated stationary or in motion unless
it has a muffler that complies with and is labeled in accordance with
the federal noise regulations under 40 CFR Part 205.
(c)
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
(d)
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a distance of 50 feet in any direction from the operator
between the hours of 8:00 a.m. and 10:00 p.m.
(11)
Enforcement.
(a)
Violation of any provision of this Subsection E shall be cause for a notice of violation (NOV) or a notice of penalty assessment (NOPA) document to be issued to the violator by the Noise Control Officer or Noise Control Investigator.
(b)
Any person who violates any provision of this Subsection E shall be subject to a civil penalty, for each offense, of not more than $3,000. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
(c)
Upon identification of a violation of this Subsection E the Noise Control Officer or Noise Control Investigator shall issue an enforcement document to the violator. The enforcement document shall identify the condition or activity that constitutes the violation and the specific provision of this Subsection E that has been violated. It shall also indicate whether the violator has a period of time to correct the violation before a penalty is sought.
(d)
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation, as defined in Subsection E(2), an NOV shall be issued to the violator.
[1]
The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide them with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
[2]
The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible
party's/violator's voluntary action can prevent a formal enforcement
action with penalties issued by the Kingwood Township or Hunterdon
County Board of Health. It shall be noted that the NOV does not constitute
a formal enforcement action, a final agency action or a final legal
determination that a violation has occurred. Therefore, the NOV may
not be appealed or contested.
[3]
If the violation is deemed by the Noise Control Officer or Noise
Control Investigator to be a non-minor violation the violator shall
be notified that if the violation is not immediately corrected a NOPA
with a civil penalty of no more than $3,000 will be issued. If a non-minor
violation is immediately corrected, an NOV without a civil penalty
shall still be issued to document the violation. If the violation
occurs again (within 12 months of the initial violation) a NOPA shall
be issued regardless of whether the violation is immediately corrected
or not.
[4]
The violator may request, from the Noise Control Officer or
Noise Control Investigator, an extension of the compliance deadline
in the enforcement action. The Noise Control Officer or Noise Control
Investigator shall have the option to approve any reasonable request
for an extension (not to exceed 180 days) if the violator can demonstrate
that a good-faith effort has been made to achieve compliance. If an
extension is not granted and the violation continues to exist after
the grace period ends, a NOPA shall be issued.
[5]
The recipient of a NOPA shall be entitled to a hearing in a
municipal court having jurisdiction to contest such action.
[6]
The Noise Control Officer or Noise Control Investigator may
seek injunctive relief if the responsible party does not remediate
the violation within the period of time specified in the NOPA issued.
[7]
Any claim for a civil penalty may be compromised and settled
based on the following factors:
F.
Odor. Odors shall not be discernible at the lot line
or beyond.
G.
Storage and waste disposal. No materials or wastes
shall be deposited upon a lot in such form or manner that they may
be transferred off the lot by natural causes or forces, nor shall
any substance which can contaminate a stream, watercourse or underground
aquifer or otherwise render such stream, watercourse or underground
aquifer undesirable as a source of water supply or recreation or which
will destroy aquatic life, be allowed to enter any stream, watercourse
or underground aquifer. All materials or wastes which might cause
fumes or dust or which constitute a fire or explosion hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored indoors and enclosed in appropriate containers adequate
to eliminate such hazards. This provision shall not be construed to
prohibit acceptable farming practices, cultivating land, fertilization,
treatment or other farming activity involving land.
H.
Vibrations. No use shall cause earth vibrations or
concussions, with the exception of that vibration produced as a result
of construction or demolition activity.
A.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in the side or rear yard area and shall meet the setback distances for accessory buildings as specified in Article III for each particular zoning district, except that in no case may a swimming pool be located closer than 15 feet to any lot line.
B.
Swimming pools shall occupy no more than 75% of rear
or side yard area in which they are located.
C.
A private residential swimming pool area must be surrounded
by a suitable fence and a self-latching gate at least four feet in
height but no more than six feet in height if the pool is located
in a side yard. If a pool is located in a rear yard, the fence may
be of greater height than six feet.
[Added 9-21-1987 by Ord. No. 5-7-87]
A.
Prior to preliminary approval of a subdivision or
site plan, and as a condition of preliminary and final approval, the
approving authority may require, in accordance with the standards
of this chapter and the Circulation Plan and the Utilities Services
Plan adopted as part of the Township Master Plan, that the developer
be financially responsible for his pro rata share of the cost of providing
reasonable and necessary street improvements and water, sewerage and
drainage facilities, and easements therefor, located outside the property
limits of the development but necessitated or required by construction
or improvements within the development. "Approving authority" shall
mean the Planning Board or Board of Adjustment in their authorized
capacities when acting upon subdivision or site plan applications.
It is the intent of these provisions that the developer be compelled
to bear that portion of the cost of such off-tract improvements bearing
a rational nexus to the needs created by, and benefits conferred upon,
the development. Such off-tract improvements shall be required as
follows:
B.
Improvements to be constructed at the sole expense
of the applicant. In cases where no property other than the property
in the development will receive a special benefit thereby, the approving
authority may require the applicant, as a condition of approval and
at the applicant's expense, to provide for and construct such improvement(s)
as if the improvements were on-tract improvements, in the manner provided
in this chapter.
C.
Other improvements.
(1)
In cases where the need for any off-tract improvement
is necessitated by the proposed development and the approving authority
determines that the properties outside the development will also be
benefited by the improvement, the approving authority shall forward
to the governing body a list and description of proposed off-tract
improvements, together with a request that the governing body determine
and advise the approving authority of the procedure to be followed
in the construction and installation thereof. The approving authority
shall act upon the development application within the prescribed time
period for the approval of the development application, subject to:
(2)
The governing body, within 30 days after the receipt
of such list and description, or any additional time consented to
by the applicant, shall determine and advise the approving authority
whether:
(a)
The improvement(s) are to be constructed or
installed by the Township:
[1]
As a general improvement, the cost of which
is to be borne as a general expense, except as hereinafter otherwise
provided as to a contribution by the applicant; or
[2]
As a local improvement, all or part of the cost
of which is to be specially assessed against properties benefited
thereby in proportion to benefits conferred by the improvements in
accordance with law, except as hereinafter otherwise provided as to
a contribution thereto by the applicant; or
(b)
The improvement(s) are to be constructed or
installed by the applicant under the formula as set forth in this
chapter.
(3)
If the governing body shall determine that the improvement(s) shall be constructed or installed under Subsection C(2)(a)[1] hereinabove, the approving authority shall estimate, with the aid of the Township Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specifically benefited thereby, and the applicant shall be liable to the Township for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement(s) in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(4)
If the governing body shall determine that the improvement(s) shall be constructed or installed under Subsection C(2)(a)[2] hereinabove, the approving authority shall, as provided in Subsection C(3) hereinabove, estimate the difference between the total costs of the improvement(s) and the total amount by which all properties will be benefited, including the development property, and the applicant shall be liable to the Township for this difference, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement(s). Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement(s) and the assessment of benefits arising from the improvement(s) in a manner consistent with the obligation of the applicant.
(5)
If the governing body shall determine that the improvement(s) are to be constructed or installed by the applicant under Subsection C(2)(b) hereinabove, the approving authority shall estimate the amount of such excess as set forth above, and the applicant shall be liable to the Township for those excess costs, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement(s). However, the applicant shall be entitled to be reimbursed by the Township for the amount of any special assessment against property other than the development property for benefits conferred by the improvement(s), such reimbursement to be made if, as and when the special assessments against such other property are received by the Township. Further, the governing body shall adopt an ordinance authorizing and providing for the assessment against all properties for the benefits conferred by the improvement(s), including the development property, and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement(s) by the applicant.
(6)
Where a developer pays the amount determined as his
pro rata share under protest, he/she shall institute legal proceedings
within one year of such payment in order to preserve the right to
a judicial determination as to fairness and reasonableness of such
amount.
D.
Performance guaranty. Unless the applicant has completed
the installation of the improvements required as part of preliminary
plat approval and said improvements have been completed to the satisfaction
of the Township Committee upon the advice and recommendation of the
Township Engineer, the applicant shall be required to provide, as
a condition for final approval of the development, a performance guaranty
running to the Township based upon a performance guaranty cost estimate
determined as follows:
(1)
If the improvement is to be constructed by the applicant under Subsection A hereinabove, or under Subsection C(2)(b) hereinabove, a performance guaranty cost estimate shall be submitted in an amount equal to 120% of the estimated cost of the improvement or, where any part of said improvement is to be acquired or installed by the Township under said Subsection A, then 120% of the estimated cost of acquisition or installation by the Township.
(2)
If the improvement is to be constructed by the Township as a general improvement under Subsection C(2)(a)[1] hereinabove, a performance guaranty cost estimate equal to 120% of the amount of the excess cost over the total amount by which all properties, including the development property, will be specially benefited thereby.
(3)
If the improvement is to be constructed by the Township as a local improvement under Subsection C(2)(a)[2] hereinabove, a performance guaranty cost estimate equal to 120% of the amount set forth in Subsection D(2) above, plus the estimated amount by which the development property will be specially benefited by the improvement.
E.
Refund of deposit where improvements are not authorized
within five years. Where an applicant deposits money with the Township
for the completion of an improvement that is to be constructed by
the Township, the applicant shall be entitled to a full refund of
such deposit if the governing body shall not have enacted an ordinance
authorizing the improvement within five years after the date all other
improvements related to the development have been satisfactorily completed.
F.
Deposit of funds. All moneys paid to the Township
by an applicant pursuant to this section shall be paid to the Township
Treasurer[1] and held in escrow. The Treasurer shall provide a suitable
depository therefor in an interest-bearing account. Such funds shall
be used only for the improvements for which they were deposited or
improvements serving the same purpose. Where such deposits are in
excess of $5,000, the money shall continue to be the property of the
applicant and shall be held in trust by the Township. Any refunds
or payment of interest to the applicant shall be in accordance with
N.J.S.A. 40:55D-53.1.
G.
Time for applicant to construct. If the applicant
is required to construct off-tract improvement(s) pursuant to this
section, the approving authority may establish a reasonable time within
which such improvements shall be constructed. Such time period, as
well as the satisfactory construction of the improvement(s), shall
be conditions of any performance guaranty.
H.
Redetermination of assessment upon completion of improvement.
Upon completion of required off-tract improvement(s), the applicant's
liability hereunder shall be recalculated in accordance with the actual
cost, as compared with the estimated cost, of the improvement(s).
To the extent such recalculation increases the amount of any cash
deposit made by the applicant hereunder, the applicant shall forthwith
pay the amount of such increase to the Township. To the extent the
recalculation decreases the amount, the Township shall forthwith refund
the amount of such decrease to the applicant. In cases where improvements
are specially assessed against all benefited properties, recalculation
shall be made by the Township assessing authority in the course of
the special assessment proceedings. In other cases, it shall be made
by the Municipal Engineer.
J.
Standards for determining the proportionate or pro
rata cost. The proportionate or pro rata cost of off-tract improvements
shall be proportioned or prorated pursuant to this section and those
prescribed by state law and also, with reference to particular types
of improvements described below, as follows:
(1)
Street widening, alignment, corrections, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvements
not covered elsewhere, the construction of new streets and other similar
street or traffic improvements. The owner's or developer's proportionate
cost shall be calculated as follows:
(a)
For nonresidential development, the cost shall
be based on the ratio of the estimated peak-hour traffic generated
by the proposed property or properties to the total of the estimated
peak-hour traffic generated by the development, plus the remaining
capacity of the existing system but not less than zero in the event
a system is operating in excess of its design capacity. For purposes
of determining capacity, Level of Service B shall be used.
(b)
For residential development, the cost shall
be based on the ratio of the number of dwelling units proposed in
the subdivision or site plan to the total number of existing and potential
dwelling units having a reasonable impact on the facility or improvement
under consideration.
(c)
The ratios thus calculated shall be increased
by 10% to help defray the Township's legal, engineering and other
professional and administrative costs.
(2)
Stormwater and drainage improvements, including the
installation, relocation or replacement of storm sewers, culverts,
bridges, catch basins, detention and retention ponds and the installation,
relocation or replacement of other appurtenances associated therewith.
The owner's or developer's proportionate cost shall be the ratio of
the estimated peak surface runoff as proposed to be delivered into
the existing system, measured in cubic feet per second, to the total
of the peak flow to be delivered by the project, plus the remaining
capacity of the existing system, but not less than zero in the event
that a system is operating in excess of its design capacity. The ratio
thus calculated shall be increased by 10% to help defray legal, engineering
and other professional and administrative costs. For purposes of determining
peak flow, a twenty-five-year storm shall be used for the stormwater
system, and a one-hundred-year storm shall be used to determine the
capacity at low points and stream crossings.
[Added 9-22-1988 by Ord. No. 6-13-88]
A.
Continuation. Any lawful nonconforming use or structure
existing at the time of the passage of this section may be continued
upon the lot or in the structure, and any such structure may be sold
or transferred or restored or repaired in the event of partial or
total destruction thereof.
B.
Expansion. Any lawful nonconforming use or structure
with frontage on Route 12 may be expanded, provided that the proposal
receives site plan approval and does not violate any setback, floor
area ratio, residential density, building height, lot coverage, off-street
parking and loading, buffer or other design requirements of this chapter
for the district in which it is located and the well and septic system
are adequate for the use proposed.
C.
Lawful condition. For purposes of this section, a
lawful nonconforming use or structure shall be a use or structure
that existed before the first Zoning Ordinance was adopted by the
Township or, following the adoption of the first Zoning Ordinance,
shall be a use or structure for which a zoning variance was granted
from any prior ordinance or a use or structure that conformed to a
prior ordinance but was made nonconforming by a subsequent zoning
amendment. The burden of proof as to the legality of an existing use
or structure shall be on the owner. If proof cannot be provided to
the satisfaction of the Planning Board or Board of Adjustment before
whom the application is pending, the use or structure shall be determined
not to be lawful, and the appropriate zoning variances shall be required
prior to rebuilding or expanding under the terms of this section.
D.
Construction on nonconforming lots. Any land which
is a separate tax lot and which does not meet one or more of the minimum
lot size, depth or width requirements established for a lot in the
zone in which such lot is located may be used for any purpose, except
multiple dwellings, permitted in that zone, provided that the lot
meets all of the following conditions.
[Added 11-18-1996 by Ord. No. 9-13-96]
(1)
The lot was in existence as a separate lot at the
time of adoption of the Zoning Ordinance which rendered it nonconforming.
(2)
The owner of the lot does not own any other land adjoining
the nonconforming lot.
(3)
All other regulations, including but not limited to
setback requirements applicable to the zone are complied with.
[Added 7-28-1993 by Ord. No. 8-13-93]
Each nonresidential use shall provide at least
one trash and garbage pickup location which shall be approved on the
site plan. The placement and facilities at each location shall be
consistent with the Township's ordinance implementing the Source Separation
and Recycling Act[1] to separate recyclable materials separate from garbage
and other solid waste. The location of these facilities shall be either
within a building or at a pickup location outside the building, which
shall be a steel-like, totally enclosed container located to be obscured
from view from parking areas, streets and adjacent residential districts
by a solid wood fence, masonry wall, dense planting or some combination
of the three. If located within a building, the doorway may serve
both the loading as well as the trash/garbage collection function.
If located outside a building, it may be located adjacent to or within
the general loading area(s), provided that the container(s) does not
interfere with or restrict the loading and unloading function.
[Added 9-6-2005 by Ord. No. 13-9-2005]
A.
Residential development requirements. All new residential development in any zoning district shall be required to provide affordable housing at the ratio of one affordable unit for every eight new market-rate residential units proposed. The provision of the affordable unit(s) required shall be through on-site construction, through the creation of affordable units off-site or through a payment in lieu of construction. See Subsection E hereinbelow, regarding the use of a payment in lieu of, where the obligation is or includes a fraction. If the developer elects to construct the affordable unit off-site but within Kingwood Township or through a payment in lieu of construction, each on-site unit otherwise required to be affordable to a low- or moderate-income household may be converted to a market-priced unit, but the developer's growth share obligation shall be increased accordingly and reflected in the number of units being constructed off-site but within Kingwood Township or through a payment in lieu of construction.
B.
Nonresidential development requirements. All new nonresidential development in any zoning district shall be required to provide affordable housing constructed at the ratio of one affordable unit for every 25 new jobs created as a result of the proposed nonresidential development project. The calculation of the number of jobs created shall be in accordance with Appendix E of N.J.A.C. 5:94-1 et seq. entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share." The provision of the affordable unit(s) required shall be through on-site construction, through the creation of affordable units off-site or through a payment in lieu of construction. See Subsection E below regarding the use of a payment in lieu of, where the obligation includes a fraction.
C.
Construction of affordable housing on site.
(1)
Residential development.
(a)
The affordable housing units may be provided
within single-family detached buildings, duplex buildings, triplex
buildings or quadriplex buildings designed to resemble as nearly as
possible the single-family homes otherwise being constructed within
the development to accommodate the market units. Duplex, triplex and
quadriplex buildings containing low- and moderate-income housing units
only shall be deemed to be permitted uses in the underlying zone when
created for the purpose of meeting a gross share obligation on site.
(b)
No density increase or bonus shall be granted
for the construction of the affordable housing units on site, but
the affordable housing units themselves shall not be included in the
calculation of density for purposes of this section.
(c)
The lots within the development may be reduced
in area and width to 80% of the area and width otherwise required
in the zone for the form of development proposed in order to accommodate
the construction of the affordable housing units on one or more lots
within the development. All required setbacks, building height, open
space requirements and coverage limits for the zone shall be met on
all lots, except that, for the purposes of accommodating patios and
parking for the affordable units, the maximum impervious coverage
on any lot containing affordable units may be increased by up to 10%
of the impervious coverage otherwise allowed.
(d)
All affordable units shall comply with COAH's
rules pertaining to the phasing, integration, low/moderate income
split, controls on affordability, bedroom distribution, affirmative
marketing, heating source and administration of the affordable units,
as set forth in N.J.A.C. 5:94-4.4 and elsewhere in the rules.
(e)
All applicable Board of Health and NJ DEP regulations
for water supply and sewage treatment shall be met.
(2)
Nonresidential development.
(a)
Affordable housing units may be constructed
within or converted from space above the first floor level in nonresidential
buildings or may be constructed in a separate building or buildings
on the same site as a permitted nonresidential use or development,
subject to site plan review by the Planning Board. A mixed use building
or residential building on a nonresidentially zoned site accommodating
up to four housing units, where all such housing units are deed restricted
for affordability to and occupancy by low- and moderate-income households,
shall be deemed to be a permitted use in any nonresidential zoning
district in Kingwood Township, provided all other requirements of
the Land Use Ordinance are met, including, but not limited to, the
permitted density and impervious coverage limits.
(b)
All required setbacks, building height and coverage
limits for the zone shall be met on nonresidential lots containing
affordable housing units, except that, for the purposes of accommodating
walkways and parking for the affordable units, the maximum impervious
coverage on any lot containing affordable units may be increased by
up to 10% of the impervious coverage otherwise allowed.
(c)
In computing the required parking for any mixed-use
development containing affordable housing units, consideration shall
be given to shared parking opportunities.
(d)
All affordable units shall comply with COAH's
rules pertaining to the phasing, integration, low/moderate income
split, controls on affordability, bedroom distribution, affirmative
marketing, heating source and administration of the affordable units,
as set forth in N.J.A.C. 5:94-4.4 and elsewhere in the rules.
(e)
All applicable Board of Health and NJ DEP regulations
for water supply and sewage treatment shall be met.
D.
Creation of affordable housing units off-site but
within Kingwood Township.
(1)
Developers electing to create affordable housing units
elsewhere within Kingwood Township may do so within existing buildings,
whether converted, reconstructed or purchased for buydown, in any
zone of Kingwood Township, as set forth and regulated herein.
(2)
The reconstruction or conversion of any existing dwelling or any existing agricultural structure into a building containing up to six dwellings, where all such dwelling units are deed restricted for affordability and occupancy by low- and moderate-income households, shall be deemed to be a permitted use in any zone, provided all of the requirements of the Land Use Ordinance are met, including, but not limited to, the maximum permitted zone density, and further provided that the requirements of this Subsection D are satisfied.
(3)
No such individual dwelling unit shall be smaller
than 550 square feet. All such units shall meet or shall be improved
to meet Uniform Construction Code requirements and shall be certified
to be in standard condition prior to their conveyance or occupancy.
(4)
All affordable units shall comply with COAH's rules
pertaining to the phasing (with the market units being constructed
elsewhere by the same developer), low/moderate income split, controls
on affordability, bedroom distribution, affirmative marketing, heating
source and administration of the affordable units, as set forth in
N.J.A.C. 5:94-4.4 and elsewhere in COAH's rules.
(5)
All required setbacks, building height and impervious
coverage limits for the zone shall be met on the lot except that existing
setback deficiencies and other nonconformities of the lot and/or building(s)
located thereon may be continued, for as long as the buildings remain
on the site, without the need for additional variances.
E.
Payments in lieu of construction.
(1)
Payments in lieu of the construction of affordable
housing shall be based upon a proportionate share of the total project
cost embodied in one or more pro formas for the construction of an
affordable housing development elsewhere within Kingwood Township,
which pro forma(s) shall be on file in the office of the Township
Clerk. If no pro formas are available, the developer shall prepare
one, which will be subject to review and approval by the Township
Committee. The actual payment in lieu of construction to be made by
the developer may be subject to negotiation with the Township based
upon the following considerations: the actual cost of buying down
or subsidizing one or more existing or planned market price dwelling
units to achieve an average rent level affordable to a household earning
52.5% of median income; the actual land cost of the site(s) earmarked
for off-site affordable housing construction within Kingwood Township
or reasonable and acceptable offers to substitute land, site preparation
and/or construction services for all or a portion of the monetary
payment otherwise required.
(2)
Regardless of the mechanism selected by the developer
for satisfying the required number of affordable housing units, any
development or portion thereof that generates a fraction of an affordable
housing unit as all or a portion of the obligation (because the development
contains fewer than or more than a number of units that is evenly
divisible by eight) shall under any circumstances be required to make
a payment in lieu of construction for that fraction of a unit based
on the pro-rated cost of constructing an affordable housing unit in
Kingwood Township.
(3)
Notwithstanding any language to the contrary within this chapter, there shall be an exception to the requirement for the payment of an in-lieu-of-construction contribution, as delineated hereinabove, in the case of the development of a single-family dwelling on a lot of record in existence on September 6, 2005, or a development approval for a Class I or a Class II minor subdivision (as defined in Chapter 115), provided that the real property of which the subdivision is a part has not been the subject of any other subdivision approval within the past three years from the date the Class I or Class II minor subdivision application is stamped received by the Township, in which case the applicant shall still be responsible for the payment of a development fee in accordance with § 132-13 of the Township Municipal Code. If, however, the Class I or Class II minor subdivision application has been received within the three-year period set forth above, then, and in such event, the payment of the in-lieu-of-construction contribution, as established by this chapter, shall apply. The foregoing exemption shall be applicable retroactively, as of November 1, 2005.
[Added 11-1-2005 by Ord. No. 13-13-2005; amended 12-5-2006 by Ord. No. 13-36-2006]
F.
Other requirements.
(1)
The use of any of the foregoing mechanisms for providing
affordable housing within Kingwood Township shall be limited to the
provision of nonage-restricted rental affordable housing units in
compliance with all of COAH's rules set forth at N.J.A.C. 5:94-1 et
seq.
(2)
The Planning Board shall have the jurisdiction to
consider the grant of a waiver from the foregoing to permit age-restricted
affordable housing instead of non-age-restricted affordable housing
or to permit for-sale affordable housing instead of rental affordable
housing, where the Board finds that granting such a waiver would be
more appropriate to the context of the development or to the location
and nature of the affordable housing unit(s) being created. The Planning
Board shall give due consideration to the Township-wide impacts of
such a deviation upon the adopted and COAH-certified housing element
and fair share plan before approving any such waiver. Under no circumstance
shall the Planning Board approve a waiver to permit an alternative
to rental housing that results in a failure of the Township to meet
its minimum rental affordable housing obligation pursuant to N.J.A.C.
5:94-1.1 et seq.
(3)
A proposed affordable housing production plan (AHPP)
shall be submitted to the Planning Board at the time application is
made for any development requiring growth share affordable housing
production pursuant to this section. The AHPP shall be a condition
of completeness determination. All AHPPs shall be the subject of review
by the Township's Housing Coordinator for consistency with COAH's
rules and with the Township's certified third-round housing element
and fair share plan. Compliance with all of the terms of COAH's rules
and with the approved AHPP shall be a condition of development plan
approval and may be covered by appropriate performance and maintenance
guarantees as with any other required improvement.
(4)
Where an odd number of low- and moderate-income housing
units are required to be provided, the majority of the units shall
be low-income units. Where there are an insufficient number of affordable
units provided to meet the bedroom distribution requirements of COAH's
rules, the first unit shall be a two-bedroom unit, the second unit
shall be a three-bedroom unit and the third unit shall be a one-bedroom
unit. Otherwise, the bedroom distribution shall be in strict accordance
with COAH's rules.
(5)
It shall be the developers responsibility to pay the
per-unit cost of the initial advertising and ongoing administration
of the controls on affordability for each of the affordable units
attributable to the development generating the growth share obligation,
at its sole cost and expense, in accordance with the Township Housing
Coordinator's direction, efforts and coordination for the initial
and ongoing administration of the controls on affordability so as
to ensure full COAH compliance. The Township Housing Coordinator shall,
by February 1st of each year, and as needed throughout the year, file
with the Township Clerk of the Township of Kingwood such certifications,
reports and/or monitoring forms as may be required by COAH to verify
the continuing compliance of each affordable unit with COAH's rules.
(6)
Residential developments that include low- and moderate-income
housing units, set aside or otherwise, shall be exempt from the requirements
of this section.
[Added 12-7-2010 by Ord. No. 16-16-2010]
A.
All major solar or photovoltaic energy facility or structure installations
in the BP Zoning District shall comply with the following supplemental
design and performance standards:
(2)
No soil shall be removed from any site upon which major solar or
photovoltaic energy facilities and structures shall be constructed.
Within areas containing prime farmland [NOTE: Prime farmlands include
all those soils in Land Capability Class I and selected soils from
Land Capability Class II. Prime farmland is land that has the best
combination of physical and chemical characteristics for producing
food, feed, forage, fiber and oilseed crops and is also available
for these uses. It has the soil quality, growing season, and moisture
supply needed to economically produce sustained high yields of crops
when treated and managed according to acceptable farming methods,
prime farmlands are not excessively erodible or saturated with water
for a long period of time, and they either do not flood frequently
or are protected from flooding.] and farmlands of statewide significance
[NOTE: Farmlands of statewide importance include those soils in land
capability Class II and III that do not meet the criteria as prime
farmland. These soils are nearly prime farmland and economically produce
high yields of crops when treated and managed according to acceptable
farming methods. Some may produce yields as high as prime farmland
if conditions are favorable.] as identified by the USDA Natural Resources
Conservation Service, there shall be no concrete footings constructed
or used for solar or photovoltaic panel racking systems or other structures
to support panels; however, concrete pads for inverters and similar
equipment, and concrete footings for security fence may be constructed
within areas containing these soils. Grading within prime farmland
and farmlands of statewide significance shall be limited to only that
necessary to construct access roads and for construction of inverter
and switching equipment pads.
(3)
Except pursuant to a permit issued by NJDEP, no portion of major
solar or photovoltaic energy facilities and structures shall occupy
areas of land designated and regulated by NJDEP as floodplains, flood
hazard areas, wetlands, wetland transition areas or riparian corridors.
An applicability determination from the NJDEP shall be provided to
document the presence and/or absence of these regulated areas. A three-hundred-foot
buffer shall be maintained between NJDEP designated Category One waters,
as defined in the existing Surface Water Quality Standards rules at
N.J.A.C. 7:9B-1.4, and any portion of proposed major solar or photovoltaic
energy facilities and structures. Category One waters include, and
may not be limited to, the Lockatong, Wickecheoke, Warford, Nishisakawick
and Little Nishisakawick Creeks and all named and unnamed tributaries
of these streams.
(4)
Major solar or photovoltaic energy facilities and structures shall
not occupy any area beyond the required principal building setbacks
for the zone in which the facility is to be located, exclusive of
a pole for interconnection of the facility to the electrical grid.
The minimum vegetated visual and security buffer width for major solar
or photovoltaic energy facilities or structures shall be provided
in all zones and the minimum principal setbacks shall be increased
in any zone where the principal building setback is less than 50 feet.
In no case shall the principal building setback be less than 50 feet
such that the required fifty-foot minimum width vegetated visual and
security buffer shall be provided.
(5)
Major solar and photovoltaic energy facilities and structures shall
not be visible from the public traveled way (public roads, trails,
navigable waterways, scenic highways and byways), publicly owned properties,
open space, preserved farmland and historic resources, including sites
and buildings listed or eligible for listing on the State and National
Registers of Historic Places.
(a)
Installations shall be sited behind existing vegetation, which
shall be supplemented with landscaping to shield the installation
from public view.
(b)
To the extent achievable, solar and photovoltaic energy facilities
and structures shall be sited using the natural topography to screen
the energy project from public view and the view of any adjoining
residences.
(6)
In all zoning districts, major solar and photovoltaic energy facilities
and structures shall not be visible from adjoining residential uses,
at a height 30 feet above ground level, or residential zones, and
shall be screened by a combination of berm(s), landscaping and fencing.
Fencing or a barrier shall be installed behind the required berm(s)
and landscaping.
[Amended 4-25-2011 by Ord. No. 16-13-2011; 7-5-2012 by Ord. No. 17-12-2012]
(a)
A maintenance plan shall be submitted for the continuing maintenance
of all required plantings, including a schedule of specific maintenance
activities to be conducted. Maintenance of the required berms, landscaping
and fencing shall be a continuing condition of any approval that may
be granted. The use of herbicides shall not be permitted as an acceptable
maintenance practice.
[1]
Organic farming is encouraged as a best management practice
for areas of the tract (or tracts) that are not occupied by solar
and photovoltaic energy facilities and structures.
[2]
Soil erosion control, soil stabilization. All ground areas occupied by the major solar or photovoltaic energy facility or structure installation that are not utilized for access to operate and maintain the installation shall be planted and maintained with native, noninvasive shade-tolerant grasses and native, noninvasive shade-tolerant wildflower mix for the purpose of soil stabilization and providing forage for pollinators. A seed mixture of native, noninvasive shade-tolerant grasses and native, noninvasive shade-tolerant wildflower shall be specified in a landscaping plan that shall be submitted to and approved by the applicable land use board. The use of stone shall not be permitted for soil erosion control and soil stabilization. The components of this plan may be combined with the requirements of the grading and drainage plan in §132-60A(9) below.
[Amended 11-5-2020 by Ord. No. 20-14-2020]
[3]
Existing surface water drainagecourses. The bed and banks of existing drainage ditches, brooks, streams and drainage swales shall be maintained in their natural condition, except that where soil erosion is evident in these features due to a lack of suitable stabilized vegetation, the Board may require such areas to be planted and stabilized in accordance with the recommendations found in Chapter 8, Restoration Design, of the publication entitled Stream Corridor Restoration, Principles, Processes and Practices, 10/98 Published Version, Revised 8/2001, prepared by the Natural Resource Conservation Service and available through a link on NJDEP's website at http://www.nrcs.usda.gov/technical/ stream_restoration.
(7)
Vegetated visual and security buffer: berm, landscaping, fence requirements. As required in Subsections A(4), (5), (6) and (7) herein, a vegetated visual and security buffer not less than 50 feet in width shall be provided in all zones. The vegetated visual and security buffer shall consist of a combination of a landscaped berm, landscaping and a security barrier behind the landscaping and berm.
(a)
Vegetation shall visually screen the major solar or photovoltaic energy system from all adjoining residential uses and zones, the public traveled way (public roads, trails, navigable waterways, scenic highways and byways), publicly owned properties, open space, preserved farmland and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places. Vegetation shall be provided in accordance with § 132-54A(2), (3), (4) and (5), except that where the provisions of § 132-54A may conflict with the visual screening requirements and objectives of § 132-60, the applicant shall provide landscaping consistent with the visual screening objectives of § 132-60. In addition, landscaping shall be limited to native species of deciduous and coniferous trees and shrubs that are indigenous to the area, as listed in Appendix C of the Kingwood Township Conservation Plan Element, and shall not include invasive species as listed in Appendix D in the Conservation Plan. Such plantings shall be depicted on a plan prepared by a licensed landscape architect.
(b)
A continuous landscaped berm shall be provided within the buffer,
which shall be constructed in a free-form, undulating configuration
and shall be of varying height to complement the natural landscape
and enhance visual screening of the facility.
(c)
A barrier shall be installed behind the required berm which
barrier shall secure the facility at all times; restrict access to
all electrical wiring that may be readily accessible; and be in conformance
with the Uniform Construction Code. One or more access gates to the
facility shall be provided. Each access gate shall include a sign
identifying the responsibility parties for operation of the major
solar and photovoltaic energy facilities and structures, for maintenance
of the facility, and for maintenance of the berm, landscaping and
security fence. All transformers and high-voltage equipment shall
be situated within a compound, which shall be enclosed within a security
fence and access gate, which shall remain locked at all times. The
height of the security fence and access gate surrounding transformers
and high voltage equipment shall be eight feet, or as required by
applicable federal and state regulation, and/or local building code.
(d)
Prior to any disturbance of the site, the applicant shall submit
a cost estimate for the required berm and landscaping, which shall
be subject to review and approval by the Board Engineer. The approved
cost estimate shall be the basis for either a bond or cash guarantee,
which shall be subject to a development agreement and shall be posted
by the applicant prior to any site disturbance and the issuance of
construction and subcode permits.
(8)
Where it can be demonstrated to the satisfaction of the reviewing
Board that the use of natural topography and siting behind proposed
or existing vegetated areas will sufficiently screen solar and photovoltaic
energy facilities and structures from view as required herein, portions
of the required berm and landscaping may be reduced at the Board's
discretion.
(9)
The required landscaped berm shall include the provision of adequate
and appropriate drainage facilities, which shall be designed such
that site grading and construction shall not alter the natural drainage
patterns of stormwater originating within the property boundaries
and beyond property boundaries. A grading and drainage plan shall
be submitted, which shall demonstrate that existing drainage patterns
shall be perpetuated.
(a)
A grading and drainage plan shall be submitted under the seal of a licensed professional engineer and shall provide the details necessary to adequately demonstrate to the reviewing agency engineer that no stormwater runoff or natural water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions. See § 115-11E(1)(c).
(b)
The grading and drainage plan shall show, among other things:
[1]
All existing and proposed natural and artificial drainagecourses
and other features for the control of drainage, erosion, and water
generally;
[2]
The calculated volume of water runoff from the slope and from
the lot in question, as proposed to be improved;
[3]
The existence of all natural and artificial drainagecourses
and facilities within 500 feet of the lot, which are or will be used
to carry or contain the runoff from the slope and the lot; and
[4]
The effect of any increased water runoff on all adjacent properties
and any other property which will be materially affected by increased
water runoff.
(c)
Calculations shall be provided to adequately demonstrate that
existing preconstruction stormwater drainage velocities shall not
be exceeded in the post development condition.
(10)
Major solar and photovoltaic energy facilities and structures
and alternative energy systems shall not result in reflective glare
as viewed from (a height of 30 feet above) ground level on adjoining
residential properties.
(11)
Except for areas of the tract (or tracts) that may be forested
or farmed, areas not occupied by solar or photovoltaic energy facilities
and structures, berms and landscaping shall be planted with suitable
ground cover consisting of native, noninvasive grasses and native,
noninvasive wildflowers for soil stabilization and to promote forage
for pollinators. Ground areas beneath the major solar and photovoltaic
energy facilities and structures and alternative energy systems shall
not be covered with stone.
[Amended 11-5-2020 by Ord. No. 20-14-2020]
(12)
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
the property line.
(13)
Permitted height. The maximum permitted vertical height above
ground for solar and photovoltaic energy panels shall be 12 feet.
(14)
Major solar energy systems and facilities including all components
thereof shall be designed to withstand a ground level wind velocity
of 90 m.p.h. or greater; or in accordance with wind loading guidelines
established in the Uniform Construction Code, whichever is greater.
(15)
The use of lead-acid batteries shall not be permitted in major
solar energy systems and facilities. This prohibition shall not extend
to minor solar or photovoltaic energy facilities.
(16)
Cadmium telluride solar panels shall not be permitted.
[Added 4-25-2011 by Ord. No. 16-13-2011 and 7-5-2012 by Ord. No. 17-12-2012]
(17)
Solar and photovoltaic energy facility inverters and switch
gear equipment shall be fully enclosed within an acoustical enclosure
that will provide a minimum transmission loss (TL) of approximately
34 dBa and shall be set back from all property lines by not less than
150 feet. Such acoustical enclosures shall include at least two means
of ingress and egress for emergency response. The final design of
the enclosure will incorporate appropriate materials to achieve the
minimum TL requirements. Consideration will be given to acoustical
properties of doors and penetrations in the enclosure, such as air
intakes and exhausts. Acoustical grade louvers shall be utilized at
these openings. All exterior surfaces of such structures shall be
neutral tones.
(18)
Decommissioning plan. All applications for a major solar facility
shall be accompanied by a decommissioning plan to be implemented upon
abandonment, or cessation of activity, or in conjunction with removal
of solar energy systems. The decommissioning plan shall be submitted
in accordance with the requirements of this section. Prior to removal
of solar energy systems a demolition permit for removal activities
shall be obtained from the Kingwood Township construction official.
Prior to issuance of a demolition permit, the owner or operator of
the facility shall post a performance bond to ensure removal of the
facility or systems in accordance with the decommissioning plan. Removal
of solar energy systems shall be conducted by an electrician licensed
in the State of New Jersey.
(a)
Solar and photovoltaic energy facilities and structures (roof
or ground) which have not been in active and continuous service for
a period of one year shall be removed from the property to a place
of safe and legal disposal in accordance with a decommissioning plan.
(b)
If the applicant ceases operation of the energy project for
one year; or begins, but does not complete, construction of the project
within 180 days of receipt of final site plan approval, the applicant
shall restore the site according to a decommissioning plan prepared
by the applicant and approved by the Board. The applicant shall submit
a decommissioning plan that ensures that the site will be restored
to a useful, nonhazardous condition without significant delay, including
but not limited to the following:
[1]
Removal of aboveground and underground equipment, structures
and foundations to a depth of at least three feet below grade. Underground
equipment, structures and foundations need not be removed if they
are at least three feet below grade and do not constitute a hazard
or interfere with agricultural use or other resource uses of the land.
The plan shall describe the means by which all equipment and components
of the system(s) shall be disposed of in an environmentally responsible
manner and in accordance with prevailing federal, state and/or local
regulations.
[2]
Restoration of the surface grade and soil after removal of aboveground
structures and equipment.
[3]
Restoration of surface grade and soil.
[4]
Revegetation of restored soil areas with native seed mixes,
plant species suitable to the area, which shall not include any invasive
species. In farmland areas, the revegetation component of the decommissioning
plan may include provisions to resume agricultural use of the site.
[5]
The plan may provide for the retention of access roads, fences,
gates or buildings in place or regarding restoration of agricultural
crops or forest resource land.
[6]
The plan must provide for the protection of public health and
safety and for protection of the environment and natural resources
during site restoration.
[7]
The plan must include a schedule for completion of site restoration
work.
(c)
A cost estimate shall be provided for the cost of fully implementing
the decommissioning plan prior to the issuance of a demolition permit.
The cost estimate shall be subject to review and approval by the Township
Engineer.
(d)
Before beginning any decommissioning activities, the applicant
must submit a performance bond in a form and amount satisfactory to
the Township Attorney, which shall be based upon an estimate approved
by the Board Engineer, assuring the availability of adequate funds
to restore the site to a useful, nonhazardous condition in accordance
with the decommissioning plan.
(e)
Upon cessation of activity for a cumulative period of 180 days
of construction or installation activities of an approved major solar
or photovoltaic energy system, the Township may notify the owner and/or
the operator of the facility to complete construction and installation
of the facility. If the owner and/or operator fail to complete construction
and installation activities within 180 additional days, the Township
may order the owner and/or operator of the facility to implement the
decommissioning plan. Within six months of notice being served, the
owner and/or operator shall substantially complete all activities
in the decommissioning plan.
(f)
Upon cessation of activity of a fully constructed major solar
or photovoltaic energy system for a cumulative period of one year,
the Township may notify the owner and/or the operator of the facility
to implement the decommissioning plan. Within 180 days of notice being
served, the owner and/or operator shall either resume energy generation
to at least 80% capacity of the facility or system as established
at the time of approval, or fully implement the decommissioning plan.
If, within 180 days of receipt of notice, the owner and/or operator
of the facility or system fail to resume energy generation to at least
80% of capacity of the facility or system as established at the time
of approval, the Township may order the owner and/or operator of the
facility to implement the decommissioning plan.
(g)
If the operator fails to fully implement the decommissioning
plan subject to the procedures and time lines set forth in Subsections
A(16)(e) and (f) above, or is otherwise unable to restore the site
as required within 180 days of the Township's service of notice in
accordance with this section, the Township may, at its own expense,
provide for the restoration of the site in accordance with the decommissioning
plan and may in accordance with the law recover all expenses incurred
for such activities.
(19)
The solar facility shall be subject to inspection by the Township
Engineer on an annual basis. An escrow shall be established with the
Township to perform this inspection. The facility owner will be provided
with written notice within 14 days of any deficiencies identified
during the inspection. Correction of any deficiencies identified shall
be completed within 60 days after receipt of such notification. The
following items will be subject to inspection:
[Added 11-5-2020 by Ord.
No. 20-14-2020]
(a)
Landscaping:
[1]
Landscape buffer plantings shall be properly maintained. Necessary
pruning on an as-needed basis shall be implemented to promote the
viability of the plant material and to maintain solar access;
[2]
The grass in the array fields shall be maintained at a height
no greater than 24 inches and no less than six inches;
[3]
The grass within the array fields shall be inspected annually
for the following:
[4]
Any dead or dying shrubs or trees shall be replaced by the owner
throughout the life of the facility;
(b)
Access roads shall be inspected annually for rutting and erosion
and repaired as required; and
(c)
All fencing, solar panels, equipment buildings, access roads,
and security measures shall be inspected annually for their condition
and appearance.
[Added 4-25-2011 by Ord. No. 16-13-2011 and 7-5-2012 by Ord. No. 17-12-2012]
A.
All major solar or photovoltaic energy facility or structure installations
shall comply with the following supplemental design and performance
standards:
(1)
No
soil shall be removed from any site upon which major solar or photovoltaic
energy facilities and structures shall be constructed. Within areas
containing prime farmland [NOTE: Prime farmlands include all those
soils in Land Capability Class I and selected soils from Land Capability
Class II. Prime farmland is land that has the best combination of
physical and chemical characteristics for producing food, feed, forage,
fiber and oilseed crops and is also available for these uses. It has
the soil quality, growing season, and moisture supply needed to economically
produce sustained high yields of crops when treated and managed according
to acceptable farming methods. Prime farmlands are not excessively
erodible or saturated with water for a long period of time, and they
either do not flood frequently or are protected from flooding.] and
farmlands of statewide significance [NOTE: Farmlands of statewide
importance include those soils in Land Capability Class II and III
that do not meet the criteria as prime farmland, These soils are nearly
prime farmland and economically produce high yields of crops when
treated and managed according to acceptable farming methods. Some
may produce yields as high as prime farmland if conditions are favorable.]
as identified by the USDA Natural Resources Conservation Service,
there shall be no concrete footings constructed or used for solar
or photovoltaic panel racking systems or other structures to support
panels; however, concrete pads for inverters and similar equipment,
and concrete footings for security fence may be constructed within
areas containing these soils. Grading within prime farmland and farmlands
of statewide significance shall be limited to only that necessary
to construct access roads and for construction of inverter and switching
equipment pads.
(2)
Major
solar and photovoltaic energy facilities and structures shall not
be visible from the public traveled way (public roads, trails, navigable
waterways, scenic highways and byways), publicly owned properties,
open space, preserved farmland and historic resources, including sites
and buildings listed or eligible for listing on the State and National
Registers of Historic Places.
(a)
Installations shall be sited behind existing vegetation, which shall
be supplemented with landscaping to shield the installation from public
view.
(b)
To the extent achievable, solar and photovoltaic energy facilities
and structures shall be sited using the natural topography to screen
the energy project from public view and the view of any adjoining
residences.
(3)
In
all zoning districts, major solar and photovoltaic energy facilities
and structures shall not be visible from adjoining residential uses
or zones and shall be screened by a combination of berm(s), landscaping
and fencing. Fencing or a barrier shall be installed behind the required
berm(s) and landscaping.
(4)
Vegetated visual and security buffer; berm, landscaping, fence requirements. As required in Subsection A(4), (5), (6) and (7) herein, a vegetated visual and security buffer not less than 50 feet in width shall be provided in all zones. The vegetated visual and security buffer shall consist of a combination of a landscaped berm, landscaping and a security barrier behind the landscaping and berm.
(a)
Vegetation shall visually screen the major solar or photovoltaic energy system from all adjoining residential uses and zones, the public traveled way (public roads, trails, navigable waterways, scenic highways and byways), publicly owned properties, open space, preserved farmland and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places. Vegetation shall be provided in accordance with § 132-54A(2), (3), (4) and (5), except that where the provisions of § 132-54A may conflict with the visual screening requirements and objectives of § 132-102P, the applicant shall provide landscaping consistent with the visual screening objectives of § 132-102P. In addition, landscaping shall be limited to native species of deciduous and coniferous trees and shrubs that are indigenous to the area, as listed in Appendix C of the Kingwood Township Conservation Plan Element, and shall not include invasive species as listed in Appendix D in the Conservation Plan. Such plantings shall be depicted on a plan prepared by a licensed landscape architect.
(b)
A continuous landscaped berm shall be provided within the buffer,
which shall be constructed in a free-form, undulating configuration
and shall be of varying height to complement the natural landscape
and enhance visual screening of the facility.
(c)
A barrier shall be installed behind the required berm which barrier
shall: secure the facility at all times; restrict access to all electrical
wiring that may be readily accessible; and be in conformance with
the Uniform Construction Code. One or more access gates to the facility
shall be provided. Each access gate shall include a sign identifying
the responsibility parties for operation of the major solar and photovoltaic
energy facilities and structures, for maintenance of the facility,
and for maintenance of the berm, landscaping and security fence. All
transformers and high-voltage equipment shall be situated within a
compound, which shall be enclosed within a security fence and access
gate, which shall remain locked at all times. The height of the security
fence and access gate surrounding transformers and high-voltage equipment
shall be eight feet in height, or as required by applicable federal
and state regulation, and/or local building code.
(d)
Prior to any disturbance of the site, the applicant shall submit
a cost estimate for the required berm and landscaping, which shall
be subject to review and approval by the Board Engineer. The approved
cost estimate shall be the basis for either a bond or cash guarantee,
which shall be subject to a development agreement and shall be posted
by the applicant prior to any site disturbance and the issuance of
construction and subcode permits.
(5)
Where
it can be demonstrated to the satisfaction of the reviewing board
that the use of natural topography and siting behind proposed or existing
vegetated areas will sufficiently screen solar and photovoltaic energy
facilities and structures from view as required herein, portions of
the required berm and landscaping may be reduced at the board's discretion.
(6)
Solar
or photovoltaic roof- and ground-mounted systems servicing residential
uses shall comply with the following safety and emergency response
provisions:
(a)
All residential roof-mounted systems shall be provided with adequate
area on the roof for firefighters to ventilate all planes of the roof
upon which solar panels are installed, as follows: At least four feet
of clear area across the top of the roof along the ridgeline and four
feet on both sides of the roof leading to the ridgeline shall remain
clear of any solar or photovoltaic panels. Roofs with cross gable/valley
shall provide four feet clear of any panels, to allow firefighters
access to the roof, which shall be provided as at least two feet clear
of panels on either side of the center of all valleys.
(b)
Residential solar or photovoltaic systems shall be fitted with a
safety-mode system capable of switching off live DC current from the
system in the event that fire or rescue services are required. Safety-mode
switching shall be readily accessible to and clearly marked for emergency
response personnel operation.
(c)
Security fencing and gates shall be fully erected and operational
prior to the installation of solar or photovoltaic energy facility
installation.
(d)
An exterior electrical disconnect/emergency shutoff which deenergizes
the system shall be provided, which shall be plainly marked with a
reflective placard identification.
(e)
Site labeling. Each site containing a solar or photovoltaic energy
facility shall include a sign indicating that the energy facility
exists on site, indicating whether the system is a roof- or ground-mounted
system. Such sign shall be conspicuously mounted at the driveway entry
to the site.
(f)
In accordance with the latest edition of the National Electrical
Code update, all conduit extending between solar or photovoltaic panel
arrays and inverters and transformers shall be marked every 10 feet
to indicate electrical danger to firefighters and EMT personnel in
the event conduit is accidentally or must be intentionally cut as
part of emergency response.
(g)
Material safety data sheets (MSDS) shall be submitted to emergency
response providers for all component materials comprising the solar
modules, panels, or arrays or other equipment which contain hazardous
or flammable substances.
(7)
Solar
or photovoltaic roof- and ground-mounted systems servicing nonresidential
uses shall comply with the following safety and emergency response
provisions:
(a)
Individual roof-mounted solar or photovoltaic panel arrays shall
not exceed 150 feet by 150 feet in area. Where more than one panel
array is to be installed, eight-foot separation areas between panel
arrays shall be provided such that adjacent panel arrays shall be
located not less than eight feet from adjacent panel arrays. Each
eight-foot separation area shall be reinforced so as not to cause
damage to the roof while maintenance is performed and to ensure that
adequate support for firefighter access is provided in the event of
an emergency. If skylights or roof hatches are installed in the roof,
each skylight or roof hatch shall have a four-foot-wide walkway leading
to each and be clear of solar panels for four feet in all directions.
(b)
Nonresidential roof installations shall provide ventilation access
points in the roof, which shall be not less than eight feet by four
feet, at intervals in the roof that are not less than 20 feet distant
from each.
(c)
Ground-mounted systems shall provide emergency vehicle access to
all components and shall include access roads not less than 20 feet
in width, which shall be reinforced or suitably improved to support
the weight of typical fire department apparatus. Turning areas shall
be provided, and each bend or turn in the access road shall provide
an adequate turning radius for firefighting apparatus maneuvering.
[1]
Reinforced access roads shall extend to within 50 feet of all exterior
doors which provide access to the interior of a building.
[2]
Where it can be demonstrated to the satisfaction of the Fire Company
and First Aid and Rescue Squad that the access road is not required
to extend to within 50 feet of a building, such distance may be increased
in accordance with applicable building and fire access codes.
(d)
An exterior electrical disconnect/emergency shutoff which deenergizes
the system shall be provided, which shall be plainly marked with a
reflective placard identification.
(e)
Site labeling. Each site containing a solar or photovoltaic energy
facility shall include a sign indicating that the energy facility
exists on site, indicating whether the system is a roof- or ground-mounted
system. Such sign shall be conspicuously mounted at the driveway entry
to the site.
(f)
In accordance with the latest edition of the National Electrical
Code update, all conduit extending between solar or photovoltaic panel
arrays and inverters and transformers shall be marked every 10 feet
to indicate electrical danger to firefighters and EMT personnel in
the event conduit is accidentally or must be intentionally cut as
part of emergency response.
(g)
Security fencing and gates shall be fully erected and operational
prior to the installation of solar or photovoltaic energy facility
installation.
(h)
Knox Boxes shall be provided at all locked locations on site (i.e.,
gates, doors to buildings, etc.).
(i)
Ground-mounted facilities shall include at least two means of ingress
and egress for emergency response. In addition to any fire protection
code requirements, all inverter sheds or other electrical equipment
buildings shall be fitted with at least two doors with one twenty-pound
CO2 fire extinguisher located immediately inside of each door.
(j)
An emergency response plan shall be provided, filed and maintained
with the Fire Company and Emergency Squad which shall include site-specific
training to be provided by the owner of each facility on at least
a biannual basis if requested by emergency providers. The emergency
response plan shall include:
[1]
Emergency response procedures to be followed in the event of an emergency,
which shall include Fire Company and First Aid and Rescue Squad training,
including training before planning an operation;
[2]
Evacuation procedures (on site and for off-site neighboring properties
and residents);
[3]
Site-specific information concerning the location of panels, grid
identification diagrams, contact names and numbers for 24/7 availability
of contact personnel named;
[4]
A system of information placards, which shall be conspicuously mounted
at eye level, and which shall be updated within two weeks of any changes
to contact information, and which shall include information identifying
all possible hazards and exit routes from the facility;
[5]
A two-tag identification system for anyone entering the energy facility
site, which shall provide for the following procedures:
[a]
One tag shall be kept in the service vehicle indicating the
name of the individual and his/her employer;
[b]
One tag (the second tag) shall be placed at the point of entry
of any building or in the case of site-roaming service, the point
of departure into the site. When roaming in the field, the tag shall
be clipped to the gate nearest to the location where service will
be performed.
(k)
Site address. All sites shall secure a street address from the Township
911 Coordinator, which shall be posted at the main entrance gate to
the facility.
(l)
Material safety data sheets (MSDS) shall be submitted to emergency
response providers for all component materials comprising the solar
modules, panels, or arrays or other equipment which contain hazardous
or flammable substances.
(m)
Prior to the issuance of a certificate of occupancy, the Fire Department
and Emergency Squad will be provided access to the solar facility
to allow for review of existing conditions, their conformance with
emergency access and allow for emergency responders to gain familiarity
to the site.
(8)
The
use of lead-acid batteries shall not be permitted in major solar energy
systems and facilities. This prohibition shall not extend to minor
solar or photovoltaic energy facilities.
(9)
Cadmium
telluride solar panels shall not be permitted.
(10)
Where solar facility inverters and switch gear equipment may be enclosed
within a structure, such structures shall include at least two means
of ingress and egress for emergency response.
(11)
Open lands requirements. In the AR-2 Zone, and in accordance with the provisions of § 132-102P(1)(b), all applications for major solar and/or photovoltaic energy facilities and structures shall comply with the following open lands requirements:
(a)
A stormwater management system for the tract may be located in the
open lands parcel; however, the land area of any detention or retention
basin or drainage swale shall not be counted toward the minimum open
land area requirement.
(b)
Open lands shall contain a minimum lot circle of 300 feet.
(c)
Rights-of-way or cartways of any existing or proposed road or driveway
shall not be included in the calculation of the open lands.
(d)
New agricultural construction (e.g., barns, shelters and greenhouses)
shall not result in an impervious surface coverage in excess of 10%
of the total acreage of the preserved open lands. New agricultural
construction shall be located a minimum of 200 feet from the property
line.
(e)
Open lands may be deed restricted for use consistent with § 132-61A(11)(e) below, and made subject to the protections that the Township Right-To-Farm Ordinance, § 74-1, confers on agricultural operations.
(f)
The solar or photovoltaic energy system and facilities portion of the tract or tracts of lands shall be buffered and screened from view from the open lands required in accordance with the requirements of § 132-61A(4) and all applicable buffering and screening requirements.
(g)
Open lands shall be bordered on no more than two sides of the solar
or photovoltaic energy system and facilities situated on the tract.
[1]
Open lands guidelines. The following guidelines should be considered
in determining the configuration and location of open lands:
[a]
Preserved open lands shall be configured in such a manner as
to facilitate agricultural use. Factors such as, but not limited to,
proximity of the open lands to adjacent tracts containing farming
operations, the ability to create large contiguous tracts of open
lands or farmland and the desirability of maximizing separation between
the solar or photovoltaic energy facility and existing off-site residential
units should be considered.
[b]
In order to maintain the rural character and scenic viewsheds
of the Township, as perceived from the public rights-of-way, open
lands should be located in such manner as to preserve scenic vistas
and preserve the rural character of farmsteads, barns and homesteads
after development.
[c]
Where tracts include existing farmland operations, designated
open lands should be configured to preserve such uses, to the greatest
extent possible, in order to facilitate the continuation of farming.
[d]
Proposed roads should be located within the portion of the property
utilized for the major solar or photovoltaic energy facility. It is
the intent of this subsection to keep the open lands portion of the
tract continuous and free of roadway intrusions; however, adequate
access must be provided to the open lands area.
[e]
Open lands created as a result of these regulations may be used
for recreation, agriculture, or resource conservation. No buildings
or structures shall be constructed or maintained on the deed-restricted
open lands except such structures that are accessory to the agricultural,
natural resource conservation or open lands use.
(12)
Decommissioning plan. All applications for a major solar facility
shall be accompanied by a decommissioning plan to be implemented upon
abandonment, or cessation of activity, or in conjunction with removal
of solar energy systems. The decommissioning plan shall be submitted
in accordance with the requirements of this section. Prior to removal
of solar energy systems, a demolition permit for removal activities
shall be obtained from the Kingwood Township Construction Official.
Prior to issuance of a demolition permit, the owner or operator of
the facility shall post a performance bond to ensure removal of the
facility or systems in accordance with the decommissioning plan. Removal
of solar energy systems shall be conducted by an electrician licensed
in the State of New Jersey.
(a)
Solar and photovoltaic energy facilities and structures (roof or
ground) which have not been in active and continuous service for a
period of one year shall be removed from the property to a place of
safe and legal disposal in accordance with a decommissioning plan.
(b)
If the applicant ceases operation of the energy project for one year;
or begins, but does not complete construction of the project within
180 days of receipt of final site plan approval, the applicant shall
restore the site according to a decommissioning plan prepared by the
applicant and approved by the Board. The applicant shall submit a
decommissioning plan that ensures that the site will be restored to
a useful, nonhazardous condition without significant delay, including
but not limited to the following:
[1]
Removal of aboveground and underground equipment, structures and
foundations to a depth of at least three feet below grade. Underground
equipment, structures and foundations need not be removed if they
are at least three feet below grade and do not constitute a hazard
or interfere with agricultural use or other resource uses of the land.
The plan shall describe the means by which all equipment and components
of the system(s) shall be disposed of in an environmentally responsible
manner and in accordance with prevailing federal, state and/or local
regulations.
[2]
Restoration of the surface grade and soil after removal of aboveground
structures and equipment.
[3]
Restoration of surface grade and soil.
[4]
Revegetation of restored soil areas with native seed mixes and plant
species suitable to the area, which shall not include any invasive
species. In farmland areas, the revegetation component of the decommissioning
plan may include provisions to resume agricultural use of the site.
[5]
The plan may provide for the retention of access roads, fences, gates
or buildings in place or regarding restoration of agricultural crops
or forest resource land.
[6]
The plan must provide for the protection of public health and safety
and for protection of the environment and natural resources during
site restoration.
[7]
The plan must include a schedule for completion of site restoration
work.
(c)
A cost estimate shall be provided for the cost of fully implementing
the decommissioning plan prior to the issuance of a demolition permit.
The cost estimate shall be subject to review and approval by the Township
Engineer.
(d)
Before beginning any decommissioning activities, the applicant must
submit a performance bond in a form and amount satisfactory to the
Township Attorney, which shall be based upon an estimate approved
by the board engineer, assuring the availability of adequate funds
to restore the site to a useful, nonhazardous condition in accordance
with the decommissioning plan.
(e)
Upon cessation of activity for a cumulative period of 180 days of
construction or installation activities of an approved major solar
or photovoltaic energy system, the Township may notify the owner and/or
the operator of the facility to complete construction and installation
of the facility. If the owner and/or operator fail to complete construction
and installation activities within 180 additional days, the Township
may order the owner and/or operator of the facility to implement the
decommissioning plan. Within six months of notice being served, the
owner and/or operator shall substantially complete all activities
in the decommissioning plan.
(f)
Upon cessation of activity of a fully constructed major solar or
photovoltaic energy system for a cumulative period of one year, the
Township may notify the owner and/or the operator of the facility
to implement the decommissioning plan. Within 180 days of notice being
served, the owner and/or operator shall either resume energy generation
to at least 80% capacity of the facility or system as established
at the time of approval, or fully implement the decommissioning plan.
If, within 180 days of receipt of notice, the owner and/or operator
of the facility or system fail to resume energy generation to at least
80% of capacity of the facility or system as established at the time
of approval, the Township may order the owner and/or operator of the
facility to implement the decommissioning plan.
(g)
If the operator fails to fully implement the decommissioning plan subject to the procedures and time lines set forth in Subsection A(12)(e) and (f) above, or is otherwise unable to restore the site as required within 180 days of the Township’s service of notice in accordance with this section, the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may in accordance with the law recover all expenses incurred for such activities.
