Knowlton City Zoning Code
ARTICLE 37
Farmland Preservation Zone FP Regulations
§ 11-292 Permitted principal uses and structures.
Permitted principal uses and structures in the FP Zone shall be as follows:
A.
Detached single-family dwelling.
B.
Farms. Associated farm structures are permitted, provided that there is a minimum of five acres dedicated to agriculture. It is intended that a single-family residence may be established on the same lot used for agricultural purposes as set forth above. In that event, the lot shall then have a minimum lot area of one acre for the single-family residence.
[Amended 12-22-2005 by Ord. No. 05-22]
C.
Wood lots.
[Amended 12-22-2005 by Ord. No. 05-22]
D.
Parks, playgrounds, firehouses, libraries and municipal buildings.
E.
Community residences for the developmentally disabled.
[Added 4-27-1995 by Ord. No. 95-5]
F.
Community shelters for victims of domestic violence.
[Added 4-27-1995 by Ord. No. 95-5]
§ 11-293 Permitted accessory uses and structures.
Permitted accessory uses and structures in the FP Zone shall be as follows:
A.
Private garages.
B.
Farm stands in connection with a farm.
C.
Private swimming pools and tennis courts.
D.
Residential accessory structures and buildings.
E.
Signs.
F.
Agricultural uses on tracts of less than five acres accessory to a single-family home.
G.
Home occupations.
[Added 4-23-1998 by Ord. No. 98-3]
H.
Home offices.
[Added 4-23-1998 by Ord. No, 98-3]
I.
Agricultural tourism.
[Added 4-23-1998 by Ord. No. 98-3]
J.
Bed-and-breakfast homestay.
[Added 4-23-1998 by Ord. No. 98-3]
K.
Country inn.
[Added 4-23-1998 by Ord. No. 98-3]
L.
Dude ranches.
[Added 4-23-1998 by Ord. No. 98-3]
M.
Equestrian centers.
[Added 4-23-1998 by Ord. No. 98-3]
N.
Historic tourism.
[Added 4-23-1998 by Ord. No. 98-3]
§ 11-294 Conditional uses.
Conditional uses in the FP Zone shall be as follows:
B.
Churches and other houses of worship.
C.
Essential services.
D.
Nursery schools.
F.
Accessory apartments.
[Added 10-14-1997 by Ord. No. 97-12]
G.
Campgrounds.
[Added 3-27-1999 by Ord. No. 99-2]
H.
Golf courses. (See Article 51)
[Added 6-14-1999 by Ord. No. 99-5]
I.
Cellular antennas and cellular towers (see Article 41.1).
[Added 9-11-2000 by Ord. No. 00-12]
J.
Major solar or photovoltaic energy facility or structure. [See Article 35.2, § 11-283.2B(2).]
[Added 6-11-2012 by Ord. No. 12-04]
§ 11-295 Preexisting lots. [1]
[Added 4-23-1998 by Ord. No. 98-3; amended 6-12-2000 by Ord. No. 00-10; 12-22-2005 by Ord. No. 05-22]
Existing lots may be developed with single-family uses in accordance with the bulk requirements for this zone with the exception of lot size. See § 11-282E(1)
[1]
Editor's Note: Former § 11-295, Preexisting lots, was repealed 10-26-1995 by Ord. No. 95-10.
§ 11-296 Density and bulk requirements.
[Amended 9-12-1994 by Ord. No. 94-8; 4-27-1995 by Ord. No. 95-5; 10-26-1995 by Ord. No. 95-10; 9-8-1997 by Ord. No. 97-11; 4-23-1998 by Ord. No. 98-3; 3-27-1999 by Ord. No. 99-2; 6-14-1999 by Ord. No. 99-5; 6-12-2000 by Ord. No. 00-10; 7-25-2002 by Ord. No. 02-12; 7-31-2003 by Ord. No. 03-10; 9-8-2003 by Ord. No. 03-15[1]; 12-22-2005; 5-12-2008 by Ord. No. 08-02a]
The following requirements shall apply to all new minor and major subdivisions and site plans except campgrounds and golf courses.
A.
Density.
(1)
The maximum permitted density within the district shall be zero and one-tenth (0.1) units per acre. In order to calculate the maximum permissible number of lots, the total gross tract acreage is multiplied by zero and one-tenth (0.1). See Diagram 1.[2] In order to calculate the number of lots to which a subdivider is entitled for a clustered major subdivision, the subdivider shall submit a qualifying plat map showing the development according to the non-clustered lot size and bulk requirements of the zoning district and another plat map showing the development as modified in accordance with the cluster provision of the zoning district. In no event shall the density of development throughout the proposed subdivision exceed the exact number of lots that would be permitted to be built if such development had proceeded on the non-cluster lot size provision. The plat showing the subdivision at its non-clustered lot size shall be the governing factor in establishing a yield or a number of lots for that particular subdivision. That yield shall be the final determining factor for the number of lots that may be achieved if the cluster option were selected.
[2]
Editor's Note: Diagrams are included in Appendix 2 at the end of this chapter.
(2)
Where clustering results in open space in excess of 25 acres, an existing single-family dwelling may be retained. This dwelling shall be permitted in addition to the tract density as calculated above.
B.
Minimum lot size with individual well and septic: 60,000 square feet.
C.
(Reserved)
E.
Maximum total lot disturbance: 50% of lot area or 35,000 square feet, whichever is less. Site disturbance shall include all areas to serve the purpose of the construction of buildings and structures, as well as all graded areas and lawns. All areas disturbed for driveways shall not be included in the total lot disturbance calculation for a lot on which the driveway is located. The total shall include disturbed areas, both inside and outside the building envelope. (See Diagram 3.[4])
[4]
Editor's Note: Diagrams are included in Appendix 2 at the end of this chapter.
F.
Maximum total tract disturbance for public improvements, including streets and stormwater management facilities: 7% of gross tract area. All improvement-related disturbance shall be included in this calculation, including areas of grading and vegetation removal as well as the cartways and basins.
G.
Maximum floor area per lot shall be equal to 20 times the lot width but in no case shall the FAR exceed 0.10 on any lot.
H.
Minimum lot width shall be 200 feet.
I.
Minimum front yard setback from a public street shall be 50 feet.
J.
Minimum side yard setback on each side shall be 0.010 times the gross building area.
K.
Minimum rear yard setback shall be 50 feet.
L.
Maximum impervious coverage shall be 15%.
Q.
The maximum height of any farm structure shall be 45 feet with the exception of silos and cupolas.
R.
The maximum square footage allowed for all farm structures on a single lot shall not exceed 1% of the total square footage of the lot with a maximum size of any single structure to be more than 20,000 square feet.
S.
No farm structure shall be built within 50 feet of any property line, and structures greater than 2,000 square feet or structures used for the maintenance of livestock or other animals shall not be located within 100 feet of any property line. Silos shall not be located closer to any property line than the height of the silo plus 50 feet.
T.
Farm stands in conjunction with an on-site farm may be located within any required front yard; provided, however, that they shall not be located within 10 feet of the street right-of-way line.
U.
In the FP Zone, the maximum height of a dwelling shall be 35 feet. For all other structures the minimum front, side and rear yard setbacks for a structure with a height over 20 feet shall be increased by two feet for each one foot of the height of the structure in excess of 20 feet.
V.
In the FP Zone, the minimum front, side and rear yard setbacks for an accessory building of over 1,000 square feet of footprint shall be increased by 1.5 feet for each 100 square feet or portion thereof, of footprint in excess of 1,000 square feet.
[1]
Editor's Note: This ordinance also provided that the amended provisions do not apply to any application for subdivision submitted to the Planning Board by 7-31-2003, and deemed complete by 12-31-2003.
§ 11-296.1 Density and bulk requirements for campgrounds.
[Added 3-27-1999 by Ord. No. 99-2]
The following conditions shall apply to all new development:
A.
A campground shall be allowed a maximum total land disturbance of 30%.
B.
The minimum spacing between new campsites and any campground boundary shall be 50 feet with the provision of adequate buffering. The minimum spacing between new campsites and the campground property line shall be 100 feet with the provision of adequate screening. For campsites greater than 150 feet from the campground property line, adequate buffering shall be provided.
C.
Minimum spacing between a recreational facility or other structure, other than a campsite, and a campground boundary shall be 100 feet, except that an office and its support facilities or front gate shall require a minimum distance of 50 feet from a public road.
D.
The maximum square footage allowed for all existing and proposed buildings in a campground shall not exceed 2% of the total square footage of the campground. The maximum size allowed for any building shall not exceed 15,000 square feet.
E.
The maximum height of any structure shall be 35 feet.
F.
All outdoor storage, including but not limited to campsite maintenance equipment, recreational vehicles and camping equipment shall be set back 50 feet and screened from any public road, as approved by the Approving Board, except that if the setback is greater than 150 feet, buffering shall be provided.
§ 11-297 Design standards.
[Amended 3-27-1999 by Ord. No. 99-2; 6-14-1999 by Ord. No. 99-5]
The following criteria shall be considered design standards for all new minor and/or major subdivisions, except campgrounds and golf courses, pursuant to the New Jersey Municipal Land Use Law, as amended. All of these standards may not be achievable on every subdivision; for this reason, each application shall be carefully considered on its merits and waivers shall be granted where appropriate.
A.
Lot frontage.
(1)
Each individual parcel is required to provide safe and efficient access.
(2)
Where a lot abuts an existing public street, the minimum lot frontage shall be 50 feet.
(3)
Lots utilizing common drives for access shall not be required to have frontage on a public street, provided that there is deeded access.
[Amended 12-22-2005 by Ord. No. 05-22]
B.
Locating building envelopes. The purpose of these standards is to minimize the impact of construction upon sensitive environments, to preserve agriculture, to preserve the township's rural character and to minimize the visual impacts of development:
(1)
Building envelopes shall be selected which do not include the unwooded crests of hills. "Hillcrests" shall be defined as those specifically identified on Figure 1, Appendix 5, in this volume.[1] Building envelopes may include hilltops if the trees on the lot exceed 35 feet in height and they are substantially retained. These lots shall include deed restrictions against tree removal.
[Amended 4-23-1998 by Ord. No. 98-3]
[1]
Editor's Note: Appendix 5, Figure 1, is included at the end of this chapter.
(3)
Building envelopes shall not include wetlands, transition areas and floodplains.
(5)
Driveways, septic areas and wells may be located outside of the building envelope, but are to be included in calculations for lot disturbance.
C.
Clustering and open space management plan. In order to minimize the impact that development will have within the Farmland Preservation Zone, clustering is mandatory for all major subdivisions of 50 acres or more and is optional for minor subdivisions and major subdivisions of less than 50 acres.
[Amended 7-25-2002 by Ord. No. 02-12; 12-22-2005 by Ord. No. 05-22; 7-8-2013 by Ord. No. 13-07]
(1)
Clustering shall be permitted only upon the submission and implementation of an open space management plan that is acceptable to the Planning Board. (See diagram 8a, b[4] and requirements for the open space management plan below.)
[4]
Editor's Note: Diagrams are included in Appendix 2 at the end of this chapter.
(2)
Major subdivisions consisting of 50 acres or more must cluster in accordance with this chapter.
(3)
No increase in density shall be permitted when clustering.
(4)
If an open space management plan acceptable to the Planning Board is not possible for a tract of less than 50 acres, then the building lots shall be increased in size to include the entire tract area, and conservation easements shall be used to restrict the area identified as open space on the proposed cluster plan. (See diagram 9.[5])
[5]
Editor's Note: Diagrams are included in Appendix 2 at the end of this chapter.
(6)
The minimum open space shall be 25 contiguous acres, but is not required to be contained entirely on a single lot.
(7)
At least 50% of all major subdivisions consisting of 50 acres or more shall remain as open space.
(8)
Areas selected as farmland open space shall be those most favorable for continued agricultural use and shall remain farmable. Farming operations shall be carried on in accordance with a natural resources conservation plan and as approved by the Warren County Soil Conservation District.
(9)
Areas selected for open space, for use by residents of the development or the general public, shall be land which is suitable for the type of recreation purposes proposed, shall be designed with massing and linkage as guiding principles, shall have at least two fifteen-foot-wide pedestrian access points accessible from an existing or proposed public roadway, and shall be selected to include scenic views and areas that are visually appealing. (Refer to Article 48, Recreation, for additional information.)
(10)
No sludge or sludge-derived products shall be used on any open space.
(11)
Deed restrictions shall be placed on all lands defined as open space.
(12)
Open space management plan. An open space management plan shall accompany every application in which clustering is a component of the application. Depending upon the use of the open space, one of the following plans shall be completed for the Planning Board's review and approval. The plan shall include, at a minimum, the components designated below for each type of open space.
(a)
Open space used for agriculture.
[1]
A copy of the Tax Map, at a scale of at least one inch equals 400 feet, showing the areas to be preserved as farmland.
[2]
General description of the physical features and principal types of vegetation on the land, and the procedures developed to ensure that agricultural work shall be done in accordance with a natural resources conservation plan, as approved by the Warren County Soil Conservation District and requirements in this chapter.
[3]
Description of procedures developed to ensure that consideration shall be given to mitigation of site-specific nuisance factors, as they affect the neighboring land.
[4]
A copy of the deed restriction covering the land to insure that it shall remain as farmland in perpetuity.
(b)
Common and public open space for use by persons in development or the general public.
[2]
Maps of a portion of the tract, at a scale of at least one inch equals 100 feet, showing the proposed open space and the features to be included therein.
[3]
Readable and legible maps at a scale of at least one inch equals 200 feet showing the following features where they exist on the tract and within 500 feet of the tract:
[4]
A detailed description of the purpose, uses and means of maintenance of the proposed open space. (See also Article 48, Recreation.)
[5]
Description of procedures developed to show how the proposed open space shall be administered and maintained into the future.
[6]
A list of the recreation equipment and/or furnishings (if any) to be installed on the site and plans to maintain and replace such equipment and furnishing as needed.
[7]
A copy of the legal document which shall show how the imposed conditions shall be enforced and maintained in the future.
[8]
A copy of the proposed deed restriction covering the land to insure that it shall remain as open space in perpetuity.
D.
Deed restrictions. Subdivision plans shall be required to provide appropriate deed restrictions for all subdivisions, and specifically including the area of protected farmland and open space. The legal instrument shall be drafted in general accordance with the recommendations and language contained in Appendix 4 of this chapter.[7]
[Amended 2-8-2002 by Ord. No. 02-3]
(2)
Critical areas located outside of building envelopes shall contain conservation easements. These critical areas shall include slopes in excess of 35%, floodplains and open water bodies.
(3)
All subdivision plats shall contain a reference to any required conservation easement.
(4)
The maximum lot yield for a tract shall be established at the time of the initial application for development of a tract. This lot yield shall not be exceeded in subsequent subdivisions. All lots shall include a deed restriction against further subdivision which would result in the creation of a lot yield greater than that established at the time of the initial application, subject to subsequent zoning changes.
[Amended 7-8-2013 by Ord. No. 13-07]
(5)
All lots using common driveways shall provide a driveway maintenance agreement to be reviewed and approved by the Board. The maintenance agreement shall include an escrow fund to ensure that the driveway will be maintained and shall be written in general accordance with the agreement shown in Appendix 3.[9]
[9]
Editor's Note: Appendix 3, Driveway Maintenance Agreement, is included at the end of this chapter.
(6)
Provisions shall be made at the time of subdivision approval to ensure that any and all necessary improvements such as common driveways are in place prior to the conveyance of any lot.
[7]
Editor's Note: Appendix 4, Conservation Easement, is included at the end of this chapter.
E.
Public roads. It is the intent of this chapter to minimize the amount of site disruption caused by roadways and the associated grading required for their construction. The standards required in Part V, Design Standards, for local streets and culs-de-sac apply in addition to those listed below. Where the following standards conflict with those appearing in Part V, Design Standards, the following standards shall apply:
(1)
Maximum number of units per public dead-end street: 20.
(2)
Minimum distance between access points on off-site public roads: 200 feet. Access points shall include individual and common driveways and on-site public roadways. (See Diagram 11.[10]) This distance limitation shall apply to both on-site and off-site access points.
[10]
Editor's Note: Diagrams are included in Appendix 2 at the end of this chapter.
F.
Common driveways. It is the intent of this chapter to use both common drives and private drives for access to the residential lot, provided that the following standards are satisfied. In addition to the standards required for driveways in Part V, Design Standards, the following additional standards shall apply for common driveways:
(1)
The number of driveways accessing off-site public streets shall be kept to a minimum.
(2)
The appropriate use of common driveways is encouraged. Where lots will access an off-site public street, common driveways shall be used where appropriate to minimize the number of curb cuts required. (See Diagram 12.[11])
[11]
Editor's Note: Diagrams are included in Appendix 2 at the end of this chapter.
(4)
Minimum common driveway width: 12 feet paved with two-foot graded stone shoulders. The minimum right-of-way easement shall be 35 feet.
[Amended 2-8-2002 by Ord. No. 02-3]
(7)
All lots using common driveways shall provide a driveway maintenance agreement to be reviewed and approved by the Board. The maintenance agreement shall include an escrow fund to ensure that the driveway will be maintained and shall be written in general accordance with the agreement shown in Appendix 3.[15]
[15]
Editor's Note: Appendix 3, Driveway Maintenance Agreement, is included at the end of this chapter.
(8)
All standards of the Township Driveway Ordinance shall apply in this zone.
G.
Central water facilities. Central water storage facilities are not encouraged due to the fact that the water towers are often highly visible and become dominant features of the landscape. However, when site specific hydrologic characteristics require their use, the following standards shall be met:
H.
Permissible development adjoining waterways and lakes. Development shall be limited within highly environmentally sensitive areas around rivers and lakes. The following standards shall be imposed in a buffer area of 100 feet adjoining all waterways, including intermittent brooks, streams and rivers, and all lakes covering over one acre or more:
I.
J.
Fencing. In addition to the standards required for fencing in Part V, Design Standards, the following standards shall be met. In order to permit the free movement of wildlife and to preserve the open character of the township, fencing is generally discouraged.
(3)
Critical areas located outside of building envelopes shall not be fenced.
(4)
Permitted principal or accessory agricultural use areas may be fenced with transparent fencing such as split rail or box wire fencing. This fencing may be located anywhere within the lot line. Chain link fencing shall not be considered as transparent fencing.
K.
Lighting. Since artificial lighting is often highly visible and adversely affects the rural character of an area, it is specifically discouraged, except for the specific categories listed below:
L.
Concrete engineered structures. In any development, some engineered structures are necessary for access and drainage. In order to accommodate the installation of infrastructure while reducing its impact, the following standards shall apply:
M.
Guardrails. Guardrails shall be constructed of wood. They will be required with side slopes steeper than three to one and depths greater than nine feet.
[Amended 4-27-1995 by Ord. No. 95-5]
§ 11-297.1 Design standards for new development in campgrounds.
[Added 3-27-1999 by Ord. No. 99-2]
The following criteria shall be considered design standards for site plans for new development at campgrounds. All of these standards may not be achievable on every site plan; for this reason, each application shall be carefully considered on its merits and waivers may be granted where appropriate.
A.
Campsites may be clustered in one or more areas of the campground, but such clustering shall not decrease the total area required for a campground.
B.
In order to maintain the aesthetic appeal of a quiet woodland environment, all new campsites, parking areas and buildings shall be buffered from any public road and any campground boundary. The buffering shall be maintained during the life of the campsite, building or parking area in order to conceal these objects as much as possible beyond the campground boundary or from any public road.
C.
Campsites shall be at least 100 feet from a water body or wetlands or as regulated by the Department of Environmental Protection. (DEP)
D.
Each campground is required to provide safe and efficient access to each campsite, as required in the current edition of the State Campground Code. Site plan approval shall be required for emergency access.
E.
Building envelopes shall be selected which do not include them in wooded crests of hills.
F.
Landscaping. Existing vegetation shall be preserved in areas where disturbance is not necessary. Where landscaping is proposed, native species shall be included. Where building envelopes are located in woodlands, a treed area of at least 30 feet between the building envelope and the roadway shall be retained.
G.
Permanent site lighting. Artificial lighting and site lighting are specifically discouraged and shall be permitted only when warranted to address specific safety conditions. All needed lighting shall be kept close to the ground. Lights above 20 feet in height are specifically prohibited. All lighting, including locations and intensities, shall be subject to approval by the Approving Board.
H.
The configuration of all roofs shall be of a pitch design. A slope of 3 to 12 shall be the minimum; a slope of 6 to 12 is recommended.
I.
All facades of the structures shall be of a finished configuration. The finished configuration shall be of wood, brick or stone facing, solid brick or stone or some other accepted durable material. No unimproved facades are allowed.
J.
All structures shall be architecturally designed so as to be aesthetically in keeping with the surrounding area and as approved by the Approving Board. The location and placement of any buildings on the land shall be done in a manner to ensure, while meeting required setback and rear line requirements, the best possible blending of land and building in keeping with the historic, rural character of Knowlton Township.
K.
The exterior of accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those of the principal structures.
L.
All heating, ventilating and air conditioning equipment shall be visually screened from public view. Such equipment shall be acoustically screened to comply with applicable state and local noise level standards.
M.
Concrete engineered structures. In any development, some engineered structures are necessary for access or drainage. In order to accommodate the installation of infrastructure while reducing its impact, the following standards shall apply:
N.
Guardrails shall be constructed of wood. They will be required when side slopes of roads are steeper than 3 to 1 and depths greater than six feet.
O.
With the intent to minimize impervious coverage where it is not necessary, parking spaces or areas, except those at individual campsites, shall be made of paver blocks, grass turf blocks or similar semi-impervious building material, at the discretion of the Approving Board. Parking areas shall be buffered from view of adjacent residential property and roads. Parking areas at individual campsites shall be left unimproved, if possible.
P.
All interior roads and travel lanes shall be designed to reduce or eliminate a dust nuisance to adjacent property.
Q.
One noninternally illuminated sign not exceeding 18 square feet shall be permitted at the camp entrance. Within the campground, noninternally illuminated directional and traffic signs shall be permitted.
R.
Campgrounds must conform to the New Jersey Administrative Code noise standards. Loudspeakers may be used only for emergency uses or in order to make announcements. Nonemergency loudspeaker announcements shall be made at no greater frequency than one five-minute interval in any three-hour period and only between the hours of 10:00 a.m. and 8:00 p.m.
S.
Camp owners and proprietors shall take reasonable measures to control noise, loud radios and loud music so that campground noise is not audible beyond the limits of the campground. Camp owners and proprietors shall make reasonable efforts to encourage and persuade their clients to use caution and show consideration on the roads leading to and from the campgrounds as a courtesy to the local residents. The steps so taken shall be disclosed to the Approving Board as part of the site plan review.
§ 11-298 Supplemental regulations governing principal permitted uses and structures.
A.
Agricultural uses. Agricultural uses, as defined in this chapter, including customary farm occupations or lands which qualify as farmland, as defined herein, shall be permitted in this zone, subject to the following conditions:
(1)
Buildings may be utilized for horticulture, nurseries, greenhouses and dairy farms and for the growing, raising, harvesting and sale of agricultural crops.
(2)
The display for sale of products grown or raised by the owner, tenant or lessee shall only be permitted where:
(a)
The products sold are in their natural state.
(b)
The sale of such products is within the confines of the property upon which they have been grown or raised.
(c)
The place of sale or storage of any such products, whether of a permanent or temporary nature, shall not be closer than 100 feet to any side or rear lot line. One farm stand shall be permitted on the property.
[Amended 12-8-1997 by Ord. No. 97-13]
(d)
The sale of any such products shall not have a deleterious effect on adjoining properties by reason of nuisance or health hazard or other factors as specified herein.
(e)
The sale of any such products shall also require that a suitable amount of off-street parking and loading space be required as provided herein.
B.
Restrictions on residential lots for nonhousehold animals. The following restrictions shall be met where nonhousehold animals are kept on residential lots.
[Amended 2-7-2011 by Ord. No. 11-05]
(1)
A minimum lot area of 1/2 acre shall be required for the keeping of six fowl and/or rabbits, total and may be increased at the rate of three fowl and/or rabbits for each additional 1/2 acre of land. The keeping of roosters shall be prohibited on lots less than two acres.
(2)
A minimum lot area of two acres shall be required for the keeping of one pastoral animal and may be increased at the rate of one pastoral animal for each additional 1/2 acre of land.
(3)
No owner of any nonhousehold animal shall suffer or permit such animal to be upon any private property, other than the premises of the owner, without the consent of the owner or tenant of said private property.
(4)
All nonhousehold animals shall be kept in the rear yard only and may be contained in a fenced area, in which case, the fence shall be kept four feet from the property line.
(5)
Further provided that any such animal must be provided with a stable or coop and further provided that said stable or coop shall conform to the setback requirements for the zone wherein it is located.
(6)
In addition to the requirements hereinabove for all nonhousehold animals, the stable or coop required to be constructed hereinabove must be built and maintained so as not to create offensive odors, fly breeding, attraction of vermin or other nuisances; and manure must be collected and maintained in a sanitary manner so as to prevent offensive odors, fly breeding or other nuisances.
C.
Existing structures.
(1)
When a tract contains existing structures deemed to be of historic or architectural significance and where these structures are suitable for rehabilitation, the structures shall be retained.
(2)
Adaptive reuse of existing structures for residential use or permitted accessory residential uses shall be permitted.
D.
Buffer requirements.
(1)
Residential developments abutting active agricultural uses shall provide buffering or increased lot depths to reduce the impact of agricultural nuisance factors and to reduce the impact of the residential development on the agricultural use.
(2)
Restrictions on buffer zone.
(a)
No principal or accessory structure other than as may be provided herein, nor any off-street parking or loading areas or other use, shall be permitted within the buffer zone.
(b)
No access or driveways other than as may be permitted by the Approving Board shall be permitted within the buffer zone.
(c)
Buffer zones shall be maintained in their natural state when wooded, and when natural vegetation is sparse, plant material or fencing may be required, as determined by the Approving Board.
(d)
Underground utility easements shall be permitted when deemed necessary or desirable by the Approving Board.
(e)
Unless otherwise specified in this chapter, all buffer zones shall be a minimum of 10% of the minimum lot width or lot depth in the zone in which it is located; provided, however, that no buffer zone need be greater than 100 feet.
(f)
The area encompassed in the buffer zone may be utilized for the purpose of computing lot coverage and yard setbacks.
§ 11-299 Supplemental regulations governing accessory uses and structures.
A.
General. Accessory nonagricultural structures may be erected, provided that:
[Amended 9-12-1994 by Ord. No. 94-8; 6-12-2000 by Ord. No. 00-10]
(1)
No accessory structure shall be used for human habitation.
(2)
When an accessory structure is attached to the principal building, it shall be considered as a part of the principal building, and it shall comply in all respects with the requirements of this chapter applicable to the principal building.
(3)
The maximum height of any accessory building shall be 28 feet.
[Amended 2-8-2002 by Ord. No. 02-3]
(4)
The maximum square foot area of all accessory buildings on any single residential lot shall not exceed 1,200 square feet for lots less than two acres, 1,500 square feet for lots not less than three acres, 1,800 square feet for lots not less than five acres and 2,300 square feet for lots not less than 10 acres. This calculation shall include the square footage of accessory nonagricultural structures and agricultural structures.
[Amended 6-12-2000 by Ord. No. 00-10; 2-8-2002 by Ord. No. 02-3]
(5)
No accessory building or structure shall be permitted in any front yard, with this exception: one structure may be erected in the front yard, providing: (a) the lot is four acres or more; (b) the accessory structure is at least 200 feet from any road; and (c) the structure shall be appropriately screened by dense plantings of trees and shrubs, which shall be perpetually maintained.
[Amended 2-8-2002 by Ord. No. 02-3; 12-22-2005 by Ord. No. 05-22]
(6)
Patios may be located in rear and side yards. The minimum setback from any lot line shall be 10 feet. See § 11-278C.
[Amended 6-12-2000 by Ord. No. 00-10; 12-22-2005 by Ord. No. 05-22]
(7)
Accessory structures must be located within the building envelope.
[Added 4-27-1995 by Ord. No. 95-5]
B.
Accessory agricultural structures may be erected, provided that:
[Added 9-12-1994 by Ord. No. 94-8]
(1)
No accessory structure shall be used for human habitation.
(2)
When an accessory structure is attached to the principal structure, it shall be considered as part of the principal structure, and it shall comply in all respects with the requirements of this chapter applicable to the principal structure.
(3)
The maximum height of any accessory agricultural structure shall be 45 feet with the exception of silos and cupolas.
[Amended 12-22-2005 by Ord. No. 05-22]
(4)
The maximum square footage allowed for accessory agricultural structures shall not exceed 1% of the total square footage of the lot with a maximum size for any single structure of not more than 20,000 square feet. This calculation shall include the square footage of accessory residential structures and farm structures.
(5)
No accessory agricultural structure shall be permitted within 50 feet of any property line. Structures greater than 2,000 square feet or structures containing livestock or other animals shall not be located within 100 feet of any property line. Silos shall not be located closer to any property line than the height of the silo, plus 50 feet.
C.
Swimming pools, tennis courts and similar recreational structures. Except for portable swimming pools less than three feet in height and less than 10 feet in length or diameter, the following regulations shall apply to permanent and portable swimming pools, tennis courts and similar recreational facilities accessory to a residential use:
(1)
Said structure shall be erected on the same lot as the principal structure and shall require a construction permit.
(2)
Said structure may be erected in the side and/or rear yard of such lot and shall meet the yard requirements for accessory structures in this zone.
(3)
Said structure shall be appropriately screened, fenced and used so as not to be a nuisance or adversely affect adjoining properties.
(4)
On any corner lot, such use shall not be constructed within the front yard area to be provided on either street on any corner lot or any front yard.
(5)
Artificial lights used or maintained in connection with such uses shall be so located and shielded that the illumination therefrom is not directed upon adjacent property.
(6)
Said use shall meet all applicable codes and ordinances of the Township of Knowlton and any regulations of a county or state agency.
(7)
Swimming pools shall be fenced with a four-foot-high fence. The fence is to be used as protection against unsupervised entry of children into the pool area.
(8)
A pool shall occupy no more than the equivalent of 50% of the yard area in which it is located. For purposes of calculating the area of a pool, the area shall include the water surface, the patio adjoining the pool and any pumping, circulation and other mechanical equipment required to operate the pool.
D.
Outdoor storage areas.
(1)
Outdoor storage is prohibited in all residential zones other than that storage customarily placed in courtyards and yards, which are incidental to authorized residential use and occupancy.
(2)
In residential zones, boats not exceeding 25 feet in length and recreational vehicles shall be permitted in side or rear yards only and shall conform to accessory structure setbacks.
(3)
No flammable or explosive liquids, solids or gases shall be stored aboveground except for the following conditions:
(a)
Tanks or drums of petroleum or petroleum products directly connected with heating devices or appliances located on the same premises as the tanks or drums.
(b)
Tanks of liquid petroleum or liquid petroleum products totaling no more than 6,000 gallons on the lot and not connected directly to a heating device or appliance. Such tanks must be protected with a secondary impervious containment dike with a capacity of 100% of all tanks within the dike, plus six inches of rainfall, and have adequate fire protection.
(4)
Outdoor storage of any kind is prohibited in the front yard.
(5)
Disabled and/or nonregistered vehicles may not be stored in any zone except in an enclosed garage unless the same are awaiting repair at a licensed public garage or unless the same are new vehicles being stored or displayed at a licensed motor vehicle dealership. For the purposes of this chapter, the term "disabled" shall refer to a motor vehicle which is in such a state of disrepair that it cannot readily be made operable and which does not conform to all requirements of the New Jersey Division of Motor Vehicles.
(6)
Fencing and setbacks. When so permitted, all outdoor storage facilities shall be enclosed by a fence or wall or appropriate screening as determined by the Approving Board adequate to conceal such facilities and the contents thereof from adjacent properties and shall meet all required setbacks for accessory buildings for this zone.
(7)
The outdoor storage of live plants being displayed for sale on the premises may be located within 10 feet of a street right-of-way line and up to a property line, provided that the height of such material does not exceed 2.5 feet within 25 feet of the curbline or within 10 feet of the property line.
E.
Signs. Only the following types of signs shall be permitted:
(1)
Nameplate and identification signs for single-family dwellings. A sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger than one square foot with a maximum height of six feet. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.
(2)
Sales or rental signs. A sign advertising the sale or rental of a dwelling or lot shall be permitted, provided that:
(a)
The size of any curb sale or rental sign shall not exceed six square feet.
(b)
Not more than one sign is placed upon any property.
(c)
Such signs shall be removed within five days after execution of contract for sale or lease.
(d)
Developments with four or more homes or lots for sale may be advertised on a sign not to exceed eight square feet and its construction shall be of natural material, i.e., wood or stone, and the base shall be appropriately landscaped. One such sign shall be permitted. The sign shall be removed when all the homes or lots have been initially sold or rented.
(e)
For sale or lease signs up to 24 square feet for land with five acres or more and 500 feet of frontage shall be permitted.
(3)
Institutional signs. Signs of schools, colleges, churches and other institutions of a similar public or semipublic nature may be erected and maintained, provided that:
(4)
Signs accessory to parking areas. Signs designating entrances or exits to or from a parking area shall be limited to one sign for each such exit or entrance, with a maximum size of four square feet for each sign. One sign per parking area designating the conditions of use or identity of such parking area and limited to a maximum size of six square feet shall be permitted. Private driveway signs indicating the private nature of a driveway shall be permitted, provided that the size of any such signs shall not exceed two square feet.
(5)
General regulations applying to signs. The following regulations shall apply to all permitted and preexisting nonconforming signs:
(a)
Whenever the Construction Official shall determine that a sign has become structurally unsafe or endangers the safety of the building or the public, the Construction Official shall order that such sign be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the person owning or using the sign or the owner of the building or premises on which such unsafe sign is affixed or erected.
(b)
Unless otherwise provided in this chapter, signs shall not be located closer than the following distances to street rights-of-way:
[Amended 2-8-2002 by Ord. No. 02-3]
Area of Sign Distance (square feet) | Minimum (feet) |
|---|---|
Less than 25 | 20 |
26 to 775 | 25 |
76 or more | 30 |
(c)
The area surrounding ground signs shall be kept neat, clean and landscaped. The tenant, owner or occupant to which the sign applies shall be responsible for maintaining the condition of the area.
(d)
Directional signs having areas of less than three square feet are exempted from area and location regulations but shall be shown on an approved site plan and shall not constitute a hazard to the traveling public.
(e)
All signs shall be kept in good repair, which shall include replacement or repair of broken structural elements, casings or faces, maintenance of legibility and all lighting elements working.
(f)
Any location where business goods are no longer sold or produced or where services are no longer provided shall have 60 days to remove any remaining or derelict on-premises signs following notification by the township and at the expense of the owner of such property. When the written notification has been given by the township and compliance has not been made within the required sixty-day period, the township may cause removal of such sign with the cost for such removal to be attached to the property.
(g)
The applicant shall also comply with all applicable county, state and federal sign regulations.
(h)
Should a nonconforming sign be destroyed, it cannot be replaced except in a conforming manner.
(i)
Where a sign for a nonresidential use is directly adjacent to or across from a residential zone, the Approving Board may, in its discretion, reduce the area of the sign by not more than 10%, and the Approving Board may further require additional screening, light control and buffering so as to minimize any adverse impacts such sign will have on the adjacent or abutting residential zone.
(j)
No signs which have moving parts or which provide the illusion of movement shall be permitted. No variation in luminous intensity shall be permitted.
(k)
Temporary portable signs are prohibited.
(l)
No internally illuminated signs shall be permitted.
F.
Home occupations, including family day-care centers. In addition to other zoning standards, the following standards shall apply:
[Added 4-23-1998 by Ord. No. 98-3]
(1)
The following provisions permit the limited use of residential properties as the location for recognized professional offices or service businesses, which are clearly subordinate and ancillary to the principal residential use of the property.
(2)
The permitted recognized professions include offices of ministers, architects, professional engineers, land surveyors, landscape architects, professional planners, lawyers, accountants, medical doctors and dentists and other professionals with an advanced degree or professional license.
(3)
The permitted recognized service businesses include seamstresses, needleworkers and tailors, hairdressers and other such service businesses. Real estate uses shall not be permitted. Family day-care uses are permitted.
(4)
The requirements and other provisions contained herein are specifically intended to limit the extent of such home occupations and the potential associated nuisances, such as traffic, noise, fumes, dust, glare and odors, in order to ensure that the residential character of the residential neighborhood within which the home occupation property is located is preserved, and that no adverse impact to adjacent and or nearby residential properties occurs.
(5)
The owner(s) of the home occupation shall be the owner and resident(s) of the property and the dwelling situated thereon.
(6)
Not more than one nonresident employee shall be permitted.
(7)
Clients, patrons or customers shall be permitted on the property in regards to the home occupation, provided that:
(a)
Such visitation shall occur from 7:00 a.m. to 7:00 p.m.
(b)
Such visitation shall not create the need to park more than two vehicles at any time in addition to those ordinarily used by the residents of the dwelling unit.
(c)
Such visitation shall not create the need to park anything other than passenger vehicles, and such passenger vehicles shall be parked off-street on the property in parking spaces provided.
(d)
None of the above shall prohibit any person from coming onto the property who might otherwise come to the property in association with the residential dwelling unit.
(8)
The home occupation may utilize a portion of the principal dwelling unit and/or one or more secondary buildings or structures which are accessory to the principal dwelling unit in accordance with the following, provided that the use of the property for the home occupation shall be subordinate and ancillary to its use for residential purposes by its occupants:
(9)
Any parking area associated with the home occupation, including parking for any clients, patrons or customers, shall be screened from the view of adjacent residential properties and the street.
(10)
The residential character of the lot and buildings shall not be changed, no sounds from the interior of the building related to the home occupation shall be audible outside the building at the property line, and no equipment shall be used which will cause interference with radio or television reception in neighboring residences.
(11)
No merchandise, products, waste, equipment or similar material or objects shall be displayed, stored or otherwise located outdoors, except that the presence of children or customary residential recreational facilities shall be permitted in conjunction with a family day-care home.
(12)
The residential character of the lot and building(s) shall be maintained at all times.
(13)
There shall be no other exterior evidence of the home occupation on the premises. No sign other than an unlighted nameplate identifying the home occupation which is no more than 10 inches by 20 inches shall be permitted. No exterior lighting shall be permitted specific to the home occupation.
(14)
Site plan approval is required in accordance with the applicable requirements of this chapter.
G.
Home office. The use of a portion of a dwelling as an office area for use only by members of the household residing on the premises is subject to other zoning standards in addition to the following:
[Added 4-23-1998 by Ord. No. 98-3]
(1)
The office area shall not occupy more than 500 square feet nor more than 12 1/2% of the floor area of the dwelling, whichever is less, specifically excluding the area of garages, basements and attics in the calculation of the floor area.
(2)
The office area shall not be a segregated portion of the house but shall be an existing room or area within the dwelling unit which is integrated within the overall floor plan of the dwelling.
(3)
The office area shall not contain kitchen facilities which are separate from the remainder of the dwelling unit.
(4)
The office area shall have only typical office equipment limited to computers, telefax machines, telephones, copying machines and other similar office equipment.
(5)
No supplies or furnishings shall be permitted other than typical office supplies and furnishings, and evidence of the office area shall be shown to the outside of the dwelling unit.
(6)
No persons shall be permitted on that part of the property regarded as the office area other than people making deliveries or service calls as might otherwise occur on the property regarded as the dwelling unit.
[Amended 6-12-2000 by Ord. No. 00-10]
H.
Agricultural tourism. In addition to other zoning standards, the following additional standards shall apply:
[Added 4-23-1998 by Ord. No. 98-3]
(1)
One nonilluminated sign not exceeding six square feet shall be permitted.
(2)
Hours of operation shall be between 8:00 a.m. and 9:00 p.m.
(3)
Agricultural education meeting facilities, gift shop and other nonagricultural accessory structures must be screened from the road and adjoining properties.
(4)
An agricultural education meeting facility shall be limited to seating for no more than 30 persons. No use other than strictly agricultural education shall be permitted in this facility.
(5)
Site plan approval is required in accordance with applicable requirements of this chapter.
(6)
On-street parking is not permitted. One off-street parking space shall be provided for each two guests.
(7)
The operation shall be conducted on a lot of at least five acres.
(8)
The owner or operator of the facility shall live on the premises.
(9)
All activities permitted in connection with this use shall be specifically related to agriculture. The gift shop shall not sell merchandise not specifically related to the agricultural activities underway on the premises.
I.
Bed-and-breakfast homestay. In addition to other bulk and dimensional zoning standards, the following additional standards shall apply:
[Added 4-23-1998 by Ord. No. 98-3]
(1)
On-street parking of guest vehicles is prohibited. One off-street parking space shall be provided for each guest room, plus two spaces for permanent residents. Front yard parking is permitted at the discretion of the Planning Board.
(2)
One nonilluminated sign not exceeding six square feet shall be permitted.
(3)
The facility shall be operated in a residential home, in which the owner or operator shall live on the premises.
(4)
No more than four rooms shall be provided for not more than 12 guests. Breakfast only shall be provided, only to registered overnight guests.
(5)
Guests are limited to a stay of no more than 14 consecutive days in a thirty-day period.
(6)
Site plan approval is required in accordance with applicable requirements of this chapter.
(7)
Compliance with the County Health Department requirements for septic systems, water supply and food handling shall be required, as well as any and all state requirements.
(8)
The operation shall be conducted on a lot of at least one acre.
J.
Country inn. In addition to other bulk and dimensional zoning standards, the following additional standards shall apply.
[Added 4-23-1998 by Ord. No. 98-3]
(1)
On-street parking of guest vehicles is prohibited. One on-site parking space shall be provided for each guest room and for each employee and two spaces shall be provided for the permanent residents. Parking must be screened from street and other residential property. Front yard parking is prohibited.
(2)
One nonilluminated sign not exceeding six square feet shall be permitted.
(3)
The owner or operator of the facility shall live on the premises.
(4)
No more than 15 rooms shall be provided for no more than 40 registered overnight guests.
(5)
Guests are limited to a stay of no more than 14 days in a thirty-day period.
(6)
Site plan approval is required in accordance with applicable requirements of this chapter.
(7)
The operation shall be conducted on a lot of at least three acres.
(8)
Compliance with the County Health Department requirements for septic systems, water supply and food handling shall be required, as well as any and all state requirements.
K.
Dude ranches. In addition to other zoning standards, including the environmental standards contained in Article 33 of this chapter and the requirements of the right to farm section in Article 50 of this chapter, the following additional standards shall apply:
[Added 4-23-1998 by Ord. No. 98-3]
(1)
One nonilluminated sign not exceeding six square feet shall be permitted.
[Amended 6-12-2000 by Ord. No. 00-10]
(2)
Overnight and eating facilities shall be limited to 40 guests who are registered at the facility.
(3)
Guests are limited to a stay of no more than 14 consecutive days in a thirty-day period.
(4)
Site plan approval is required in accordance with applicable requirements of this chapter.
(5)
On-street parking for guest vehicles is prohibited. One on-site parking space shall be provided for each two guests and for each employee, and two spaces shall be provided for permanent residents.
(6)
The facility shall consist of at least 100 contiguous acres of land and provide adequate facilities for the care and maintenance of all of the horses used in the operation of the facility.
(7)
Lighting:
(a)
Because artificial lighting is often highly visible and adversely affects the rural character of an area, it is specifically discouraged, except for these specific categories:
(b)
All light sources shall be shielded so that in no case shall such lighting sources be directly visible from or illuminate adjacent properties.
(8)
Horse shows shall be permitted only with an event or temporary use permit provided by the Knowlton Township Committee.
L.
Equestrian centers. In addition to other zoning standards, including the environmental standards contained in Article 33 of this chapter and the requirements of the right to farm section of Article 50 in this chapter, the following additional standards shall apply.
[Added 4-23-1998 by Ord. No. 98-3]
(1)
One nonilluminated sign not exceeding six square feet shall be permitted.
(2)
Hours of operation shall be between 8:00 a.m. and 9:00 p.m.
(3)
All nonagricultural accessory structures, including a snack stand and tack shop, must be screened from the road and adjoining properties.
(4)
On-street parking of guest vehicles is prohibited. One off-street parking space shall be provided for each two guests and for each employee and two spaces for permanent residents.
(5)
Site plan approval is required in accordance with the requirements of this chapter.
(6)
The operation shall be conducted on a lot of at least five acres and provide adequate facilities for the care and maintenance of all of the horses used in the operation of the facility.
(7)
Lighting:
(a)
Because artificial lighting is often highly visible and adversely affects the rural character of an area, it is specifically discouraged, except for these specific categories:
(b)
All light sources shall be shielded so that in no case shall such lighting sources be directly visible from or illuminate neighboring properties.
(8)
Horse shows shall be permitted only with an event or temporary use permit provided by the Knowlton Township Committee.
M.
Historic tourism. In addition to all other zoning standards, the following standards shall apply:
[Added 4-23-1998 by Ord. No. 98-3]
(1)
One nonilluminated sign not exceeding six square feet shall be permitted.
(2)
Hours of operation shall be between 8:00 a.m. and 9:00 p.m.
(3)
The gift shop and tea room shall be located within an existing structure on the historical site.
(4)
Site plan approval is required in accordance with applicable requirements of this chapter.
(5)
On-street parking for guest vehicles is prohibited. One parking space shall be provided on-site for each 500 square feet of gross floor space.
(6)
The operation shall be conducted on a lot of at least two acres.
§ 11-299.1 Regulations governing conditional accessory uses in Farmland Preservation Zone.
[Added 7-25-2002 by Ord. No. 02-12]
A.
Preserved land. To encourage landowners to preserve their land holdings and to provide them with more flexibility in their farming and tree management operations, under certain specific conditions one single-family dwelling may be permitted on permanently preserved land in the Farmland Preservation Zone, for the sole purpose of housing person(s) working on the land. The following conditions shall apply:
(1)
The land shall be permanently preserved from further subdivision and development by deed restriction or by acquisition of the development rights by a government body.
(2)
All farming or woodlot management shall be done in conformance with applicable federal, state, and municipal requirements.
(3)
The preserved land shall consist of at least 100 contiguous acres.
(4)
The additional single-family dwelling shall be used only to house person(s) working on the preserved land for wages and their immediate family.
(5)
The building shall contain no more than one kitchen, and no additional cooking facilities shall exist anywhere in the building.
(6)
Annually, during the first quarter of the year, the owner of the preserved land shall supply to the Township Clerk a sworn statement, supplying the following information:
§ 11-300 Regulations governing conditional uses.
A.
General.
(1)
The Approving Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties and does not substantially impair the character of the surrounding area.
(2)
In addition to meeting the minimum requirements of the zone in which it is located, the Planning Board may authorize conditional uses only after determining that the proposed use meets the specifications and standards set forth in this chapter for the use and that it will comply, now and in the future, with the conditions and standards both as to location and operation for said use.
B.
Churches and other places of worship. In addition to all other zoning standards, the following additional standards shall be applicable:
(1)
Such uses shall be conducted on a lot with a minimum area of two acres.
(2)
Minimum front yard and rear yard setbacks required for principal permitted structures in the zone shall be maintained. Minimum side yards required for principal permitted use in this zone shall be doubled for churches and other places of worship.
(3)
Each property shall be appropriately landscaped, screened and buffered. Careful consideration shall be given to developing effective screening along property lines abutting residential uses. The Approving Board may require appropriate screening depending on site requirements.
(4)
No parking shall be permitted in minimum required open spaces, including yards.
(5)
Parking must be provided on the site as required by this chapter.
(6)
Maximum floor area ratio shall be 0.10.
C.
Essential services.
(1)
In addition to meeting the minimum requirement of the zone, essential services as defined in this chapter shall be subject to the following regulations:
(a)
Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw the minimum of vehicular traffic to and through such streets.
(b)
The location, design and operation of such facilities may not, to the extent possible, adversely affect the character of the surrounding area.
(c)
Adequate fences, barriers and other safety devices shall be provided.
(d)
Buffers, landscaping, berms and similar measures shall be required by the Approving Board as part of site plan review.
(2)
Such facilities shall be reasonably necessary for the furnishing of adequate service by such public utilities, the township, other governmental agencies or private or semiprivate entities if approved by a municipal agency in furtherance of the public health, safety and general welfare.
E.
Nursery schools.
F.
ECHO housing.
[Added 8-14-1995 by Ord. No. 95-15]
(1)
The following conditions shall apply for this newly created conditional use:
(a)
All ECHO housing units shall be owned by the County of Warren.
(b)
The minimum lot size for ECHO housing units shall be one acre.
(c)
Each ECHO housing unit shall not be occupied by more than two people, one of whom shall be 60 years of age or older, and shall be related by blood, marriage or adoption to one or more of the persons residing in the principal dwelling on the lot upon which the unit is to be located.
(2)
Submission requirements. The applicants seeking to construct an ECHO housing unit shall submit to the Planning Board an application for conditional use approval. While a site plan shall not be required for this application, the submission requirements for this conditional use application shall conform with a minor site plan checklist, except that, in appropriate circumstances, as determined by the Planning Board, the Planning Board may require a minor site plan application to be filed.
G.
Accessory apartments.
[Added 10-14-1997 by Ord. No. 97-12; amended 3-10-2003 by Ord. No. 03-03; 3-10-2003 by Ord. No. 03-04; 7-14-2003 by Ord. No. 03-9]
(1)
Accessory apartments shall meet the following requirements:
(a)
The bulk requirements of the zone in which the accessory apartment is created shall be met.
(b)
Accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes.
(c)
The accessory apartment shall be rented only to a household which is either a low- or moderate-income household at the time of initial occupancy of the unit.
(d)
The accessory apartment shall, for a period of at least 10 years from the date of the issuance of a certificate of occupancy, be rented only to a low- or moderate-income household.
(e)
Rents of accessory apartments shall be affordable to low- or moderate-income households as per Council on Affordable Housing (COAH) regulations and shall include a utility allowance.
(f)
No more than 10 accessory apartments shall be used to address Knowlton's fair-share obligation unless a waiver is granted by COAH.
(h)
Each accessory apartment shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom.
(i)
The accessory apartment shall have a separate door with direct access to the outdoors.
(j)
The potable water supply and sewage disposal system for the accessory apartment shall be adequate.
(k)
The accessory apartment shall be affirmatively marketed to the housing region.
(l)
In the case of an accessory apartment created illegally or without proper permits which the property owner desires to legitimate as an accessory apartment under this subsection, all of the requirements of this subsection in addition to meeting COAH criteria shall apply, except that no subsidy need be provided by the municipality.
(m)
There shall be no more than one accessory apartment per single-family dwelling on each lot.
(n)
Each accessory apartment will be no larger than 850 square feet. It may not occupy more than 35% of the total square footage of the home.
(o)
The owner must submit an affidavit of continuing use every two years.
(p)
There will no more than two additional parking spaces per unit provided by the owner. Such additional spaces shall not change the facade of the property.
(2)
Administration of the affordable accessory apartment program. The Township Committee of Knowlton Township shall designate an administrative entity to administer the affordable accessory apartment program in accordance with the following:
(a)
The administrative entity shall administer the accessory apartment program including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports and affirmatively marketing the accessory apartment program.
(b)
The administrative entity shall only deny an application for an accessory apartment if the project is not in conformance with COAH's requirements, the municipal development ordinance or this subsection. All denials shall be in writing with the reasons clearly stated.
(c)
Knowlton Township shall provide at least the minimum amount required by COAH to subsidize the physical creation of an accessory apartment conforming to the requirements of this section and COAH requirements. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with Knowlton Township insuring that the subsidy shall be used to create the accessory apartment and the apartment shall meet the requirements of this subsection and COAH regulations.
(3)
Application procedures. Each applicant for the creation of an affordable accessory apartment shall submit the following information to the designated administrative entity:
(a)
A sketch of floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building or in another structure;
(b)
Rough elevations showing the modification of any exterior building facade to which changes are proposed; and
(c)
A site development sketch showing the location of the existing dwelling and other existing buildings, all property lines, proposed addition if any, along with the minimum building setback lines; the required parking spaces for both dwelling units and any man-made conditions which might affect construction.
(4)
Additional conditions and guidelines for administration.
(a)
The affordable accessory apartment shall be deed restricted for occupancy by a household for a thirty-year period by the use of a mortgage instrument. The wording of the required deed restriction shall be submitted by the applicant of the designated administrative entity for review as part of the application for approval, and the wording shall be reviewed, modified as necessary, and finally approved by the Township Committee and incorporated within a developer's agreement between the applicant and the Township Committee as a condition of any approval granted for an affordable accessory apartment.
(b)
The rent of the affordable accessory apartment shall be affordable to low- or moderate-income households in accordance with the applicable provisions at N.J.A.C. 5:93-7.4 of COAH's substantive rules and shall specifically include an allowance for utilities in accordance with N.J.A.C. 5:93-7.4(f).
(c)
There shall be a recorded deed for declaration of covenants and restrictions applied to the property upon which the affordable accessory apartment is located running with the land and limiting its subsequent rental or sale within the requirements hereinabove.
(d)
The affordable accessory apartment shall have living/sleeping space, cooking facilities, a kitchen sink, and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom.
(e)
The bulk requirements of the zone in which the accessory apartment is created shall be met.
(f)
The accessory apartment shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes.
(g)
The accessory apartment shall, for a period of at least 30 years from the date of the issuance of a certificate of occupancy, be rented only to a low- or moderate-income household.
(h)
The potable water supply and sewage disposal system for the accessory apartment shall be adequate.
(i)
The accessory apartment shall be affirmatively marketed to the housing region.
(j)
In the case of an accessory apartment created illegally or without proper permits, which the property owner desires to legitimate as an accessory apartment under this subsection, all of the requirements of this subsection in addition to meeting COAH criteria shall apply, except that the municipality need provide no subsidy.
(k)
The affordable accessory apartment shall have a separate door with direct access to the outdoors.
(l)
The affordable accessory apartment shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes.
(m)
The affordable accessory apartment program shall be affirmatively marked to the northwest housing region consisting of Essex, Morris, Union and Warren Counties in accordance with the affirmative marketing plan provisions.
H.
Campgrounds.
(1)
A minimum of 70 acres is required for a campground. One single-family dwelling shall be permitted in a campground of 70 acres.
(2)
Each additional new dwelling in a campground shall require an additional five acres of land beyond the 70 acres required for a campground or whatever the minimum land requirement is for a dwelling in the FPZ Zone, whichever is greater.
(3)
A maximum of 350 campsites shall be permitted in a campground.
(4)
No campground shall be within 7,500 feet in a straight line from another campground in Knowlton Township.
(5)
Where a lot abuts an existing public road, the minimum lot frontage shall be 50 feet.
§ 11-300.1 Supplementary regulations governing conditional uses.
[Added 3-27-1999 by Ord. No. 99-2]
A.
Site plans shall be required for approval by the Approving Board for the construction of any new buildings or campsites and for any changes in current uses, buildings, structures or facilities except for nonpermanent recreational facilities which require permits to be issued by the Township Zoning Officer. A current map clearly showing the location of all current campsites, facilities, buildings and structures shall accompany site plan review, but detailed surveys with meets and bounds shall not be necessary. In lieu of a map, a clear, current aerial photograph shall be satisfactory if all buildings, structures, facilities and campsites can be clearly seen on the photograph. The amount of detail and scale of the site plan shall be as recommended by the Township Engineer, with the approval of the Approving Board. The objective of the site plan shall be for the Approving Board to have a good enough understanding of the campground layout to make reasonable decisions regarding the site plan at the least possible cost to the campground owner. At a minimum, detail within 200 feet of the subject area shall be provided. Site plans shall show all deed restrictions and easements and otherwise follow the requirements for site plan review procedures set forth in this chapter. Conservation easements shall be required for all wetland areas and transition areas. Critical areas located outside the building envelopes shall contain conservation easements. All site plans shall contain a reference to any required conservation easements.
B.
A campground shall comply with all relevant local, county, state and federal laws and regulations.
C.
A license shall be required from the Township of Knowlton in order to operate a campground.
D.
Campgrounds, except for dwellings specifically permitted, shall not be used for residential purposes.
E.
The Zoning Officer of the township is authorized to enforce the provisions of this chapter.
F.
Access to all parts of a campground shall be granted to the Zoning Officer and to county and local health officers.
G.
Campsite accommodations shall not be continuously occupied for more than six months of any calendar year.
H.
Seasonal camping is permitted.
I.
No accessory structure shall be used for human habitation.