Knowlton City Zoning Code
ARTICLE 38
Village Residential Zone VR Regulations
§ 11-301 Permitted principal uses.
Permitted principal uses in the VR Zone shall be as follows:
A.
Single-family detached dwellings.
B.
Agricultural uses and farms as provided in Article 50, Right to Farm, and supplemental regulations in this Article.
C.
Parks, playgrounds, firehouses, libraries and municipal buildings.
D.
Community residences for the developmentally disabled.
[Added 4-27-1995 by Ord. No. 95-5]
E.
Community shelters for victims of domestic violence.
[Added 4-27-1995 by Ord. No. 95-5]
F.
Commercial use of beach and watercraft facilities with proper Township-issued permits.
[Added 6-14-2021 by Ord. No. 21-03]
§ 11-302 Permitted accessory uses.
Permitted accessory uses in the VR Zone shall be as follows:
A.
Private garages.
B.
Swimming pools and tennis courts.
C.
Signs.
D.
Residential accessory buildings and structures.
E.
Home occupations.
[Added 4-23-1998 by Ord. No. 98-3]
F.
Home offices.
[Added 4-23-1998 by Ord. No. 98-3]
G.
Bed-and-breakfast homestays.
[Added 4-23-1998 by Ord. No. 98-3]
H.
Country inn.
[Added 4-23-1998 by Ord. No. 98-3]
I.
Historic tourism.
[Added 4-23-1998 by Ord. No. 98-3]
§ 11-303 Conditional uses.
§ 11-304 Bulk requirements.
[Amended 4-23-1998 by Ord. No. 98-3; 7-25-2002 by Ord. No. 02-12]
Bulk requirements for this zone shall be as follows:
Table VI-6 | |
|---|---|
Bulk Requirements in Village Residential Zone | |
Regulation | Requirement |
Minimum lot area (acres) | 0.5 |
Minimum lot width (feet) | 1001 |
Minimum lot width on cul-de-sac (feet) | 60 |
Minimum front yard (feet) | 35 |
Minimum rear yard (feet) | 40 |
Minimum side yards (feet) | 20 |
Minimum lot depth (feet) | 150 |
Maximum impervious coverage (percent) | 25 |
Accessory structure setback from any rear or side lot line (feet) | 10 |
Maximum height (feet) | 35 |
Maximum stories | 2.5 |
NOTES: | |
|---|---|
1 | For corner lots, the minimum lot width shall be 125 feet. |
§ 11-305 (Reserved) [1]
[1]
Editor's Note: Former § 11-305, pertaining to critical area calculations, was deleted 4-27-1995 by Ord. No. 95-5.
§ 11-306 Supplemental regulations governing principal permitted uses.
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, dairy farms and for 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 not to exceed 150 square feet shall be permitted on the property.
(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.
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 they are 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.
§ 11-307 Supplementary regulations governing accessory uses and structures.
A.
General. Accessory structures may be erected, provided that:
(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 15 feet.
(4)
The maximum square foot area of all accessory buildings on any single residential lot shall not exceed 625 square feet.
(5)
No accessory building or structure shall be permitted in any front yard.
(6)
Patios and decks may be located in rear and side yards; the minimum setback from any lot line shall be 15 feet.
B.
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.
C.
Outdoor storage.
(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 in 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 a property line.
D.
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:
(a)
The size of any freestanding sign shall not exceed 24 square feet unless indicated otherwise for a specific use in this zone and not more than one such sign is placed on a property.
[Amended 6-12-2000 by Ord. No. 00-10]
(b)
Signs may be affixed to a maximum of one wall of a structure and the total sign area on the wall shall not exceed 24 square feet.
(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:
Area of Sign Distance (square feet) | Minimum (feet) |
|---|---|
Less than 25 | 20 |
(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.
E.
Home occupations, including family day-care centers. In addition to other zoning standards, the following additional zoning 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 applicable requirements of this chapter.
F.
Home offices. 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 any 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 no 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]
G.
Bed-and-breakfast homestay. In addition to all 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 for permanent residents.
(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 meeting at least the minimum lot size for the zone.
H.
Country inn. In addition to other 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 adjacent properties.
(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 two 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.
I.
Historic 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)
The gift shop and tea room shall be located only 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 of guest vehicles is prohibited. One off-street parking space shall be provided for each four anticipated guests, or a minimum of three parking spaces.
(6)
The operation shall be conducted on a lot meeting at least the minimum lot size for this zone.
§ 11-308 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 standards, the following additional standards shall apply:
(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.
D.
Essential services.
(1)
Essential services, as defined in § 11-3, shall be subject to the following regulations:
[Amended 4-23-1998 by Ord. No. 98-3]
(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.
Accessory apartments.
[Amended 10-14-1997 by Ord. No. 97-12; 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.[1]
[1]
Editor's Note: Former Subsection F, Home occupation, as amended, which followed this subsection, was repealed 4-23-1998 by Ord. No. 98-3. Former Subsection G, ECHO housing, added 8-14-1995 by Ord. No. 95-15, was repealed 12-22-2005 by Ord. No. 05-22.