PLANNING BOARD FEBURARY 11, 2019

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1 MINUTES 7:30 PM PRESENT: T. Ciacciarelli ABSENT: C. Ely D. Haywood L. Frank S. McNicol M. Mathieu L. Riggio L. Voronin M. Syrnick K. Kocsis, Alt #2 S. Harris, Alt #1 D. Pierce, Attorney CALL TO ORDER The meeting was called by L. Riggio at 7: 30 PM. NOTIFICATION In order to ensure full public participation at this meeting, all members of this Board, and members of the public are requested to speak only when recognized by the Chair so that there is no simultaneous discussion or over-talk, and further, all persons are requested to utilize the microphones which are provided for your use by the Township. Your cooperation is appreciated. Notification of the time, date and place of this meeting has been published in the Hunterdon County Democrat and Courier News on January 24, 2019, and has been posted in the Kingwood Township Municipal Building on January 24, 2019 and has been filed with the Municipal Clerk. NEW AND PENDING MATTERS Resolution No Rolon Block 40, Lot County Road Conditional Use, ECHO Housing Unit RESOLUTION NO MEMORIALIZING RESOLUTION FOR KINGWOOD TOWNSHIP PLANNING BOARD KERRIE ROLON CONDITIONAL USE ECHO HOUSING APPROVAL WITH MINOR SITE PLAN APPROVAL BLOCK 40, LOT WHEREAS, Kerrie Rolon (the Applicant ), the owner of Block 40, Lot in Kingwood Township applied for conditional use and minor site plan approval to allow the installation of an ECHO housing unit on Block 40, Lot in Kingwood Township (the Property ), pursuant to sections and of the Township Code; and WHEREAS, the application was declared to be complete; and WHEREAS, the following documents were submitted with regard to the application, are on file with the board, and are part of the record in this matter: 1. Preliminary and Final Site Plan Application, dated November 21, 2018; 2. Combined Preliminary and Final Site Plan Checklist For Conditional Use Applications, dated November 21, 2018; 1 P a g e

2 3. Zoning Permit Application, dated November 21, 2018, endorsed by Zoning Officer on December 4, 2018; 4. Plat entitled Land Development Plan consisting of two sheets as follows: Sheet 1 of 2, Cover Sheet, prepared by Theodore H. Bayer, P.E. of Bayer-Risse Engineering, Inc., dated November 5, 2018; and Sheet 2 of 2 Proposed Construction, prepared by Theodore H. Bayer, P.E. of Bayer-Risse Engineering, Inc., dated November 5, 2018 (the Plat ); and 5. Letter from Thomas Decker, P.E. of Van-Cleef Engineering Associates to Diane Laudenbach, dated January 9, 2019; and 6. Letter from Jeff Tarelia, Jeff Tarelia Environmental Consulting to Kerrie Rolon, dated October 26, WHEREAS, the Board considered the application at a public hearing held on January 10, 2019; and matter: WHEREAS, the following individuals testified during the hearing, which testimony is part of the record in this Kerrie Rolon; and Theodore Bayer Applicant s engineer; and WHEREAS, the following exhibits were introduced during the hearing and comprise part of the record for this application: Exhibit A-1a drawing entitled 2430 Custom Ranch 1 st Story Floor Plan prepared by Apex Homes of PA, LLC, dated October 29, 2018 with a last revision date of November 7, 2018; Exhibit A-1b drawing entitled 2430 Custom Ranch Front Elevation prepared by Apex Homes of PA, LLC, dated October 29, 2018 with a last revision date of November 7, 2018; Exhibit A-1c drawing entitled 2430 Custom Ranch Rear Elevation prepared by Apex Homes of PA, LLC, dated October 29, 2018 with a last revision date of November 7, 2018; Photograph of buffer area on the western side of the subject property; Exhibit A-1d drawing entitled 2430 Custom Ranch Left Side Elevation prepared by Apex Homes of PA, LLC, dated October 29, 2018 with a last revision date of November 7, 2018; Exhibit A-1e drawing entitled 2430 Custom Ranch Right Side Elevation prepared by Apex Homes of PA, LLC, dated October 29, 2018 with a last revision date of November 7, 2018; and WHEREAS, from the testimony and proofs presented, the Board makes the following findings of fact: 1. The property is located in the Agricultural-Residential zoning district ( AR-2 zone ). 2. The property is comprised of approximately 3.05 acres and has frontage of approximately 275 feet along Byram-Kingwood Road. 3. The property is currently improved with a single family home that, as shown by the Plat, conforms in all respects with the bulk requirements of the Kingwood Township zoning ordinance. 4. The Applicant is proposing to install a 720 square foot ECHO housing unit on the Property into which she will move and her family will move into the existing single family home. 5. The installation of an ECHO housing unit is a permitted conditional use pursuant to Kingwood Township Code Section D(7). 6. The Applicant testified that the ECHO unit will be limited to 720 square feet in area and will contain a Living Room, Kitchen, Bathroom, Bedroom and Utility Room. 7. The Applicant s engineer testified that the existing septic system will be removed and a new septic system with sufficient capacity for both the existing dwelling and the proposed ECHO housing unit will be installed. The Applicant s engineer also testified that the proposed new septic system has been approved by the Board of Health. 8. The Applicant testified that the proposed ECHO housing unit will be installed in such a manner that it can be easily removed from the site. 2 P a g e

3 9. As shown by the Plat, the proposed ECHO housing unit will comply with all of the bulk requirements of the Kingwood zoning ordinance. 10. The proposed ECHO housing unit is located on the Property in such a manner that the Board does not find that any additional landscape buffering is required. 11. Pursuant to Kingwood Township Code Section D(7) the proposed use can be approved as a permitted conditional use provided that it satisfies the requirements of Kingwood Township Code Section O. 12. Kingwood Township Code Section O requires that the proposed ECHO housing unit satisfy the side yard and rear yard setbacks for a principal structure and the proposed ECHO housing unit satisfies this requirement. 13. Kingwood Township Code Section O requires that the proposed ECHO housing unit be placed on a lot of not less than 2.0 acres in size and the proposed ECHO housing unit satisfies this requirement. 14. Kingwood Township Code Section O requires that the proposed ECHO housing unit be limited to not more than 720 square feet in floor area and the proposed ECHO housing unit satisfies this requirement. 15. Kingwood Township Code Section O requires that the proposed ECHO housing unit be placed within the rear yard and not within the side or front yards and the proposed ECHO housing unit satisfies this requirement. 16. Kingwood Township Code Section O requires that the proposed ECHO housing unit be placed in such a way as to minimize its visibility from abutting lots and the proposed ECHO housing unit satisfies this requirement. 17. Kingwood Township Code Section O requires that the proposed ECHO housing unit be placed only on a lot improved with a single family dwelling and the proposed ECHO housing unit satisfies this requirement. 18. Kingwood Township Code Section O permits only one ECHO housing unit per lot and requires that the proposed ECHO housing unit contain a bathroom, kitchen, living room and sleeping facilities and the proposed ECHO housing unit satisfies this requirement. 19. Kingwood Township Code Section O requires that the proposed ECHO housing unit be selfcontained, barrier free, energy efficient and capable of being moved to another site and the proposed ECHO housing unit satisfies this requirement. 20. Provided that the Applicant satisfies the conditions of approval, the proposed use satisfies the requirements of Kingwood Township Code Sections D(7) and O and can be approved as a permitted conditional use. WHEREAS, the Board voted, after due deliberation, on a motion properly made and seconded to approve this application for conditional use and minor site plan approval to allow the installation of an ECHO housing unit on Block 40, Lot in Kingwood Township subject to the conditions set forth below, by a vote of 8 to 0; it is. THEREFORE RESOLVED on this 11th day of February, 2019, that the foregoing application for conditional use and minor site plan approval to allow the installation of an ECHO housing unit on Block 40, Lot in Kingwood Township be, and the same hereby is, granted, subject to the following conditions (if any): 1. The Applicant shall submit proof of approval of the new septic system by the Hunterdon County Health Department. 2. The Applicant shall submit a copy of the approved septic design to the Board for its records. 3. The Applicant shall comply with the requirements of the Kingwood Township zoning ordinance and remove the ECHO housing unit within 90 days after the death or permanent change of occupancy of the original occupants of the ECHO housing unit. 4. The Applicant shall apply for and obtain an annual permit for the ECHO housing unit from the Zoning Officer. 5. The Applicant shall comply with all other requirements imposed upon ECHO housing units as set forth in Kingwood Township Code Sections D(7) and O. 3 P a g e

4 6. The Township of Kingwood is dedicated to providing affordable housing and has established an affordable housing program with supporting land use ordinances and a housing trust fund based on the Fair Housing Act of If payment of a development fee to the Kingwood Township Affordable Housing Trust Fund is required, the Applicant shall pay fifty percent (50%) of the estimated developer s fee, if any, to the Kingwood Township prior to the issuance of building permits based on the Tax Assessor s estimated assessed value and his determination of the appropriate developer s fee. Building plans and as-built building plans for each development subject to payment of the developer s fee must be provided to the Tax Assessor and the remaining portion of the developer s fee shall be paid at the time of issuance of a Certificate of Occupancy for the new development. This paragraph does not constitute any determination by the Board as to whether the applicant is required to pay a developer s fee. 7. Neither the Board nor its employees or professionals will perform any service in furtherance of this approval if there is a deficiency in any escrow or inspection fee account. The applicant shall be under a continuing duty to maintain a positive balance in all accounts until all conditions have been satisfied and all charges have been paid. This memorializing resolution shall not be released to the applicant unless all outstanding escrow fees have been paid and the applicant s escrow account contains sufficient funds to cover anticipated unbilled expenses. 8. Approval of this application by the Planning Board shall not and is not to be considered as an approval of any other requirements or approvals of permits as may be necessary to allow construction. 9. The within approval, and the use of all property subject to the within approval, are conditioned upon and made subject to any and all laws, ordinances, requirements, and/or regulations of and/or by any and all Municipal, County, State and/or Federal governments and their agencies and/or departments having jurisdiction over any aspect of the property and/or use of the property The within approval and the use of all property subject to the within approval are also conditioned upon and made subject to any and all approvals by and/or required by any and all municipal, county, State and/or Federal governments and their agencies and/or departments having jurisdiction over any aspect of the property and/or the use of the property. In the event of any inconsistency(ies) between the terms and/or condition of the within approval and any approvals(s) required by the above, the terms and conditions of the within approval shall prevail unless and until changed by the Board upon proper application. 10. The Kingwood Township Planning Board reserves the right to revoke and withdraw any approval hereby granted in the event that there is any deviation from or alterations of the plan hereby approved, unless prior written approval for any such deviation or alteration has been obtained from the Planning Board. Minor deviations and field changes may be authorized in writing by the Township Engineer. 11. All improvements shall conform to building standards and other regulations as set forth in Federal, State, County and Municipal Statues, Regulations, Codes and Ordinances, at the time of installation of the said improvement. 12. The acceptance by the applicant of this approval and reliance thereon by the applicant for the purpose of commencement of construction of improvements within the project in accordance with the approval, shall operate as an acknowledgment and agreement by the applicant, its successors and assigns, that it accepts the official action herewith memorialized as being subject to the terms and conditions as contained herein, and agrees to fully comply and be bound thereby. MOVED: FRANK SECONDED: MATHIEU THOSE IN FAVOR: ELY, FRANK, HAYWOOD, MATHIEU, RIGGIO, SYRNICK, VORONIN, HARRIS THOSE OPPOSED: NONE INELIGIBLE: NONE ABSTAINED: NONE ABSENT: CIACCIARELLI, MCNICOL, KOCSIS 4 P a g e

5 The within memorializing resolution was adopted on the 11 th day of February, 2019, by the following vote of those Board members who voted in favor of the approval: Members Yes No Abstain Absent Ineligible CIACCIARELLI ELY FRANK HAYWOOD MATHIEU MCNICOL RIGGIO SYRNICK VORONIN HARRIS KOCSIS It was moved by D. Haywood, seconded by M. Syrnick and carried to adopt Resolution No Rolon Block 40, Lot County Road Conditional Use, ECHO Housing Unit. All members present voted AYE on ROLL CALL VOTE, except T. Ciacciarelli, S. McNicol, who ABSTAINED. Proposed Ordinance No An Ordinance Amending Chapter C Wall Graphics; ORDINANCE NO AN ORDINANCE AMENDING CHAPTER C WALL GRAPHICS NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Kingwood, County of Hunterdon and State of New Jersey, as follows: SECTION 1 The Revised General Ordinances of the Township of Kingwood are amended by the addition of Chapter C, Wall Graphics is revised to read as follows: C WALL GRAPHICS In calculating the signable wall area of a building which may be used for wall graphics, the following provisions also apply: (1) If the graphic is enclosed by a box or outline, the total area of the graphic, including the background, is counted as part of the signable area. If graphic consists of individual letters, then an imaginary box shall be drawn to enclose the letters and the total area of the graphic, including the imaginary box, is counted as part of the signable area. (2) (3) No Change. SECTION II The Revised General Ordinances of the Township of Kingwood are amended by the addition of Chapter , Ground sign style standards is hereby amended as follows: 5 P a g e

6 GROUND SIGN STYLE STANDARDS is hereby deleted. SECTION III If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions, thereof. SECTION IV All Ordinances or parts of Ordinances inconsistent herewith are repealed to such inconsistencies. SECTION V This Ordinance may be renumbered for codification purposes. SECTION VI This Ordinance shall take effect upon passage and publication according to law, and filing with the Hunterdon County Planning Board. It was moved by D. Haywood, seconded by S. McNicol and carried to recommend adoption of Ordinance No An Ordinance Amending Chapter C Wall Graphics. All members present voted AYE on ROLL CALL VOTE. Approval Minutes It was moved by D. Haywood, seconded by M. Syrnick and carried approve the minutes of January 10, 2019 and place on file. All members present voted AYE on ROLL CALL VOTE, except T. Ciacciarelli, S. McNicol, who ABSTAINED. CORRESPONDENCE PRIVILEGE OF THE FLOOR ADJOURNMENT It was moved by D. Haywood, seconded by M. Syrnick and carried to adjourn the meeting at 7:36 PM. All members present voted AYE. Respectfully submitted, Diane Laudenbach, Secretary 6 P a g e