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(Last Amended 1998--Source ordinance.com)
13-5.5 District Regulations.
a. Minimum Impact Development District.
1. Purposes The purposes of this district are to:
(a) Protect the valuable and environmentally sensitive areas of southern Hardyston from the adverse impacts of development.
(b) Preserve the rural character of the southern portion of Hardyston Township and the visual quality of the area so as to lessen the effect of artificially imposed development
(c) Provide a regulatory mechanism through which appropriate development can occur considering the exceptional, unique, irreplaceable and delicately balanced physical, chemical, and biologically acting and interacting natural environment encompassed in the southern Hardyston area.
(d) Foster the long term social, economic, aesthetic, and recreational interest of the people of Hardyston Township
(e) Provide an equitable, understandable development mechanism that establishes clearly definable goals and advances the public interest by balancing the aforementioned environmental interests with the rights of persons owning property in this district, through the encouragement of development of compatible land uses in order to improve the overall environmental and economic basis of the area
(f) The township further recognizes the legitimate economic aspirations of the property owners of the district and wishes to encourage development of compatible land uses in order to improve the overall economic position of the inhabitants of that area within the framework of a comprehensive environmental design strategy which preserves the most ecologically sensitive and fragile area from inappropriate development and provides adequate environmental safeguards for the construction of any facilities in the district.
(g) Provide for the orderly development and effective preservation of the environment of the MIDD Zone in order to ensure that the development of the zone is regulated in a manner that is fair efficient and effective as to those persons owning property affected by this paragraph (See Proposed Zone Change map 16.)
2. Definitions For the purposes of this section, unless the context clearly indicates a different meaning, the following definitions shall apply
(a) ADAPTIVE REUSE shall mean the process of rehabilitating an existing structure for a permitted principal or accessory use
(b) LINKAGE shall mean an open space design principle whereby large open space areas are connected via appropriate linear open space. Stream corridors and ridge lines are among areas which may be used to provide linkage
(c) LOT DISTURBANCE shall mean all areas disturbed for the purpose of the construction of buildings and structures on an individual fee simple lot This total shall include all disturbance including but not limited to building and structure areas, septic wells, lawns, and areas of tree removal.
(d) MASSING shall mean the concentration of open space in large contiguous tracts in appropriate areas
(e) TRACT DISTURBANCE shall mean all tract disturbance not associated with individual lots including areas disturbed for roadways and drainage systems
3. Submission Requirements
(a) Preliminary design assessment In addition to those items required for submission in accordance with the Hardyston Township preliminary major subdivision checklist, all applicants for major subdivisions within the Minimum Impact Development District must also provide a preliminary design assessment fulfilling the requirements of the preliminary design assessment checklist. This assessment shall include a graphic and narrative site feature inventory; all significant site features including all critical areas, vistas, ridge lines, wetlands, flood plains, slopes, tree lines, stone rows, significant rock outcrops and tree masses, rare and endangered species habitats, trout maintenance, and trout production streams, and any additional features uniquely affecting a site.
(b) Wildlife management plan.
(1) In projects involving 100 or more acres, a wildlife management plan shall be submitted fulfilling the requirements of the wildlife management plan checklist requirements. This plan shall address measures taken to preserve and improve on-site wildlife habitat. Rare and endangered species habitat protection shall be addressed if applicable.
(c) Lake management plan
(1) All applicants for major subdivisions which involve a lake or pond of five acres or more in the MIDD zone must provide a lake management plan in accordance with the lake management plan checklist.
4. Zoning Requirements
(a) Principal uses and structures permitted. The following uses and structures shall be permitted in the MIDD District.
(1) Detached single-family dwellings
(2) Farms containing a minimum of five acres Any animals, other than cattle, horses and ponies, domestic animals, other than household pets, kept on the premises shall be in connection with the pursuit of agriculture. This shall not include the keeping of domestic animals for boarding, training, sale and resale, where such activities are not in connection with the pursuit of agriculture and are themselves the exclusive or primary use. Any animal other than cattle, horses and ponies shall be kept at a distance of at least 100 feet from any property line. No commercial piggeries, fur farina and/or animal processing facilities shall be permitted on a farm.
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 use in addition to the required minimum of five acres set forth above
(3) Wood lot management in accordance with a wood lot management plan prepared by a certified forester.
(b) Permitted accessory uses. The following accessory uses shall be permitted in the MIDD District:
(1) Home occupations
(2) Required off-street parking.
(3) Private garages
(4) Farmstands in connection with a farm property
(5) Private swimming pools and tennis courts.
(6) Any other use which the zoning board of adjustment determines is one customarily and incident to the principal permitted use of the property
(c) Commercially Operated Golf Courses.
(1) Cluster development
(d) Bulk requirements and other conditions. The following requirements are applicable in the MIDD District.
(1) Density The maximum permitted density within the district shall be .2 units per acre. In order to calculate the maximum permissible number of lots, the total gross tract acreage is multiplied by .2 (see diagram 1)
Diagram 1 (Diagram Missing)
(2) Minimum lot size with individual well and septic- 40,000 feet
(3) Minimum lot size with central water 30,000 square feet
(4) Maximum building envelope size 40 percent of lot area or 20,000 square feet, whichever is less (see diagram 2)
(5) Maximum total lot disturbance: 50 percent of lot area or 25,000 square feet, whichever is less. Site disturbance shall include all areas disturbed for the purpose of the construction of buildings and structures as well as all graded areas and lawns. The total shall include disturbed areas both inside and outside of the building envelope (see diagram 3)
(6) Maximum total tract disturbance for public improvements including streets and stormwater management facilities: Seven percent 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
(7) Minimum spacing between building envelopes on adjacent lots 50 feet. (see diagram 4)
(8) Minimum spacing between building envelopes and tract boundary or off-site public street 50 feet (see diagram 5)
(9) No building envelope shall be placed closer than five feet to any lot line (see diagram 4)
(10) Minimum spacing of building envelope from on-site public streets 35 feet (see diagram 5)
(11) Minimum setback of building envelope from existing lakes or ponds- 100 feet. (see diagram 6) 5. Design Standards. The following criteria shall be considered design standards pursuant to Article 6 of the New Jersey Municipal Land Use Law. It is recognized that a of these standards may not be achievable on every subdivision, for this reason each application shall be carefully considered and waivers shall be granted where appropriate
(a) Lot frontage Each individual parcel is required to provide side and efficient access.
(1) Where a lot abuts a public street, the minimum lot frontage shall be 50 feet
(2) Lots utilizing common drives for access shall not be required to have frontage on a public street
(b) Locating building envelopes. These standards aim to ensure that the disturbed areas of any parcel are to the maximum extent possible not visible from municipal roads and situated so as to minimize the impact of construction on the sensitive environment and to protect the rural character of the area as set forth in the purposes of this paragraph The standards to be adhered to are as follows:
(1) Building envelopes shall be selected which do not include the tops of ridge lines. (see diagram 7)
(2) Building envelopes shall avoid open fields. (see diagram 7)
(3) Building envelopes shall be located on the edges of fields and in wooded areas to minimize the visual impact of development. (see diagram 7)
(4) Building envelopes shall not include wetlands, transition areas and flood plains
(5) Building envelopes shall not include areas with slopes of 35 percent or greater (see diagram 7)
(c) Clustering. In order to minimize the impact development shall have within the MIDD District, clustering is strongly encouraged. The standards contained in this section shall be strictly adhered to, unless extraordinary circumstances exist. These standards shall constitute conditions of a conditional use as set forth in the New Jersey Municipal Land Use Law.
(1) Clustering shall be permitted upon the submission of an acceptable open space management plan
(2) The minimum tract area for the use of the cluster option shall be 25 acres.
(3) The minimum common open space shall be ten contiguous acres. Open space and conservation easement areas shall be designed with massing and linkage as guiding principles
(4) Each area of common open space shall have at least two 15 foot wide pedestrian access points accessible from a public roadway
(5) If an open space management plan acceptable to the planning board is not possible, then the building lots shall be increased in size to include the entire tract area and conservation easements will be used to restrict the area identified as open space on the cluster plan. (see diagram 8)
(6) No increase in density shall be permitted when using the cluster option
(d) Conservation easement/deed restrictions Application before the board shall be required to provide appropriate conservation and deed restrictions when sensitive environmental areas are encountered. These legal instruments shall be drafted in general conformance with the recommendations and language contained in Appendix E
(1) Conservation easements shall be required for all wetlands areas and required transition areas (see diagram 9)
(2) Critical areas located outside of building envelopes shall contain conservation easements These critical areas shall include slopes in excess of 35 percent, flood plains, and open water bodies. (see diagram 9)
(3) All subdivision plats shall contain a reference to any required conservation easement.
(4) The maximum tract density shall not be exceeded, if lots are created which are ten or more acres in size, these lots shall include a deed restriction against further subdivision.
(5) In subdivisions where some of the resultant individual lots are ten acres or more in size, no further subdivision of these lots shall be permitted This restriction shall be included in the lot's deed
(e) Design standards for public roads It is the intent of this paragraph to minimize the amount of site disruption caused by roadways and the associated grading required for their construction The standards are as follows
(1) Right-of-way width: 50 feet
(2) Cartway width- 24 feet.
(3) Maximum number of units per public dead end street 25.
(4) 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 10)
(5) Curbing: Curbing shall be used only where necessary to provide for storm water management. Where curbing is required, Belgian Block or equivalent material shall be required
(6) Roadways shall follow existing contours to minimize the extent of cuts and fills.
(7) Where sites include linear features such as existing access roads, tree lines, and stone rows, roadways shall follow these features to minimize their visual impact
(8) Roadways shall not be located in open fields
(f) Driveways. It is the intent of this paragraph to use private drives for access to the residential lot providing the following standards are satisfied.
(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 11)
(3) The maximum number of units served by a common driveway shall be four (see diagram 12)
(4) Minimum driveway width: 12 feet paved with two foot graded and stoned shoulders
(5) Paving shall be required in areas where driveway grade is in excess of six (6) percent,
(6) Maximum length of common driveway 1,000 feet (see diagram 12)
Diagram 12 (Diagram Missing)
(7) All driveways in excess of 500 feet shall provide a 10' x 30' turnout. The exact location of the turnout shall be determined by the board with the review of the fire department (see diagram 13)
DRIVEWAY TURNOUT FOR FIRE DEPARTMENT VEHICLES (Diagram Missing)
(8) All driveway areas shall be included in the total lot disturbance calculation for the lot on which the driveway is located.
(9) All lots using common driveways shall provide a driveway maintenance agreement to be reviewed and approved by the board's professionals The maintenance agreement shall include an escrow fund to ensure that the driveway will be maintained.
(g) Stormwater management In order to maximize the effectiveness of the MIDD Ordinance, storm water management will be required as deemed appropriate and in as natural a way as may be engineered. The standards are as follows-
(1) Existing natural drainage ways shall be retained
(2) Where stormwater management facilities are required, they shall be designed in as small an area as possible. The ratio of the basin's area to volume shall be minimized.
(3) Retention basins shall be used where basins are required
(4) All basins shall require landscaping plans. The basins shall resemble natural ponds to the maximum extent practical
(5) Basin landscaping materials shall be selected which enhance wildlife habitat
(h) Central water facilities. Central water facilities are not encouraged due to the fact that they are often highly visible and become dominant features of the landscape. However, when they are to be used, the following standards shall be met:
(1) Where central water facilities are utilized, their visual impact shall be minimized The overall size, height, and location shall all be considered
(2) Water towers shall not be placed on top of ridge lines (see diagram 14)
(3) The height of water towers shall be limited to an elevation below the crown line of mature on- site trees (see diagram 14)
(4) Where a tract contains barns or silos, these structures may be used to conceal a water storage facility.
(i) Permissible development within the water feature buffer In order to limit development within the highly visible and environmentally sensitive area around lakes, the following standards shall be imposed
(1) Not more than 25 linear feet of shoreline per lot shall be disturbed This includes docks, bulkheads and beach areas
(2) Structures permitted in the buffer area: docks, bulkheads, patios, terraces, decks and pathways (see diagram 15)
(3) Patios, terraces, and decks shall be unroofed and shall not exceed 400 square feet in area The maximum height above grade shall be limited to 24 inches (see diagram 15)
(4) The total maximum disturbance within the buffer area shall not exceed 1,000 square feet (see diagram 15)
(j) Landscaping and lawns The goal of this section is to limit the disturbance and impacts associated with establishment of extensive residential lawns.
(1) Existing vegetation shall be preserved in areas where disturbance is not necessary outside of the building envelope (see diagram 16)
(2) The creation of lawn areas in excess of 10,000 square feet is prohibited. Lawn areas shall be included in the total lot disturbance calculation. In instances where a lot includes open field areas, these areas may be seeded without being included in the 10,000 square foot toted or the total site disturbance calculation.
(3) Where landscaping is proposed, native species shall be included in the design
(4) Where building envelopes are located in woodlands, a treed area of at least 30 feet between the building envelope and the common drive or roadway shall be retained (see diagram 16)
(k) Fencing In order to maintain natural undisturbed appearances, fencing is frowned upon Where fencing is needed, the following standards shall be met
(1) Perimeter fencing of lots is not permitted (see diagram 17)
(2) Fencing may be constructed on the perimeter of or within the building envelope area of lots (see diagram 17)
(3) The fencing restriction shall not apply to agricultural uses as defined in the zoning ordinance
(4) Critical areas located outside of building envelopes shall not be fenced
(l) Signage.
(1) Permanent on-site development identification signs are prohibited.
(2) Where the planning board determines that a development identification sign is appropriate, its area shall be limited to eight square feet and its construction shall be of natural materials (i e. wood and stone) and the haw area shall be appropriately landscaped
3) Resident identification signs are permitted at entrances to driveways The maximum height of residence identification sign shall be eight feet Each individual name sign shall not be more than one square foot. (see diagram 18)
(m) Lighting. Since artificial lighting is often highly visible and adversely affects the rural character of an area, it is specifically discouraged except for those specific categories listed below:
(1) Site lighting shall only be provided where warranted to address specific safety conditions
(2) Where lighting is proposed along public roads or common driveways, locations and intensities shall be subject to approval of the planning board.
(n) Concrete engineered structures. In any development, some engineered structures are necessary for access and drainage In order to accommodate the installation of infrastructure, the following standards, however, must be strictly adhered to by any applicant:
(1) Visible structures such as curbing, culverts, walls, and outlet structures shall not be stark white
(2) The use of dyed and textured concrete as well as the use of other natural materials is required to minimize the visual impact of these structures
(o) Accessory structures and buildings
(1) Accessory structures and buildings shall be located within the building envelope areas except as otherwise permitted in this paragraph
(2) Driveways, septic areas and wells may be located outside of the building envelope
(3) Accessory buildings shall not be located in front yard areas
(p) Existing structures.
(1) When a tract contains wasting 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
(q) Guardrails. Where guardrails are necessary, they shall be constructed of wood.
6. Exemptions. The aforementioned standards stall apply to new minor and major subdivisions within the MIDD-1 zone. Nothing herein shall be construed so as to restrict lots legally in existence prior to the date of adoption of this paragraph. Existing lots may be developed with single- family uses in accordance with the following requirements.
a. Minimum lot area - 40,000 square feet
b. Minimum lot width - 200 feet
c. Minimum yard requirements:
1. Front yard - 50 feet
2. Side yard - 20 feet
3. Total of two side yards - 30 percent of lot width
4. Rear yard -
d. Maximum percent of lot coverage by impervious surfaces - 15 percent
e. Maximum height - two and one-half stories or 30 feet whichever is less.
f. Accessory structures - All accessory structures are prohibited in front yard areas, except as regulated in subsection 13-5.8. All accessory structures shall meet the following requirements:
1. Maximum height-15 feet
2. Side yard -10 feet
3. Rear yard - 10 feet
g. Off-street parking shall be required as set forth in Section 13-8.
7. Lake Communities. Existing single-family structures in unsubdivided lake communities are exempt from the bulk requirements of the MIDD-1 Zone. New principal structures must meet the requirements of the MIDD1 zone. Existing single-family structures must meet the following standards:
a. Principal buildings
1. Minimum distance between buildings - 20 feet.
2. Minimum distance to lake - 15 feet or the existing setback, whichever is less.
3. Minimum distance to centerline of any road or common driveway as defined in Section 13- 5.5dd5(f) - 15 feet or existing setback, whichever is less.
4. Maximum height - 2 and one half stories or 30 feet, whichever is less.
5. Minimum distance to a property line - 40 feet.
6. Maximum size of addition - 100% of existing structure or 500 square feet, whichever is less.
b. Accessory structures, excluding docks and boathouses
1. Minimum distance to associated principal structure - 5 feet.
2. Minimum distance to separate principal structure - 10 feet or existing setback, whichever is less.
3. Minimum distance to centerline of any road or common driveway as defined in Section 13- 5.5dd5(f) - 10 feet.
4. Maximum height - 15 feet.
**Webmaster's Note: The previous section has been amended as per Ordinance No. 98-6.
b. MIDD-2 Minimum Impact Residential District
1. General. The purposes, definitions and submission requirements set forth in subsections 1, 2 and 3 of the MIDD-1 district are also applicable to the MIDD-2.
2. Zoning Requirements.
(a) Principal Uses and Structures Permitted. The following uses and structures shall be permitted in the MIDD-2 district:
(1) Principal uses and structures permitted in the MIDD-1 district
(2) Municipal buildings and grounds.
(3) Parks and. playgrounds
(b) Permitted Accessory Uses and Structures. All accessory uses and structures set form in subsection 4(b) in the MIDD-1 district shall be permitted in the MIDD-2 district.
(c) Conditionally permitted uses. The following uses are permitted only after review and approval by the Board to ensure compliance with the standards and criteria set font in subsection 13-5.8:
(1) Conditional uses set ;one in subsection 4(c) in the MIDD-1 district.
(2) Country clubs and private swimming or tennis clubs.
(3) Commercially operated golf courses.
(4) Institutional and public uses.
(5) Churches.
(6) Public and private schools.
(7) Public utility uses and essential services.
(d) Bulk requirements and other conditions. The following requirements are applicable to the MIDD-2 district:
(1) Density. The maximum permitted density within the district tall be .3 units per acre. In order to calculate the maximum permissible number of lots, the total gross tract acreage is multiplied by 33.
(2) All other bulk requirements and development regulations set forth in subsection d in the MIDD-1 district shall apply to the MIDD-2 district.
(a) Design Standards. The design standards set forth in subsection 5 in the MIDD-1 district are also applicable to the MIDD-2 district.
(f) Exemptions. Lots legally in existence prior to the date of adoption of this paragraph maybe developed with single-family uses in accordance with the requirements set forth in subsection 6 in the MIDD-1 district.
**Note: The previous section has been amended as per Ord. No. 98-6.