[Amended 10-20-1998 by Ord. No. 98-6; 3-16-1999 by Ord. No. 99-1; 6-1-2004 by Ord. No. 2004-4; 6-1-2004 by Ord. No. 2004-7; 3-1-2011 by Ord. No. 2011-01]
The purposes of these districts 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 districts 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-10, MIDD-5 and MIDD-3 Zones in order to
ensure that the development of the zones is regulated in a manner
that is fair, efficient and effective as to those persons owning property
affected by this subsection. (See Proposed Zone Change Map 16.)
For the purposes of this article, unless the context clearly
indicates a different meaning, the following definitions shall apply:
The process of rehabilitating an existing structure for a
permitted principal or accessory use.
An open space design principle whereby large open space areas
are connected via appropriate linear open space. Stream corridors
and ridgelines are among areas which may be used to provide linkage.
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.
The concentration of open space in large contiguous tracts
in appropriate areas.
All tract disturbance not associated with the development
of individual lots, including areas disturbed for roadways, utility
systems and stormwater management basins to address stormwater for
the entire development.
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 Districts must also provide
a preliminary design assessment fulfilling the requirements of the
preliminary design assessment checklist contained in Appendix A.[1] This assessment shall also include a graphic and narrative
site feature inventory, all significant site features, including all
critical areas, vistas, ridgelines, wetlands, floodplains, slopes,
tree lines, stone rows, significant rock outcrops and free masses,
rare and endangered species habitats, trout maintenance and trout
production streams and any additional features uniquely affecting
a site.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Wildlife management plan. In projects involving 100 or more acres,
a wildlife management plan shall be submitted fulfilling the requirements
of the wildlife management plan checklist contained in Appendix B.[2] This plan shall also address measures taken to preserve
and improve on-site wildlife habitat. Rare and endangered species
habitat protection shall be addressed if applicable.
[2]
Editor's Note: Appendix B is included at the end of this chapter.
C.
Lake management plan. All applicants for major subdivisions which
involve a lake or pond of five acres or more in the MIDD-10, MIDD-5
and MIDD-3 Zones must provide a lake management plan in accordance
with the lake management plan checklist contained in Appendix C.[3]
[3]
Editor's Note: Appendix C is included at the end of this chapter.
A.
Principal uses and structures permitted.
(1)
The following uses and structures shall be permitted in the MIDD-10
District:
(a)
Detached single-family dwellings.
(b)
Farms containing a minimum of five acres.
[1]
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 farms
and/or animal processing facilities shall be permitted on a farm.
[2]
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.
(c)
Wood lot management in accordance with a wood lot management
plan prepared by a certified forester.
(d)
Cluster development.
B.
Permitted accessory uses. The following accessory uses shall be permitted
in the MIDD-10, MIDD-5 and MIDD-3 Districts:
(1)
Home occupations.
(2)
Required off-street parking.
(3)
Private garages.
(4)
Farm stands in connection with a farm.
(5)
Private swimming pools and tennis courts.
(6)
Horses and/or ponies for riding purposes in connection with a single-family
residence use where such use is the principal use of the property
and the horse or/pony is owned by a member of the family occupying
such single-family dwelling unit. The keeping of horses and/or ponies
shall be conditioned upon the following requirements:
(a)
The following ratio of the number of horses and/or ponies shall
be met. A minimum of three acres shall be required for the first horse
and/or pony, and one additional acre shall be required for each additional
horse and/or pony.
(b)
The property shall have adequate property to allow for pasture
and grazing.
(c)
All structures for the housing of such animals, including stables,
corrals and fences, shall be at least 50 feet from all side and rear
lot lines.
(7)
Chickens, chicks or other domestic fowl for individual purposes/use
in connection with a single-family residential use. The keeping of
chickens, chicks or other domestic fowl shall be conditioned on the
following requirements:
(a)
No property is permitted to keep more than six hens, and no
person shall be permitted to keep a male chicken (rooster).
(b)
No property owner shall slaughter hens on his or her property.
(c)
Chickens, chicks or other domestic fowl shall be provided with
a covered enclosure and must be kept in a covered or fenced enclosure
at all times.
(d)
Enclosures erected to house chickens, chicks or other domestic
fowl shall not be permitted in the front yard and must be at least
20 feet from any property line.
(8)
Any other use which the Zoning Board of Adjustment determines is
one customary and incidental to the principal permitted use of the
property.
C.
D.
Bulk requirements and other conditions. The following requirements
are applicable in the MIDD-10, MIDD-5 and MIDD-3 Districts:
(1)
Density.
(a)
MIDD-10 District: The maximum permitted density within the MIDD-10
District shall be one unit per 10 acres. In order to calculate the
maximum permissible number of lots, the total gross tract acreage
is divided by 10. (See Diagram 1.[1])
[1]
Editor's Note: Diagram 1 is included at the end of this chapter.
(b)
MIDD-5 District: The maximum permitted density within the MIDD-5
District shall be one unit per five acres. In order to calculate the
maximum permitted number of lots, the total gross tract acreage is
divided by five.
(c)
MIDD-3 District: The maximum permitted density within the MIDD-3
District shall be one unit per three acres. In order to calculate
the maximum permissible number of lots, the total gross tract acreage
is divided by three. (See Diagram 1.)
(2)
Bulk requirements for MIDD-10, MIDD-5 and MIDD-3 Districts.
(a)
Minimum lot size with individual well and septic: 40,000 square
feet.
(b)
A minimum lot size with central water: 30,000 square feet.
(c)
Maximum building envelope size: 40% of lot area or 20,000 square
feet, whichever is less. (See Diagram 2.[2])
[2]
Editor's Note: Diagram 2 is included at the end of this chapter.
(d)
Maximum total lot disturbance: 50% of lot area or 30,000 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.[3])
[3]
Editor's Note: Diagram 3 is included at the end of this chapter.
(e)
Maximum total tract disturbance for public improvements, including
streets, utilities and stormwater management facilities provided to
service the overall development, shall not exceed 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.
(f)
Minimum spacing between building envelopes on adjacent lots:
50 feet. (See Diagram 4.[4])
[4]
Editor's Note: Diagram 4 is included at the end of this chapter.
(g)
Minimum spacing between building envelopes and tract boundary:
25 feet. (See Diagram 5.[5])
[5]
Editor's Note: Diagram 5 is included at the end of this chapter.
(h)
No building envelope shall be placed closer than five feet to
any interior lot line. (See Diagram 4.)
(i)
Minimum spacing of building envelope from on-site public or
private streets: 35 feet. (See Diagram 5.)
(j)
Minimum spacing between building envelope and off-site public
private streets: 50 feet.
The following criteria shall be considered design standards
pursuant to Article 6 of the New Jersey Municipal Land Use Law. It
is recognized that all 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.
B.
Locating building envelopes. These standards aim to ensure that the
disturbed areas of any parcel are, to the minimum 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
article. The standards to be adhered to are as follows:
(1)
Building envelopes shall be selected which do not include the tops
of ridgelines. (See Diagram 7.[1])
[1]
Editor's Note: Diagram 7 is included at the end of this chapter.
(2)
Building envelopes shall avoid wooded areas. (See Diagram 7.)
(3)
Building envelopes shall be located in fields or along the edge of
wooded areas and shall be located in such a way to minimize the visual
impact of development when feasible. (See Diagram 7.)
(4)
Building envelopes shall not include wetlands, transition areas and
floodplains.
(5)
Building envelopes shall not include areas with slopes of 35% or
greater. (See Diagram 7.)
C.
Clustering. In order to minimize the impact development shall have
within the MIDD Districts, clustering is strongly encouraged. The
standards contained in this section shall be strictly adhered to,
unless extraordinary circumstances exist.
(1)
Clustering shall be permitted upon the submission of an acceptable
open space management plan.
(2)
Open space and conservation easement areas shall be designed with
massing and linkage as guiding principles.
(3)
Each area of common open space shall have at least two fifteen-foot-wide
pedestrian access points accessible from a public roadway.
(4)
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.[2])
[2]
Editor's Note: Diagram 8 is included at the end of this chapter.
(5)
No increase in density shall be permitted when using the cluster
option.
D.
Conservation easement/deed restrictions. Applications 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.[3] All land preserved through conservation and/or deed restrictions
shall be enforceable and monitored by the Township and, as applicable:
for environmental protection, the NJDEP Green Acres or a qualified
land trust nonprofit organization, or for agricultural use, the CADB
or the SADC. All conservation set-asides shall be deed restricted
against further subdivision and shall consist of one contiguous parcel,
to the maximum extent feasible. The conservation easements, deed restrictions
and open space organization documents shall be subject to the review
and approval of the Board Attorney, Engineer and Municipal Attorney.
(1)
Conservation easements shall be required for all natural resources
and critical areas located outside of the building envelope, including
forested resource areas, open water bodies/wetlands and required transition
areas, steep slopes in excess of 35%, critical habitat areas, floodplains,
scenic resource areas and historic, cultural and archeological resources.
(See Diagram 9.[4])
[4]
Editor's Note: Diagram 9 is included at the end of this chapter.
(2)
When agricultural resources are preserved through clustering, conservation
easements/deed restrictions shall be required in accordance with the
following standards:
(b)
Retention of original farmstead or construction of new farmsteads
associated with the preserved agricultural lands shall be permitted.
(c)
The preserved agricultural lands shall include an appropriate
buffer to avoid conflicts between agricultural operations and adjacent
residential development.
(3)
All subdivision plats shall contain a reference to any required conservation
easement.
(4)
The minimum tract density shall not be exceeded; in subdivisions
where some of the resultant individual lots are in excess of the zone
density, no further subdivision of these lots shall be permitted.
This restriction shall be included in the lot's deed and set forth
on the subdivision plat.
[3]
Editor's Note: Appendix E is included at the end of this chapter.
E.
Design standards for public roads. It is the intent of this subsection
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: in accordance with Residential Site Improvement
Standards.
(2)
Cartway width: in accordance with Residential Site Improvement Standards.
(3)
Minimum number of units per public dead-end street: in accordance
with Residential Site Improvement Standards.
(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.[6])
[6]
Editor's Note: Diagram 10 is included at the end of this chapter.
(5)
Curbing. Curbing shall be used only where necessary to provide for
stormwater 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 subsection to use private drives
for access to the residential lot, provided that 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.[7])
[7]
Editor's Note: Diagram 11 is included at the end of this chapter.
(3)
The maximum number of units served by a common driveway shall be
four. (See Diagram 12.[8])
[8]
Editor's Note: Diagram 12 is included at the end of this chapter.
(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 6%.
(6)
Maximum length of common driveway: 1,000 feet. (See Diagram 12.)
(7)
All driveways in excess of 500 feet shall provide a ten-foot by thirty-foot
turnout. The exact location of the turnout shall be determined by
the Board with the review of the Fire Department. (See Diagram 13.[9])
[9]
Editor's Note: Diagram 13 is included at the end of this chapter.
(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. The agreement shall be drafted in
general conformance with the recommendations and language contained
in Appendix D.[10]
[10]
Editor's Note: Appendix D is included at the end of this chapter.
G.
Stormwater management. In order to maximize the effectiveness of
the MIDD Ordinance, stormwater 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 drainageways 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 such basins are practical.
(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 ridgelines. (See Diagram
14.[11])
[11]
Editor's Note: Diagram 14 is included at the end of this chapter.
(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.[12])
[12]
Editor's Note: Diagram 15 is included at the end of this chapter.
(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 subsection 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.[13])
[13]
Editor's Note: Diagram 16 is included at the end of this chapter.
(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 ten-thousand-square-foot total
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.[14])
[14]
Editor's Note: Diagram 17 is included at the end of this chapter.
(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 this chapter.
(4)
Critical areas located outside of building envelopes shall not be
fenced except to address safety issues.
(5)
Where fences are installed, natural materials and colors shall be
used to the extent possible.
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,
its construction shall be of natural materials (i.e., wood and stone)
and the base area shall be appropriately landscaped.
(3)
Resident identification signs are permitted at entrances to driveways.
The maximum height of residence identification signs shall be eight
feet. Each individual name sign shall not be more than one square
foot. (See Diagram 18.[15])
[15]
Editor's Note: Diagram 18 is included at the end of this chapter.
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:
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:
O.
Accessory structures and buildings.
(1)
Accessory structures and buildings shall be located within the building
envelope areas except as otherwise permitted in this subsection.
(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.
(4)
Height. The height of an accessory structure shall not exceed 15
feet, except that agricultural barns and accessory structures essential
to farm operations may be up to 40 feet in height.
P.
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.
Q.
Guardrails. Where guardrails are necessary, they shall be constructed
of wood.
R.
Principal buildings. The height of the principal structure on a lot
shall not exceed 2 1/2 stories or 35 feet, whichever is less.
The aforementioned standards shall apply to new minor and major
subdivisions within the MIDD-10, MIDD-5 and MIDD-3 Districts. Nothing
herein shall be construed so as to restrict lots legally in existence
prior to the date of adoption of this article. Existing lots may be
developed with single-family uses in accordance with the following
requirements:
Existing single-family structures in unsubdivided lake communities
are exempt from the bulk requirements of the MIDD-10 Zone. New principal
structures must meet the requirements of the MIDD-10 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 center line of any road or common driveway, as defined in § 185-23F: 15 feet or existing setback, whichever is less.
(4)
Maximum height: 2 1/2 stories or 30 feet, whichever is less.
(5)
Minimum distance to a property line: 40 feet.
(6)
Maximum size of addition: 100% of the existing footprint or 500 square
feet of additional footprint whichever is less.
[Amended 10-28-2015 by Ord. No. 2015-17]
B.
Accessory structures, excluding docks and boathouses.
