Township of Hardyston, NJ Article XVI Regulations Governing Conditional Uses

§ 185-57 General.

A. Application for conditional use. Application for conditional use shall be made to the Planning Board pursuant to the authority of N.J.S.A. 40:55D-67 (or to the Zoning Board of Adjustment pursuant to the authority of N.J.S.A. 40:55D-76, Subdivision b). The application shall be made in accordance with the instructions of the Planning Board and shall be accompanied by a site plan prepared in accordance with the requirements of Chapter 147, Site Plan Review.

B. Hearing required. The applicant shall give notice pursuant to the requirements of N.J.S.A. 40:55D-12, such notice setting forth the date, time and place of the hearing and the nature of the matter to be considered, pursuant to the authority of N.J.S.A. 40:55D-11, only after such date of the hearing shall have been fixed, after a determination that the application is complete, in accordance with the procedures of the Planning Board.

C. Issuance of permit. The Board shall not order, direct or authorize issuance of a permit for conditional use unless it shall find that such use:

(1) Is a use permitted in the zone district as a conditional use;

(2) Meets the requirement set forth for the particular conditional use hereafter described; and

(3) Meets all of the required conditions for the zone district or variances granted therefrom, except where the conditions herein set forth specifically amend such requirements. Compliance with such other provisions of this chapter for the zone in which the conditional use is located, as well as any supplemental use regulations, is not intended to be a specific condition for the conditional use; and, therefore, such other provisions may be varied in accordance with N.J.S.A. 40:55D-70, Subdivision c.

§ 185-58 Specific conditions for conditional uses.

A. Country clubs and private swimming or tennis clubs.

(1) No building shall be located within 50 feet of any property line.

(2) Retail sales shall be restricted to members and their guests only.

(3) Unenclosed recreational facilities shall be located not less than 50 feet from any property line and shall be effectively screened from adjoining residential uses.

(4) No public address system shall be permitted which is audible at any property line.

(5) Lighting shall be of the type which directs the light to the ground.

B. Institutional and public uses.

[Amended 7-18-2000 by Ord. No. 2000-12]

(1) Such uses shall be permitted in residential zones only if the property has direct access on to a state highway or county road or on to a local road which has direct access to a state highway or a county road. Said local road must have a minimum uniform paved width of 24 feet along its entire length, and parking must be prohibited along the entire length of the local road used for access.

(2) A minimum lot area of five acres shall be provided.

(3) All of the required off-street parking shall be located on the same lot as the principal use.

(4) The maximum impervious coverage shall not exceed 40%.

(5) The front and rear yards shall be a minimum of 75 feet.

(6) Each side yard shall be a minimum of 50 feet.

C. Public and private schools.

(1) Minimum tract size 10 acres.

(2) There shall be a buffer strip between school playgrounds and adjoining residential districts of evergreen or other appropriate planting as approved by the reviewing board.

D. Public garages and service stations, automotive.

(1) Such uses shall be located a minimum distance of 1,500 feet from theaters and public recreation uses and drive-in uses, as measured from the perimeter of the lot line.

(2) All repairs and services shall take place within the principal structure.

(3) The minimum lot area shall be one acre, with a minimum street frontage of at least 100 feet.

(4) The walls of the principal structure shall be at least 25 feet from the side and rear property lines and at least 40 feet from a street right-of-way line.

(5) All exit and entrance drives shall be at least 10 feet from any adjoining property line and 20 feet from the corner of an intersecting public street.

(6) Any fuel or air pump and filler pipe shall be located 25 feet from any property line.

E. Vehicular sales: public garage.

(1) The minimum lot area shall be five acres.

(2) The lot shall be located on a primary or arterial street.

(3) The office must be located on the lot, and sanitary facilities for the use of customers must be provided.

(4) All sales and repair activities shall take place within a principal structure.

F. Farm stands. Farm stands not exceeding 15 feet by 20 feet in size shall only be permitted where:

(1) The agricultural products sold are in their natural state or are processed on the farm from produce grown on the farm.

(2) The stands are located on a farm and are not affixed to a foundation. The stands shall be removed from the front yard between November 1 and the following June 15.

(3) 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 or closer than 25 feet to the front property line.

(4) 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 in this chapter.

(5) The sale of any such products shall also require that a suitable amount of off-street parking and loading space be required as provided in this chapter.

G. Libraries.

(1) Minimum lot size: five acres.

(2) Maximum lot coverage: 20%.

(3) Off-street parking must be provided as required by Article XX.

H. Drive-through facilities.

[Amended 9-30-2021 by Ord. No. 2021-07]

(1) Queues.

(a) Queues shall be wholly contained on the subject property and shall not interfere with parking spaces, loading spaces, circulation aisles, ingress/egress driveways, or emergency vehicle access.

(b) Queues shall be incorporated into the overall site circulation plan and shall therefore not have separate dedicated ingress/egress to surface streets. Additional site ingress/egress driveways dedicated to queues shall not be permitted.

(c) Queue length shall be measured from the point at which queued drivers are required to wait the longest for the proposed service, whether that be the initial ordering point or the point of service delivery, back to the point at which entering the queue cannot interfere with parking spaces, loading spaces, circulation aisles, ingress/egress driveways, or emergency vehicle access. Under no circumstances shall parking spaces, loading spaces, circulation aisles, ingress/egress driveways, or emergency vehicle accesses or surface roadways and shoulders be considered acceptable parts of a queue.

(d) Applicants shall provide a traffic study prepared by a licensed professional documenting relevant and verifiable local/regional traffic data of peak hour drive-through turnover rates for the proposed use, and/or using corporate/industry data for similar uses or nationwide Institute of Traffic Engineers (ITE) data if no other data is available. The required queue length, per service delivery lane, shall be determined by utilizing the latest NJDOT Highway Access Permit System calculation for peak hour trips of the proposed use, dividing by the accepted hourly turnover rate per service delivery lane, rounding the product up to the nearest integer, and multiplying by 20 feet per vehicle. Where there proposed use does not exactly match NJDOT or ITE nomenclature the closest use with the highest peak hour shall be used.

(e) Minimum length. In no instance shall the queue length be less than 200 feet (10 vehicles by 20 feet) per service delivery lane.

(f) Minimum width. In no instance shall a queue lane be less than 10 feet wide.

(g) Bypass lane. Queue lanes shall have a bypass lane not less than 12 feet wide to permit queued drivers the opportunity to exit the queue and reenter the parking lot and/or to allow emergency vehicles and other motorists to circulate passed the queue through the parking lot. Where there are multiple side-by-side queues, such as but not limited to car washes and banking institutions, the bypass lane shall be adjacent to the outermost queue.

(h) Queue entrances, exits, height restrictions, lanes, and directionals shall be appropriately signed and striped. Stop signs shall be provided where the queue exit intersects site circulation aisles.

(i) Trash and recycling receptacles must be provided within the queue at a rate of one for every 100 feet of queue length.

(2) Buffer. Where adjoining properties are zoned or used for residential purposes there shall be a solid six-foot fence and a minimum three feet wide landscape buffer with dense shrubbery that matures at a minimum six feet height. The fence and buffer shall be installed continuously adjacent to the queue and/or bypass lane inclusive of locations where vehicle headlights entering and exiting the queue can shine across the property line. The buffering is intended to protect adjoining properties from light, noise, and exhaust fumes.

(3) Noise. The maximum volume of any exterior speakers used for taking orders shall not exceed 65dB. There shall be no speakers or sound making devices that are not part of the ordering system and no ambient background music shall be permitted.

(4) Hours of operation. Where adjoining property is zoned or used for residential purposes:

(a) Drive-through hours are restricted to 7:00 a.m. to 10:00 p.m. for all potential uses.

(b) Where the hours of operation for the drive-through use are less than those permitted for the internal use, the closing and opening of the drive-through must be clearly signed for approaching drivers.

(5) Light. Drive-through facilities shall be designed so that site and vehicular light sources shall not unreasonably spill over or be directed onto adjacent residential properties and shall otherwise conform to the lighting standards set forth in Article XXVIII, Outdoor Lighting, of the Zoning Ordinance. Drive-through lighting, inclusive of menu boards and ordering stations, shall be turned off when not in operation. Excepting that a lit "Drive-Thru Closed" sign conforming with shielding and light trespass requirements is permitted at the queue entrance to alert approaching drivers.

(6) Pedestrian walkways. Pedestrian walkways must have clear visibility, and be emphasized by enhanced paving or markings when they intersect the queues. Drive-through lanes shall be designed and placed to minimize their crossing principal pedestrian access ways or otherwise impeding pedestrian access. The entrance/exit doors of internal uses shall be located in such a manner that a person entering/exiting such use is not required to immediately cross a drive-through exit lane.

(7) Parking. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces for the accompanying use.

I. Public utility uses and essential services.

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection I(1), Essential services, was repealed 6-1-2004 by Ord. No. 2004-4.

(2) Public utility uses, essential services and structures necessary and convenient for the satisfactory provision of services by the utility to the neighborhood or area in which the particular use is to be located shall be permitted in accordance with the terms and conditions hereinafter set forth. The regulations set forth below shall not be applicable to the Township of Hardyston or to the Hardyston Township Municipal Utilities Authority.

[Amended 6-1-2004 by Ord. No. 2004-4]

(a) Essential services.

[1] Such uses shall be permitted in all districts. No service or storage yard shall be permitted in residential districts.

[2] Minimum yard requirements.

[a] Front yard: 50 feet.

[b] Side yard: 25 feet.

[c] Rear yard: 25 feet.

[3] Height requirement: as set forth for the zone in which the facility is to be located.

[4] Parking as required by the reviewing board in accordance with the applicable provisions of Article XX.

[5] There shall be a buffer strip between the subject lot and adjoining residential districts; such buffer strip shall provide adequate screening of the proposed facility from residentially zoned property. Such screening shall be evergreen or other appropriate planting as approved by the reviewing board.

[6] The lot shall be appropriately landscaped.

(b) Public utility uses.

[1] Such uses shall be permitted in all districts. No service or storage yard shall be permitted in residential districts.

[2] A minimum lot area of 10 acres shall be required.

[3] Minimum lot width: 100 feet.

[4] Minimum yard requirements.

[a] Front yard: 100 feet.

[b] Side yard: 75 feet.

[c] Rear yard: 100 feet.

[d] Maximum height: two stories or 30 feet.

[5] Maximum lot coverage: 30%.

[6] All of the required off-street parking shall be located on the same lot as the principal use, in accordance with the requirements for laboratory and research uses, and shall otherwise be in compliance with Article XX.

[7] The lot shall be appropriately landscaped. There shall be a buffer strip between the subject lot and adjoining residential district, at least 10 feet in width, that shall be planted with evergreen or other appropriate planting as approved by the reviewing board.

[8] All entrance and exit drives shall be at least 10 feet from adjoining property lines and at least 20 feet from the corner of an intersecting public street.

(3) Public utility uses.

(a) Such uses shall be permitted in all districts.

(b) A minimum lot area of 10 acres shall be required.

(c) Minimum lot width: 100 feet.

(d) Minimum yard requirements:

[1] Front yard: 100 feet.

[2] Side yard: 75 feet.

[3] Rear yard: 100 feet.

[4] Maximum height: two stories or 30 feet, except that microwave relay, cable transmission and radio towers which are accessory uses to the primary public utility use, located on the same lot, shall be exempted from height regulations so long as such towers are located as close to the center of such lot as topography will permit or as required for necessary regulatory permits and all guys and supporting structures are located within the boundaries of said lot.

[5] Maximum lot coverage: 30%.

(e) All of the required off-street parking shall be located on the same lot as the principal use, in accordance with the requirements for laboratory and research uses; and shall otherwise be in compliance with Article XX.

(f) There shall be a buffer strip between the subject lot and adjoining residential district, at least 10 feet in width, that shall be planted with evergreen or other appropriate planting as approved by the reviewing board.

(g) All entrance and exit drives shall be at least 10 feet from adjoining property lines and at least 20 feet from the corner of an intersecting public street.[2]

[2] Editor's Note: Former Subsection I(3)(h), which provided that the lot shall be appropriately landscaped, and which immediately followed this subsection, was repealed 6-1-2004 by Ord. No. 2004-4.

J. Residence uses in business buildings.

(1) Dwelling units permitted in business buildings may be located either above the commercial portion of the building or at one side thereof.

(2) There shall be two separate means of ingress and egress from each such dwelling unit without entering the commercial portion of the building.

(3) Dwelling units shall meet all requirements of the Chapter 104, Housing.

(4) There shall be at least 5,000 square feet of rear yard area available for each dwelling unit in a commercial building, which yard area shall not be included in any required off-street parking space and shall be available for the exclusive use of the occupants of the dwelling unit.

(5) Off-street parking shall be provided as required in Article IV.

K. Banks and financial institutions.

(1) Minimum tract size: two acres.

(2) No portion of any building or parking area shall be closer than 10 feet to any side or rear yard.

(3) If a drive-in window is provided, there shall be space for at least 10 vehicles to wait in the line to the drive-in window which shall be located completely on the property.

(4) There shall be a buffer of evergreens or other appropriate plantings between any such bank or financial institution and adjoining residential districts or properties.

L. Indoor theaters and bowling alleys.

(1) Minimum tract size: 2 1/2 acres.

(2) Maximum lot coverage by impervious surfaces: 40%.

(3) Off-street parking shall be provided as required by Article XX.

(4) Ten-foot planted buffer strip shall be provided between any parking area and adjoining residential zones or uses.

(5) There shall be separate points of ingress and egress to the lot.

M. Soil removal operations.

(1) There shall be a minimum of 50 feet between any soil removal operation and exterior property line, except as provided below:

(a) Where a soil removal abuts a road, if the finished grade is at or below the existing grade of the center line of the road, no soil removal shall take place within 50 feet of said road. If the existing grade of the tract is above the grade of the existing center line of the road, no soil shall be removed within 20 feet of the right-of-way of said road except in accordance with the plan of such removal as may be approved by the municipal agency as part of the overall plan of soil removal.

(b) Where soil removal is proposed adjacent to land where existing soil removal operations are taking place, the Planning Board shall establish common grades between the two properties and permit soil removal as close to the property line as needed to provide for a reasonable transition between the properties.

(2) Full buffering and a landscaping plan which would include a minimum of 50 feet of planted deciduous and evergreen trees between any soil removal operation and exterior property lines where the minimum one-hundred-foot buffer is required to be maintained.

(3) The maximum height of any structure, machinery or stockpile shall not exceed 40 feet.

(4) The maximum noise level measured at the property line shall be as follows. The Planning Board may require certification of existing or projected noise levels by expert testimony.

Frequency Band (cycles per second)	Sound-Pressure Level Decibels re 0.0002 dyne/cm2
20 to 75	75
75 to 150	60
150 to 300	54
300 to 600	48
600 to 1,200	45
1,200 to 2,400	42
2,400 to 4,800	39
Above 4,800	36

(5) In reviewing a conditional use application for a proposed soil removal operation, the Planning Board shall give careful consideration to the usual items of site plan review, including drainage, impact on adjacent uses, impact on subsurface water, landscaping, parking, lighting, signs, traffic and circulation and safety.

(6) In approving a conditional use, the Planning Board may attach reasonable conditions to assure safety, minimize adverse impacts and ensure that the continued operation meets the intent of Chapter 150, Soil Removal, and the Master Plan of the Township. These conditions may include, but are not limited to, landscaping and buffering, fences and other safety devices, access restricted to county, state or major Township roads and rehabilitation and restoration measures to be implemented during the soil removal operation. The Planning Board shall give careful consideration to a proposed reuse plan which would indicate the extent and phasing of the soil removal operation in a manner which would allow the reuse of the property for its zoned purpose.

N. Sand and gravel processing facilities as part of a soil removal operation.

(1) The minimum tract size shall be 20 acres.

(2) The processing facilities may include washing, crushing, sifting, stockpiling and loading facilities.

(3) No operation involving a processing facility shall be carried out within 100 feet of a residence or 50 feet from a boundary line, whichever is greater.

(4) All processing facilities shall be operated only between the hours of 7:00 a.m. and 7:00 p.m.

(5) The maximum noise level measured at the property line shall be:

Frequency Band (cycles per second)	Sound-Pressure Level Decibels re 0.0002 dyne/cm 2
20 to 75	75
75 to 150	60
150 to 300	54
300 to 600	48
600 to 1,200	45
1,200 to 2,400	42
2,400 to 4,800	39
Above 4,800	36

(6) The maximum height of any equipment or material stockpiled used in sand and gravel operations shall not exceed the maximum height of 40 feet.

O. Commercially operated swimming pools.

(1) Minimum tract size: 20 acres.

(2) Maximum lot coverage by impervious surfaces: 30%.

(3) A ten-foot planted buffer strip shall be provided between the subject premises and any adjoining residential zones or residential uses and a five-foot planted buffer strip shall be provided between the subject premises and all other uses.

(4) There shall be separate points of ingress and egress to the tract.

(5) No public address system or other amplifying system shall be used in such a manner that sounds may be heard off site.

(6) Lighting shall be constructed so that all light is directed downward and ambient light shall be contained on the subject tract.

(7) No outdoor swimming pool, which adjoins a residential zone or use, shall be operated after 10:00 p.m.

(8) One identification sign not exceeding eight feet by 10 feet in area may be constructed at the entrance to the facility, otherwise only directional signs shall be permitted.

(9) Site plan approval shall be obtained.

P. Commercially operated indoor and outdoor tennis courts and other similar court games.

(1) Minimum tract size: 15 acres.

(2) Maximum lot coverage by impervious surfaces: 20%.

(3) A ten-foot planted buffer strip shall be provided between the subject premises and any adjoining residential zones or residential uses and a five-foot planted buffer strip shall be provided between the subject premises and all other uses.

(4) There shall be separate points of ingress and egress to the tract.

(5) No public address system or other amplifying system shall be used in such a manner that sounds may be heard off the tract.

(6) Lighting shall be constructed so that all light is directed downward and ambient light shall be contained on the premises.

(7) No outdoor tennis court which adjoins a residential zone or use shall be operated after 10:00 p.m.

(8) One identification sign not exceeding eight feet by 10 feet in area may be constructed at the entrance to the facility; otherwise, only directional signs shall be permitted.

(9) Site plan approval shall be obtained.

Q. Commercially operated golf courses.

(1) Minimum tract size: 200 acres.

(2) Maximum lot coverage by impervious surfaces: 5%.

(3) No tee or fairway shall be located closer than 50 feet to an outside property line, and no green shall be located closer than 75 feet to an outside property line.

(4) No clubhouse or other facility where food or beverages are served shall be located within 100 feet of an outside property line.

(5) There shall be separate points of ingress and egress to the tract.

(6) No public address system or other amplifying system shall be used in such a manner that sounds may be heard off site.

(7) Lighting shall be constructed so that all light is directed downward and ambient light shall be contained on the subject tract.

(8) One identification sign not exceeding eight feet by 10 feet in area may be constructed at the entrance to the facility; otherwise, only directional signs shall be permitted.

(9) Site plan approval shall be obtained.

R. Commercially operated trail rides and accessory commercial horse stables.

(1) Minimum tract size: 75 acres contiguous acres under the control of applicant or operator.

(2) All trails shall be confined to the tract and shall not cross or be located in the right-of-way of any public road.

(3) No stable shall be maintained nor shall horses be corralled within 100 feet of any public street or road or within 150 feet of any residential zone or residential use, excluding those on the same tract. No trail shall be located within 100 feet of any occupied dwellings. All horses in connection with said trail ride shall be stabled on the premises in a stable owned by applicant or operator; there shall also be a corral of sufficient size for the number of horses stabled. Indoor or outdoor show rings are also permitted.

(4) Horse shows are permitted only upon application to the Planning Board pursuant to the provisions of the ordinance regulating and licensing commercial stables and horse shows in the Township of Hardyston.

(5) If any trail or part thereof is on land which is leased, any conditional use approval shall cease and terminate upon the termination of all or any one of the leases for the land or any portion thereof used for the operation of the trail ride, regardless of the cause of such termination.

(6) Site plan approval shall be obtained.

S. Resort oriented housing in connection with a golf course.

(1) Minimum tract size: 200 acres, plus an additional 100 acres for this use.

(2) Minimum percentage of the total tract which may be devoted to housing shall be between 33% and 60%, dependent upon the size of the parcel and subject to approval by the Planning Board.

(3) Such resort-oriented housing may consist of the following housing types: single-family detached dwellings, single-family detached dwellings with zero-lot-line, golf villas with zero-lot-lines, single-family attached (duplex) dwellings with zero-lot-lines, townhouse dwelling units, multilevel housing units, multistory, common entrance condominium buildings, and age-restricted housing. No more than 35% of the total number of resort-oriented housing units in any project in the CR Zone shall consist of any one of the above-listed housing types. The combined total of multistory, common-entrance buildings and multilevel housing units shall not exceed 50% of the total number of units.

[Amended 10-20-1998 by Ord. No. 98-6; 10-5-1999 by Ord. No. 99-8; 5-15-2001 by Ord. No. 2001-05; 6-20-2006 by Ord. No. 2006-10]

(4) Single-family detached dwellings:

[Amended 10-20-1998 by Ord. No. 98-6; 2-27-2019 by Ord. No. 2019-01]

(a) Minimum lot area: 7,500 square feet.

(b) Minimum lot width: 55 feet.

(c) Yard requirements:

[1] Minimum front yard (from private road): 25 feet.

[2] Minimum rear yard: 25 feet.

[3] Minimum side yard: eight feet.

(d) Maximum percent of lot coverage by imperious surfaces: 45%.

(e) Maximum building height: 2 1/2 stories or 35 feet.

(5) Single-family detached dwellings with zero-lot-line, golf villas, and single-family attached (duplex) dwellings with zero-lot-line shall meet the bulk requirements applicable to zero-lot-line detached dwellings in the R-4 Zone (§ 185-52), except that the maximum tract density and minimum tract area specified for the R-4 Zone shall not apply, and maximum building coverage shall be 40%. For single-family adjacent dwellings with zero-lot-line and golf villas with zero-lot-lines, the common wall and the lot line shall coincide and reciprocal easements shall be executed with respect to such dwelling units, for the benefit of each owner or eventual owner, for the purposes of maintenance of the attached structures. For golf villas with zero-lot-lines, no driveway or garage will be required on the villa lot, but off-street parking in the amount of one parking space per bedroom must be provided for each villa. For golf villas, no parking shall be permitted between the building and the street line but would be permitted along the street between building footprints abutting side yard areas. For golf villas, parking may be on the street in parallel or angle parking spaces. For single-family detached dwellings and zero-lot-line dwellings, the appropriate use of common driveways is encouraged. Where such lots will access off-site street parking, common driveways shall be used where appropriate to minimize the number of curb cuts required.

[Amended 11-12-2002 by Ord. No. 2002-14; 6-20-2006 by Ord. No. 2006-10]

(6) Townhouses.

(a) Townhouses shall meet the bulk requirements applicable to attached single-family dwellings in the R-4 Zone except that:

[1] The maximum tract density, minimum tract area, minimum yard width and minimum front yard setbacks specified for the R-4 Zone shall not apply;

[2] Maximum building coverage shall be 25%;

[3] Minimum distance to a sideline shall be 10 feet if the sideline abuts an area dedicated as green open space, as defined in this chapter; and

[4] Maximum height shall be 35 feet.

[Amended 6-1-2004 by Ord. No. 2004-7]

(b) The developer may provide for townhouse ownership in condominium or fee simple form. If ownership is to be in fee simple:

[1] Each townhouse lot shall at a minimum include the footprint of the townhouse unit and a rear yard of 25 feet;

[2] The bulk requirements specified for the R-4 Zone shall not apply to individual townhouse lots, but rather to the overall tract on which the townhouse community is to be located;

[3] Perpetual easements for access, egress, utilities and maintenance shall be appurtenant to each townhouse lot; and

[4] The form of declaration of covenants, conditions and restrictions governing the townhouse community shall be subject to review and approval by the Planning Board attorney and Township Attorney.

(7) Garden apartments shall meet the bulk requirements applicable to such dwellings in the R-4 Zone, except that:

(a) Maximum tract density and minimum tract area specified for such dwellings in the R-4 Zone shall not apply;

(b) The maximum number of units per structure shall be 16;

(c) Maximum building coverage shall be 30%;

(d) Minimum distance to a private road shall be 25 feet;

(e) Minimum distance to a side property line shall be 50 feet; provided, however, that this setback may be reduced to 10 feet if the sideline abuts green open space, as defined in this chapter;

(f) If the building containing garden apartments is other than rectangular in shape, the overall dimensions of such building shall not exceed 175 feet by 125 feet; and

(g) Maximum height shall be 35 feet.

[Amended 6-1-2004 by Ord. No. 2004-7]

(8) Multi-level housing units shall meet the bulk requirements set forth in § 185-52 and the following requirements:

[Added 10-5-1999 by Ord. No. 99-8]

(a) If the building is other than rectangular in shape, the overall dimensions of such building, exclusive of decks, shall not exceed 200 feet by 125 feet.

[Amended 5-2-2000 by Ord. No. 2000-9]

(b) The sale of the building shall be reduced by vertical offsets at the roofline such as dormers and parapets.

(c) Such units shall be designed such that no more than 50% of the building fascia facing a street shall be devoted to garages, carports or open parking.

(d) The entry face of any garage shall be set back a minimum of three feet from the face of the first story of the structure and shall incorporate at least one of the following design features:

[1] An entry porch not less than 12 feet wide, located in front of the living area;

[2] Enclosed living space over the garage extended to the front face of the garage; or

[3] Any other architectural treatment acceptable to the Board.

(9) Maximum density allowed shall be two units per gross acre, inclusive of the lands required by § 185-58Q, commercially operated golf courses.

(10) In the case of single-family and semidetached one-family dwelling units, at least one of the required parking spaces shall be in a garage which shall be a part of the dwelling unit. The remaining required space(s) shall be provided in the driveway of each dwelling unit, if an additional garage is not provided. In the case of townhouse and multi-level housing units, one required space shall be located in a garage and any additional space(s) shall be located at or immediately adjacent to the unit it is intended to serve. Parking garages may be provided as part of the principal building or as an accessory structure.

[Amended 10-5-1999 by Ord. No. 99-8]

(11) Central sewer and water systems shall be provided. Notwithstanding the foregoing, where available sewage capacity is not adequate to serve an entire development, single-family detached dwellings on minimum 15,000-square-foot lots within such development may be served by individual septic systems, provided that the following conditions are met:

(a) The septic system shall be used for disposal of gray water only, i.e., wastewater from plumbing fixtures other than toilets. All toilet fixtures shall be discharged into the central sewerage system.

(b) Each lot served by a septic system as permitted hereunder must be served by central water.

(c) The developer shall install sewer lines and connections thereto in accordance with the requirements of the Hardyston Township Municipal Utilities Authority; provided, however, that plumbing fixtures other than toilets need not be connected to the central sewerage system.

(d) The design of the septic system shall comply with all applicable laws, requirements and regulations, including requirements of the Township Health Department.

(e) Water conservation plumbing will be installed. This should include, but not be limited to, flow restrictors, toilets which require no more than three gallons per flush and energy-saving appliances.

(12) The construction of the golf course shall have been commenced prior to the issuance of any construction permits for residential dwelling units. After the commencement of such construction, construction permits may be requested for up to 1/3 of the dwelling units contemplated, based on preliminary site plan approval for the entire project. Bonding or other surety, in accordance with state statute, guaranteeing the completion of the golf course shall be posted with the Township of Hardyston, in the manner provided for the posting of bonds, to ensure the installation of required improvements, as set forth in Chapter 158, Subdivision of Land. The municipal agency may approve the issuance of certificates of occupancy to completed dwelling units upon finding that service facilities, such as but not limited to streets, curbs, sidewalks, water, sewer, streetlighting, landscaping and parking areas, as required, have been completed; and further, that the installation of the golf course is on schedule and a sufficient surety has been posted with the Township to guarantee its completion; and further, that the developer is not in default with respect to any of his or her obligations to the Township of Hardyston.

(13) The above requirements are in addition to those set forth in § 185-58Q, commercially operated golf courses.

(14) Notwithstanding anything to the contrary elsewhere in this section, lots for resort oriented housing in the commercial recreation district may front upon a private street or roadway and shall not be required to front upon an approved public street.

(15) Specified sections of a resort oriented housing project may be utilized for age-restricted housing for residents over the age of 55. Such sections shall consist of at least 25 housing units and shall be located in areas that are easily accessible to recreational facilities.

[Added 10-20-1998 by Ord. No. 98-6]

(16) Multistory, common-entrance condominium buildings. The following bulk requirements will be applicable to multistory, common-entrance condominium buildings only:

[Added 6-20-2006 by Ord. No. 2006-10]

Development Standards	Multistory, Common-Entrance Condominium Buildings
Minimum tract area	N/A
Maximum number of units/structures	18
Maximum length of structure	200 feet; below grade parking connections are excluded from building length calculations
Maximum building coverage	30%
Maximum number of single units served by single common entrance	N/A
Minimum number of entrance/exits per unit	N/A; one common lobby entrance for all units is permitted
Maximum height (Note: Basement shall be used for underground parking and shall not be counted towards building height or story maximum. First living level shall be more than 1/2 at or above ground level.)	42 feet (midpoint of the roof to average grade at the base of the building); 3 story maximum. The part of the building encompassing the driveway entrances may be excluded from the average grades.
Minimum distance between groups of structures:
End to end	35 feet
Rear to rear	60 feet
Front to back	75 feet
Front to front	75 feet
Corner to front building face	50 feet measured perpendicular to building face
Corner to rear building face	50 feet measured perpendicular to building face
Front to side (except that buildings may join at corners)	50 feet
Minimum distance to public road	50 feet
Minimum distance to private road	25 feet
Minimum lot width at street	N/A
Minimum lot width at building front line	N/A
Minimum lot depth	N/A
Minimum distance to side property line	25 feet
Minimum distance to rear property line	25 feet
Minimum yard widths	N/A
Minimum front yard	N/A
Minimum rear yard	N/A
Required off set	N/A
Maximum driveway slope	8%*
Parking	Subject to RSIS
Patios and decks	Attached to the building within the building envelope. Also permitted in the rear yard setback where rear yard abuts a golf course or open space but not within 15 feet of the property line.

NOTES:
The entire first level of the building shall be devoted to parking.
Under-building parking may be supplemented by on-street or surface parking as may be necessary to address required parking provisions.
The scale of the building shall be reduced through use of vertical offsets at the roofline, such as dormers and parapets.
*	This is a design standard which may be granted a site plan exception pursuant to N.J.S.A. 40:55D-51.

T. Conference centers. Conference centers, as defined in § 185-4, are permitted as a conditional use in the Commercial Recreation Zone, provided that the following conditions are met:

[Amended 4-6-1999 by Ord. No. 99-4]

(1) General requirements.

(a) Minimum lot area: five acres.

(b) Minimum lot frontage: 400 feet.

(c) Minimum lot width: 400 feet.

(d) Minimum lot depth: 500 feet.

(e) Minimum front yard: 100 feet.

(f) Maximum lot coverage.

[Amended 5-2-2000 by Ord. No. 2000-9]

[1] Seventy-five percent if the conference center is associated with, adjacent to or across the street from an eighteen-hole golf course and the golf course is deed-restricted for golf course use or open space.

[2] Sixty percent for buildings, enclosed structures and impervious surfaces if not associated with a golf course as required in Subsection T(1)(f)[1].

(g) Maximum floor area ratio (FAR).

[Amended 5-2-2000 by Ord. No. 2000-9]

[1] If the conference center is associated with, adjacent to or across the street from an eighteen-hole golf course and if the golf course holes are deed-restricted to perpetual use as a golf course or open space: .5 FAR.

[2] If not associated with a golf course as required in Subsection T(1)(g)[1]: .25 FAR.

(2) Principal building(s).

(a) Minimum distance to property line: 50 feet. However, the Planning Board may grant waivers or site plan exceptions from this setback requirement without requiring a “d” variance where the Planning Board finds the waiver or exception is appropriate pursuant to N.J.S.A. 40:550-51.

[Amended 6-1-2004 by Ord. No. 2004-7]

(b) Minimum distance to street line: 100 feet.

(c) Maximum height: 54 feet.

[Amended 6-1-2004 by Ord. No. 2004-7]

(d) Distance to other building(s): 35 feet or the height of the taller building, whichever is greater.

(3) Accessory buildings.

(a) Distance to property line: 50 feet.

(b) Minimum height: 25 feet.

[Amended 6-1-2004 by Ord. No. 2004-7]

(4) Parking and circulation.

[Amended 5-2-2000 by Ord. No. 2000-9]

(a) If the conference center is not associated with a golf course as required in Subsection T(1)(f)[2] and Subsection T(1)(g)[2], then the parking requirements shall be as follows:

[1] One parking space per rental room.

[2] One parking space per employee during the maximum shift.

[3] One parking space per 200 square feet of retail space.

[4] One parking space for every three seats in the restaurant(s), lounge(s) and conference area(s) or one parking space for every 50 square feet of restaurant/lounge/conference space, whichever is greater.

[5] The reviewing board has the authority to grant design exceptions for the number of parking spaces without a "d" variance.

(b) If the conference center is associated with a golf course as required in Subsection T(1)(f) and Subsection T(1)(g), then the parking standard shall be 1/2 parking space per conference center hotel room, provided that there is a cross easement on a nearby parking lot at the golf course for use by the conference center. The reviewing board has the authority to grant design exceptions for the number of parking spaces without a "d" variance.

(c) Minimum setbacks for parking areas shall be as follows:

[1] Distance to street line: 50 feet.

[2] Distance to property line: 50 feet; 25 feet with landscaping and screening.

(d) Vehicular and pedestrian connections to adjacent properties shall be provided for existing and future use.

(e) Dedicated pedestrian facilities shall be designed to connect freestanding buildings on-site. Amenities shall be provided and may include, but are not limited to, plazas, sitting nodes, patios, benches and landscaping. Pedestrian paths shall be a minimum of eight feet wide.

(f) Curbed sidewalks, not less than eight feet wide, shall be provided along the entire length of any building wall that contains a public entrance or exit in a manner that facilitates safe and efficient pedestrian movement between the conference center, accessory structures, parking area(s) and other buildings on-site.

(g) The conference center shall be served by a maximum of two driveways on an arterial roadway. Shared parking shall be encouraged if the conference center is part of a larger mixed-use development or planned development.

(h) The conference center shall provide off-street loading and unloading for visitors, exhibitors, vendors and suppliers. There shall be adequate space for ingress and egress from streets and for the maneuvering of vehicles. Off-street loading and unloading shall be located at the side or rear of the building. Each space for off-street loading and unloading shall be at least 15 feet in width and 50 feet in depth and a minimum of one space shall be provided for each building.

(5) Architectural design.

(a) Buildings shall be located according to topography, with environmentally sensitive areas avoided to the maximum extent possible.

(b) Uniform streetscape, signage, landscape and architectural style shall be provided.

(6) Other requirements.

(a) The conference center shall contain a minimum of 100 rental rooms.

(b) A maximum of 10% of the floor area of the conference center may be devoted to retail uses. Retail uses are limited to those businesses which are commonly found in hotels and provide services or shopping opportunities to hotels guests.

(c) Amenities shall be provided, including but not limited to meeting moms, pool(s), health club, restaurant, lounge and open space.

(d) All areas not used for buildings, parking, loading, access, aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, groundcover or plantings and maintained in good condition.

(e) All solid waste not stored within a building shall be stored within an enclosed structure screened from public areas, parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, plantings, or combination of all three. Outdoor storage of solid waste shall be located to the rear or side of principal and accessory buildings. Fencing shall be of wood with a stockade-style construction. Chain link and other permeable fences are prohibited.

(7) Signs.

(a) Each conference center may have one ground-mounted sign, not exceeding 50 square feet in area and five feet in height.

(b) Each conference center may have a maximum of two wall-mounted signs not exceeding 25 square feet in area. A wall sign shall not extend more than 12 inches from the face of the building on which it is mounted.

(c) Each conference center may have directions, traffic control and pedestrian signs in parking areas subject to the following: signs shall not exceed four square feet in area; signs shall not exceed five feet in height; signs shall contain a uniform design; signs shall not be internally illuminated.

(8) A conference center hotel may include a hotel condominium for extended stays. The use shall not be deemed to be multifamily housing units for purposes of the zoning ordinances of the Township of Hardyston and shall be subject to the following requirements:

[Added 6-1-2004 by Ord. No. 2004-7]

(a) The applicant shall record deed restrictions, which are enforceable by the hotel condominium association and the Township of Hardyston as follows:

[1] The units within the hotel condominium shall not be used or deemed to be "permanent residence."

[2] The units within the hotel condominium shall not be used to establish residential domicile.

[3] The deed restrictions shall include a limit on the number of occupants of each type of room or suite.

[4] The units shall be subject to a deed restriction that they shall not be used by the owner or the guest for more than eight consecutive months, and at least one of the eight months consecutive months shall include June, July or August.

[5] There shall be no occupancy sufficient to establish eligibility for public school education, since these units are not multifamily units and are deemed for all purposes to be commercial hotel units.

(b) The hotel condominium shall be operated as a hotel with such services and features as a lobby, mail and valet services, linens, central dining rooms, lounges, concessions, room service, dispensary, game and hobby rooms, public assembly areas and services and features, including twenty-four-hour desk services.

(c) The hotel condominium units will have a maximum of three rooms and will be sold by the developer as furnished hotel rooms or suites. Up to 75% of the units in a hotel condominium may be suites. Not more than 75% of the units may have kitchenettes; nonsuites shall not have kitchenettes. The suites with kitchenettes may contain a washer and dryer, but other rooms that are not suites shall not contain washers and dryers.

(d) The hotel condominium developer shall enter into a developer's agreement with the Township of Hardyston confirming that the developer shall contribute to the Hardyston Township Housing Trust Fund sufficient funds to satisfy the Township's full obligation resulting from the hotel condominium pursuant to prior inclusionary incentive zoning and mandatory set-aside requirements as codified in regulations previously promulgated and adopted by the New Jersey Council on Affordable Housing ("COAH").

[Amended 5-10-2017 by Ord. No. 2017-03]

(e) Developer shall initially furnish the interior of the units, and the hotel management shall control and manage the furnishing of the interior of units thereunder.

(f) A professional management company shall manage and operate the common areas and hotel operational requirements pursuant to this subsection.

U. Resort hotel having a minimum of 100 rooms in connection with a commercially operated golf course.

(1) Minimum tract size: 200 acres, plus an additional 25 acres for this use.

(2) Minimum percentage of the total tract which may be devoted to a resort hotel shall be 10% and the minimum lot coverage of such shall be 40%.

(3) If the resort hotel is within 100 feet of an outside property line, a planted buffer strip shall be provided 10 feet in width between the subject premises and any adjoining residential zone or residential uses and five feet in width between all other uses.

(4) Central sewer and water systems shall be provided.

(5) The above requirements are in addition to those set forth in § 185-58Q, commercially operated golf courses.

(6) Maximum height shall be 54 feet.

[Added 6-1-2004 by Ord. No. 2004-7]

V. Conversions or constructions in residential commercial districts.

(1) Lots shall contain a minimum of 20,000 square feet and have a road frontage of at least 100 feet; side yards, rear yards and building height shall be as set forth in the B-1 Business District. Front yards shall have a depth of at least 30 feet.

(2) Off-street parking shall be permitted only in the rear yard and shall comply with the requirements of Article XX.

(3) Signs shall be limited to freestanding signs located no closer than 10 feet to the front property line and not exceeding 32 square feet of area on each face. Such signs shall be either unlighted or shall be indirectly illuminated.

(4) The premises shall at all times be maintained so as to preserve a residential appearance and no building may be erected or altered unless the plans for the front facade of the building have first been submitted to and approved by the Planning Board.

(5) A ten-foot buffer strip of evergreens or other plantings approved by the Planning Board shall be maintained adjoining any lot used for residential purposes.

(6) All provisions of Article XVIII shall be applicable.

(7) Maximum percent of lot coverage by impervious surfaces shall not exceed 50%.

W. Auctions, as herein defined, may be permitted in connection with any principal use in the I-4 Light Industrial District. Such use shall meet the following minimum specific conditions and requirements:

(1) All such auctions, except as herein specifically set forth, shall be conducted inside the building which houses the principal use.

(2) The hours of the pre-auction inspection shall be between 9:00 a.m. to 10:00 am. on the day of the auction only.

(3) The property to be auctioned shall have a reasonable connection with the principal use and such auction shall be considered as an accessory use to the principal use.

(4) No public address system or other amplifying system shall be used in such a manner that the sounds may be heard off site.

(5) All property to be auctioned shall be stored within the confines of the building wherein the principal use is conducted and there shall be no outside storage or other activities related to the auction sale conducted outside the confines of the building of the principal use.

(6) All parking for customers and/or employees shall be located on the premises of the permitted principal use and there shall be provided one parking space for each 200 feet of gross auction area, whether contained in a building or outside the confines of a building, as hereinafter permitted. These parking requirements shall be in addition to parking requirements for the principal use.

(7) Before the commencement of any activities pursuant to this subsection, site plan approval shall be obtained from the Planning Board and such site plan shall be filed in accordance with Chapter 147, Site Plan Review, and shall meet all the requirements thereof, except for those requirements waived by the Board.

(8) Auctions also may be permitted in connection with any lawfully existing nonconforming use, established in the I-1 Light Industrial District, only so long as all of the specific conditions and requirements hereinbefore set forth are met.

(9) In addition to the above requirements, where applicable, motor vehicle auctions shall be governed by the following special requirements:

(a) Motor vehicle auctions may be conducted outside the confines of a building in a licensed junkyard.

(b) The area where the motor vehicle is to be auctioned shall be kept for display, which shall consist of not more than 25% of the licensed junkyard, shall be rectangular or square in shape and shall be within the confines of the existing permitted use.

(c) The hours of auction and pre-auction inspection shall not be more than one weekday, the same day of the week not more than three weeks out of every four-week period, which hours shall be between 10:00 a.m. and 4:00 p.m. and which hours of pre-auction inspection shall be between the hours of 9:00 a.m. and 10:00 a.m. on the day of the auction only.

(d) The auction may be conducted with the assistance of sound amplification system, provided that the sound is not capable of being heard off the premises.

(e) The sale shall include the entire motor vehicle and not parts of vehicles or non-motor vehicle parts or components. For the purposes of this subsection, an "entire motor vehicle" shall be defined to include a chassis, body, four wheels, engine and complete interior; but need not be operable.

(f) No person conducting a motor vehicle auction shall knowingly buy, sell, receive, dispose of, cancel or have in his or her possession any motor vehicle from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, altered, covered or destroyed with the apparent purpose of concealing the identify of the motor vehicle.

(g) Motor vehicles purchased at such an auction shall be removed only by flatbed trailer or truck or by self-propulsion between the hours of 9:00 a.m. and 4:00 p.m. on weekdays.

(h) A security guard or privately retained police officer shall be at the premises one hour before and until one hour after each auction to direct traffic.

(i) Motor vehicle auctions may not be held until a license is obtained from the Township of Hardyston. Licensee shall comply with all requirements of Chapter 112, Licensing.

X. (Reserved)[3]

[3] Editor's Note: Former Subsection X, regarding golf courses in industrial zones, was repealed 5-21-2002 by Ord. No. 2002-5.

Y. Continuing care retirement communities. Continuing care retirement communities may be located in the MIDD-10, MIDD-5, R-3, R-4, C-R and R-C Zones, subject to the following conditions:

[Added 10-20-1998 by Ord. No. 98-6; amended 6-1-2004 by Ord. No. 2004-7]

(1) Minimum lot area: five acres.

(2) Minimum lot width: 300 feet.

(3) Minimum lot depth: 400 feet.

(4) Maximum height shall be 35 feet.

(5) Maximum floor area ratio (FAR): 0.30.

(6) Maximum lot coverages: 40%.

(7) Minimum setbacks;

(a) Front yard: 100 feet.

(b) Side and rear yards:

[1] From single-family residential zone and/or single-family residence property line: 100 feet.

[2] From multifamily residential zone and/or multifamily building property line: 50 feet.

[3] From nonresidential zone property line: 40 feet.

(c) A minimum of 50 feet of the setback area (except adjacent to a nonresidential zone property line) shall be considered a buffer strip. Buffers are fences, landscaping, berms and mounds used to minimize any adverse impacts on the site or from adjacent areas. Within said buffer zone, no structure or off-street parking or loading area shall be permitted except utility easement, fences and signs. Driveways may only cross the buffer strip. Said buffer shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Board may require the applicant to supplement the existing vegetation.

(8) Minimum number of parking spaces: one space per every three units. The Board may allow construction of 2/3 of the required number of spaces with the remaining 1/3 spaces deferred for future construction if needed. All calculations shall be required to be done in accordance with the full amount of parking spaces required as if none were deferred.

(9) No parking shall be permitted within 1/2 of the front yard setback (50 feet).

(10) Minimum parking setbacks:

(a) From building: 10 feet.

(b) From single-family residential zone and/or single-family residence property line: 50 feet.

(c) From multifamily residential zone and/or multifamily building property line: 50 feet.

(d) From nonresidential zone property line: five feet.

(11) Maximum number of units per building: 75.

(12) Maximum number of occupants per building: 100.

(13) This states that no accessory structure shall be permitted and should be deleted.

(14) Minimum gross floor area per unit.

(a) Single occupant unit: 300 square feet.

(b) Double occupant unit: 450 square feet.

(15) Minimum setbacks between buildings:

(a) End to end: 15 feet.

(b) Rear to rear: 60 feet.

(c) Front to back: 75 feet.

(d) Front to side: 50 feet.

(16) Minimum lot size: five acres.

Z. Towers and antennas.

[Added 3-16-1999 by Ord. No. 99-1; amended 11-21-2000 by Ord. No. 2000-18; 6-1-2004 by Ord. No. 2004-4; 3-1-2011 by Ord. No. 2011-01]

(1) Antennas or towers shall be located on property owned, leased or otherwise controlled by the Township of Hardyston, the Hardyston Township Fire Department, the Hardyston Township First Aid Squad or the Hardyston Township Municipal Utilities Authority, provided that a license or lease authorizing such antenna or tower has been approved by the applicable agency. The decision to extend such lease shall be vested solely with the applicable agency and shall not be governed by this Subsection Z. Antennas or towers constructed on said properties shall be subject to the following conditions:

(a) Maximum height: 140 feet, except that where more than one set of commercial transmitting/receiving antennas are collocated on a tower, the total height of the tower shall not exceed 198 feet. This shall be measured as the overall height, including antennas.

(b) The minimum height of security fences shall be six feet and the maximum height shall be eight feet.

(c) Equipment shelters constructed in association with antennas or towers located on properties as described above shall maintain a minimum fifteen-foot setback to any property line and shall be appropriately landscaped to minimize visual impact on neighboring properties.

(2) Antennas or towers may also be located on property owned or otherwise controlled by the Sussex County Municipal Utilities Authority, State of New Jersey, the United States of America, and on private property located in the MIDD-10, MIDD-5, MIDD-3 and Commercial Recreation Zones, subject to the following conditions:

(a) Minimum lot size: 10 acres.

(b) Minimum front yard setback: 50 feet or height of structure, whichever is greater.

(c) Minimum rear yard setback: 50 feet or height of structure, whichever is greater.

(d) Minimum side yard setback: 50 feet or height of structure, whichever is greater.

(e) Maximum height: 140 feet, except that where more than one set of commercial transmitting/receiving antennas are co-located on a tower, the total height of the tower shall not be greater than 198 feet. This shall be measured as the overall height, including antennas.

(f) Minimum height of security fences shall be six feet.

(g) Equipment shelters connected in association with antennas or towers located on properties as described above shall maintain a minimum fifteen-foot setback to any property line and shall be appropriately landscaped to minimize visual impact on neighboring properties.

(3) Existing structures located on lands owned or otherwise controlled by the Township of Hardyston, the Hardyston Township Fire Department, the Hardyston Township First Aid Squad, the Hardyston Township Municipal Utilities Authority, the Sussex County Municipal Utilities Authority, private water companies, the State of New Jersey, the United States of America, or within any of the permitted zone districts noted above may be utilized for the placement of antennas, subject to the following conditions:

(a) The added equipment shall not extend higher than 25 feet above the existing structure upon which said equipment is to be placed.

(b) The added equipment shall not protrude beyond the existing sides of the structure more than five feet and must not violate existing setbacks.

(c) Equipment shelters constructed in association with antennas or towers located on an existing structure as described above shall maintain a minimum fifteen-foot setback to any property line and shall be appropriately landscaped to minimize visual impact on neighboring properties.

AA. Planned retirement community.

[Added 3-16-1999 by Ord. No. 99-3]

(1) Purpose. The purpose and intent of the a planned retirement community is to enable the planned development of a residential retirement community which shall also contain facilities and services required by the residents thereof in accordance with a general development plan approved by the Township of Hardyston.

(2) Definitions.[4] As used in this Subsection AA, the following terms shall have the meanings indicated:

PLANNED RETIREMENT COMMUNITY

A residential community provided for permanent residents aged 55 years or over in which the residential property and the residential-related open spa, recreational facilities and property are all owned by a mutual nonprofit corporation or corporations, established pursuant to the laws of the State of New Jersey and also governed by Section 213 of Title 11 of the National Housing Act (or provisions of a similar or comparable nature) or by individuals, condominium associations or other entities, all of which shall have rules and regulations controlling the development in conformance with this chapter.

[4] Editor's Note: See also §§ 185-4 and 185-20.

(3) Principal uses and structures permitted in the planned retirement community.

(a) A planned retirement community may contain the following uses:

[Amended 10-5-1999 by Ord. No. 99-8]

[1] Detached single-family dwellings;

[2] Zero-lot-line dwellings;

[3] Single-family attached (townhouse) dwelling units; and

[4] Multi-level (residential condominium) housing units.

(b) Permitted accessory uses and structures. All accessory uses permitted and as regulated in the C-R Commercial-Recreation District.

(4) Bulk requirements and other conditions.

(a) No building permit shall be issued for construction or other improvement for a planned retirement community except in accordance with a general development plan for the overall site and a site plan for each section that has been approved by the Township of Hardyston, as prescribed in this chapter.

(b) Minimum area. The minimum site area for a planned retirement community shall be at least 50 acres contained in one or more adjoining parcels of land bisected by a public roadway or railroad right-of-way.

(c) Minimum gross density: 2 1/2 dwelling units per acre.

(d) Maximum lot coverage: 20%.

(e) Single-family detached dwellings shall meet the bulk standards established in § 185-58S(4).

(f) Zero-lot-line dwellings shall meet the bulk standards established in § 185-58S(5).

(g) Single-family attached dwellings shall meet the bulk standards established in § 185-58S(6).

(h) Multi-level housing units shall meet the standards established in § 185-58S(7).

[Amended 10-5-1999 by Ord. No. 99-8]

(i) Circulation and parking shall be provided in accordance with § 185-58S(10).

[Amended 10-5-1999 by Ord. No. 99-8]

(j) Central sewer and water systems shall be provided.

[Amended 10-5-1999 by Ord. No. 99-8]

(5) Recreation and open space.

(a) A minimum of 25% of the gross area shall be set aside as common open space.

(b) A minimum of 10% of the open space shall be in formal recreational facilities such as swimming pools, golf courses, tennis courts, ballfields, parks and other such facilities.

(c) A minimum of 10% of the open space shall be in natural features, vistas, significant wooded areas, vegetation and in other usable open space which shall be defined as lands other than in wetlands, channels, floodways and on slopes in excess of 25% or water bodies, whether used for recreation, retention or detention purposes.

(d) A clubhouse for organized group activities shall be provided.

(e) All open spaces not covered by buildings and paved area shall either be graded as lawn and landscaped or preserved in their natural condition to as great an extent as possible, in accordance with a plan filed with and approved by the Board. All formal recreation areas and swimming pools shall be so situated on the tract as to be conveniently located to all residents but so designed so as to cause minimal adverse impact to adjoining residential properties.

(f) Common areas and recreational facilities which are not accepted by the Township shall be deeded to a corporation, association or other legal entity for purposes of control, management and maintenance meeting all requirements of N.J.S.A. 40:55D-43. Any agreement providing for such ownership shall be reviewed and approved by the Board attorney to ensure that adequate safeguards are included guaranteeing the continuance of the agreement in perpetuity. In any event, the agreement shall give the Township the right to perform maintenance and assess the cost to the property owners in the event said property owners fail to maintain the property in accordance with the agreement.

(6) Application procedure. No building permit or certification of occupancy shall be issued for the construction of any building or for the use of land in a planned retirement community exempt in accordance with a general development plan for the overall tract pursuant to N.J.S.A. 40:55D-45 of the Municipal Land Use Law.

(a) Applications for planned development approval shall be made to the Board and shall be accompanied by a general development plan containing the information set forth hereafter.

(b) The general development plan shall contain the following information:

[1] The survey of the tract proposed for use as a PRC, including the dimensions.

[2] Name and title of person preparing map.

[3] Date, scale and North arrow.

[4] Tax Map, block number and zone district on which the property is located.

[5] The location of all watercourses, wooded areas, easements, highway, streets, roads, highways, freeways, railways, canals, rivers, buildings, structures or any feature directly on the property or beyond the property if such feature has an affect upon the use of said property.

[6] General topography of the tract showing ten-foot contour intervals where the grade is greater than 25% and two-foot contour intervals when the grade is less than 25%.

[7] The general location of the proposed collector streets in the PRC and their connections to existing public roadways.

[8] The proposed land uses for the entire site showing the locations of the required and permitted uses as set forth in this section. The land use categories shown on the map shall differentiate between the locations of multifamily structures, if any, from the locations of single-family structures. The map shall also show golf courses, clubhouses, maintenance building and the sites for all required facilities.

[9] A schedule of land uses by estimated acreage and a breakdown of the number of dwelling units by type of structure, e.g., single-family or multifamily, that will be contained in the residential uses areas and the estimated floor are of the commercial use areas.

[10] Such other features as the applicant may want to consider to be relevant in the evaluation of the site development plan or details as the applicant or the Board may consider.

[11] Schematic utility plans for water, sanitary and stormwater systems.

(c) Site plan. No building permit or certificate of occupancy shall be issued for the construction or use of any building in a PRC except in accordance with an approved subdivision or site plan as required in Chapters 158 and 147 of the Code of the Township of Hardyston.

(d) Consideration by Planning Board. The Planning Board shall consider the proposed general development plan from the point of view of the standards and purposes of the regulations governing retirement communities so as to achieve a maximum of compatibility between the proposed development and the surrounding uses of land, the conservation of woodland and the protection of watercourses from erosion and silting and a minimum of safety, convenience and amenity for the residents of the community. To these ends, the Planning Board shall consider:

[1] That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-65, Subdivision c, of the Municipal Land Use Law;

[2] That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate;

[3] That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate;

[4] That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

[5] In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interest of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

BB. Shopping center.

[Added 4-6-1999 by Ord. No. 99-4]

(1) Principal uses and structures permitted in a shopping center.

(a) A shopping center, as defined in § 185-4, which may include the following uses:

[1] Retail sales of goods.

[2] Retail sales of personal services and minor appliance or office machinery repair.

[3] Delicatessens, bakeries, candy stores, food markets and grocery stores.

[4] Restaurants.

[Amended 9-30-2021 by Ord. No. 2021-07]

[5] Banks.

[Amended 9-30-2021 by Ord. No. 2021-07]

[6] Offices.

[7] Fitness centers.

(2) Permitted accessory uses and structures.

[Amended 9-30-2021 by Ord. No. 2021-07]

(a) Other uses customarily incidental to the principal permitted use.

(b) Drive-through facilities associated with the principal permitted use subject to the conditions for drive-through facilities in § 185-58H.

(3) General requirements.

(a) Minimum lot area: six acres.

(b) Minimum lot frontage: 400 feet.

(c) Minimum lot width: 400 feet.

(d) Minimum lot depth: 400 feet.

(e) Maximum floor area ratio: .25.

(f) Maximum lot coverage: 60%, plus an additional 5% for amenity areas, plazas and similar design features.

(4) Principal building(s).

(a) Minimum distance to property line: 50 feet.

(b) Minimum distance to street line: 75 feet.

(c) Maximum height: 35 feet.

[Amended 6-1-2004 by Ord. No. 2004-7]

(d) Maximum building size: 65,000 square feet.

(e) Minimum store size: 1,000 square feet.

(f) Distance to other building: 20 feet if buildings are separated by a pedestrian walkway; 50 feet if buildings are separated by a roadway.

(5) Accessory buildings.

(a) Distance to property line: 50 feet.

(b) Maximum height: 25 feet.

[Amended 6-1-2004 by Ord. No. 2004-7]

(6) Parking and circulation.

(a) The minimum setbacks for parking areas shall be as follows:

[1] Distance to street line: 50 feet.

[2] Distance to property line: 25 feet.

(b) Each individual use shall provide parking spaces according to their respective minimum provisions. Where a permitted use of land includes different specific activities with different specific activities with different parking requirements, the total number of parking spaces shall be obtained by individually computing the parking requirements for each use and adding the numbers together.

(c) A maximum of 40% of the site parking shall be in the front yard.

(d) Vehicular and pedestrian connections to adjacent properties shall be provided for existing and future use.

(e) Defined pedestrianways shall be designed connecting freestanding buildings on site. Amenities shall be provided and may include, but are not limited to, plazas, benches and landscaping. Pathways shall be a minimum of eight feet wide.

(f) Curbed pedestrian walks, not less than 10 feet wide, shall be provided along the entire length of any wall of all stores which contain public entrance or exit ways and/or display windows. Said walks shall be at least five inches but no more than six inches higher than the abutting paved parking area.

(g) Each shopping center shall provide roads or access lanes to serve the required parking area as approved by the Board. Such roads or lanes shall be curbed with a width between curbs of not less than 30 feet and shall have no direct access to any off-street parking space stalls. There shall also be a service drive at least 30 feet wide to service each building on the site.

(h) There shall not be more than one driveway for each 200 feet of road frontage along an arterial roadway. Alternative access and egress shall be encouraged, provided that a driveway on a corner lot shall not be closer than 100 feet from the intersection.

(i) Each principal use shall provide for off-street loading and unloading with adequate ingress and egress from streets and with adequate space for maneuvering and shall provide such area at the side or rear of the building. Each space shall be at least 15 feet by 50 feet and a minimum of one space shall be provided for each building.

(7) Architectural design.

(a) Buildings shall be located according to topography, with environmentally sensitive areas avoided to the maximum extent possible.

(b) Uniform streetscape, signage, landscape and architectural style shall be provided.

(c) All exteriors of perimeter walls of principal structures shall be of brick or stone facing, solid brick or stone or some other accepted durable material. Asbestos shingle or cinder block exterior finishes are prohibited.

(d) Flat roofs are not permitted, unless they are surrounded by articulated cornices.

(8) Other requirements.

(a) One building may contain more than one individual use, provided that the total floor area ratio and lot coverage of the combined uses does not exceed the maximums specified for the district.

(b) All areas not used for buildings, parking, loading, access, aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, groundcover, seeding or plantings and maintained in good condition.

(9) Outdoor storage.

(a) The outside storage and/or display of merchandise, product, equipment, waste or similar material or objects shall be prohibited, except as follows:

[1] Shopping carts at supermarkets which may be stored within accessory building setback distances.

[2] Garbage/recycling containers, containers for flowers decorative plantings, nursery stock and benches may be displayed or maintained within accessory building setbacks.

[3] Outside public telephones shall be attached to the principal building on a property (the only signage to be associated with the telephone shall be that which is customarily affixed to the equipment to provide operating instructions).

[4] Outside delivery service receptacles (other than U.S. Postal receptacles) shall be maintained within three feet of the principal building on the property; and

[5] Items permitted through site plan approvals.

(b) All solid waste not stored within a building shall be stored within an enclosed structure obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of ail three. There shall be at least one trash and garbage pickup location including provision for recyclable materials collection provided by each building which shall be separated from the parking spaces.

(10) Signs.

(a) Each shopping center may have one major freestanding sign, not exceeding 75 square feet in area, provided that no other freestanding signs are erected on the site. Freestanding signs shall be set back at least 15 feet from all street rights-of-way and property lines and shall have a maximum height of 20 feet.

(b) Where a principal use occupying at least 1,000 square feet in a segregated area in a shopping center has direct access from the outside, a sign not exceeding eight square feet in area identifying the name of the use shall also be permitted. Such additional sign(s) shall be either attached flat against the building at the entrance to the use or suspended in perpendicular fashion from a roof over a common way. Suspended signs shall be no closer than 10 feet at their lowest point to the finished grade below.

CC. Churches and houses of worship.

[Added 3-1-2011 by Ord. No. 2011-01]

(1) Minimum lot size: five acres.

(2) Maximum impervious coverage shall not exceed 40%.

(3) Minimum yard requirements:

(a) Front yard: 75 feet.

(b) Side yard: 50 feet.

(c) Rear yard: 50 feet.

(4) Maximum height: 2 1/2 stories or 30 feet, whichever is less.

(5) ) Off-street parking must be provided as required by Article XX.

(6) There shall be adequate screening of the proposed building from residential properties. Such screening shall be evergreen or other appropriate plantings as approved by the reviewing board.

DD. Quarry operations.

[Added 8-28-2019 by Ord. No. 2019-11]

(1) There shall be a minimum of 50 feet between any quarry operation and exterior property line.

(2) Full buffering and a landscaping plan which would include a minimum of 50 feet of planted deciduous and evergreen trees between any quarry operation and exterior property lines where the minimum 100-foot buffer is required to be maintained.

(3) The maximum height of any structure, machinery or stockpile shall not exceed 40 feet.

(4) No operation of the processing facilities shall be carried out within 100 feet of a residence.

(5) All processing facilities shall operate only between the hours of 7:00 a.m. and 7:00 p.m.

(6) The maximum noise level measured at the property line shall not exceed the standards set forth in N.J.A.C 7:29.

(7) Expansion of an existing quarrying operation shall require the creation of public or private contiguous open space equal to a minimum of 2.5 times the additional quarry acreage.

(8) An application for a conditional use shall include a plan for the rehabilitation and reuse of the site demonstrating that the site has a viable and realistic reuse after the site is exhausted of material.

(9) A conditional use application for a proposed quarry operation or expansion of an existing quarry shall include all requirements stipulated in § 138-7 of Chapter 138, Quarrying.

(a) In reviewing a conditional use application for a proposed quarry operation, the Planning Board shall give careful consideration to the usual items of site plan review, including drainage, impact on adjacent uses, impact on subsurface water, landscaping, parking, lighting, signs, traffic and circulation and safety.

(b) The Board shall all consider factors noted in § 138-7 in approving a conditional use. The Planning Board may attach reasonable conditions to assure safety, minimize adverse impacts and ensure that the quarry operation meets the intent of Chapter 138, Quarrying, and the Master Plan of the Township. These conditions may include, but are not limited to, landscaping and buffering, fences and other safety devices, access restricted to county, state or major Township roads and rehabilitation and restoration measures to be implemented during the quarry operation. The Planning Board shall give careful consideration to a proposed reuse plan which would indicate the extent and phasing of the quarry operation in a manner which would allow the reuse of the property for its zoned purpose.