[Ord. No. 96/4 § 13-7.1]
In their interpretation and application, the provisions of this
article shall be held to be the minimum requirements adopted for the
promotion of public health, safety, morals and general welfare, consistent
with the purposes set forth at N.J.S.A. 40:55D-1 et seq. Any deviation
pro-posed from the use and bulk requirements of this article shall
require a variance pursuant to N.J.S.A. 40:55D-70c or d.
[Ord. No. 96/4 § 13-7.2]
It is not intended by this article to repeal, abrogate, annul
or in any way to impair or interfere with existing provisions of other
ordinances except those specifically repealed by this chapter, or
with private restrictions placed upon property, by deed, covenant,
or other agreements. However, where this article imposes a greater
restriction upon land, buildings or structures than is imposed by
existing provisions of other ordinances, contract, deed or other agreements,
the provisions of this article shall control.
[Ord. No. 96/4 § 13-8; Ord. No. 97-5; Ord. No.
98-16 § 1]
The Township of Hardwick is hereby divided into two (2) zones
differentiated according to use, area and bulk requirements, to be
designated as follows:
LD Zone Low Density Rural Residential Zone P Pahaquarry Zone
[Ord. No. 96/4 § 13-8.1]
The boundaries of said zones are established on the Zoning Map,
Township of Hardwick as adopted, as prepared by Moskowitz, Heyer and
Gruel which is hereby adopted and made a part of this chapter.
[1]
Editor's Note: Said map may be found in the office of the
Township Clerk.
[Ord. No. 96/4 § 13-8.2; Ord. No. 2011-17 § 3]
In determining the boundaries of zones shown on the map, the
following rules shall apply:
a.
Along Transportation Routes. Where zone boundaries are indicated
as approximately following the center lines of streets, highways,
waterways or railroad rights-of-way or such lines extended, such center
lines shall be construed to be such boundaries.
b.
District Lines Parallel to Streets. Where zone boundaries are indicated
as running parallel to the center lines or right-of-way lines of streets,
such zone boundaries shall be construed as being parallel thereto
and at such distances therefrom as indicated on the zoning map.
c.
Vacation of Streets. Whenever any public street or other public way
is vacated by official action, the zone boundaries adjoining the side
of such public way shall be automatically extended to include the
right-of-way thus vacated. In general, where the vacated right-of-way
is bounded on either side by more than one (1) zone, the former center
line of such right-of-way shall determine the limits of each zone.
The land formerly within the vacated right-of-way shall thenceforth
be subject to all regulations of the extended zone or zones.
d.
Map Dimensions. In all cases where dimensions are not shown on the
map, the location of zone boundaries shall be determined by the use
of the scale shown on the zoning map.
e.
Determination of Doubtful Lines. In cases of uncertainty or disagreement,
the location of zone boundary lines shall be determined by the Board
of Adjustment.
f.
Division of a Lot in Single Ownership. Where a zoning district boundary
line divides a lot other than by following a stream or other clearly
marked natural or artificial features, the district boundary line
and the lot line shall be considered coterminous at the lot line if
the zone boundary line is within twenty (20) feet of the lot line.
[Ord. No. 96/4 § 13-9; Ord. No. 2013-03; Ord.
No. 2015-10 § 11]
All uses not expressly permitted in this article are prohibited,
including, but not limited to, the following:
a.
Open air commercial amusements, except those in place for one (1)
week or less, for which a permit has been issued by the Township Committee.
b.
Quarrying.
c.
Junk yards.
d.
The dumping of garbage, trash, waste or scrap material of any kind,
except clean fill, as defined in N.J.A.C. 7:26-1.4, by permit from
the construction official.
e.
The development, production, disposal, storage, deployment, usage, landfilling, fabrication or destruction of radioactive material in accordance with Chapter 19 of the general ordinances of the Township of Hardwick.
f.
Toxic substances, as defined by the NJDEP shall not be used except
in accordance therewith. Additionally, sludge material from commercial,
industrial or residential facilities shall not be permitted to be
stored or used on the ground.
g.
The raising of hogs, swine or pigs except as permitted in Subsection 13-12.3e and Subsection 5.3.1 and subject to the compliance with conditions contained therein.
h.
Feedlot operations.
[Ord. No. 96/4 § 13-10]
The following uses are permitted in all zones in Hardwick Township.
[Ord. No. 96/4 § 13-10.1; Ord. No. 2013-03 § 4; Ord. No. 2013-14; Ord.
No. 2015-10 § 2]
Reference is made to the right-to-farm ordinances of the Township of Hardwick contained in Chapters 14 and 23 of the Revised General Ordinances of the Township of Hardwick.
Commercial agriculture shall be permitted in all zones, in accordance
with the following requirements:
a.
Commercial Agriculture.
1.
All uses and structures customarily incidental to commercial agriculture
shall be permitted accessory uses, for the purpose of producing from
the land agricultural products such as vegetables, grains, hay, fruits,
fibers, tubers, wood, trees, plants, shrubs, flowers and seeds.
2.
All commercial agricultural uses shall be conducted in conformance
with generally accepted agricultural practices as determined and promulgated,
from time to time, by Cook College, Rutgers University.
3.
All commercial agriculture uses shall be subject to the following
requirements:
(a)
Lot area. Minimum lot area shall be five (5) acres, provided
that such area shall be increased to six (6) acres if a single-family
dwelling is located on the lot.
(b)
Except for farm stands as defined in § 13-6, setbacks and coverage for all structures on a farm, except for a residence located thereon, shall be as follows:
(1)
Setbacks.
[a]
No accessory structure shall be erected which has
a horizontal span (defined as the width of the structure from its
left-most extreme to its right-most extreme) such that it blocks the
view to an extent greater than forty-five (45) degrees when observed
from any point on the property boundaries.
[b]
Minimum setback from side boundary lines and rear
boundary line in all cases shall be no less than fifty (50) feet.
[c]
The minimum setback requirement from front boundary
line shall be no less than one hundred (100) feet.
(2)
Lot coverage. For all lots one hundred (100) acres or greater,
the maximum coverage shall not exceed one and one-half (1.5%) percent.
For all lots one hundred (100) acres or less than one hundred (100)
acres, said coverage shall not exceed one (1%) percent.
b.
Accessory Structures for Agricultural Purposes. Accessory structures
used for agricultural purposes are permitted uses in the LD Low Density
Residential Zone District subject to the following limitations:
1.
Accessory structures such as horse shelters, cattle shelters, tractor
sheds, garden sheds, hay storage structures and chicken coops are
permitted in the zone district without a residential dwelling being
located on the lot subject to the following requirements:
(a)
A floored structure shall have a maximum of four hundred (400)
square feet.
(b)
A structure without a floor shall have a maximum of four thousand
(4,000) square feet.
(c)
An animal shelter shall have a maximum of six hundred (600)
square feet.
(d)
A tractor shed shall have a maximum of two thousand (2,000)
square feet.
(e)
A garden shed shall have a maximum of two hundred (200) square
feet.
(f)
A chicken coop shall have a maximum of two hundred (200) square
feet.
(g)
Only four (4) accessory agricultural structures maximum are
permitted.
[Ord. No. 96/4 § 13-10.2]
Houses of worship are permitted in the LD zone, in accordance
with the following requirements:
a.
Such use shall be subject to site plan review and approval.
b.
Lot area. Minimum lot area shall be five (5) acres.
c.
Frontage. Minimum street frontage shall be two hundred (200) feet.
d.
Front yard. Minimum front yard depth shall be one hundred (100) feet.
e.
Side yards. Minimum side yard shall be fifty (50) feet.
f.
Rear yard. Minimum rear yard depth shall be one hundred (100) feet.
g.
Parking. All parking shall be located in the rear or side yards,
at a minimum of twenty-five (25) feet from any property line, and
shall be screened from view from adjacent properties.
h.
A single residence for clergy shall be permitted on the same lot
as the house of worship and shall meet all bulk requirements of the
zone where located.
i.
Location on a collector roadway as designated in the Township's master
plan.
[Ord. No. 96/4 § 13-11]
The following uses are permitted in all residential districts
in the Township.
[Ord. No. 96/4 § 13-11.1]
Family day care homes are permitted in all residential zones,
in accordance with the following requirements:
a.
Such uses shall meet the area and bulk requirements of the zone where
located.
b.
The Board may impose reasonable requirements on the use including,
but not limited to, off-street parking, landscaping, screening and
buffering.
c.
The facility provides child care services for a fee to no more than
five (5) children at any one time; and
d.
The facility is registered as a family day care home pursuant to
the "Family Day Care Provider Registration Act" if child care services
are provided for between three (3) and five (5) children for more
than fifteen (15) hours per week.
[Ord. No. 96/4 § 13-11.2]
Community residences for the developmentally disabled and community
shelters for victims of domestic violence are permitted in all residential
zones, in accordance with the following requirements:
a.
Such uses shall meet the area and bulk requirements of the zone where
located;
b.
The facility contains fewer than six (6) occupants, excluding resident
staff;
c.
The facility is not located within one thousand five hundred (1,500)
feet of an existing such residence or shelter;
d.
The number of persons, other than resident staff, within all such
residences or shelters in the Township does not exceed fifty (50)
persons or five (5) percent of the population, whichever is greater;
e.
The facility is licensed by the State of New Jersey.
[Ord. No. 96/4 § 13-11.3]
a.
Home occupations that meet the following requirements are exempt from the standards of Subsection b:
1.
Not more than one (1) person in addition to the members of the family
residing on the premises shall be engaged in such occupation.
2.
There shall be no external evidence of the home occupation outside
the principal residence.
3.
There are no retail sales conducted on site and no clients or customers
that will visit the site.
4.
There are no signs identifying the home occupation.
b.
Home occupations are permitted in all residential zones, in accordance
with the following requirements:
1.
Such uses shall be subject to site plan review and approval.
2.
The Board may impose reasonable requirements on the use, including,
but not limited to, off-street parking, landscaping, screening and
buffering, depending upon the nature of the use and surrounding uses.
3.
Not more than two (2) persons in addition to members of the family
residing on the premises shall engage in such occupation.
4.
Home occupation shall be clearly incidental to and subordinate to
the use of the dwelling for residential purposes. The maximum area
devoted within the primary residence to the home occupation shall
be limited to not more than twenty-five (25%) percent of the gross
floor area of the principal building, not including the cellar, or
five hundred (500) square feet, whichever is smaller. Accessory structures
devoted to home occupations shall not exceed seven hundred fifty (750)
square feet.
5.
There shall be no external evidence of the home occupation other
than a sign not to exceed two (2) square feet.
6.
Goods, chattels, materials, supplies or items of any kind, delivered
either to or from the premises in connection with the home occupation
shall take place in typical delivery vans with a maximum length of
twenty (20) feet.
7.
If any goods or merchandise are offered for sale, they must be produced
on the premises.
8.
No noise, odors, fumes or dust shall be produced by the home occupation.
[1]
Editor's Note: Former Subsection 13-11.4, Wireless Antennas
for Telephone, Radio, Paging and/or Television Communications, previously
codified herein and containing portions of Ordinance No. 2011-10,
was deleted in its entirety by Ordinance No. 2011-02.
[Ord. No. 96/4 § 13-12.1; Ord. No. 98-16 § 2; Ord. No. 2006-05 § 1; Ord. No. 2015-10 §§ 3, 4]
a.
Single-family residential uses.
c.
Municipal buildings, parks, playfields and other municipal facilities
as are deemed necessary and appropriate by the Township Committee.
d.
Accessory Uses and Accessory Buildings customarily incidental to
the above uses and located on the same lot. Agriculture, Residential
is a permitted accessory use.
e.
Temporary Construction Trailers.
1.
A temporary construction trailer may be utilized for sales, office
and/or storage purposes associated with a construction project in
all zones. A zoning permit shall be required prior to the placement
of the temporary construction trailer. No zoning permit for temporary
construction trailer shall be issued until a building permit to commence
construction has been issued.
2.
A zoning permit for a temporary construction trailer shall expire
six (6) months from the date of the issuance thereof. On application
the permit may be renewed for two additional periods of six (6) months
each for just cause. In no event shall any temporary trailer be permitted
for more than eighteen (18) months (one original permit and two (2)
renewals).
3.
The fee for a zoning permit for a temporary construction trailer
shall be as set forth in the Fee Ordinance of the Township of Hardwick.
A renewal fee shall be paid in connection with each renewal of the
zoning permit for a temporary construction trailer as set forth in
the Fee Ordinance of the Township of Hardwick.
4.
Temporary construction trailers shall not be connected to an electrical
service unless written permission from the appropriate utility company
is first obtained.
5.
Overnight occupancy is prohibited in a temporary construction trailer.
Such overnight occupancy may result in revocation of the zoning permit.
6.
Temporary construction trailers shall be placed only in the side
or rear yard, if feasible. Such trailers shall be set back at least
thirty (30) feet from all street and lot lines.
7.
Lighting shall not be more than permitted by ordinance.
f.
Family day-care homes.
g.
Community residences for Developmentally Disabled.
h.
Home occupations.
[Ord. No. 96/4 § 13-12.2; Ord. No. 98-16 § 3; Ord. No. 2003-06 § 2; amended 7-6-2022 by Ord. No. 2022-05]
b.
Minimum lot size: three acres.
c.
Minimum setback for principal or accessory building or structure from side lot line: 50 feet. See also subsection k below.
d.
Minimum setback for principal or accessory building or structure
from a front lot line: 100 feet.
e.
Minimum building setback for principal building or structure from rear lot line: 100 feet. For accessory building or structure, the minimum setback from rear lot line is 50 feet. See also subsection k below.
f.
Maximum building height: 35 feet or 2 1/2 stories, whichever
is less, except that agricultural storage structures may have a height
determined by their function.
There is an exemption from the height limitations contained
in this chapter when a structure is required to be raised to meet
the state or federal flood elevation standards. This exemption also
applies to construction of a staircase or other attendant structures
necessitated by such raising. This exemption from the height limitation
shall only apply to the minimum extent necessary to allow the structure
to meet the new elevation requirements with adequate means of ingress
and egress.
g.
Lots fronting on public streets shall have at least 50 feet of road
frontage.
h.
Wooded lots shall maintain an undisturbed buffer of at least 50 feet
between the building line and the street line.
i.
Maximum disturbance during construction and prior to the issuance
of certificates of occupancy shall not exceed 30,000 square feet for
each lot. Disturbance shall be defined as removal of trees in excess
of four-inch diameter or regarding in excess of one foot depth. The
disturbance regulation shall not apply to agricultural uses or to
driveways.
j.
The minimum bulk and area standards for large lot developments shall
be as follows:
1.
Minimum lot size: 15 acres.
2.
Maximum number of lots serviced by a common driveway: four lots.
3.
Maximum lot disturbance during construction and prior to the issuance
of certificate of occupancy shall not exceed 30,000 square feet for
each lot. Disturbance shall be defined as removal of trees in excess
of four-inch diameter or regarding in excess of one foot in depth.
The disturbance regulation shall not apply to agricultural uses or
driveways.
4.
Setbacks shall be as those for the LD Zone.
k.
In situations where setback distances for side or rear lot lines
are under consideration, and where the adjacent area of the neighboring
property is a flag lot stem, or equivalent, where principal structures
may not be erected, the width of the stem or equivalent may be added
to the setback distance for a proposed accessory structure, provided
also that:
1.
The setback for the proposed structure is in no case less than 10
feet from the line of the lot on which it is to be located; and
2.
The proposed structure is not a swimming pool or to be used to shelter
animals, poultry, or the line; and
3.
The distance to any lot of the far side of the stem is at least 50
feet.
[Ord. No. 96/4 § 13-12.3; Ord. No. 2000/2; Ord. No.
2001-10 § 3; Ord. No.
2001-11 §§ 2, 3; Ord. No. 2011-02 § 3; Ord. No. 2011-08 § 1; Ord. No. 2011-17 § 2; Ord. No. 2015-10 § 6]
a.
Commercial Water Extraction Operation.
1.
Conditions:
(a)
A commercial water extraction operation shall be defined as
the extraction of water from springs for purposes of bulk shipment.
(b)
The following condition shall apply to a commercial water extraction
operation.
(c)
Minimum tract area: seventy (70) acres.
(d)
No commercial water extraction operation shall have access more
than two hundred (200) feet from a county highway.
(e)
No commercial water extraction operation shall be located within
a one-mile radius of another such spring use.
(f)
The maximum water diversion authorized for a commercial water
operation shall not exceed one hundred thousand (100,000) gallons
per day measured on a thirty (30) day average as calculated by the
rules and regulations of the New Jersey Department of Environmental
Protection (NJDEP). No pumping or other artificial means shall be
authorized to induce the above maximum capacity and shall be solely
limited to natural spring flow rates.
(g)
Maximum floor area ratio: .005.
(h)
Minimum property line setback to any structure: one hundred
(100) feet.
(i)
Permitted structures shall be limited to pump house, spring house, office/storage building, and twenty-five thousand (25,000) gallons of storage so long as said storage capacity is within structures on site, and resident caretaker facility as limited by Subsection a1(l) below.
(j)
The water source for said commercial water diversion operation
shall be limited to naturally occurring springs. Wells shall not be
permitted as a source of water supply for other than domestic purposes.
(k)
The maximum height of any structure shall not exceed one and
one-half (1-1/2) stories or twenty-six (26) feet.
(l)
Any tract of land dedicated for commercial water extraction
operations may not be utilized for any other purpose, permitted or
otherwise. The operator may upon approval of the Planning Board obtain
the right to provide a residence which shall be utilized for a resident
caretaker to be used in connection with the security of the site.
(m)
No retail sales operations of any kind shall be permitted.
(n)
The hours of operation for tank trucks and/or tractor-trailers
entering and leaving the site, restricted to between the hours of
8:00 a.m. and 5:00 p.m. during that portion of the year when the standard
time is in effect and between the hours of 7:30 a.m. and 6:30 p.m.
during that portion of the year when daylight savings time is in effect.
No tank truck or tractor-trailers shall enter or leave the site, or
move on site, or idle vehicles on Saturdays, Sundays, or the following
holidays: New Year's Day, President's Day, Good Friday, Memorial Day,
Fourth of July, Labor Day, Columbus Day, Thanksgiving, or Christmas.
The restrictions for said holidays shall be either on the days indicated
above or when they are legally celebrated.
2.
Submission requirements. An applicant for a commercial water extraction
operation shall be required to file an application, the form of which
shall be provided by the Township of Hardwick accompanied by the following
detailed hydrogeologic assessment addressing the following:
(a)
An analysis of existing conditions on the site, including geology,
groundwater resources, local groundwater development, spring discharge
assessment, a residential well monitoring program and an assessment
of the impacts of any proposed spring diversions.
(b)
Environmental Impact Statement. Any commercial water extraction
operation located in whole or in part within a natural heritage priority
site or which is located within an area of documented rare or endangered
species habitats shall be accompanied by an Environmental Impact Statement
addressing the following:
(1)
A detailed inventory of existing conditions, including a mapping
and identification of known or potential rare and endangered flora
and fauna.
(2)
An assessment of the impact that the proposed use would have
on any rare and endangered species habitat and/or any impact upon
the quality of a priority site.
(3)
A management plan for the maintenance and enhancement of any
habitat, including conservation easements and deed restrictions against
any form of disturbance, where appropriate.
(c)
Any commercial water extraction operation shall provide an affidavit
by the applicant or its designee indicating that all necessary State
and local approvals have been obtained.
3.
Reporting/monitoring. Any approval granted by the approving agency
shall incorporate the following reporting and monitoring requirements:
(a)
The flow meter system shall be installed with a Signet 525 316
stainless steel flow sensor and a Signet 525 316 stainless steel sensor
installation fitting and a Signet 578 batcher accumulator or equivalence.
(b)
Prevention of tampering shall be accomplished by providing a
numbered identification seal through the flange or connector of the
meter. This flange shall be applied by the Township Inspector during
installation.
(c)
The operator shall be required to provide the Township with
quarterly reporting of the water diverted.
(d)
An unannounced inspection shall be authorized by the Township
Inspector at which time the operator shall make available all reporting
information.
(e)
The operator shall install a level staff gauge in a location
to be established by the Township Engineer or his designee. Said location
shall be visually accessible. The levels shall be registered on a
weekly basis for monitoring purposes and the collection of historical
data basis. The data so compiled shall be made available to the NJDEP
for purposes of monitoring and regulating flows of water, particularly
in dry periods. Should the NJDEP fail to assume jurisdiction, the
Township may thereafter regulate flows based upon such data subject
to a hearing to be afforded the operator with the right to provide
such relevant information as it may deem appropriate.
(f)
The Township shall supply appropriate report forms to the operator
for all of the above requirements.
4.
Licensing requirements. The issuance by the approving body of a conditional
use approval shall be subject to the applicant obtaining a license
for said operation from the Township of Hardwick in accordance with
the following standards.
5.
Violations. Any violations of this Subsection a shall result in the imposition of a one thousand ($1,000.00) dollar fine. For purposes of this chapter, each day in which the operator is in violation of this chapter shall be considered an individual violation.
6.
Existing commercial water diversion operations shall be exempt from
Subsection a2 above (Submission requirements) subject to the submission
of a site plan in a form to be acceptable by the Township Engineer
outlining the locations of all structures on site and the nature of
said operations. All modifications to existing commercial extraction
operations shall, however, be subject to all of the terms of this
chapter provision.
b.
Nonprofit, charitable, youth, educational and recreational camps.
Buildings and facilities for short-term residential/educational, conference
and recreational uses, together with accessory uses and buildings
customarily incidental to and associated with and used in connection
with supervised youth camping and educational and recreational group
camping and retreats in an outdoor setting shall be a conditional
use in the Low Density Rural Residential Zone. Said camps shall only
be organized for nonprofit and charitable purpose.
1.
Conditions:
(a)
Minimum tract area of one hundred twenty-five (125) contiguous
acres (for purposes of this condition, a tract shall be "contiguous"
notwithstanding that it may be divided by a public road).
(b)
The camp must be eligible for licensing pursuant to the Youth
Camp Safety Act, N.J.S.A. 26:12-1 et seq., and applicable regulations.
A licensed camp shall provide the Township each year with copies of
the annual license issued pursuant to the Youth Camp Safety Act.
(c)
Youth, educational and recreational camps shall be organized
for charitable and/or nonprofit purposes.
(d)
Permitted activities: Recreational and educational activities,
provided, however, the following activities shall be prohibited:
(1)
No outdoor sound systems shall be utilized on site with the
exception of portable radios and household stereo systems, provided,
however, that the camps shall be authorized to obtain a permit from
the Zoning Officer for special events which shall be defined by the
Zoning Officer. Notwithstanding the foregoing, this revision shall
not affect the requirements of the New Jersey State Bathing Code.
(2)
No band camps or hunting for fee shall be permitted nor for-profit
hunting clubs.
(3)
No activities shall be permitted that will violate the provisions
of N.J.A.C. 7:29-1, 1, et seq.
(4)
No motorized vehicles such as go-carts, minibikes, mopeds, dirt
bikes, motorcycles and the like shall be authorized for use on site
except for use in connection with maintenance purposes.
(5)
No paint ball activities shall be authorized.
(6)
No trap or skeet shooting shall be authorized.
(e)
Adult educational conference and recreational uses, together
with fund-raising activities shall be authorized so long as those
activities are accessory to the principal camping use.
2.
Density and setback standards:
(a)
Maximum use density shall be:
(1)
Thirty (30%) percent of the tract area may be used for active
recreational purposes. The remaining lands shall be undisturbed and
left in its natural state of forest, pasture and/or crop land. Passive
recreation in the remaining seventy (70%) percent is authorized.
(2)
One hundred seventy-five (175) campers for the first one hundred
twenty-five (125) acres and one (1) camper for each additional acre.
(b)
Minimum setback requirements:
(1)
The minimum setback from the exterior boundary of the tract
for structures and parking and existing adjacent roads shall be not
less than one hundred (100) feet, and;
(2)
No new enclosed building shall be constructed within one hundred
fifty (150) feet of any exterior boundary of the tract and no new
recreational use requiring clearing or modification of the land shall
be permitted within seventy-five (75) feet of any exterior boundary
of the tract.
(d)
In addition to Subsection (c) above, camps shall be authorized to increase impervious coverage by an additional five thousand (5,000) square feet. The burden shall be placed on the camps to establish to the approving authority what impervious coverage was in existence at the time of the adoption of the ordinance by way of a map that shall be sufficiently detailed to provide the approving board with a basis to determine the extent of existing impervious coverage.
(e)
Maximum building height — thirty-five (35) feet or two
and one-half (2 1/2) stories, whichever is less, except that
accessory buildings may have a height determined by their function,
but not to exceed thirty-five (35) feet.
(f)
One (1) parking space shall be provided for each five (5) campers for which the facility has capacity as set out in Subsection (c) above. Parking need not be paved.
(g)
Site identification signs shall not exceed twenty (20) square
feet in area. Only one (1) identification sign per camp and said sign
shall be on site. In addition, signs of not more than six (6) square
feet shall be authorized for activities conducted by the camp which
signs shall be limited to access points from public roads.
3.
Submission requirement: Building and improvements for camps existing
at the time of adoption of this ordinance in 2000 shall be considered
as prior nonconforming uses and/or structures, provided, however,
that the camp submits a site plan specifically locating all structures
on site designating their previous use. All future camp structures
shall comply with the submission and approval requirements of this
land development ordinance for development approvals.
An applicant for new camp improvements shall be required to
file an application, the form of which shall be provided by the Township
of Hardwick in accordance with the Land Development Code.
For purposes of nonprofit, charitable, youth, educational and
recreational camps, no site plan shall be necessary for storage structures
not exceeding one hundred (100) square feet.
c.
Wireless Antennas for Telephone, Radio, Paging and/or Television Communications. Wireless antennas for telephone, radio, paging and/or television communication as conditional uses under N.J.S.A. 40:55D-67 (see § 13-106, "Conditional Uses," and specifically Subsection 13-106.3A for the required conditions for wireless antennas for telephone, radio, paging and/or television communication).
d.
Commercial Scale Solar Energy Systems.
1.
Preamble. In recognition of the State of New Jersey's desire to promote
the construction and use of renewable energy sources and, further,
the State of New Jersey's designation of commercial scale solar energy
system installations as an "inherently beneficial use," the Township
seeks to designate such installations as conditional uses subject
to a set of conditions consistent with sound engineering and planning
principles which also take into account the character of the Township
as a rural community without commercial or industrial zones.
Of particular consequence is the fact that all land subject
to development in the Township is designated as being within Planning
Areas 4 (rural), 4b (rural/environmentally sensitive), and 5 (environmentally
sensitive). The remainder of the Township is in Planning Area 8 (parks).
It is the Township's belief and intent that the conditions and
standards defined herein will serve to promote the beneficial use
of commercial scale solar energy installations while ensuring that
the negative impact of such development on environmentally sensitive
areas, adjoining tracts, and the community as a whole is minimized
and in keeping with the character of the Township.
2.
COMMERCIAL SCALE SOLAR ENERGY SYSTEM
GROUND MOUNTED SOLAR ARRAY
RESIDENTIAL SCALE SOLAR ENERGY SYSTEM
SOLAR ARRAY
Definitions.
A solar energy system installation which produces energy
in excess of the amount defined for residential scale solar energy
systems. Such systems may also be identified as production systems
or major solar energy systems.
A solar energy system consisting of individual panels or
arrays of panels mounted on armatures anchored to the ground with
ground cover beneath.
A solar energy system installation which produces energy
in a year's time which is one hundred ten (110%) percent or less of
the total amount which may be reasonably anticipated to be consumed
on average in a year's time by a principal residential use on the
same parcel. In this context, reasonably anticipated may include actual
or estimated present or future usage for lighting, space heating,
air conditioning, charging of electric vehicles, and other energy
consumption that may be associated with or anticipated in the near
future to be associated with a principal residential use.
A quantity of structures, typically flat panels, arranged
in an array and so oriented as to facilitate collection of solar energy.
Individual structures within the array are known as solar collectors
or panels. Solar collectors may be photovoltaic (converting light
to electricity) in nature, thermal (converting solar energy to heat),
or of another type.
3.
Zoning Regulations and Conditions Pertaining to Commercial Scale
Solar Energy Systems.
(a)
General.
(1)
Where there is range of possible alternative locations for an
installation, preference will be given to installations installed
on Township owned property.
(b)
Conditions. The solar energy systems, commercial scale shall
comply with the following conditions.
(1)
Parcels upon which the installation is to be constructed must
be a minimum of twenty (20) acres or greater in area. The area or
areas of a parcel or parcels immediately adjacent to the parcel under
consideration may be considered in the area calculation provided that
the deeds of any parcel(s) so used are modified to include permanent
restrictions against further development except for that which pertains
to the solar energy system in question.
(2)
Control of Visual Impact — Screening. Commercial solar
energy systems shall be screened from view of all public streets and
adjoining properties. The required buffer shall be a minimum width
of fifty (50) feet consisting of naturalized plantings of predominantly
evergreen trees. Buffering shall be continuous, with the exception
of access roadways, and include a minimum of one (1) tree and five
(5) shrubs per three hundred (300) square feet of buffer area. Deciduous
trees shall have a minimum caliper of two and one-half (2.5) inches
and evergreen trees shall have a minimum height of eight (8) feet.
Adjoining residences shall be appropriately screened with a strategically
located buffer no less than one hundred fifty (150) feet in length,
or as deemed necessary by the Planning Board to achieve a reasonable
degree of screening. Existing mature perimeter vegetation having a
width of less than fifty (50) feet may be used to make up part of
the required minimum buffer width of fifty (50) feet. Species selected
for new plantings shall be indigenous or widely introduced types also
known for robustness and disease resistance. The intent is to present
the appearance of an undeveloped property (other than for an access
roadway or roadways) when the installation is viewed from off property.
(3)
Noise. Under all normal operating conditions and during all
times of the year measured noise at the parcel boundaries shall be
less than 55 dBA as measured using industry standard noise measuring
instrumentation and measurement practices. Plan sub-mission shall
include an acoustic modeling study prepared by appropriately licensed
professionals demonstrating compliance with the 55 dBA limit. Noise
levels predicted by the model shall be such that calculated margins
of error are added to modeled levels prior to comparison with the
55 dBA limit.
(4)
Setback Requirements.
[a]
Minimum setbacks for the front shall be no less
than one hundred fifty (150) feet and for rear and side lines no less
than one hundred (100) feet. Improvements including screening plantings,
fencing, and access roadways are allowed within the setback zone with
the proviso that setbacks for fencing shall be fifty (50) feet minimum
from any parcel boundary. Additionally, any fencing shall be located
to the interior of the parcel with respect to any plantings established
for purposes of visual screening.
[b]
Setbacks for noise producing equipment such as
transformers, inverters, and the like, provided such equipment produces
noise at levels in excess of 55 dBA when measured at a distance of
six (6) feet, shall be five hundred (500) feet minimum from any boundary
line unless the applicant can demonstrate that the noise limit given
in Subsection (a)(3) above can be met at a lesser setback distance
which may be less than five hundred (500) feet but no less than two
hundred fifty (250) feet.
(5)
Whenever possible, transformers, inverters, switchgear and other
electrical equipment shall be enclosed with a building or buildings
constructed for this purpose.
(6)
The maximum height above ground for solar arrays, solar panels
and solar equipment shall be sixteen (16) feet.
(7)
The commercial grade solar energy systems shall be located on
previously disturbed land, e.g., farmland not designated as prime
agricultural soils to the greatest extent possible.
Installations on lands consisting of prime agricultural soils
are prohibited. However, this restriction shall not be taken to mean
that installations are prohibited on parcels with mixed soil types
provided such installations are designed and located in such a manner
so as to not interfere with continuing or future use of the areas
having prime agricultural soils.
(8)
The property shall be adequately fenced with a fence with a
minimum height of eight (8) feet to prevent access by unauthorized
persons and shall be appropriately gated.
4.
Plan Submittal Requirements.
(a)
Detailed plans for the entire proposed development shall be
submitted for review. These plans shall, at minimum, provide the following
information.
(1)
Nature and extent of all proposed disturbances and developments
to the parcel in question, e.g., structures, access and maintenance
roadways, solar panel foundations, stormwater control structures,
fencing, security means such as cameras, visual screening barriers,
border landscaping, etc.
(2)
Area and bounds of proposed solar panel field(s).
(3)
Number of panels to be installed.
(4)
Type and size of individual panels.
(5)
Proposed mounting methods for panels, etc., e.g., fixed position
racks, tracking pedestal mounts, etc.
(6)
Proposed foundation structures for supporting panels.
(7)
Proposed generating capacity of the installation.
(8)
Proposed structures and intended purpose of such structures.
(9)
Location, physical size, and capacity of transformers, inverters,
substations, switchgear, transmission lines or other utility infrastructure.
(10)
Location and design of access and maintenance
roadways.
(11)
Screening with proposed planting details including
species, height at planting and location and existing screening.
(12)
Fencing details and security details.
(13)
Setbacks from all property lines.
(14)
Plans shall be prepared by a licensed surveyor,
engineer and architect as their licenses permit.
(b)
The application shall fully comply with applicable requirements
for major site plans as set forth in the Hardwick Land Development
Chapter except as altered by this section.
5.
Design and Construction Standards.
(a)
Submitted plans required for conditional use approval shall
demonstrate that the planners have considered and acted to minimize
all aspects of potentially negative impact such as visual appearance
of the solar panel fields and attendant structures, appearance and
placement of structures, reflections and glare from panels during
daylight hours for all four (4) seasons, placement and type of access
and maintenance roadways, visual impact as seen from adjacent properties
and particularly from the immediate vicinity of improvements (e.g.
residences), potential interference with indigenous animal and plant
species, preexisting natural features, removal of existing woodlands,
etc. As an example, the design shall, to the maximum extent practicable,
use materials, colors, textures, architectural features, screening
and landscaping that will blend the facility into the natural setting
and existing environment. Similarly, structures shall use materials,
colors, textures, and architectural features consistent with and in
keeping with the appearance and character of existing structures in
the community.
(b)
The maximum permitted vertical height above ground for solar
arrays shall be sixteen (16) feet.
(c)
Location and orientation of solar panels or arrays of panel
shall not result in reflective glare as viewed from second story level
(twenty (20) feet above ground) and below on adjoining properties.
(d)
Installations shall be of the type defined herein as ground
mounted solar arrays. Fixed orientation or tracking type mountings
are both permitted.
(e)
Placement of impervious surfaces beneath solar array installations
is not permitted.
(f)
Removable pilings or other low impact foundation, e.g. concrete
poured into footing tubes, structures are strongly preferred as foundations
for the solar arrays. Use of linear concrete footings is discouraged.
(g)
The minimum allowable "beginning of life" efficiency for photovoltaic
panels shall be twelve (12%) percent or greater.
(h)
To the maximum extent possible, all wiring and cabling associated
with the solar installation shall be located underground.
(i)
The installation shall fully comply with requirements given
in the edition of the IBC (International Building Code) that is current
at the time of application.
(j)
The installation shall fully comply with all applicable requirements
of the National Electric Code as adopted by the NJ Department of Community
Affairs.
(k)
Energy systems connecting to the electric utility shall comply
with the NJ Net Metering and Interconnection Standards for Class I
Renewable Energy Systems and as required by the electric utility connected
thereto.
(l)
Structures for electrical equipment and for storage of vehicles,
landscaping and maintenance equipment etc., shall be designed to have
a visual appearance in keeping with Hardwick's rural, farm, and residential
character. Ideally such structures shall mimic typical farm buildings
in external appearance rather than having an industrial appearance.
6.
Environmental Requirements.
(a)
Installations are not permitted to occupy areas of land designated
by the NJDEP as critical habitat for State threatened and/or endangered
species of flora or fauna or any other areas designated as areas of
special concern.
(b)
No portion of the installation shall occupy areas of land designated
by the NJDEP as floodplains, flood hazard areas, wetlands, wetland
transition areas or riparian corridors. A three hundred (300) foot
buffer zone shall be maintained between any disturbance associated
with the installation and NJDEP designated Category One waters.
(c)
Alteration of the parcel's natural contours is prohibited except for minimal changes as required for construction of access and maintenance roadways or for foundations for structures. All proposed construction shall comply with Hardwick Township's ordinance for design standards, subsections 13-40.1 and 13.40.2.
(d)
Design and construction of the installation shall comply with Hardwick Township's Stormwater Management Ordinance (§ 13-110). Solar panels or solar panel arrays (exclusive of the bases or foundations of the same) shall not be included in calculations for impervious coverage.
(e)
Submitted plans for conditional use approval shall demonstrate
that the applicant has selected appropriate vegetation for planting
underneath and in the immediate vicinity of installed solar panels
for the purposes of soil stabilization and that means will be in place
to ensure property ongoing maintenance of these plantings. Plantings
of low maintenance sun and shade tolerant grass mixtures such as "OVN"
provided through the South Jersey Farmers Exchange are suitable for
this purpose. Plantings of appropriately selected native species may
also be acceptable. Plans shall also include provisions for prevention
of takeover by invasive species. These plans shall be prepared by
an appropriately licensed professional.
(f)
All access and maintenance roadways shall be constructed using
pervious surfaces.
(g)
Use of photovoltaic panels containing hazardous substances,
particularly any such substances liable to slow release into the environment
via out-gassing, leaching, or similar processes, is prohibited.
7.
Security Requirements. Submitted plans for conditional approval shall
demonstrate that adequate measures are taken to ensure security and
safety for all aspects of the installation. These shall include at
minimum measures to ensure that unauthorized access to the entire
installation is prevented and particularly that access to potential
hazards such as high voltages is denied other than for authorized
personnel. It is recommended that the applicant demonstrate that means
such as security cameras or other monitoring equipment are in place
to assist in identification and prompt apprehension of persons gaining
unauthorized access.
8.
Solar Access. Presumption of implied solar access rights by virtue
of placement of a solar energy installation or panels on a given parcel
is denied. It shall be the sole responsibility of the owner(s) of
the installation to locate improvements so as to ensure continuing
solar access irrespective of any existing or permitted future improvements
to adjacent properties or from natural changes on adjacent properties
such as growth of trees or other vegetation.
9.
Maintenance and Inspections. The applicant shall submit a plan for
ongoing monitoring of all impacts anticipated for the development,
particularly with respect to stormwater management, maintenance of
security features such as fencing and cameras, and ongoing maintenance
or replacement of plantings located to provide visual screening. The
plan shall include provisions for inspection by Township officials
as appropriate.
10.
Decommissioning Requirements. The applicant shall provide a plan
for the decommissioning and removal, or Township approved repurposing
of all improvements to the parcel. This shall be accomplished within
one hundred eighty (180) days of the date on which commercial scale
solar generation ceases to occur at the installation. The decommissioning
process shall include steps taken to return the parcel to a semi-natural
state, e.g. open fields planted with native or agricultural grasses.
The Township Zoning Officer and Construction Official shall be responsible
for overseeing any such decommissioning. It shall be the responsibility
of the applicant or current owner(s) to cover all expenses associated
with oversight by Township officials during the decommissioning process.
The Township may require a performance guaranty by way of a bond or
letter of credit to secure the decommissioning process.
e.
Raising of Hogs, Swine or Pigs. The raising of hogs, swine or pigs
is conditionally permitted use in the Low Density Rural Residential
Zone (the LD Zone) subject to the following conditions.
1.
The number of hogs, swine or pigs that may be raised at any time
on a farm lot or lots forming a farm unit shall not exceed five (5)
in number.
2.
The minimum lot area shall be six (6) acres.
3.
The hogs, swine or pigs shall be kept in a fenced in area which shall
be located in the side yard or rear yard and not in the front yard
of any lot.
4.
The fenced in area and any building where the hogs, swine or pigs
are kept shall be at minimum one hundred (100) feet from any property
boundary line.
5.
The hogs, swine or pigs must be provided with a permanent anchored
barn or other suitable building for shelter.
6.
Disposal of Manure.
(a)
The manure may not be kept in any area within the One-Hundred-Year
Flood Plain, nor within one hundred fifty (150) feet of any brooks
or water courses.
(b)
The manure disposal area must be in a low profile position causing
no nuisance and shall be at least one hundred (100) feet from all
property lines and no closer than two hundred (200) feet from any
other existing residential dwellings.
(c)
The manure must be collected and maintained and disposed of
in a sanitary manner. If stored, a covered enclosure or covered pit
shall be provided to prevent offensive odors, fly breeding and other
nuisances.
7.
Water Bottling.
(a)
Water bottling shall be permitted as part of a commercial water
extraction operation subject to the conditions set forth in this section.
(1)
Conditions.
[a]
Water bottling shall be defined as the filling
and capping of bottles. No manufacture, fabrication or other process
shall be permitted.
[b]
The number of trucks permitted to and from the
site shall not exceed twenty-one (21) trucks per day. This restriction
shall include all trucks of any type exclusive of passenger vehicles.
[c]
The maximum daily, monthly and annual water diversion
for the water extraction operation shall not exceed one hundred twenty
thousand (120,000) gallons per day on any permitted day of operation
as defined in Subsection [g] below, nor more than two million six
hundred thousand (2,600,000) gallons per month during any single calendar
month of operation, nor more than thirty-one million two hundred thousand
(31,200,000) gallons per year during any calendar year of operation.
[d]
Water extraction and bottling operations shall
be limited to no more than twenty (20) employees on site; provided,
however, that the applicant shall be required to submit a site plan
when said operations shall employ more than twelve (12) employees.
[e]
The Township shall have the right to monitor and
inspect the entire water metering process for accuracy as determined
in the discretion of the Township Committee, its employees and/or
agents. Calibrations of the monitoring equipment shall occur at least
every three (3) years.
[f]
The maximum floor area ratio for the water extraction and bottling facility shall not exceed .0022 excluding the caretaker's residence as authorized by Subsection 13-12.3a1(i) and (l).
[g]
The hours of operation for tanker trucks and/or
tractor-trailers for a water extraction and bottling operation entering
and leaving the site shall be restricted to between the hours of 7:30
a.m. and 6:30 p.m. year round. No tank truck or tractor-trailers shall
enter or leave the site, or move on site, or idle vehicles on Saturdays,
Sundays, or the following holidays: New Year's Day, President's Day,
Good Friday, Memorial Day, Fourth of July, Labor Day, Columbus Day,
Thanksgiving, or Christmas. The restrictions for said holidays shall
be either on the days indicated above or when they are legally celebrated.
[h]
A weekly certification will be provided to the
Township of Hardwick setting forth the number of tankers and trucks
and the gallonage of water of each which left the subject property
during the preceding week. There shall also be a quarterly summary
of the above information pre-pared. Both weekly and quarterly documentation
shall be submitted to the Zoning Officer of the Township of Hardwick.
[1]
Editor's Note: Former Sections 13-13, Very Low Density Rural
Residential (VLD) Zone and 13-14, Rural Cluster Option, previously
codified herein and containing portions of Ordinance No. 96/4, were
repealed in their entirety by Ordinance No. 98-16.
[Ord. No. 97-5]
The purpose of the Pahaquarry Zone is to provide for the continued
use of open space and governmental uses within the area formerly known
as Pahaquarry Township.
[Ord. No. 97-5; Ord. No. 2002/16 § 2]
[Ord. No. 97-5]
