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Greenwich Township City Zoning Code

§ 16-19A.3

HPA Highlands Preservation Area Zoning District regulations.

[Ord. No. 2008-15 § 2]
In the Highlands Preservation Area Zoning District, the following shall apply:
a. 
Principal permitted uses on the land and in buildings.
1. 
Farms. See Right-to-Farm Ordinance (§  16-20 of this chapter).
2. 
Single-family detached dwellings.
3. 
Public recreation.
4. 
Public recreation parks and playgrounds, but not including amusement parks, commercial recreation or similar uses which detract from the natural rural characteristics of the district or are operated for profit.
5. 
Agricultural uses, including barns.
6. 
Harvesting of wild crops, such as berries and tree fruits.
7. 
Repair and maintenance of farm buildings and machinery located and used on the same premises, including required workshops.
8. 
Keeping of livestock, provided that no livestock shall be housed within a distance of 200 feet from any property line.
9. 
Conservation areas and public purpose areas.
10. 
Development Option 1.
b. 
Accessory uses permitted.
1. 
Private garages.
2. 
Swimming pools in accordance with § 16-12.
3. 
Private greenhouses, garden houses, barns, silos, tool sheds, tennis courts and outdoor fireplaces.
4. 
Off-street parking.
5. 
Fences and walls. (See Subsection 16-4.11.)
6. 
Private residential tool or garden sheds.
7. 
Signs.
8. 
Temporary Sales or Construction Trailer(s).
(a) 
The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.
(b) 
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis.
(c) 
The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.
(d) 
Only one sales trailer and two construction trailers are permitted per project.
9. 
Amateur radio antennas [and antenna] support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals.
10. 
Parking of one commercial vehicle not longer than 20 feet in length.
11. 
Dog runs are permitted as accessory uses to residential properties.
12. 
Horticultural use, including nursery or greenhouse, provided that the maximum impervious coverage standards for the zone are not exceeded, including all impervious coverage on the lot.
13. 
Home occupations.
14. 
Barns.
15. 
Parking and storage of farm equipment and vehicles related to the production of agriculture undertaken on the lot on which the vehicle is stored, or on a lot contained within the Greenwich Township Resource Conservation District or Highlands Preservation Area Zoning District.
16. 
Renewable energy facility, pursuant to Section 16-4.19 of the Greenwich Township Land Use Code.
[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]
c. 
Conditional uses.
[Added by Ord. No. 2010-06[1]]
1. 
Renewable energy facility.
[Added by Ord. No. 2010-06]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsections c through j as Subsections d through k, respectively.
d. 
Maximum building height.
1. 
No building shall exceed 35 feet in height and 2.5 stories.
2. 
The height of accessory buildings shall not exceed 15 feet. This restriction shall not apply to barns located on active farms.
3. 
The height of farm structures shall not exceed 45 feet, except that the height of silos shall not exceed 65 feet.
e. 
Minimum off-street parking. Each individual use shall provide parking spaces according to § 16-10. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.
1. 
Dwelling units shall each provide two spaces per dwelling unit, which shall not encroach upon the right-of-way.
2. 
All uses shall comply with the off-street parking requirements of Subsection 16-10.1.
f. 
Permitted signs. See § 16-11, Sign Regulations.
g. 
Area and yard requirements (detached dwelling).
Minimum Requirements
HPA Conventional Subdivision
HPA Development Option 1
Principal building:
Lot area (square feet)+
20 acres
2 acres
Lot frontage (feet)
400
150
Lot width (feet)
400
150
Lot depth (feet)
400
200
Side yard (feet)
100
30
Front yard (feet)*
100
50
Rear yard (feet)*
100
50
Accessory building:
Distance to side line (feet)
50
20
Distance to rear line (feet)
50
20
Distance to other building (feet)
20
20
Maximum requirements:
Impervious coverage (percent)
5
10**
Density (units/acre)+
0.05
0.1
+
Lot area and density shall apply upon the issuance of a HAD or HPAA with waiver from NJDEP providing applicable relief to the development restrictions for major highlands development pursuant to Highlands Act at N.J.S.A. 13-20-1.
*
Where properties abut limited access, major arterial, arterial and major collector roadways, an additional 40 feet shall be added to the minimum front setback or rear yard setback requirement. In the case of lots whose rear yard fronts on the above roadways, a landscaped berm of a minimum height of four feet is required and an easement shall be granted to the Township. The easement shall include a covenant that the owner shall be responsible for the maintenance of the easement area.
**
Maximum impervious coverage shall be reduced 1% when lots greater than two acres are provided, as follows:
3 acres or less
9%
4 acres or less, but greater than 3 acres
8%
5 acres or less, but greater than 4 acres
7%
6 acres or less, but greater than 5 acres
6%
7 acres or less, but greater than 6 acres
5%
Lots greater than 7 acres
5%; and
Further provided that the total impervious coverage of the tract shall be limited to a maximum of 5% when some lots in the subdivision are proposed to allow more than 5% per lot. Deed restrictions shall be required to maintain the maximum 5% of tract impervious coverage requirement after the time of subdivision.
h. 
Landscaping and preservation of natural features. See § 16-4 of this chapter for design standards.
i. 
Fences, walls, and hedges. See Subsection 16-4.11.
j. 
Source-separation or recycling plan. All subdivisions shall provide a plan for source separation or recycling in accordance with local, county and state recycling requirements, as the case may be.
k. 
Accessory buildings. See § 16-5 of this chapter for design standards.
l. 
Requirements for development option 1: Lot Size Averaging in the HPA Zoning District.
1. 
Purpose. The purpose of this development option is to provide flexibility in the arrangement of residential development that will allow for the preservation of the rural character, productive farmland soils, woodlands and other Highlands Resource Areas found throughout the Township. The impervious coverage limits required are intended to maximize groundwater recharge capacities. It is intended that this ordinance will encourage development that minimizes negative environmental impacts while providing creative flexibility for residential and agricultural development. Unless otherwise stated, the standards stated below shall supersede other standards stated in this chapter.
2. 
Zoning requirements.
(a) 
This lot size averaging subdivision option is available for parcels containing a minimum of 20 contiguous acres. Development parcels may be separated by existing roadways, however, a minimum of 20 acres shall be provided on each side of the road.
(b) 
Permitted uses: single-family detached houses, agricultural uses and accessory uses as stated in Subsection 16-19.3a and b.
(c) 
Density. The maximum permitted density shall be 0.1 units per gross acre. Gross acreage shall include the entire tract except existing street rights-of-way and those areas either to be dedicated or easements granted to the Township. In order to calculate the maximum permissible number of lots, the total gross tract acreage (exclusive of existing street rights-of-way, easements, and lands to be dedicated) shall be multiplied by 0.1.
(d) 
Minimum lot size: two acres.
(e) 
A lot averaging subdivision may be permitted when the applicant proposes a distribution of lot areas within the subdivision that results in at least 50% of the lots having a minimum lot area of two acres, except in the case of a two lot subdivision, in which case one of the two lots shall be not larger than two acres, and further provided that the minimum 80% open lands is provided. Lots in existence as of the date of adoption of this ordinance (date of adoption here mo/day/yr.) 40 acres or less may be subdivided conventionally at a density of .10 provided that not less than 80% open lands are provided and non-open lands on each lot created do not exceed two acres in area.
(f) 
The site design of lot averaging subdivisions should shift the more intensive development toward those lands that can best support the installation of the dwelling, well, septic system and associated site improvements. Similarly, lot averaging should seek to preserve those areas which exhibit sensitive environmental features (i.e., water bodies, floodplains, steep slopes, shallow bedrock, aquifer recharge areas, seasonal high water table, etc.) or which contain active or prime agricultural lands or forested areas.
(g) 
On tracts in areas which are predominantly active agricultural lands or consist of prime agricultural soils or soils of statewide importance, the preservation of agricultural lands and soils shall take precedence. On tracts in areas which are predominantly forested areas, the preservation of forested areas shall take precedence.
(h) 
All lots created under this subdivision option shall be deed restricted against further subdivision for the purpose of creating an additional lot or lots.
(i) 
Minimum setback of building envelope from lakes or stream channels: 300 feet.
(j) 
Lot frontage. Where a lot abuts a non-interior public street, the minimum lot frontage shall be 200 feet.
(k) 
Minimum open lands required: 80%*.
*Open lands shall be deed restricted against any improvements resulting in an increase in impervious coverage above the 5% maximum impervious coverage on a lot.
3. 
Details required for preliminary subdivision plats.
(a) 
The applicant is advised to submit a concept plan of the lot averaging subdivision for review and comment in accordance with the ordinance.
(b) 
In addition to the requirements for conventional subdivisions, applications under this option shall provide, with the preliminary major subdivision application, the location of the building envelope for each lot proposed.
(c) 
The applicant is advised to submit a HPAA with Waiver from NJDEP demonstrating that the lot averaging subdivision is consistent with the provisions of the Highlands Act.
4. 
Design standards. All lot size averaging subdivisions shall be governed by the following design standards:
(a) 
Standards for locating new residential development.
(1) 
The design of the development utilizing this option shall foster the following objectives: retention of large contiguous farmland areas; retention of large contiguous forested areas; retention of large contiguous tracts of threatened and endangered species habitat; stream corridor and wetlands preservation; aquifer recharge protection; steep slope protection; overall site design; reduction of impervious coverage; traffic circulation; and, sensitivity to the site's natural features, topography and relationship to open lands on neighboring parcels.
(2) 
In forested areas, the design of the development shall include a two-hundred-foot buffer along existing roads, which shall either maintain existing woodlands or establish new forested areas for those areas that are disturbed during site development or are currently cleared. The intent of this provision is to maintain the scenic roadside views in the Township.
(3) 
Development on hillsides shall be located at an appropriate point in the foreground to midpoint of the hill so that the development does not create a barrier to a ridgeline or other topographical feature perceived as a ridgeline or top of a hill visible from the existing road or scenic corridor.
(4) 
Natural features such as trees, hilltops and views, natural terrain, open waters and natural drainage ridge lines shall be preserved wherever possible in designing any development containing such features. As part of the subdivision or site plan review process, development should be designed to preserve scenic vistas and views of cultural/historic landmarks and of unique geologic and topographic features. On hillsides, development should be sited below the ridgeline and the height and location of development should protect unobstructed views of the ridges from public roadways.
(5) 
The development shall provide for the protection of any other Highlands Resource Area as may be identified through a HRAD issued by the NJDEP in accordance with N.J.A.C. 7:38-4.1.
(b) 
Design standards for public roads.
(1) 
Right-of-way width and cartway width for existing and proposed roadways on the Greenwich Township master plan shall comply with design standards outlined in this chapter.
(2) 
Right-of-way width and cartway width for interior public streets shall comply with design standards for local roads.
(3) 
(Reserved)
(4) 
Minimum distance between access points on interior and non-interior public roads: 200 feet. Access points shall include individual and common driveways and on-site public roadways. Shared or common driveways shall be provided whenever possible to minimize the creation of new roads and unnecessary impervious coverage.
(5) 
Sidewalks shall not be required, however, a bicycle path shall be required on non-interior public streets.
(6) 
Curbing shall only be used where necessary to provide for stormwater management in accordance with accepted stormwater management practices.
(7) 
Roadways shall follow existing contours to minimize the extent of cuts and fills. Landscaping/design features such as hedge rows, flowering shrubs, stone rows, and post and board fences shall be retained and placed within conservation easements.
(c) 
Landscaping and lawns.
(1) 
All basins shall require landscaping plans. Basin designs and landscape plans shall be designed to that they blend naturally into the landscape. Bioretention basins shall be provided where possible.
(2) 
Interior roadways shall have deciduous trees planted 30 feet on center. Trees shall be a minimum of 2 1/2 inches in caliper at the time of planting.
(d) 
Fencing and walls. See Subsection 16-4.11.
(1) 
Perimeter fencing is permitted if it is post and rail or post and board type.
(2) 
Privacy fencing shall be kept to a minimum and restricted to an area within the boundaries designated for permitted building envelopes.
(3) 
Walls shall be permitted.
(e) 
Accessory buildings and structures.
(1) 
Accessory buildings shall be located within the principal building envelope areas.
(2) 
Accessory structures shall be located within the building envelope area unless otherwise stated in this ordinance.
(3) 
Septics, wells and driveways may be located outside building envelopes.
(f) 
Existing structures.
(1) 
Existing structures shall be analyzed for their historic significance and salvageability.
(2) 
Those structures deemed significant shall be saved for an adaptive use consistent with permitted uses in the zone.
(3) 
Existing structures may remain outside of a lot's building envelope.
5. 
Concept plan review. An applicant for a lot-size averaging subdivision shall submit a concept plan of the subdivision to the Administrative Officer for review and comment.
(a) 
The developer shall not be required to submit any application fees for informal concept plan review; however, no professional review(s) shall be undertaken unless the developer agrees to pay for said review(s) and files the escrow fees specified for concept plan review.
(1) 
The developer shall not be bound by any plan for which concept review is requested, and the approving authority shall not be bound by any such review.
(2) 
A developer desiring to have a concept plan reviewed by the approving authority shall so notify the administrative officer and schedule a meeting. A plan shall be submitted at least three weeks prior to a scheduled meeting with the Administrative Officer at which the concept review is requested.
(b) 
Concept plan required details. The following information shall be provided for concept plan review:
(1) 
A plan at a scale of not less than one inch equals 100 feet clearly and legibly drawn.
(2) 
A key map at a scale of not less than one inch equals 800 feet showing the entire development and its relation to surrounding areas.
(3) 
Existing structures and uses.
(4) 
Existing and proposed street and lot layout in conformance with ordinance bulk standards, showing that portion proposed for development in relation to the entire tract.
(5) 
Area of original tract.
(6) 
Zoning district and North arrow.
(7) 
Block and lot number for the tract.
(8) 
Proposed method of water supply and sewage treatment.
(9) 
Proposed access points and roadways.
(10) 
Existing topography and contours based on United States Geological Survey (USGS) data, unless more detailed data is available, illustrating areas with slopes of 15% or greater.
(11) 
Natural resources and features, such as forested areas, wetlands, major rock outcroppings, lakes, ponds, streams, drainage ditches, impoundments and watercourses.
(12) 
Soil mapping and interpretations based on the United States Department of Agriculture (USDA) Soil Survey for Somerset County.
(13) 
Location of flood hazard areas and floodways.
(14) 
Existing easements, deed restrictions and covenants.
(15) 
A written summary of how the concept plan provides for the arrangement of residential development that will allow for the preservation of the rural character, productive farmland soils, woodlands and other critical habitat areas and minimize negative environmental impacts.
(16) 
Certification that the applicant is the owner of the land or the owner's duly authorized agent, or that the owner has given his consent under an option agreement or a contract to purchase.