Harding Township City Zoning Code
ARTICLE XXXIII
RR Rural Residential Zone 1
§ 225-152 Use and bulk regulations.
[Amended 10-17-2007 by Ord. No. 12-07]
A.
Primary uses. All permitted primary uses shall be the same as the R-1 Zone.
B.
Accessory uses. All permitted accessory uses, including an affordable accessory residence, shall be the same as the R-1 Zone.
[Amended 6-10-2009 by Ord. No. 5-09]
C.
Accessory structures. All permitted accessory structures shall be the same as the R-1 Zone.
D.
Minimum lot size: five acres, except in accordance with provisions for lot-averaged subdivisions in § 225-154.
E.
All other bulk requirements and restrictions shall be the same as the R-1 Zone, except that frontage requirements for flag lots shall be modified as provided in § 225-153.
F.
All lots in the RR Zone shall be subject to the same restrictions and limitations as the R-1 Zone with respect to the limitation of one family per dwelling, off-street parking and the establishment of a tree conservation area along perimeter property lines (see § 225-123).
G.
Development rights for nonconforming lots. A dwelling or other structure situated on an undersized lot located in the RR Zone may be enlarged, altered or rebuilt, provided said enlargement, alteration or rebuilding is in conformance with the bulk standards and limitations of the R-1 Zone and any other applicable regulations of this chapter.
H.
Flag lots split by zone lines. A flag lot situated in part within the RR Zone and in part within another zone shall be treated as if situated entirely within the RR Zone.
§ 225-153 Flag lots.
[Added 10-17-2007 by Ord. No. 12-07[1]]
Flag lots may be created in the RR Zone in accordance with the requirements of this section. These provisions are intended to foster greater variety in lot sizes and configurations, to minimize the visibility of new development and its impact on the streetscape through the use of shared driveways, and to lessen the need for substantial road improvements, tree removal, and impervious coverage.
A.
Minimum lot area.
(1)
The minimum required lot area, as well as lot coverage and building area limitations for a flag lot, shall be calculated exclusive of the area contained in the flag staff portion of the lot.
(3)
The minimum lot area for a flag lot that includes an accessory residence shall be six acres exclusive of the land area contained in the flag staff portion of the lot.
B.
Access. Each flag lot shall have access to a public or private road via a strip of land, referred to as the "flag staff" portion of the lot, in accordance with the requirements of this section.
(1)
A single flag lot shall include a strip of land (flag staff) with access to a road, which shall be a minimum of 25 feet in width. If the lot has sufficient area so as to be subdividable, the flag staff shall be a minimum of 50 feet in width. This requirement shall not apply if the lot will be subject to a deed restriction precluding any further subdivision that would create a new building lot.
(2)
Two to four lots may be served by a flag staff, which shall be a minimum of 50 feet in width, with a shared driveway providing access to all lots. The flag staff shall be divided equally in fee ownership among all the lot owners served and configured as flag staffs to each lot (i.e., if two owners, 25 feet each; if three owners, 16.6 feet each; if four owners, 12.5 feet each). Perpetual access easements shall be granted to the owners of all of the lots to ensure that adequate access is provided to each.
(3)
Multiple adjacent flag lots shall be prohibited unless served by a single shared driveway.
C.
Shared driveways. In order to minimize the number of new driveways along roadways, and to lessen impervious coverage and tree removal, any right-of-way serving two or more flag lots shall contain a shared driveway providing access to all lots.
(1)
All driveways shall be constructed in accordance with the Township's Code requirements applicable to residential driveways.
(2)
The location of each driveway and access to each flag lot shall be approved by the Board and may not be relocated without the Board's approval.
(3)
A driveway serving two or more lots shall be designed with adequate provisions for the ingress and egress of firesafety equipment.
(4)
All shared driveways and other improvements benefiting two or more lots shall be the subject of a recorded access and maintenance agreement among the owners of all lots deriving access and/or benefit therefrom. The agreement shall be subject to the review and approval of the Board Attorney prior to the signing of any deed or filing of a plat.
D.
Firesafety. Any minor subdivision involving the creation of one or more flag lots shall comply with the provisions of § 225-75K and the minor subdivision plat shall contain notes and/or diagrams as necessary to verify compliance with firesafety requirements. The installation of all required firesafety improvements shall either be completed or bonded prior to signing the plat or deed(s) and, in any event, all firesafety improvements shall be completed prior to the issuance of the first building permit for any improvements.
§ 225-154 Creative development option (lot-averaged subdivision).
The Board may approve the varying, within a subdivision, of lot sizes otherwise required by this article (referred to as a "lot-averaged subdivision"), provided that the following objectives and requirements are met.
A.
Objectives. Lot-averaged subdivisions shall be designed and arranged so as to meet the following objectives, as determined by the Board, in connection with a subdivision application:
(1)
The subdivision layout will preserve rural streetscapes and promote the preservation of large areas of open space, especially the highly visible areas along public roadways.
(2)
The subdivision layout will promote the preservation of community character and areas of significant community concern such as scenic vistas, historic areas and structures and natural resources.
(3)
The subdivision layout will preserve stone rows, hedgerows, mature trees and other natural vegetation, minimize land disturbance and promote privacy among existing and proposed residences.
(4)
The subdivision layout will establish a variety of lot sizes and foster variety in building arrangements so as to improve the design of new development to be more consistent with the Township's rural characteristics.
(5)
The subdivision layout will permit the placement of new roads and buildings in a manner that is compatible with the characteristics and environmental sensitivities of the site.
B.
Requirements. All lot-averaged subdivisions shall comply with the following requirements:
(1)
The minimum lot size shall be three acres.
(2)
The overall density of development shall average at least five acres per residential lot, based on the total size of the tract, exclusive of land devoted to road rights-of-way.
(3)
All lots larger than five acres that are part of a lot-averaged subdivision shall be subject to a permanent deed restriction precluding further subdivision in perpetuity except lot line adjustments that do not create any new building lots or alter compliance with the minimum lot size and density criteria in this section.