Harmony Township City Zoning Code
ARTICLE IV
Provisions Applicable to All Districts
§ 525-21 Nonconforming uses, structures and lots.
[Amended 11-6-1979 by Ord. No. 0:79-6;3-3-1981 by Ord. No. 0:81-3; 4-1-1986 by Ord. No. 0:86-3; 11-8-2001 by Ord. No. 01-7]
A.
Continuance. Except as otherwise provided herein, lawful structures or lawful uses existing on the effective date of this chapter or a subsequent amendment thereto may be continued even though such structure or use does not comply with the regulations specified by this chapter or the amendment thereto for the zone in which such structure or use is located; provided, however, that:
(1)
A nonconforming structure shall not be altered unless such alteration would tend to reduce the degree of nonconformance.
(2)
A nonconforming use shall not be expanded or changed to another nonconforming use.
B.
Abandonment. A nonconforming use that has been abandoned shall not thereafter be reinstated. A nonconforming use shall be adjudged to have been abandoned:
(1)
When it is changed to a conforming use or to a less nonconforming use.
(2)
In cases where such nonconforming use is a building or structure designed for such use, when it has been voluntarily discontinued for a period of 24 consecutive months.
(3)
In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of 12 consecutive months.
C.
Restoration. If a nonconforming structure or use is partially destroyed by any cause whatsoever, other than fire, to an extent of 50% or more, it shall not be rebuilt or reestablished except in conformity with the regulations of the zone in which it is located. For the purposes of determining extent of destruction, basements and cellars shall be excluded. If a nonconforming primary residential structure or use is destroyed by fire, it may be rebuilt or reestablished without conforming to the regulations of the zone provided the structure or use is rebuilt within the original footprint of the structure prior to the fire. If the primary residential structure can not be rebuilt within the original footprint, then any rebuild must conform with the regulations of the zone.
[Amended 1-4-2011 by Ord. No. 10-9]
D.
Waiver. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Building Inspector or other competent legal authority having jurisdiction. A nonconforming structure may be repaired or refurbished but not enlarged or extended.
E.
Unlawful uses. No unlawful structure or unlawful use of a building or structure, lot or land existing at the effective date of this chapter shall be deemed to be a nonconforming structure or use.
F.
Notwithstanding the lot area, lot width and lot coverage requirements, a single-family dwelling may be erected on any lot separately owned and not adjacent to any lot in the same ownership at the effective date of this subsection or acquired subsequent thereto, provided that the aggregate width of the side yard is no less than 25% of the lot width and that the narrower side yard is not less than 10% of the lot width or 15 feet, whichever is greater.
G.
Dwellings within a flood hazard area.
[Added 12-5-2006 by Ord. No. 06-20]
(1)
Notwithstanding the lot area, lot width, lot coverage and individual setback requirements, a dwelling which is within a defined flood hazard area as set forth on FEMA FIRM maps or equivalent state mapping may be raised to or one foot above the elevation shown on a FEMA flood "elevation certificate" signed by a licensed New Jersey land surveyor, provided that all the existing setbacks and the dwelling footprint are maintained at the proposed elevation and that the dwelling height does not exceed that which is required by the requirements of Code § 525-20 entitled "Schedule." The intent of this section is not to allow either an enlargement or a relocation of the existing dwelling footprint on the subject property.
§ 525-22 Preservation of natural features.
[Amended 11-8-2001 by Ord. No. 01-7]
A.
Existing natural features such as trees, brooks, drainage channels and view shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
B.
Streams and streambeds. No structure shall be built on a lot any side of which fronts on a natural watercourse unless a permit or certificate of exemption has been issued by the New Jersey Department of Environmental Protection or its successor agency as required by the Stream Encroachment Law (N.J.S.A. 58:1-26 et seq.)[1] and the Floodplain Act (N.J.S.A. 58:16A-50 et seq.).
[1]
Editor's Note: See now N.J.S.A. 58:16A-50 et seq.
C.
Topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for other than reuse on the same lot.
§ 525-23 Right to farm.
[Added 5-5-1992 by Ord. No. 0:92-6; amended 11-8-2001 by Ord. No. 01-7]
A.
There is hereby included in this chapter of the Township of Harmony a section entitled "Right to farm."
B.
Legislative findings.
(1)
The Township Committee of the Township of Harmony finds that farming has existed and been carried on in the Township for hundreds of years and long before the residential development that has since been prevalent in the Township. The Township Committee of the Township of Harmony further finds that residences have been located in close proximity to existing working farms that engage in spraying, the spreading of animal wastes, fertilizing and irrigation as well as other activities which are indigenous to farming. The Township Committee of the Township of Harmony finds and determines that farmers must be secure in their ability to earn a livelihood and utilize customary procedures and techniques.
(2)
The Township of Harmony further finds that whatever burden may be caused to contiguous property owners is offset by the benefits from farming to the Township, county and state as well as the preservation of open space areas within the Township.
C.
Statement of intent. This section shall not be construed as a zoning section and does not supersede any zoning section and the rights and privileges arising from said sections. It is the intent of this section to prohibit farming from being found to be a nuisance when practiced according to customary farming practices.
D.
Recognition of right.
(1)
The right to farm lands and properties within the Township of Harmony is hereby recognized to exist as a right of the farmer, his agents or assigns to utilize his land and properties in such a manner as to pursue his livelihood, subject only to the restrictions and regulations set forth in the Township, county and state health codes and regulations.
(2)
The right to farm recognize the use of large irrigation pumps and equipment, aerial and ground seeding and spraying, large tractors, the application of chemical fertilizers, insecticides and herbicides, as well as other customary farm equipment utilized by the farmer for the purpose of producing from the land agricultural products such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, aquaculture, flowers and seeds.
(3)
The right to farm shall also include the right to utilize the land for grazing of animals, subject to the restrictions for intensive fowl or livestock farms or such restrictions as may be required by county, state and federal laws.
(4)
The right to farm shall also recognize activities such as the use of necessary farm laborers, the traveling and transportation of large slow-moving equipment over roads within the Township of Harmony and the construction of fences for animals and livestock.
E.
Times of operation; ancillary effects. The activities set forth herein incidental to the right to farm and when reasonable and necessary for that particular farming activity and livestock or fowl production and when conducted in accordance with generally accepted agricultural practices may occur on holidays, Sundays and weekdays and at night and during the day. The noise, odors, dust and fumes that are caused by these activities are recognized as ancillary to the permitted activities set forth in this section and the right to farm.
F.
Notice of right to farm. For the purpose of giving due notice of nearby uses to proposed residents, the Land Use Board of the Township of Harmony shall require an applicant for a major or minor subdivision, as a condition of approval thereof, to include the following notice, both on the subdivision plat itself and in an instrument in recordable form, to provide constructive record notice to buyers of the existence of any proximate, nonresidential uses, such instrument to be approved by the Land Use Board of the Township of Harmony prior to the filing of the final subdivision plat or recording of any deed(s), as the case may be. Such notice shall read as follows: "Grantee is hereby noticed that there is, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust and fumes associated with agricultural practices permitted under § 525-23, Right to farm, of the Harmony Township Zoning Ordinance."
§ 525-24 Buffers, screening and landscaping.
[Amended 11-8-2001 by Ord. No. 01-7]
A.
Buffer strips. Wherever a buffer strip has been specified by this chapter or as may be required by the Board or governing body, such buffer strip shall be of the width so specified or required and shall:
(1)
Be landscaped by the planting of grass and/or ground cover, shrubs and trees. Two shrubs and one tree shall be provided for each 500 square feet of area or fraction thereof of the buffer strip. If the buffer strip is naturally wooded in its entire width, it shall remain in its natural condition in place of the required shrubs and trees.
(2)
Not contain parking area or driveways, unless specifically permitted elsewhere in this chapter, or other accessory structures or uses except for decorative purposes or passive recreational purposes.
B.
Screening. Wherever screening has been specified by this chapter or as may be required by the Board, such screening, unless otherwise required, shall extend to the required front yard setbacks of the lots to be screened and shall, as a minimum, consist of dense hedges or deciduous trees and at least 50% evergreen shrubbery, planted at 30 inches on center in a single row or at five feet on center in each of two staggered rows, provided that if all evergreens are used, they may be planted at five feet on center in a single row or at 10 feet on center in each of two staggered rows. Plants shall be a minimum of six feet tall at the time of planting or, if the Board so approves:
(1)
A solid fence of a naturally durable material, such as cedar, cypress or redwood, not less than five feet tall and open to the ground not more than four inches above ground level; or
(2)
A landscaped earth berm not less than five feet in height.
C.
Landscaping. All areas of any lot not occupied by buildings, pavement or other surfacing or otherwise improved or used in accordance with an approved site plan or subdivision shall be landscaped by the planting of grass and/or ground cover, shrubs and trees. As a minimum, one tree shall be provided or remain existing for each 5,000 square feet of area or fraction thereof to which this requirement applies. The placement of the plant material shall be appropriate to enhancement of the property. Continuous maintenance shall be practiced on all such areas.
§ 525-25 Lot and yard restrictions; modifications.
[Amended 11-8-2001 by Ord. No. 01-7]
A.
Buildings permitted on individual lots.
(1)
Only one single-family dwelling unit per lot. No lot shall have erected upon it more than one detached single-family dwelling unit.
(2)
Multiple buildings shall be permitted on lots used for nonresidential purposes in nonresidential zones, provided the buildings are related to each other as to the use of the lot.
B.
Provision of yard space. No yard or other open space provided above any structure for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other structure.
C.
Required areas on lot to be in zone where required. All yards, open space, off-street parking areas and required buffer strips must be contained within the zone in which the use to be served thereby is permitted.
D.
Street frontage required. Primary structures shall be built only upon lots having frontage upon a street improved to meet the Township's requirements.
E.
Yards affected by Master Plan or Official Map. Where a lot has frontage on a street which the Master Plan or the Official Map of the Township indicates is proposed for right-of-way widening, the required yard area shall be measured from the proposed street line.
F.
Yards affected by building line ordinance. Where a lot has frontage on a street for which the Township has imposed a building line ordinance requiring a greater setback than the minimum front yard depth or than the minimum side yard width on the side street frontage of a corner lot, each as required by this chapter, the provisions of such building line ordinance shall govern.
G.
Front yard modifications. In any residential zone, in lieu of the minimum front yard depths required by this chapter, when 25% of the block frontage within 200 feet of a proposed building is already improved with buildings, the front yard depth at the front of a proposed building:
(1)
Shall conform to the average alignment of the two nearest buildings within such 200 feet in cases where such average alignment exceeds the minimum front yard depth required in the zone within which such proposed building is situated; provided, however, that in no case shall the depth of such front yard be required to exceed such minimum depth by more than 10 feet.
(2)
May conform to the average alignment of the two nearest buildings within such 200 feet in cases where such average alignment is less than the minimum front yard depth required in the zone within which such proposed building is situated; provided, however, that in no case shall such front yard have a depth of less than 30 feet.
H.
Corner lots and through lots. Where a lot has frontage on two or more intersecting streets or where a lot extends through from street to street, the applicable front yard regulations shall apply on all street frontages.
(1)
Detached accessory buildings shall be located to the rear of the front building line of the primary building and shall conform to the side and rear yard requirements of this chapter for the zone as applicable.
(2)
No private garage or other accessory building in any zone, if detached, shall be placed within 10 feet of the main building.
(3)
Lots which have multiple street frontages shall not be considered to have a rear yard. Setback dimensions for all yards other than front yards shall meet the requirements for the larger of two sides yards in the zone.
(4)
Lots which front on an alley shall not be required to comply with the front yard setback requirements as to the alley frontage.
I.
Attached garages. Nothing contained herein shall prevent the construction of a private garage as a structural part of the main dwelling, provided that when so constructed, the garage walls shall be regarded as the walls of the main dwelling in applying the front, rear and side yard regulations of this chapter.
J.
Open and unobstructed yards.
(1)
The space in a required front yard shall be open and unobstructed above ground level except for:
(a)
Steps giving access to a porch or first-floor entry door.
(b)
Other projections specifically authorized in Subsection J(2).
(2)
Every part of a required yard shall be open to the sky unobstructed except for accessory buildings and except for the ordinary projection of sills and belt courses, and except for ornamental features projecting not more than four inches and cornices and eaves not projecting more than two feet.
K.
Parking or storage in front yards. The parking or storage of boats, vehicles, except passenger cars, or other equipment in a required front yard is prohibited unless otherwise required or permitted by the off-street parking regulations of this chapter.
L.
Display of goods for sale in yards. The display of goods for sale or the location of coin-operated vending machines of any type in a manner which would infringe upon the required yard areas specified in this chapter is prohibited.
M.
It is the purpose of these provisions to regulate and limit the parking and storage of commercial vehicles, as hereinbelow defined, within the AR-500 Agricultural/Residential Zone District, the AR-300 Agricultural/Residential Zone District, the AR-250 Agricultural/Residential Zone District, the R-150 Zone District, the AH Affordable Housing Zone District and the R-HB Residential/Historic Business District specifically as follows:
[Amended 4-7-2009 by Ord. No. 09-3]
(1)
The primary purpose of this provision is to protect residential homeowners from the adverse impact of commercial vehicles being parked in a residential zone for extended periods of time.
(2)
"Commercial vehicle," as herein regulated, shall be defined to mean any vehicle meeting one or more of the criteria below:
(a)
Any vehicle, whether bearing commercial registration (license plates) or not, which has a manufacturer's stated gross vehicle weight rating (GVWR) of 12,000 pounds or more.
(b)
Any vehicle 96 inches or greater in height or 96 inches or greater in width.
(c)
Any vehicle having a body width exceeding the width of the cab.
(d)
Any vehicle(s) displaying lettering for advertisement purposes.
(3)
In the zone districts enumerated hereinabove, no such commercial vehicle shall be permitted to be stored, maintained or parked overnight (defined as between the hours of 12:00 midnight and 5:00 a.m.) on a lot or within a public road right-of-way or on or along a private lane or driveway; provided, however, that one only such commercial vehicle shall be permitted to be stored, maintained or parked upon a lot provided same is housed within an enclosed building located upon the lot.
(4)
Any vehicle having a gross vehicle weight rating (GVWR) of less than 12,000 pounds or having the body style known as a dual-wheel pick up truck, whether bearing commercial registration (license plates) or not, and whether used for commercial purposes or not, shall not be regulated or prohibited by these provisions.
(5)
Farm machinery and vehicles used in support of an active agricultural or horticultural operation conducted in the Township and not more than one recreational vehicle (RV) not utilized as living quarters shall be exempt from the provisions thereof.
N.
Corner clearance. On a corner lot, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected which would obstruct the view to a height in excess of one foot, and no vehicle, object or any other obstruction of a height in excess of one foot shall be parked or placed and no hedge shrub or other growth shall be maintained at a height in excess of one foot, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level shall be permitted. Such triangular area shall be determined by the intersection of street curblines and a diagonal connecting two points, one on each street center line. The point on the major (through) street curbline shall be in accordance with the table below from the near side minor (stop) street curbline, and the point on the minor street curbline shall be 30 feet from the near side major street curbline.
Major Street Distance Design | |
|---|---|
Speed (miles per hour) | Distance (feet) |
30 or less | 200 |
40 | 275 |
50 | 350 |
§ 525-26 Height restrictions; exceptions.
[Amended 11-8-2001 by Ord. No. 01-7; 6-6-2002 by Ord. No. 02-6]
A.
Height of accessory buildings. Except on a farm, no accessory building shall exceed 25 feet in height and no bearing wall shall exceed 20 feet in height. On a farm, the height limitation of necessary buildings shall be the same as for the principal building.
[Amended 2-1-2005 by Ord. No. 05-2; 11-6-2018 by Ord. No. 18-6]
B.
Waiver.
(1)
Nothing herein contained shall restrict the height of a barn or silo on a farm, a church spire or similar structure.
(2)
No structure erected pursuant to Subsection B(1) to a height in excess of the height limit for the zone in which it is situated shall be used for residence or tenancy purposes.
§ 525-27 Cleanup.
[Amended 11-8-2001 by Ord. No. 01-7]
No person shall permit uncut grass, weeds, brush, rubble, abandonment of scrap metal, machinery, building materials or dismantled, unlicensed or junk motor vehicles in excess of one for one month on real property. Said property shall be made to conform with abutting properties.
§ 525-28 Dumping.
[Amended 11-8-2001 by Ord. No. 01-7]
Dumping of refuse, waste material and other substances is prohibited in all zones in the Township except for the purpose of filling to established grades for which a permit must be obtained from the appropriate officials.
§ 525-29 Swimming pools.
[Amended 11-8-2001 by Ord. No. 01-7]
In-ground and other permanent swimming pools are considered to be structures and as such shall require a building permit.
§ 525-30 Horses.
[Amended 11-6-1979 by Ord. No. 0:79-6; 3-3-1981 by Ord. No. 0:81-3; 11-8-2001 by Ord. No. 01-7]
The keeping of horses in other than a farm shall be permitted in all zones where the minimum required lot size is one acre or more, provided that no more than one horse shall be permitted to be kept for each acre of lot area, and that all accessory structures utilized in such stabling shall meet the minimum required setbacks for principal structures within the zone. When the computation of the number of permitted horses results in a fraction, such fraction shall be rounded to the next lowest whole number. No horses shall be permitted in the minimum required front yard.
§ 525-31 Fences and walls.
[Added 11-6-1979 by Ord. No. 0:79-6; amended 11-8-2001 by Ord. No. 01-7]
A.
In order to provide for proper sight distance for vehicles entering the public streets from private drives, fences and walls, shrubs and evergreens may be erected, altered or reconstructed to a height not to exceed 2.5 feet above ground level when located within 25 feet from the curbline; provided further that fences and walls shall not be permitted in the minimum required front yard.
B.
Fences and walls may be erected, altered or reconstructed to a height not to exceed six feet above ground level when located other than in the minimum required front yard.
C.
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided the required sight lines in Subsection A above are maintained.
D.
These restrictions shall not be applied so as to restrict the erection, alteration or reconstruction of fences used in connection with farms or farm operations except insofar as such fences might affect the public safety and might restrict the required sight lines in Subsection A above.
§ 525-32 Flag lots.
[Added 2-6-1990 by Ord. No. 0:90-1; amended 3-5-1996 by Ord. No. 0:96-4]
A.
Flag lots, as herein defined and regulated, may be created in all residential zones.
B.
The flag lot created shall contain a minimum gross area of five acres, exclusive of the area contained within the access strip or flagstaff, and shall contain a constraint-free area meeting the requirements of § 525-8C.
C.
Each flag lot shall abut an existing public road, meeting the requirements of N.J.S.A. 40:55D-35, by way of an access strip which shall be owned in fee, rather than served by an easement or right-of-way, and shall be conveyed as part of the flag lot; such access strip shall have a width of no less than 50 feet fronting upon such road and shall have a width of no less than 50 feet measured at right angles or radially to the length of the strip at all other points between the intersection of the access strip with the public road and its intersection with the rear line of the flag lot created; and said access strip shall remain open and unbuilt upon at all times; provided, however, that lots existing separately as of the date of this chapter and confirming in all other respects to the provisions hereof shall be permitted to meet the access strip requirement with a perpetual and title insurable easement or right-of-way of a minimum of 25 feet in width, conforming to the requirements herein.
[Amended 2-1-2005 by Ord. No. 05-2]
D.
Development criteria.
(1)
It shall be demonstrated by the developer to the Land Use Board that the access strip can be improved in accordance with the provisions of the Harmony Township Driveway Ordinance[1] so as to assure suitability of the access by motor vehicles, including emergency vehicles and equipment, in all weather conditions.
[1]
Editor's Note: See Ch. 194, Driveways.
(2)
It shall also be demonstrated that there are adequate permanent and title insurable land rights to construct the driveway and its appurtenant slopes, drainage and other features.
E.
Flag lots shall be created only in conjunction with an overall development plan of the entire tract of which the flag lot is a part, and the applicant shall demonstrate to the Land Use Board a need, consistent with good planning principles, for the creation of the flag lot and shall further demonstrate that normal subdivision techniques are not practical because of the topography, lot or land constraints of the land related to the proposed development concept.
F.
All flag lots to be created shall further conform to the following minimum requirements:
(1)
The flag lot shall be deemed to front upon such access strip, and the required lot width at the street line shall be measured along said access strip. All other dimensional requirements applicable to the zone district in which said flag lot is located shall be complied with and shall be measured from and deemed to relate to said access strip.
(2)
The entire lot shall be located only upon one side of the access strip.
(3)
Such flag lots shall not be further subdivided, nor shall the access strip to same be used as access to any other lot or tract of land, unless all improvements required by the Land Subdivision Ordinance[2] have been installed, including the construction of a street or road leading from the public road to all lots proposed to be so served, which street or road shall meet all the design and construction standards as set forth in all the ordinances applicable thereto.
[2]
Editor's Note: See Ch. 425, Subdivision of Land.
(4)
The creation of a flag lot as herein provided shall be considered a subdivision and shall be subject to the definitions and limitations as provided in all the applicable Harmony Township land use ordinances.[3]
[3]
Editor's Note: See Ch. 425, Subdivision of Land.
(5)
Flag lots shall not be permitted in any subdivision involving the creation of new streets.
(6)
No street frontage (access strip) of any flag lot shall be located within 500 feet of the access strip of any other flag lot on the same side of the street.
(7)
The geometry of any flag lot shall be such that the lot shall accommodate, entirely within its lot lines, a circle with a diameter of not less than 300 feet, and no portion of the required access strip shall be included within the circle.
§ 525-33 Telecommunications towers and antennas.
[Added 6-1-1999 by Ord. No. 0:99-6]
A.
Antennas or towers shall be located on property owned, leased or otherwise controlled by the Township of Harmony or the Harmony Township Volunteer Fire Company, 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 section. Antennas or towers constructed on said properties shall be subject to the following conditions:
(1)
Maximum height: 140 feet, except 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, measured as the overall height, including antennas and any other appurtenances.
(2)
The minimum height of a security fence shall be 6 feet and the maximum height shall be 8 feet, exclusive of barbed wire on top.
(3)
Equipment shelters constructed in association with antennas or towers located on properties as described above shall maintain a maximum 15-foot setback from the base of the structure and shall be appropriately landscaped to minimize visual impact on neighboring properties.
B.
Existing structures located on lands owned or otherwise controlled by the Township of Harmony or the Harmony Township Volunteer Fire Company may be utilized for the placement of antennas subject to the following conditions:
(1)
The added equipment shall not extend higher than 75 feet above the existing structure upon which said equipment is to be placed.
(2)
The added equipment shall not protrude beyond the existing sides of the structure more than 5 feet and must not violate existing setbacks.
(3)
Equipment shelters constructed in association with antenna or towers located on an existing structure as described above shall maintain a minimum 15-foot setback from the base of the structure and shall be appropriately landscaped to minimize visual impact on neighboring properties.
C.
Existing towers may be utilized for the placement of antennas subject to the following conditions:
(1)
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same type as the existing tower unless the Harmony Township Land Use Board allows reconstruction as another type of structure.
(2)
An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.
(3)
The height change referred to above may only occur one time per such additional user of the tower, up to a maximum of three times per tower.
(4)
A tower which is rebuilt to accommodate the collocation of an additional antenna may be moved on site within 50 feet of its existing location.
(5)
After the tower is rebuilt to accommodate collocation, only one tower may remain on site.
D.
Towers and antennas shall be permitted in all zone districts subject to the following conditions:
(1)
Minimum lot size: five acres.
(2)
Minimum front yard setback: 50 feet or height of the structure, whichever is greater.
(3)
Minimum side yard setback: 50 feet or height of the structure, whichever is greater.
(4)
Minimum rear yard setback: 50 feet or height of the structure, whichever is greater.
(5)
Minimum distance to residential structures, public or private schools or houses of worship: 600 feet or 300% of the height of the tower, whichever is greater.
(6)
Minimum distance to residentially zoned property: 500 feet or 300% of the height of tower, whichever is greater.
(7)
Minimum distance to non-residentially zoned lands or structures other than the I Industrial Zone or structures located within the I Industrial Zone: 120% of the height of the tower from the adjoining lot line.
(8)
Minimum distance to nearest tower: 1,000 feet.
E.
Collocation and other site priorities. It shall be required that the applicant first pursue the potential for collocation of its wireless communications facilities on existing communications towers within the Township prior to the construction of an entirely new tower in order that the total number of towers within the Township shall be minimized while achieving the wireless communications service goals of the applicant. In that regard, it shall be required that the applicant, if unsuccessful in securing a collocation agreement with the owner of an existing wireless communications tower, demonstrate, with specificity and documentary evidence, the efforts made to achieve collocation, the results of those efforts and the reasons for the applicant's inability to do so. In the event of the inability of an applicant to establish its wireless communications facilities collocated with the existing facilities of an already established wireless communications provider, the second priority site shall be the location of the proposed wireless communications facilities on an existing electric transmission tower within the Township.
F.
Electronic equipment shelter buildings. All electronic equipment shelter buildings or structures established in support of a new site to be devoted to wireless communications facilities shall be limited to an area of 600 square feet. In the event that use of the site becomes shared with a collocating wireless communications provider, there shall be permitted a maximum increase in overall area of existing electronic equipment shelter buildings of 200 square feet for each such subsequent collocating wireless communications provider.
G.
Design standards for towers and antennas. The following design standards shall apply and be considered part of the site plan review process and require approval pursuant to N.J.S.A. 40:55D-46 and N.J.S.A. 40:55D-50:
(1)
Aesthetics. Towers and antennas shall, at the discretion of the Township Land Use Board, meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish subject to any applicable standards of the FAA or the Township Land Use Board or be painted a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings, and shall be located behind existing structures, buildings or terrain features which will shield the buildings and related structures from view.
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be at a neutral ratio that is identical to, or closely comparable with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(2)
Lighting. No lighting shall be permitted except as follows, which shall be subject to review and approval of the appropriate land use board as part of the site plan applications.
(a)
A building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.
(b)
No lighting is permitted on a tower except lighting specifically required by the FAA.
(c)
Any such required lighting shall be focused and shielded to the greatest extent possible so as not to project toward adjacent and nearby properties.
(3)
State and federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other state or federal agency with the authority to regulate such uses, and when such raised standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.
(4)
Building codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Harmony concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty calendar days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty calendar days shall constitute grounds for the immediate removal of the tower or antenna by the owner/lessee or by the Township at the owner's expense.
(5)
Signs. No signs shall be allowed on the antenna or tower except as may be required by the FAA or FCC or as required or permitted by the Land Use Board.
(6)
Electronic equipment buildings. Any proposed building related to electronic equipment shall not be more than fifteen feet in height nor more than six hundred square feet in area, and only one such building shall be permitted on the lot for each provider of communications services located on the site.
(7)
Parking. Minimal off-street parking shall be permitted as needed and approved by the appropriate land use board.
(8)
Security. All towers shall be designated with anti-climbing devices in order to prevent unauthorized access. Additionally, any tower supporting cellular or other wireless tower antennas and any building enclosing related electronic equipment shall be surrounded by a fence between six feet and eight feet high, excluding barbed wire. The fence shall be bordered by a double stepped row of evergreen conifer trees of at least eight feet tall at the time of planting and shall be planted ten feet on center.
(9)
Interference with public safety communications. No cellular or other wireless antenna and/or its related electronic equipment shall interfere with any public safety communications.
(10)
Noise. Noise levels at any property line shall not exceed fifty decibels or current noise standards promulgated by the State of New Jersey, whichever is less.
(11)
Generators. Any generator located on site shall be enclosed within a portion of the electronic equipment building. Any fuel storage shall be done in compliance with federal and state regulations and shall be limited to fuel stored within the primary fuel tank provided by the manufacturer of the generator. No auxiliary or supplementary fuel storage shall be permitted.
H.
General requirements for towers and antennas.
(1)
Principal or accessory use. Antennas and towers shall be considered either principal or accessory uses. Notwithstanding any other Township land use regulations, an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use. If a tower and its appurtenant structures are not the sole use of the lot, the tower shall be deemed an accessory use.
(2)
Lot size. For purposes of determining whether the installation of a tower or antenna complies with the zone district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control even though the antennas may be located on leased parcels within such lot.
(3)
Facility abandonment. In the event that any tower is abandoned or not operated for a period of one year, the same shall be removed within sixty days' notice by the Township at the sole expense of the owner. The owner shall provide a performance bond and/or other assurances satisfactory to the appropriate land use board and the Township Committee that will cause the antennas, the supporting tower, the auxiliary building enclosing related electronic equipment and all other related improvements to the land to be removed at no cost to the Township.
I.
Site plan submission and approval requirements. In addition to the applicable documentation and items of information required for major site plans within the Harmony Township Site Plan Review Ordinance[1], the following additional documentation and items of information shall be required as part of any cellular tower site plan application:
(1)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setback from property lines, elevation drawings of the proposed tower and other structures, topography, woodlands, tree lines, buffers or significant topographic terrain features, parking and other information deemed necessary to assess compliance with this section.
(2)
The setback between the proposed tower and the nearest residential unit.
(3)
Documentation by a qualified expert regarding the capacity of the proposed tower for the number and type of antennas.
(4)
Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas in all anticipated wind and/or ice loading conditions and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association have been met.
(5)
A letter of intent by the applicant, in a form acceptable to the Township Committee, indicating the applicant will share the use of any tower with other approved cellular or other wireless communications services. Additionally, the applicant shall make available to subsequent colocators, any space in the applicant's existing equipment building or, if no additional space is available to address the needs of the proposed colocator, the applicant shall make available a portion of the site for construction of an additional equipment building for the use of the proposed colocator.
(6)
A visual sight distance analysis graphically simulating the appearance of any proposed tower and indicating the view from at least five locations around and within one mile of the proposed tower where the tower will be most visible.
(7)
An overall comprehensive plan indicating how the applicant intends to provide full service throughout the Township and, to the greatest extent possible, how its plan to provide full service specifically relates to and is coordinated with the needs of all other providers of cellular communications services within the Township of Harmony. Specifically, the plan shall indicate the following:
(a)
How the proposed antenna relates to the location of any existing towers within the Township of Harmony.
(b)
How the proposed location relates to the anticipated need for additional antennas and supporting towers within and near the Township of Harmony by the applicant and by other providers of cellular communications services within the Township.
(c)
How the proposed location relates to the objective of allocating the antennas of many different providers of cellular or other forms of wireless communication services on the same tower.
(d)
How the proposed location relates to the overall objective of providing full cellular or other wireless or other forms of wireless communications services with the Township of Harmony while, at the same time, limiting the number of towers to the fewest possible.
(e)
A radio frequency (RF) emissions report from a qualified expert detailing latent site emissions.
(8)
Upon completion of the construction of the facility, as-built drawings (plans and profiles) certified by a professional engineer licensed by the State of New Jersey shall be submitted showing all improvements, appurtenances, structures and conditions at the time of preparation.
(9)
No modifications and/or additions to the facilities which were the subject of an approved site plan shall be made without subsequent application to, review and approval of an amended site plan showing such modifications or additions.
(10)
The applicant shall protect and preserve by deed restriction, which shall be subject to the approval of the Township Attorney, all existing, proposed and/or required buffers subject to reasonable construction easements to facilitate completion of all proposed improvements.
(11)
Commercial wireless communications antennas and equipment, including towers, which have not been in use for commercial wireless communications purposes for a period of six months shall be removed by the property owner. This removal shall occur within sixty days of the end of such six-month period. Upon removal, the site shall be cleared and restored. Any and all costs of removal shall be the sole responsibility of the property owner. If the property owner fails to remove the unused equipment within the specified time period, the Township of Harmony may undertake such removal and the property owner shall be liable for all of the Township's costs for removal and any additional costs incurred by the Township to recover its costs, including attorney's fees, if applicable.
(12)
The road or drive leading to all electronic equipment shelter buildings shall be designed and constructed of suitable width so as to permit the safe passage of fire-fighting and emergency equipment. The access drive or roadway shall be continuously maintained so as to provide for suitable and safe access by these vehicles, which shall include the obligation of the applicant to periodically trim and remove brush, weeds or other vegetation as required. The security fence which encloses electronic equipment shelter buildings as provided for Subsection G (8) herein, shall be secured by a lock or locking mechanism. The Township Fire Department shall be provided either the key or security code, whichever the case may be, in order to obtain access to the building in the event of an emergency.
[1]
Editor's Note: See Ch. 376, Site Plan Review.
