Harmony Township City Zoning Code

Existing and probable future character of the neighborhood.

Conservation of property values.

Traffic safety and road capacities.

The existing physical environment.

The time period for action by the Land Use Board on conditional uses shall also apply to any required site plan review.

Failure of the Board to act within the period prescribed shall constitute approval of the application.

If approved, the Board shall direct the Zoning Officer to issue to the applicant a zoning permit, making reference to the conditions of approval, if any.

If denied, the applicant shall promptly be furnished a copy of the Board's resolution thereon, which shall clearly state the Board's reasons for disapproval.

Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 525-24A.

Screening. The buffer strip required above shall also contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 525-24B.

No outdoor activity shall be in a front yard or closer to a property line than 40 feet.

No signs other than those normally permitted in the particular zone shall be permitted for the conditional use.

Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines (or boundaries of the area leased for the use in the case of a business center) other than street lines, except that access driveways may cross but not otherwise be located within the buffer strip, if necessary. Such buffer strips shall be a minimum of 10 feet in width and shall meet the requirements prescribed in § 525-24A.

Screening. Unless located within a business center, the buffer strip required above shall also contain screening, such as dense hedges, decorative fencing or landscaped earth berms, as further prescribed in § 525-24B.

No public or private garage accommodating more than five vehicles and no service station shall have any entrance or exit within 200 feet of the entrance to a public school, public library, theater, church, hospital, public park, playground or fire station.

All public garages and service stations shall be so arranged and all gasoline pumps shall be so placed as to permit all services to be rendered entirely within the lot lines. No gasoline or oil pump shall be placed within 25 feet of any street line or lot line.

The site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below finished grade, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.

Accessory goods for sale may be displayed out of doors on the pump island(s) and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be on the above islands only if contained within a suitable stand or rack, but shall not include tire racks or sheds. Tires shall be stored only inside the principal building or in the waste materials area, except that two tires may be displayed on the building island only. No vending machines shall be located out of doors.

The entire area of the site traveled by motor vehicles shall be hard surfaced in accordance with Chapter 410, Streets and Sidewalks.

Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicle shall be stored outside of an enclosed building.

No vehicles shall be permitted to be standing or parked on the premises of a filling station other than those used or serviced by the employees.

Any outdoor storage of waste materials or supplies shall be to the rear of the building and within an area screened or fenced to a height of not less than six feet. The area of such enclosure shall not exceed 100 square feet and shall not be closer than 15 feet to any lot or street line and not closer than 25 feet to another lot which is within a residential district or a street line which is across the street from a residential district.

No waste material whatsoever shall be discharged into any watercourse or storm drainage system.

In addition to the signs permitted by Article VI, service stations may also exhibit one temporary sign located no less than 10 feet inside the property line and specifically setting forth special seasonal servicing of automobiles, provided that such sign does not exceed seven square feet in area.

No liquid petroleum products or other flammable material shall be stored above ground out of doors nor shall more than 300 gallons of such material be stored within a building.

Protects and preserves all floodplains, wetlands and steep slopes from clearing, grading, filling or construction (except as may be required for essential infrastructure or active or passive recreation amenities).

Preserves and maintains mature woodlands, existing fields, pastures, meadows and orchards and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses.

Maintains or creates an upland buffer of natural native species vegetation of at least 100 feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs, lakes and ponds.

Designs around existing hedgerows and tree lines between fields or meadows; minimizes impacts on large woodlands (greater than five acres), especially those containing many mature trees or a significant wildlife habitat or those not degraded by invasive vines. Also, woodlands of any size on highly erodible soils with slopes greater than 10% should be avoided. However, woodlands in poor condition with limited management potential can provide suitable locations for residential development. When any woodland is developed, great care shall be taken to design all disturbed areas (for buildings, roads, yards, septic disposal fields, etc.) in locations where there are no large trees or obvious wildlife areas to the fullest extent that is practicable.

Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public roadways. This is to be accomplished through the following:

Protects wildlife habitat areas or species listed as endangered, threatened or of special concern by the United States Environmental Protection Agency and/or by the New Jersey Department of Environmental Protection.

Designs around and preserves sites of historic, archaeological or cultural value and their environs insofar as needed to safeguard the character of the feature, including stone walls, spring houses, barn foundations, cellar holes, earthworks, burial grounds, etc.

Protects rural roadside character and improves public safety and vehicular carrying capacity by avoiding development fronting onto existing public roads. Establishes buffer zones along the scenic corridor or rural roads with historic buildings, stone walls, hedgerows, etc.

Landscapes common areas (such as community greens), cul-de-sac islands and both sides of new streets with native species shade trees and flowering shrubs with high wildlife conservation value.

Provides active recreational areas in suitable locations offering convenient access by residents and adequately screened from nearby house lots.

Includes a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the neighborhood open space system. All roadside footpaths should connect with off-road trails, which in turn should link with potential open space on adjoining undeveloped parcels (or with existing open space on adjoining developed parcels, where applicable.)

Provides open space that is reasonably contiguous and whose configuration is in accordance with this section. For example, fragmentation of open space should be minimized so that these resource areas are not divided into numerous small parcels located in various parts of the development. To the greatest extent practicable, this land shall be designed as a single block with logical, straightforward boundaries. Long thin strips of conservation land shall be avoided, unless the conservation feature is linear or unless such configuration is necessary to connect with other streams or trails. The open space shall generally abut existing or potential open space land on adjacent parcels and shall be designed as part of larger contiguous and integrated greenway systems.

Designating the open space. All potential open space areas are identified with a clear statement as to effects on the goals set forth to preserve the features enumerated above. Open space shall be incorporated into a single large lot which is available to a single owner. Open space shall be covenanted to prevent further subdivision and to preserve the quality and features.

Location of house sites. Potential house sites shall be tentatively identified which shall show how each site meets the evaluation criteria enumerated above.

Street and lot layout. All lots and access streets shall be located in a way that avoids or at least minimizes adverse impacts on conservation areas.

The tract in question is unsuitable for cluster development due to factors such as the size or shape of the tract or the location of natural features, and the purposes for a cluster development as set forth in § 525-48A and the evaluation criteria established in § 525-48C are not applicable to the applicant's site.

Where the property is wholly or partially in agricultural use, that the property is not feasible for continued or future agricultural use due to its physical characteristics. Existing features such as soil conditions, rock outcroppings, wooded areas, the tract's shape or size, past farming activities and suitability for efficient use of farm machinery shall be considered.

The proposed conventional development will not have a disruptive effect on the existing topography, steep slopes, floodplains, wetlands, mature woodlands or other natural features on the site.

An environmental impact statement and visual inventory of the site have been submitted.

The proposed conventional development shall be consistent with good design principles and land development practices. Specifically, it shall be designed to minimize view of dwellings from exterior roads and to avoid stripping out of lots along these roads.

The tract in question can be developed in a manner consistent with community goals as expressed in the Harmony Township Master Plan.

Protect residential areas and land uses from the potential adverse quality-of-life impacts of solar production systems;

Encourage the location of solar production systems on disturbed areas, municipal property and nonresidential areas or along major transportation corridors;

Appropriately manage the total number of commercial solar systems throughout the community;

Encourage the location of commercial solar production systems in areas where the adverse quality-of-life impact is minimized;

Encourage the location of solar production systems in a way that minimizes their adverse visual impact through careful design, siting, landscaping, screening, and innovative camouflaging; and

Enhance the ability of the providers of commercial solar energy to provide such services to the community effectively and efficiently.

In order to minimize the removal of forest siting, priority is for land that has been cleared for at least five years prior to the proposal.

In no event shall a lot have more than 10% of the existing forested portion thereof cleared for ground-mounted solar production systems.

The minimum lot size must equal at least six acres per each megawatt (MW) of electrical energy produced.

No more than 80% of a lot may be devoted to a ground-mounted solar production system.

All ground-mounted solar production systems shall be set back a distance of 75 feet from all property lines and street right-of-way lines and within which no solar panels, inverters, interconnection equipment or other devices or facilities related to the use shall be located.

Ground-mounted arrays shall not exceed a height of 15 feet.

Ground-mounted solar panels and solar arrays shall not be considered to be an impervious surface, for the purpose of compliance with stormwater management regulations, unless installed above an imperious surface.

Facilities and associated equipment shall not be used for displaying any advertising except for reasonable identification of the manufacturer, or operator of the system. In no case shall any identification be visible from a property line.

Facilities and associated equipment shall not significantly impair a scenic vista or scenic corridor as identified in the Township's Master Plan or other published source.

Wires, cables and transmission lines running between the facility and any other structure shall be installed underground. However, interconnection services between the solar facility and the utility transmission lines may be constructed above ground.

Careful design shall be utilized when siting access roads in order to minimize lot coverage and the distance from public roads.

Facilities shall use semipervious materials for access roads such as gravel to minimize stormwater runoff.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

All solar production systems shall be screened from view of all public streets by buildings and/or a fifty-foot buffer of dense evergreen plant material and/or fences as deemed necessary by the Land Use Board to achieve the intended buffer.

Ground-mounted solar systems should include a landscape plan indicating the seed mix to be used as ground cover beneath the solar arrays. An ideal seed mix shall consist of 100% native noninvasive species that are low maintenance, promote/aid the local wildlife and do not grow to the height of the bottom of panels.

Each fenced area shall be provided with a minimum of two access gates. Each gate shall have a minimum width of 12 feet.

Gravel access drives shall be provided within the fenced area around the perimeter of the facility and at a minimum spacing of 400 feet.

The solar panels shall be spaced to provide a minimum clearance between panels of six feet to permit access for a side-by-side UTV.

A Knox-Box^® shall be provided on the main gate into each fenced area enclosing the solar facility. Knox-Box^® keying shall be in accordance with requirements of the Fire Chief.

Access to the main shutoff shall be provided to the Fire Company.

The approval of the Fire Chief shall be obtained prior the facility being operated.

Solar production systems and associated equipment which have not been in use for commercial production and sale for a period of six consecutive months shall be removed by the property owner. Additionally, all equipment buildings, related facilities, fencing, utility connections and access driveways shall be removed and the site restored to its predevelopment condition. This removal shall occur within 60 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. In order to ensure compliance with these requirements, the owner shall provide a performance bond and/or other assurances satisfactory to the Land Use Board and the Township Committee to cover the cost of removal of the facility, associated equipment and any other related improvements to the land which are required to be removed. The amount of the performance guaranty shall be 120% of the estimated cost of removal and shall be subject to the approval of the Township Engineer. Failure to remove an abandoned solar facility shall entitle the Township to remove same at the owner's expense and to assess the property owner for all reasonable costs incurred.

In the event a bond is not available of a term adequate to serve its intended purpose or if the developer so elects, the developer may post a cash performance guaranty to assure site restoration in the event of abandonment of the project. The amount of the cash deposit, which shall be placed in escrow with the Township of Harmony in an interest-bearing account, shall be determined as follows. The developer's engineer shall prepare a restoration cost estimate, which may take into account the salvage value of the facilities at the time of site restoration and deduct that amount from the total cost of restoration. That estimate shall then be submitted to the Township Engineer who shall then review and approve or modify the amount as he deems necessary. The total amount of the cash performance guaranty shall then be divided by either the projected useful life of the project or the initial term of the lease if the developer is not the property owner, whichever term shall be lesser. The total amount of performance guaranty shall be divided by that number of years to result in the annual cash deposit requirement to be posted with the Township of Harmony.

The specifications and standards applicable to the conditional use and which must be affirmatively found by the Land Use Board to have been satisfied prior to the granting of a conditional use permit therefor shall be as follows:

The ability of the Land Use Board to approve an overall height in excess of 65 feet but no greater than 75 feet shall be considered as within the range of the conditional use standards and specifications for maximum or overall height and shall not necessitate a variance pursuant to N.J.S.A. 40:55D-70c (N.J.S.A. 40:55D-60a) therefor.

The applicant shall demonstrate to the Land Use Board that a plan of ownership, maintenance and operational responsibilities exists so as to assure the continuing ability of the emergency warning signal device system to function when the need for the same arises.

The minimum size of the tract shall be 25 acres.

The subdivision shall not result in any greater number of lots than would be yielded by conventional subdivision (without lot reduction), as demonstrated by a concept plan of such a conventional subdivision.

Each lot shall have a gross lot area of not less than 2/3 of the minimum required lot size required in the zone.

All lots shall meet the minimum requirements within the zone but shall also include within each lot an area which is free of constraints. The constraint-free area shall meet the following requirements:

The receipt, storage, processing or transfer of recyclable material shall be conducted in a manner consistent with the protection of public health, safety and the environment.

The length of time required for processing of the material shall not exceed that which is reasonably necessary, as dictated by the process (mechanical, natural, etc.) used to recycle the material.

The activity shall minimize the degradation of existing lifestyles of residents of the community. This shall be determined based on the effect on existing transportation patterns, ambient acoustical conditions, drainage and soils characteristics, surface and groundwater quality and odor production and similar considerations.

All material brought onto the site is to be removed, and no material is to be retained or used on the site in such a manner that it would prohibit removal.[1]

Not more than two persons shall be employed on the premises.

No such use shall alter the character of the residential area in which it is located.

Not more than 50% of the floor area of one floor or 500 square feet, whichever is the lesser, shall be issued for such home occupation use.

All building setback lines for the zoning district shall be held as minimum and may be increased where buffering and screening is deemed necessary or required as in § 525-24. Building lot coverage for the zoning district shall be maximum, which shall include the parking areas.

All parking and loading requirements shall be complied with for the particular use and shall be constructed within the minimum required setbacks.

No home occupation or home professional use shall be erected on a lot smaller than that permitted in the zoning district. The lot shall be of sufficient size in order that the proposed use can comply with all the zoning requirements for the use, such as parking, setbacks, buffer areas, etc.

Each such unit shall consist of a single dwelling unit not to exceed 750 square feet in interior area, on a single level, constructed so as to be readily removable and owned or provided by a county, state or municipal agency, which shall be responsible for its removal.

ECHO units may be erected only upon lots on which a single-family residence is already located; may not be constructed within the front yard of any lot; shall be constructed and removed in accordance with all applicable ordinances, statutes and regulations; and shall be a conditional use requiring approval of a site plan by the Land Use Board and as to all other relevant details by the Health Officer, Fire Subcode Official and Building Subcode Official of Harmony Township.

An ECHO unit shall be permitted only upon application to the Land Use Board by the owner of the property upon which the principal residence unit associated with the said ECHO unit is located. The ECHO permit shall be renewable annually upon application of the owner of the property, after certification by the Zoning Enforcement Official of the continuing compliance by the permittee with the conditions of original issuance. Notice of application for the original permit or any renewals shall be served in accordance with the provisions of N.J.S.A. 40:55D-12.

An ECHO unit shall be occupied by no more than two people, who shall be related to each other by blood or marriage, at least one of whom shall be 55 years of age or older and unable to live independently, and at least one of whom shall be related by blood, marriage or adoption to one or more of the persons residing in the principal dwelling associated with the said ECHO unit.

An ECHO unit shall not be erected on any lot unless the lot area is at least one acre. ECHO units shall in no case be erected within the front yard of the lot as elsewhere defined and, when erected in the side yard or rear yard, shall conform to all provisions of this Chapter 525, Zoning, establishing minimum side and rear yard setback requirements for principal structures for the zone district in which the lot is located, such that the outer walls of the ECHO unit shall be the prescribed distance from side or rear lot boundaries.

ECHO units shall conform to all other provisions of the Harmony Township Code as to accessory structures; may be manufactured dwelling units as elsewhere defined and regulated, provided that the width or shorter horizontal dimension of the unit shall be no less than 22 feet; shall be provided with adequate water supply and sewage disposal arrangements, which may be by means of interconnections with the facilities of the principal residence as approved by the Code Enforcement Official and the Health Officer; and shall be erected upon a foundation of pressure-treated wood or equivalent material which meets applicable construction codes while allowing complete removal when the need for the unit ends.

An ECHO unit shall be removed from the premises upon the death of the dependent occupant for whom permitted, unless the other occupant (if there be such) and the resident in the principal dwelling specifically request from the Land Use Board a continuation of the permit, or upon a permanent change of residence of the said occupant or occupants. Removal shall be completed within 90 days of such event. The site shall be restored such that no visible evidence of the unit remains.

Notwithstanding any other provisions of the Harmony Township code, a site plan for the construction of an ECHO unit shall be submitted to the Land Use Board for approval prior to the issuance of any permit by a Zoning or other Code Enforcement Official. The approval by the Health Officer of all water and sewage disposal arrangements shall be required before the Land Use Board shall act on the application.

ECHO units may not be constructed or erected within planned unit or planned unit residential developments.

The applicant for permission to construct an ECHO unit shall submit a sketch plat, which shall be to scale, showing the location of all existing or proposed buildings, structures, drives, walkways and the layout of utility services, including proposed water and sewer connections, plus landscaping and screening if such are contemplated. Said sketch site plat shall be endorsed in writing by the government agency which will own or provide the ECHO unit. The said site plan sketch shall be of sufficient detail and shall be submitted in sufficient numbers of copies to adequately inform the Land Use Board concerning the proposal. The said plat shall be reviewed by the Land Use Board and the Board engineer. The Board engineer shall determine completeness.

Applicable design guidelines set forth in Chapter 376, Site Plan Review, of the Code of the Township of Harmony shall guide the applicant in developing the site plan and the Board engineer in reviewing it.

No fee shall be required for submittal or review of such site plan. The application shall not be deemed complete until approved by the Health Officer, Fire Subcode Official and Building Subcode Official.

Windmills and wind generators may be located upon an existing structure such as a building, barn, silo, steeple, etc., which is an existing permitted structure in the zone district in which same is located. Such equipment shall have a maximum height not to exceed 10 feet above the highest point of the structure and shall be designed, located and painted so as to minimize the visibility thereof in order to blend in with the structure and/or ambient views.

All equipment associated with the generator shall be contained within the structure or within an existing accessory structure, as the first siting priority or, if such location is not possible or feasible, within a new structure to be constructed which shall be designed to simulate an accessory structure normally incidental to the principle structure or use.

If it is not possible or practical, and the applicant so demonstrates to the Land Use Board, to locate any such facilities in accordance with the foregoing provisions, such facilities may be erected upon a freestanding monopole tower, subject to the following additional conditions:

Security. All towers shall be designed and constructed within anticlimbing devices in order to prevent unauthorized access thereto.

Electrical interference. No such electrical generating equipment shall cause any electrical magnetic (e.m.) interference with radio, television, or other wireless communications, devices or equipment located or operated in proximity thereto.

Noise. Noise levels from the facility shall be such as to not be discernible beyond the property lines of the site upon which the facility is located.

Maintenance. All towers shall be maintained as to assure their structural integrity and so as to maintain an appropriate aesthetic appearance in order to avoid a visual nuisance.

Abandonment. In the event of cessation of the use of the facility for 12 or more consecutive months, the structure and use shall be deemed abandoned and same shall be removed from the site and the site restored to predevelopment conditions by the property owner.

Lighting. No lighting shall be permitted on any such tower except for such lighting specifically required by the Federal Aviation Administration (FAA).

Equipment shelter buildings. All wind generator equipment shelter buildings or structures established in support of the use shall be limited to an area of 100 square feet and shall have a maximum height of 15 feet, measured from the highest point of the peak of the roof to the lowest point of the natural grade within three feet of the foundation. Only one such building or structure shall be permitted.

Architecture/aesthetic considerations. All towers and attendant support equipment buildings shall, to the greatest extent practicable, use materials, colors, textures, screening and landscaping in order that same shall blend into the natural setting and be aesthetically and architecturally compatible with the surrounding buildings and shall be located so as to minimize the view of the tower and related support equipment structures from views from adjoining properties, adjacent and nearby roadways and from long distance views.

Structural integrity. All such towers shall be designed, located and maintained so as to assure the structural integrity thereof, and the ability of the tower to maintain its structural integrity while being subjected to wind loads, icing and other adverse weather conditions.

A site plan prepared to scale showing the proposed location, type and height of the proposed monopole tower and any proposed support equipment shelters.

The relationship of the proposed wind generation system to individual trees, tree lines, woodlands, buildings, structures and other physical terrain features affecting or potentially affecting the placement and operation of the facility.

The setback distances between the proposed tower, all property lines of the site on which the tower is located and the setback of the tower from all residences located within 1,000 feet thereof.

Documentation by a qualified expert that the proposed tower will have sufficient structural integrity to support the proposed wind energy conversion equipment, taking into consideration anticipated windloads and ice loading conditions in accordance with prevailing structural engineering standards, recommendations and requirements.

A visible sight analysis graphically simulating the appearance of the proposed tower and the view thereof from at least five perspectives around and within one mile of the proposed facility, including views from roadways and other properties which offer the most visibility of the proposed facility.

In the event of an application for multiple wind energy conversion systems located upon one site or located upon separate sites but interconnected, the applicant shall provide a comprehensive plan designating the anticipated users of the energy generated, the functional relationship of the facility to the electrical energy grid system to which it is intended to be tied, and any proposed or anticipated additional facilities.