Harmony Township City Zoning Code
ARTICLE VIII
Conditional Uses
§ 525-42 Purpose.
In recognition of innovations and changes in the technology of residential land development which can be beneficial to the future well-being of the Township but which benefits are unlikely to be realized through the uniform treatment of area, yard and building requirements on a lot-by-lot basis and also in recognition of certain uses which are necessary to serve the needs and convenience of the Township but which uses may be or become inimical to the public health, safety and general welfare by reason of their inherent nature and/or operation and, therefore, require special and proper consideration of existing and probable future conditions and characteristics of the surrounding area, this chapter provides that such uses are declared to be conditional uses.
§ 525-43 Requirements.
Uses which are specifically authorized in this chapter as conditional uses may be permitted in the particular zone where authorized (Article II, Use Regulations) if found appropriate in the specific location and circumstances upon the approval of such conditional use by the Land Use Board pending site plan review, and such conditional use shall adhere to the minimum standards specified for that particular use by the applicable regulations of this chapter and shall further conform to such other conditions and requirements as may be stipulated in the approval of the conditional use.
§ 525-44 Guidelines.
In its consideration of an application for a conditional use, the Board shall duly consider and take its action within the frame of reference established by the following guiding principles:
A.
Such use shall be one which is specifically authorized as a conditional use in the zone within which such particular site is located.
B.
Such use shall not be contrary to the purpose of this chapter and such use will be beneficial toward achievement of the objectives of the Township.
C.
Such use shall adhere to the minimum standards specified for that particular use by the Schedule of Area, Yard and Bulk Regulations (§ 525-20), the specific regulations for conditional uses found in this Article and all other applicable regulations of this chapter.
D.
The design, characteristics and operation of the use shall be such that the public health, safety and general welfare will be protected and reasonable consideration is afforded to the following:
E.
For every such use the Board shall make its findings supported by evidence produced at a public hearing in the manner provided by law.
§ 525-45 Procedures.
A.
Application. Application for a zoning permit authorizing a conditional use shall be made to the Land Use Board on forms provided by the Secretary of the Board. The application shall include an application for site plan review.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Public hearing. The appropriate board shall schedule a public hearing on the application in accordance with the procedures for hearings as set forth in the Municipal Land Use Law, its amendments and supplements thereto.
C.
The Land Use Board shall grant or deny the application for a conditional use within 95 days of submission of a complete application by the developer to the Secretary of the Land Use Board or the Township Engineer, as the case may be, or within such further time as may be consented to by the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
The time period for action by the Land Use Board on conditional uses shall also apply to any required site plan review.
(2)
Failure of the Board to act within the period prescribed shall constitute approval of the application.
(3)
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.
(4)
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.
§ 525-46 Public and semipublic uses.
A.
Conditional uses within this classification. Public and semipublic buildings and uses such as libraries, museums, private schools, nonprofit outdoor recreational clubs, eleemosynary uses, other nonprofit uses similar in nature and scale, churches and other similar places of worship, parish houses, convents and other such facilities of recognized religions are permitted, if found appropriate, as conditional uses in the zones so designated in Article II.
B.
Provisions and requirements. In addition to the requirements specified in the Schedule of Area, Yard and Bulk Regulations (§ 525-20), applicable requirements of the general regulations (Article IV) and the standards required for an approved site plan, the following requirements shall be provided:
(1)
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.
(2)
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.
(3)
No outdoor activity shall be in a front yard or closer to a property line than 40 feet.
(4)
No signs other than those normally permitted in the particular zone shall be permitted for the conditional use.
§ 525-47 Service stations.
A.
Conditional uses within this classification. Motor vehicle or automobile service stations, filling or gasoline stations and motor vehicle or automobile repair garages are permitted, if found appropriate, as conditional uses in the zones so designated in Article II.
B.
Provisions and requirements. In addition to the requirements specified in the Schedule of Area, Yard and Bulk Regulations (§ 525-20); applicable requirements of the general regulations (Article IV) and the standards required for an approved site plan, the following requirements shall be provided:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
The entire area of the site traveled by motor vehicles shall be hard surfaced in accordance with Chapter 410, Streets and Sidewalks.
(8)
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.
(9)
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.
(10)
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.
(11)
No waste material whatsoever shall be discharged into any watercourse or storm drainage system.
(12)
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.
(13)
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.
§ 525-48 Residential cluster.
[Added 2-1-2005 by Ord. No. 05-2[1]]
A.
Purpose. The purposes of the land use and development of the municipality as set forth in § 525-2 would be furthered by permitting reduction in lot area of individual lots in the case of certain residential developments, but only where such developments of single-family detached dwellings provide compensating open space.
B.
Procedure to determine density. The maximum number of lots permitted under the clustering concept shall be no greater than the maximum number of lots permitted with a conventional development of the site. A qualifying map shall be prepared which shall indicate the number of conventional lots which would be available by conventional subdivision.
C.
Evaluation criteria. In evaluating the layout of lots and open space, the following criteria will be considered by the Land Use Board as indicating design appropriate to the site's natural, historic and cultural features and meeting the purposes of this section. Diversity and originality in layout shall be encouraged to achieve the best possible relationship between development and conservation areas. Accordingly, the Land Use Board shall evaluate proposals to determine whether the proposed conceptual plan:
(1)
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).
(2)
Preserves and maintains mature woodlands, existing fields, pastures, meadows and orchards and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses.
(a)
If development must be located on open fields or pastures because of greater constraints in all other parts of the site, dwellings should be sited on the least prime agricultural soils or in locations at the far edge of a field as seen from existing public roads.
(b)
Other considerations include whether the development will be visually buffered from existing public roads, such as by a planting screen consisting of a variety of indigenous native trees, shrubs and wildflowers.
(3)
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.
(4)
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.
(5)
Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public roadways. This is to be accomplished through the following:
(a)
In open agrarian landscapes, a deep no-build, no-plant buffer is to be incorporated along the public roadway where those views or vistas are prominent or locally significant.
(b)
In wooded areas where the sense of enclosure is a feature that should be maintained, a deep no-build, no-cut buffer is to be established to preserve existing vegetation.
(c)
Visible building siting must avoid siting on prominent hilltops.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
Provides active recreational areas in suitable locations offering convenient access by residents and adequately screened from nearby house lots.
(11)
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.)
(12)
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.
D.
Design criteria. Each conceptual plan shall clearly demonstrate that the following design parameters have been incorporated into the subdivision design:
(1)
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.
(2)
Location of house sites. Potential house sites shall be tentatively identified which shall show how each site meets the evaluation criteria enumerated above.
(3)
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.
E.
In order to develop single-family detached dwellings with no common open land as a conventional development on a property with a lot area of 25 acres or more, the applicant must demonstrate to the Land Use Board's satisfaction that all of the following conditions are met, where applicable:
(1)
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.
(2)
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.
(3)
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.
(4)
An environmental impact statement and visual inventory of the site have been submitted.
(5)
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.
(6)
The tract in question can be developed in a manner consistent with community goals as expressed in the Harmony Township Master Plan.
F.
Area, lot and bulk regulations applicable to cluster development are specified in the Zoning Schedule, § 525-20.[2]
[2]
Editor's Note: Original § 165-45.1, Planned residential recreation development, of the 1990 Code, added 11-5-1991 by Ord. No. 0:91-8, which immediately followed this section, was repealed 3-5-1996 by Ord. No. 0:96-4.
[1]
Editor's Note: Original § 165-45, Residential cluster development, of the 1990 Code, as amended, was repealed 11-9-2000 by Ord. No. 0:00-5.
§ 525-49 Solar production systems.
[Added 2-15-2012 by Ord. No. 11-12; amended 10-8-2019 by Ord. No. 19-11; 2-7-2023 by Ord. No. 23-01]
Solar production systems shall conform to the following provisions:
A.
Purpose. The primary purpose of this section is to provide regulations for the construction and operation of commercial solar facilities in the Township, subject to reasonable restrictions, which will preserve the public health and safety.
B.
Objectives. The purpose and objectives of this section regulating solar energy systems are as follows:
(1)
Protect residential areas and land uses from the potential adverse quality-of-life impacts of solar production systems;
(2)
Encourage the location of solar production systems on disturbed areas, municipal property and nonresidential areas or along major transportation corridors;
(3)
Appropriately manage the total number of commercial solar systems throughout the community;
(4)
Encourage the location of commercial solar production systems in areas where the adverse quality-of-life impact is minimized;
(5)
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
(6)
Enhance the ability of the providers of commercial solar energy to provide such services to the community effectively and efficiently.
C.
Site plan submission and approval requirements. Any applicant proposing a solar production system as herein defined must obtain preliminary and final site plan approval in accordance with Chapter 376, Site Plan Review, in addition to satisfying the following requirements.
D.
Bulk zoning and use requirements.
(1)
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.
(2)
In no event shall a lot have more than 10% of the existing forested portion thereof cleared for ground-mounted solar production systems.
(3)
The minimum lot size must equal at least six acres per each megawatt (MW) of electrical energy produced.
(4)
No more than 80% of a lot may be devoted to a ground-mounted solar production system.
(5)
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.
(6)
Ground-mounted arrays shall not exceed a height of 15 feet.
(7)
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.
E.
Design standards. The site plan shall conform with the following design standards in addition to the requirements in Chapter 376, Site Plan Review, § 376-11, Design standards.
(1)
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.
(2)
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.
(3)
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.
(4)
Careful design shall be utilized when siting access roads in order to minimize lot coverage and the distance from public roads.
(5)
Facilities shall use semipervious materials for access roads such as gravel to minimize stormwater runoff.
(6)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(7)
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.
(8)
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.
(9)
Each fenced area shall be provided with a minimum of two access gates. Each gate shall have a minimum width of 12 feet.
(10)
Gravel access drives shall be provided within the fenced area around the perimeter of the facility and at a minimum spacing of 400 feet.
(11)
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.
(12)
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.
(13)
Access to the main shutoff shall be provided to the Fire Company.
(14)
The approval of the Fire Chief shall be obtained prior the facility being operated.
F.
Facility abandonment.
(1)
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.
(2)
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.
§ 525-50 Emergency warning signal device systems.
[Added 3-2-1993 by Ord. No. 0:93-3]
A.
Conditional uses in all zone districts. There shall be permitted as a conditional use in all zone districts in the Township of Harmony and upon prior approval thereof by the Land Use Board pursuant to N.J.S.A. 40:55D-67 emergency warning signal device systems (either individual units or chains or groups of units electronically interconnected), the purpose of which shall be to provide early notification and warning to 100% of the threatened population of an actual or imminent risk to the public health and safety on account of any natural or man-made disaster, event or risk.
B.
Specifications and standards.
(1)
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:
(a)
The proposed use shall benefit the general public by the protection of the public health and safety through early notification of actual or potential risks to the public health and safety.
(b)
The site chosen for the proposed use shall be appropriate for its intended use in order that the signal device on that particular site and/or those on other sites in the Township shall provide for 100% notification of the threatened population.
(c)
The signal device shall be installed on structures located outside of or at a greater elevation than the projected area of floodwater inundation.
(d)
Where practicable or feasible, the signal device shall be located in areas of highest ambient noise levels and shall be removed, to the greatest extent practicable, from nearby residences.
(e)
The signal device (and/or the system of signal devices) shall achieve a minimum audible warning signal strength throughout the threatened area of (75) dB ("A" scale).
(f)
The signal device shall be of such a design and construction and/or shall be so located so as to not expose any member of the public to a signal maximum sound level exceeding (123) dB ("A" scale).
(g)
The signal device shall be designed and constructed so as to be reasonably safe and secure from tampering, vandalism and risk to the public health and safety on account of exposure to energized electrical devices or the ability to climb the structure upon which the device is mounted.
(h)
Upon approval of the application and the granting of a conditional use permit therefor, the applicant shall engage in a program of public information, including notification to the Township emergency services providers, of the purpose, operating modes (signal characteristics) and testing schedule of the signal device.
(i)
The applicant shall cooperate with the Warren County Office of Emergency Management (OEM) and with the providers of the emergency services in the Township of Harmony in order that a written plan and specifications for use of the emergency warning devices, including an approved (by all agencies having jurisdiction thereof) evacuation procedures plan, may be established by the OEM.
(j)
The applicant shall demonstrate that the emergency warning device or system is characterized by such redundancy and protective measures which reasonably assure, in accordance with prevailing practices attending such systems, its ability to function when the need for the same arises.
(k)
The maximum overall height of the signal device, including its mounting system (tower, pole, etc.), shall not exceed 65 feet, unless it shall be clearly demonstrated to the Land Use Board that a greater height is reasonably necessary to enable the device to serve its intended purpose, in which event the Land Use Board may approve a greater height, but in no event a height in excess of 75 feet above the level of prevailing terrain.
(2)
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.
(3)
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.
§ 525-51 Lot size reduction.
[Added 3-5-1996 by Ord. No. 0:96-4]
A.
Lot size reduction. The Land Use Board, where permitted by §§ 525-9 through § 525-13, may approve a subdivision employing the use of lot size averaging, as defined in this chapter, when the reduction in the size of some lots and the corresponding increase in the size of other lots will result in a more logical development pattern, for reasons which may include site constraints such as wetlands and buffers, floodways, flood fringes and associated buffers, slopes greater than or equal to 15%, rock outcroppings, high seasonal groundwater and shallow depth to bedrock, septic effluent disposal limitations, limited groundwater yield or other physical features. The deed for any lot so created shall contain a restriction against its further subdivision for the purpose of creating an additional lot or lots, except when such further subdivisions would be allowed by amendment to this chapter.
B.
Criteria for minimum lot size reduction. The Land Use Board shall not approve any subdivision involving a reduction in the minimum lot size requirements unless said subdivision meets all of the following criteria and standards:
(1)
The minimum size of the tract shall be 25 acres.
(2)
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.
(3)
Each lot shall have a gross lot area of not less than 2/3 of the minimum required lot size required in the zone.
(4)
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:
(a)
Where the lot is served by water and sewer, the minimum constraint-free area shall be one-half-acre (21,780 square feet).
(b)
Where the lot is not to be served by water and sewer, the minimum constraint-free area shall be 3/4 of an acre (32,670 square feet).
(c)
Not less than 1/2 of the constraint-free land shall be outside the minimum required yards.
(d)
The constraint-free area shall be contiguous and shall be of such a shape that the length to the width shall not be in a ratio of greater than four to one (4:1).
(e)
The Land Use Board shall have the authority to allow, in certain specific instances, variations from the shape parameters and the requirement that the constraint-free area be contiguous, provided that the applicant can demonstrate that a dwelling can be constructed on the parcel having the following improvements in constraint-free areas:
[1]
A primary and reserve septic system.
[2]
A well meeting the one-hundred-foot minimum required isolation distance from the septic system.
[3]
Area for the dwelling with an area adjacent to the dwelling for recreation purposes.
[4]
Area adjacent to the dwelling for the maneuvering of automobiles.
[5]
In no case shall the constraint-free area be less than the minimum required herein.
[7]
Development in a lot-reduction subdivision shall be limited to single-family detached dwellings.
[8]
All lots exceeding the required minimum lot area for the zoning district shall be deed-restricted against further subdivision.
§ 525-52 Recycling establishments.
[Added 8-1-1995 by Ord. No. 0:95-7; amended 3-5-1996 by Ord. No. 0:96-4]
B.
The storage of any material out of doors shall be prohibited.
C.
All residue shall not be stored on the site for periods exceeding one month and shall be removed from the site in accordance with the currently effective solid waste flow rules.
D.
At no time shall any hazardous waste, as defined in current New Jersey Department of Environmental Protection regulations or laws of the state, be received, stored, processed or transferred at the recycling center.
E.
Only the amount of material which can be processed by the recycling establishment within a one-month period shall be stored on site. Storage of such material shall not exceed one month.
F.
The Land Use Board shall determine that the following specific performance standards shall be met:
(1)
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.
(2)
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.
(3)
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.
(4)
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]
[1]
Editor's Note: Former § 165-44, Inclusionary residential cluster development, added 10-4-1988 by Ord. No. 0:88-14 which immediately followed this section, was repealed 11-8-2001 by Ord. No. 01-7.
§ 525-53 Home occupations/professions.
A.
Where permitted as a conditional use, home occupations may be carried out within a dwelling or accessory building by members of the family residing therein, provided that the following shall apply:
(1)
Not more than two persons shall be employed on the premises.
(2)
No such use shall alter the character of the residential area in which it is located.
(3)
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.
(4)
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.
(5)
All parking and loading requirements shall be complied with for the particular use and shall be constructed within the minimum required setbacks.
(6)
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.
§ 525-54 Elder housing cottage opportunity (ECHO) units.
[Added 8-9-1994 by Ord. No. 0:94-7]
A.
Elder housing cottage opportunity (ECHO) units shall be permitted as a conditional use as accessory structures and uses in all residential zone districts, provided that the following shall apply:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
ECHO units may not be constructed or erected within planned unit or planned unit residential developments.
(10)
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.
(11)
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.
(12)
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.
§ 525-55 Windmills, wind generators, and wind energy conversion systems.
[Added 8-11-2003 by Ord. No. 03-5]
A.
Windmills, wind generators, and wind energy conversion systems shall be permitted as a conditional use in all nonresidential zone districts, providing the following shall apply:
(1)
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.
(2)
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.
(3)
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:
(a)
No such tower shall exceed an overall height of 35 feet unless the applicant can clearly demonstrate to the Land Use Board that a greater height is necessary due to conditions relating to the terrain, topography, or the tree canopy prevailing in the upwind direction, in which case the tower shall not exceed a height of 25 feet above the average height of the tree canopy located within 1,000 feet upwind from the proposed facility.
(b)
In the event that the applicant seeks to construct a facility exceeding the thirty-five-foot maximum height limitation, the applicant shall demonstrate to the Land Use Board that such additional height is necessary in that the applicant is unable to remove the trees causing the interference with air flow to the facility for reasons which include, but are not limited to, such trees not being on property owned or controlled by the applicant, the applicant has been unsuccessful, despite a diligent effort to do so, to secure a tree-removal easement from the adjoining property owner or the removal of such trees would result in greater visibility of the tower than would the increased height.
(c)
All such towers should be located at a distance equal to or greater than the height of the tower, including the highest point of any equipment located thereon and including the blades of the wind generator, plus 50 feet from any front, side or rear property line.
(d)
Wind generation towers shall be sited on the applicant's property in order to have the least visible and audible impacts on adjoining property owners, motorists traveling on adjoining and nearby roadways, and so as to minimize, to the greatest extent practicable, the long distance views of and visual impacts from such structure.
(e)
No such tower should be located within an established buffer or conservation easement area or within any dedicated open space upon any parcel of land subject to dedicated development restrictions.
(f)
No such tower shall be located within one-quarter mile (1,320 feet) from another existing tower, whether that existing tower be a radio, wireless telephone, cellular or other form of wireless communications tower or such existing tower be another wind generator structure.
(g)
No such tower shall be located within 600 feet from the following: an existing residence, a public park, a playground, a public building, a public or private school, a municipally owned building or facility, a library, a house of worship, or any land subject to development restrictions intended to preserve agricultural uses.
B.
Design standards.
(1)
Security. All towers shall be designed and constructed within anticlimbing devices in order to prevent unauthorized access thereto.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Lighting. No lighting shall be permitted on any such tower except for such lighting specifically required by the Federal Aviation Administration (FAA).
(7)
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.
(8)
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.
(9)
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.
C.
Applications/site plan submission and approval requirements. In addition to all applicable plat, documentation and other submittal requirements required of major site plans pursuant to the Harmony Township Site Plan Review Ordinance,[1] an applicant for approval of a windmill, wind generator or wind energy conversion system shall provide the following additional information:
(1)
A site plan prepared to scale showing the proposed location, type and height of the proposed monopole tower and any proposed support equipment shelters.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.