A.

The following standards shall be viewed as guidelines. Applicants are encouraged to follow these standards to the extent possible.

B.

Where applicable, the Residential Site Improvement Standards, as amended from time to time, shall apply.

C.

The design and layout of buildings and parking areas shall provide an aesthetically pleasing design and efficient arrangement compatible with the character of surrounding development. Particular attention shall be given to safety and fire protection and the impact on surrounding development and adjacent buildings and lands.

D.

Groups of related buildings shall be designed to present a harmonious appearance in terms of building silhouette, architectural style and scale; massing of building form; surface material, finish and texture; decorative features; window and doorway proportions, entry way placement and location, signage and landscaping.

E.

Buildings shall be designed so as to have attractive, finished appearances from all public spaces.

F.

Roof form. All roofs on one- and two-story principal buildings in residential districts should be pitched. Flat roofs shall not be permitted.

G.

All additions, alterations and accessory buildings should be compatible with the principal structure in design and materials.

H.

Appurtenances.

1.

In residential districts, window security grates shall be as inconspicuous and as complementary to the facade as possible, and are permitted only on first floor windows. In commercial districts, exterior store window security gates shall not be permitted. Interior gates may be permitted if they are behind the doorways or display cases, and are separated from storefront display windows by commercial displays or other screening. Aluminum or steel roll-down door and window protectors shall not be permitted in any district.

2.

Fire escapes shall be constructed only against the side or rear wall of a building and shall be located and/or screened so as not to detract from the appearance of such buildings.

3.

Rooftop equipment shall be screened by facade walls in a manner approved by the Board.

(Ord. 996 § 1 (part), 1998)

A.

All open space shall incorporate elements such as shrubbery, attractive paving materials, street furniture, lighting, low walls, fountains and other architectural and artistic amenities so as to produce and provide a pleasant environment at all levels and to complement the surrounding buildings. All open space shall be designed to invite and attract the public.

B.

Adequate lighting shall be provided to promote a sense of security in the open space.

C.

Open spaces shall be so located as to provide for maximum usability and to create a harmonious relationship between buildings.

(Ord. 996 § 1 (part), 1998)

Buffers may include fences, walls or landscaping to minimize any adverse impacts or nuisances such as the headlights of vehicles, noise, light from structures and the movement of people and vehicles on the site or from adjacent areas. Buffers may also be used to stop windborne debris from leaving the tract. Buffers shall be used, where appropriate, in the following areas:

1.

Along property lines shielding various uses from each other.

2.

Within or adjacent to parking areas, garbage collection areas and loading and unloading areas.

(Ord. 996 § 1 (part), 1998)

Fences or walls in excess of two feet in height shall be considered as accessory uses to a principal permitted use and are permitted in accordance with the standards set forth below:

A.

Fences or walls two (2) feet to four (4) feet in height shall be permitted in all yards.

B.

Fences or walls four (4) feet to six (6) feet in height shall be permitted only in the rear and side yards, up to and behind the front facade of the principal building.

C.

All fences shall be set back at least three (3) inches from the property line.

D.

General regulations for fences and walls.

1.

No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

2.

The face or finished side of a fence or wall shall face the adjacent property.

3.

No fence or wall shall be constructed with barbed wire, metal spikes or other such dangerous material or constructed in such manner as to be dangerous to animals or humans.

4.

Conspicuous chain link fencing without screening and/or landscaping shall not be encouraged.

5.

All fences and walls require both zoning and construction permits.

(Ord. 996 § 1 (part), 1998)

A.

All lots regardless of the type of use shall have a minimum of ten (10) percent of the lot landscaped. All lots having an existing front yard setback or required to maintain a front yard setback under Schedule I - Article IV of this Ordinance, shall provide not less than five (5) percent of such landscaping along the public right-of-way. All areas not occupied by buildings, parking areas, patios, walkways and/or any other impervious surface shall be suitably landscaped. No landscaping shall interfere with required sight triangles.

B.

All planting shall be with species with proven resistance to the urban environment in this area.

C.

Deciduous trees shall have at least a three (3) inch caliper at planting, and evergreens shall be at least four (4) feet tall. All trees shall be balled and burlapped and be of specimen quality as established by the American Association of Nurserymen.

D.

Any landscaping which, within two (2) years of planting, dies, for any reason, shall be replaced by the developer(s) at their expense.

(Ord. 996 § 1 (part), 1998)

The following design specifications for lighting shall be followed:

A.

The style of the light and light standard shall be consistent with the architectural style of the principal building.

B.

The maximum height of freestanding lights should not exceed the height of the principal building or twenty-five (25) feet, whichever is less.

C.

All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to seventy-five (75) degrees from vertical.

D.

Lights shall be appropriately shielded and directed so that the lighting, to the extent possible, shall not spill over onto adjacent properties.

E.

Freestanding lights shall be so located and protected to avoid being damaged by vehicles.

F.

The following intensity in footcandles shall be maintained:

1.

Parking lots: a minimum of one (1) footcandle throughout.

2.

Intersections between parking area driveways and public streets: a minimum of three (3) footcandles

3.

Maximum at property lines: one-half (0.5) footcandle.

4.

Sidewalks: a minimum of one (1) footcandle entire length.

G.

All wiring shall be laid underground, and the lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent residential area. Glare from bright electric light bulbs shall be eliminated through the use of diffusers or the equivalent.

(Ord. 996 § 1 (part), 1998)

A.

Sidewalks. Sidewalks shall be concrete, are required on all streets and shall have a minimum width of four (4) feet. Sidewalk areas shall be landscaped and durably paved and shall be properly illuminated with adequate lighting as per subsection 17-90.6 above.

B.

Traffic signs and control devices. These improvements, such as "Stop," "Yield" and "One-Way" signs, etc., shall be designed and installed in accordance with applicable federal, state, county and municipal regulations. Recommendation as to their installation may be made by the Police Department or other competent agency.

C.

Street trees.

1.

Street trees shall be required on all development applications. Trees shall be approximately forty (40) feet apart and located between the setback line and the street right-of-way line if possible (including the side street on corner lots) and not closer than twenty-five (25) feet from any existing or proposed streetlight or street intersection.

2.

The trees shall be planted so as not to interfere with utilities, roadways or sidewalks.

3.

Trees shall be nursery grown stock of not less than three (3) inches in caliper at breast height (dbh), with branches commencing not less than eight (8) feet above grade when planted and staked in an approved manner. Where there is adequate existing growth, the Town may waive this requirement. The following species are recommended:

Trees to be Planted in Street Lawns 2.5 to 4 Feet Wide:

Trees to be Planted in Street Lawns Less Than 30 Inches Wide:

D.

Street furniture. The site plan shall provide for those elements of street furniture made of the same or similar materials to ensure design continuity and be appropriate to the particular use. They may include phone booths, benches, bike racks, trash receptacles, bus shelters and landscaping planters. All trash receptacles shall be adequately secured, enclosed and screened on all sides by landscaping or other types of attractive materials.

E.

Obstructions and sight triangles.

1.

On a corner lot in any district, sight triangles shall be required in which no grading, planting or structure shall be erected or maintained more than three (3) feet above the street center line or lower than twelve (12) feet above the street center line. Traffic control devices, street name poles and utility poles shall be permitted in sight triangle areas.

2.

Sight triangles shall be provided and shown at all street intersections to assure full visibility of approaching traffic. The sight triangle shall be triangular with the street sides being at least the following lengths: along a county road, as required by the County Planning Board; along an existing municipal street crossing an intersection, fifty (50) feet; and along an existing street ending at an intersection, thirty (30) feet.

(Ord. 996 § 1 (part), 1998)

All essential public utilities and related facilities shall be located underground. In such event that they cannot be installed underground, facilities such as pumping stations or transformers shall be enclosed in buildings or effectively screened with an evergreen hedge and/or fencing as approved by the Board.

(Ord. 996 § 1 (part), 1998)

A.

There shall be included in any new multi-family housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located.

B.

The recycling area shall be conveniently located for the disposition of source-separated recyclable materials by residents of the multi-family housing development, preferably near, but clearly separated from, a refuse dumpster.

C.

The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

D.

Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

E.

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

F.

Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

(Ord. 996 § 1 (part), 1998)

A.

Parking.

1.

Shall be in accordance with RSIS, however, the board may factor in mass transit availability, shared opportunities and other considerations when determining requirements.

2.

No garages, parking or driveways shall be permitted in yard setbacks.

B.

Architectural.

1.

New buildings shall be oriented to the front and relate to public streets, both functionally and visually. The primary orientation of a building shall not be towards a parking lot.

2.

Multiple buildings on a single property shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and materials.

3.

Buildings shall be designed so as to prevent exterior elevations from containing large expanses of blank or featureless walls. Facades greater than one hundred (100) feet in length must incorporate recesses and projections along at least twenty (20) percent of the length of the facade. Windows, awnings, and balconies must total at least sixty (60) percent of the facade length abutting a public street.

4.

All mechanical equipment, such as meters and air conditioners shall be screened from public view, and all utility wires shall be installed underground.

5.

Common refuse areas are encouraged to be architecturally designed and may not be visible from public right-of-ways.

6.

Recyclable materials shall be stored inside until time of collection or in clearly designated areas integrated with outside waste disposal.

7.

Signage, lighting and landscaping shall be in accordance with Town regulations.

(Ord. 1094 § 3, 2004)

Development proposals shall be designed so as to maximize the preservation of on-street parking spaces. Methods employed to maximize the preservation of on-street parking shall include, but may not be limited to, optimum placement of driveway curb cuts.

(Ord. 1137 § 1, 2006)

A.

Where applicable, the Residential Site Improvement Standards, as amended from time to time, shall apply.

B.

Off-street parking and loading areas shall be coordinated with the public street system serving the area in order to avoid conflicts with through-traffic, obstruction to pedestrian walkways and vehicular thoroughfares. Shared parking among mixed-uses shall be encouraged.

C.

A minimum of ten (10) percent of any surface parking facility shall be landscaped and shall include one (1) shade tree for every twenty (20) parking spaces.

D.

All parking and loading areas abutting mixed-use/residential areas shall be landscaped about their periphery with shrubs, trees and/or ground cover.

E.

All parking and loading areas shall be graded and paved with bituminous concrete and shall be adequately drained.

F.

Parking garages. All parking garages shall be designed using materials that are compatible or complementary to the principal buildings on the lot, or, if there are no principal buildings on the lot, to adjacent buildings, so that they blend in architecturally. All voids in structures shall be screened, so that lights and vehicles are not individually visible. No blank walls shall front on the streetscape.

(Ord. 996 § 1 (part), 1998)

A.

Application. Except as noted below, there shall be provided, at the time any building or structure is erected, enlarged, or changed in use, off-street parking spaces and loading and unloading areas in accordance with the requirements set forth in this section.

B.

Standards for off-street parking areas.

1.

Dimension of parking spaces. Every such space provided shall measure at least nine (9) feet in width and eighteen (18) feet in length, exclusive of access drives and aisles. Hairpin striping shall be required. End-to-end parking spaces shall measure not less than eight (8) feet in width by twenty-three (23) feet in length. Twenty (20) percent of required parking spaces may be compact spaces measuring eight and one-half (8.5) feet in width by fifteen (15) feet in depth.

2.

Size of aisles. The width of all aisles providing direct access to individual parking spaces shall be in accordance with the requirements set forth below. Only one-way traffic shall be permitted in aisles serving parking spaces placed at an angle other than ninety (90) degrees.

4.

Access. There shall be adequate provisions for safe and convenient ingress and egress to all parking areas. Curb cuts for one way traffic shall not be less than twelve (12) feet nor more than fifteen (15) feet wide. Every parking area shall have direct access to a street or alley and shall conform with the following:

a)

Surface parking. Driveways shall have a minimum width of twelve (12) feet for one-way traffic and twenty-four (24) feet for two-way traffic.

b)

Parking garage. Minimum width for one-way traffic: ten (10) feet; minimum width for two-way traffic: twenty-two (22) feet.

5.

Sidewalks and curbing. Any parking area for a commercial use containing more than twenty (20) spaces, where possible, shall provide separate curbed pedestrian ways as provided for below. Such pedestrian ways shall take the form of sidewalks at least four (4) feet wide, raised six (6) inches above the parking area except where crossing streets or driveways, and curbed as a protection for pedestrians. Such sidewalks shall be installed wherever pedestrian traffic occurs. The design of parking areas and sidewalks must provide two (2) additional feet of sidewalk width where cars may overhang or extend over sidewalks and must provide for barrier free access.

6.

Calculation of required spaces.

a)

Minimum required off-street parking schedule for non-residential uses. The number of off-street parking spaces required for any non-residential use shall be determined by reference to Schedule V-l, below.

i)

Unscheduled uses. Off-street parking requirements for uses not listed in Schedule V-1 shall be established by the board, based upon accepted industry standards.

ii)

Combined uses. In the case of a combination of uses, the off-street parking requirement shall consist of the sum of the spaces required for each individual use unless it can be demonstrated that staggered hours would permit modification.

iii)

Fractional spaces. Whenever the application of Schedule V-1 standards results in the requirement of a major fraction of a space in excess of fifty (50) percent, a full space shall be required.

iv)

Credit for spaces in public facilities. Spaces in public parking facilities, where available, may be credited toward the off-street parking requirements of a new or expanded use under the following conditions:

a]

Such space or spaces are within one thousand (1,000) feet of the use.

b]

Evidence is furnished to the Board that adequate public parking is available.

v)

Non-residential uses other than (a) convenience stores, (b) places of group instruction, and (c) take-out restaurants shall be exempt from the obligation to provide the first six on-site parking spaces required under Schedule V-1 below provided that the following conditions are met:

a]

Such uses must be located within a building that was lawfully existing on December 31, 2006, or within a future replacement building having the same or lower floor area.

b]

There shall have been no enlargement, addition or expansion of such building since December 31, 2006.

c]

There shall have been no reduction or elimination of on-site parking serving such building since December 31, 2006.

d]

Such building shall be located on a lot in the NC zone having street frontage of twenty-five (25) feet or less.

e]

Such lot shall not be in common ownership with any adjoining lot to either side.

Schedule V-1

Parking Requirements For Non-Residential Uses

b)

Minimum required off-street parking schedule for residential uses. The number of off-street parking spaces required for residential uses shall be determined pursuant to N.J.A.C. 5:21, as amended, and by reference to Schedule V-2, below. Alternative parking standards to those shown in the Table below shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location and available off-site parking resources.

Schedule V-2 ^a

Parking Requirements For Residential Land Uses

Note:

^a  As amended from time to time.

;sup\sup; Requirements for attached units (apartment/condominium/townhouse) include provisions for guest parking.

i)

A one-car garage and driveway combination shall count as two (2) off-street parking spaces, provided the driveway measures a minimum of eighteen (18) feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as three and one-half (3.5) off-street parking spaces, provided a minimum parking area width of twenty (20) feet is provided for a minimum length of eighteen (18) feet as specified for a one-car garage and driveway combination.

ii)

When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted.

iii)

When, in the judgment of the board, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. A length of twenty-three (23) feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.

iv)

For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7), to be accessible, parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.

v)

Location of parking spaces. All permitted and required off-street parking spaces, open or enclosed, shall be located on the same lot as the use to which such spaces are accessory, except as provided in (c)(iv) above.

7.

Waiver of parking and off-street loading and unloading requirements. If any applicant can clearly demonstrate to the board or if the board determines that, because of the nature of the operation or use, the parking or loading or unloading requirements of this chapter are unnecessary or excessive, or that deviations from the requirements are de minimous, the board shall have the power to approve a site plan showing fewer paved parking and loading and unloading areas than are required by this chapter.

8.

Garages in residential zones. Garages for not more than three motor vehicles may be provided on a single lot in any residential zone for any one-, two- or three-family residence as an accessory use.

9.

Commercial vehicles in residential zones and parking of recreational equipment. As governed in Article IV of this chapter.

(Ord. 1155 § 2, 2006; Ord. 996 § 1 (part), 1998)

A.

Application. In any building or building group or part thereof hereafter erected and having a gross floor area of ten thousand (10,000) square feet or more of non-residential space, there shall be provided and maintained on the same zone lot with such building, off-street loading berths.

B.

Required off-street loading facilities.

1.

Dimension of loading berths. Required off-street loading berths shall be a minimum of sixty (60) feet long, ten (10) feet wide and fourteen (14) feet high.

2.

Location of loading berths. All loading areas shall be on the same lot as the use which is to be served. Such areas shall be located only in a side or rear yard. Such areas shall not encroach upon any required open space, accessway, off-street parking area or public right-of-way. Where located adjacent to any residential district, they shall be set back a minimum of five feet from such property line.

3.

Access. All required off-street loading areas shall provide sufficient turning spaces and access.

4.

Calculation of required spaces. The number of off-street loading berths required for any use shall be determined by application of the standards set forth in Schedule V-3.

Schedule V-3

Minimum Off-Street Loading Facility Requirements

(Ord. 996 § 1 (part), 1998)

Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with applicable provisions of this Chapter. The exemption shall apply to the requirement for sign permit only. No sign permits shall be required for the following signs:

A.

Any public notice or warning required by a valid and applicable federal, state, county or local law, regulation or ordinance.

B.

Any sign which is inside a building, not attached to a window or door, and is not readable from a distance of more than three (3) feet beyond the lot line of the lot or parcel nearest to where such sign is located.

C.

Holiday lights and decorations with no commercial message.

D.

Any sign indicating the name of a building and/or date of construction and/or other incidental information about its construction, which sign is cut into a masonry surface or made of bronze or similar permanent material including historic tablets, cornerstones, memorial plaques and emblems which do not exceed four (4) square feet in area from a single viewpoint.

E.

Traffic control signs on private property, the face of which meets the Department of Transportation standard, and which contain no commercial message of any sort.

F.

Flags of the United States, New Jersey, the Town of Harrison, foreign nations having diplomatic relations with the United States, other flags adopted or sanctioned by an elective legislative body of competent jurisdiction and flags flown in conjunction with the flag of the United States, provided that such a flag does not exceed sixty (60) square feet in area and is not flown from a pole in excess of forty (40) feet in height. A flag's area shall be in reasonable proportion to the length of the pole from which it is displayed. Not more than three (3) flags may be flown from any one (1) pole. The statutory requirements associated with flags and generally accepted standards of flag display etiquette shall be observed.

G.

Signs or banners advertising public or quasi-public events that are posted with the permission of the Town Council or of any person to whom the Town Council has delegated this authority according to guidelines set by the Town Council.

H.

Pump mounted fuel price informational signs subject to the following:

1.

Only one fuel price informational sign shall be permitted per fuel pump.

2.

Fuel price informational signs shall be limited in size to an area of 216 square inches in accordance with State and Federal regulations.

3.

Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary.

4.

Nothing herein shall be construed to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this section.

I.

U.S. Postal regulation mailboxes.

(Ord. 996 § 1 (part), 1998)

A.

No sign except those exempted by subsection 1. above shall be placed, constructed, erected or modified unless a sign permit shall have been obtained from the Zoning Officer and, where required by the New Jersey Uniform Construction Code, a building permit shall have been obtained from the Construction Official.

B.

When installation or modification of a sign has been approved by the Board as part of a development application, the Construction Official shall issue a sign permit only if the proposed sign is consistent with the Board's approval.

C.

Site plan approval. The Zoning Officer may waive the requirement for site plan approval only if he finds that the proposed signs meet the requirements of this section. If a request for waiver of site plan is denied by the Zoning Officer, the applicant may apply for waiver of site plan or for site plan approval from the Board having jurisdiction.

(Ord. 996 § 1 (part), 1998)

A.

Measurement of area of individual signs. The area of a sign face [which is also the sign area of a wall sign or other sign with only one (1) face] shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, graphic illustration, picture, symbol or other display, together with any material or color forming an integral part of the background of the sign and used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the sign itself. No sign shall have more than two (2) display faces. The sign area for a sign with two (2) faces shall be computed by adding together the area of all sign faces visible from any one (1) point. When a sign having two (2) faces is such that both faces cannot be viewed from any point at the same time, the sign area shall be computed by the measurement of the larger of the two (2) faces. For purposes of calculating window signs, a window shall be considered the glazed area. Signs which are required by county, state or federal agencies are exempt from calculation of permanent and temporary signage up to the minimum size required by such agencies. The area of the sign in excess of the minimum shall be subject to the sign calculation. In the event no size requirement is imposed by such agency, the sign shall not exceed one (1) square foot.

B.

Measurement of height. The height of a freestanding sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavation solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public road or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

(Ord. 996 § 1 (part), 1998)

A.

Signs shall be in harmony and consistent with the architecture of the building and relate to the features of the building in terms of location, scale, color, lettering, materials, texture and depth. Signs shall not be dominant but shall be proportionate and shall complement the building, existing signs and surroundings.

B.

There shall be consistent sign design throughout a particular project. The design elements include style of lettering, construction material, size and illumination.

C.

Building signs shall not obscure, conflict with or cover any architectural element and must be aligned with major building elements such as windows, trim and structure lines.

D.

No sign shall extend or project above the highest elevation of the wall to which it is attached or above the lowest part of the roofline of the building, whichever is less.

E.

Illuminated signs.

1.

Signs lit by external sources shall be allowed but shall be located in such a manner so as to avoid any glare on adjacent property. Sources of sign illumination shall be completely shielded from the view of vehicular traffic using the road or roads abutting the lot on which the sign is located.

2.

External lights used for the illumination of any sign on a building whether or not such light fixtures are attached to or separate from the building, shall not extend above the highest elevation of the front wall of the building or more than eighteen (18) feet above the street level of the premises, whichever is less.

(Ord. 996 § 1 (part), 1998)

A.

No off-site advertising sign shall be erected, used or maintained within the Town of Harrison; provided, however, that this regulation shall not apply to temporary signs, otherwise permitted by this Subsection, that advertise special events sponsored by nonprofit social, religious, political or cultural organizations or institutions, or lawful sandwich boards.

B.

No signs shall be placed on fences, utility poles, trees, railway or road bridges, bridge supports or abutments, retaining walls, or water towers unless approved by the Town Council.

C.

No roof sign, known also as a "sky sign," shall be allowed.

D.

No sign shall be placed on an accessory building.

E.

No sign shall be lighted by means of a flashing light, nor shall any sign be in whole or in part moving, mobile or revolving or electrically or mechanically activated.

F.

No sign shall be allowed with optical illusion of movement by means of a design which presents a pattern capable of reverse perspective, giving the illusion of motion or changing of copy.

G.

No commercial sign shall be allowed in a window which serves a residential use.

H.

The use and display of temporary portable signs or windsocks, banners or strings or streamers of flags, pennants or spinners or similar objects and devices across, upon, over or along any premises or building, whether as part of any sign or for advertising or public attraction, or otherwise, is prohibited in any zone, except for:

1.

Temporary displays in business or commercial zones as provided in this section.

2.

Temporary decorations customarily used for holidays, or for special events as may be approved by the Town Council.

I.

No signs shall be allowed that are placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. This is not intended, however, to prohibit signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer.

J.

No sign shall be allowed which obstructs any window or door opening used as a means of egress, interferes with an opening required for legal ventilation, or is attached to or obstructs any standpipe, fire escape or fire hydrant.

K.

No sign shall be allowed which obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare.

L.

No temporary signs shall be allowed except as detailed in subsection A.

(Ord. 996 § 1 (part), 1998)

A.

No nonconforming sign may be enlarged or altered in a way which would increase its nonconformity. Existing nonconforming permanent signs may continue to exist; however, when the sign is modified either in shape, size, illumination or structure, the sign shall be altered to conform to the provisions of this section.

B.

Should any nonconforming sign be damaged by any means to an extent of more than fifty (50) percent of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this section.

(Ord. 996 § 1 (part), 1998)

In the event a business ceases operation for a period of time in excess of sixty (60) days, the sign owner or lessee, or the property owner, shall immediately remove any sign identifying or advertising said business or any product sold thereby. Upon failure of the sign owner or lessee, or property owner to comply with this section, the Zoning Officer shall issue a written notice to the sign owner or any lessee and to the property owner, which notice shall state that such sign shall be removed within the following time period: signface: sixty (60) days; posts, columns and supporting structures: one year. If the sign owner or lessee, or property owner, fails to comply with such written notice to remove, the Zoning Officer is hereby authorized to cause removal of such sign, and any expenses incidental to such removal shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. For the purpose of this section, the word "remove" shall mean:

A.

The sign face, along with posts, columns or supports of freestanding signs, shall be taken down and removed from the property.

B.

The sign face and supporting structures of "projecting", "roof" or "wall" signs shall be taken down and removed from the property.

(Ord. 996 § 1 (part), 1998)

A.

All rights and privileges acquired under the provisions of this chapter or any amendment thereto, are revocable at any time by the Office of Code Enforcement if the applicant fails to accurately depict the sign erected or to be erected or if the sign which is erected fails to meet the details of the detailed drawing submitted by the applicant. All such permits shall contain this provision.

B.

The following signs and the standards and conditions that govern such signs are set forth below. All other signs are expressly prohibited.

(Ord. 1192 § 12, 2008; Ord. 996 § 1 (part), 1998)

A.

As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall certify compliance with the performance standards contained herein. Permits and certificates required by other government agencies shall be submitted to the Board as proof of compliance with applicable codes.

B.

Temporary certificates of occupancy.

1.

In the event that a determination cannot be made at the time of application that a proposed use, process or equipment will meet the standards established in this section, the Board may recommend issuance of a temporary certificate of occupancy. The temporary certificate of occupancy shall be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.

2.

Within sixty (60) days after a temporary certificate of occupancy is granted, satisfactory evidence shall be submitted to the Construction Official that all standards established by this section have been met. Upon such submission, a final certificate of occupancy shall be issued.

C.

Regulation of nuisance elements.

1.

The determination of the existence of nuisance elements shall be made to the following locations:

2.

Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.

D.

Standards to be enforced.

1.

Air pollution.

a)

General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Town. All provisions of Title 7, Chapter 27 of the New Jersey Administrative Code, (N.J.A.C.), or the regulations contained in this section, whichever shall be more stringent, shall apply.

b)

Smoke. In any non-residential zone, no smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provide, however, that smoke emitted during the cleaning of a firebox or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three (3) minutes in any fifteen (15) consecutive minutes. Smoke emissions from the combustion of fuel and mobile sources and from stationary internal combustion engines shall not exceed the limits set forth in N.J.A.C. 7:27.

c)

No open burning shall be permitted in any district.

d)

Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected.

2.

Wastes.

a)

Liquid wastes. No liquid waste shall be discharged into any watercourse in the Town without all necessary permits from the New Jersey Department of Environmental Protection (NJDEP). No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate Town official shall have first investigated the character and volume of such wastes and shall have certified that the Town will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said officials, including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition of approval of such facilities.

b)

Solid waste. Each property owner shall be responsible for:

i)

Adequate and regular collection and removal of all refuse, except where the Town assumes such responsibility.

ii)

Compliance with all applicable provisions of the NJDEP.

iii)

Compliance with all provisions of Title 7, Chapter 26, of the N.J.A.C., where applicable.

iv)

No accumulation on the property of any junk or other objectionable materials except in designated trash receptacles.

3.

Noise. All applications shall comply with the provisions of N.J.A.C. 7:29.

4.

Vibration. In any zone, vibrations discernible without instruments at the measuring location shall not be permitted.

5.

Glare. No single standard for glare is promulgated in this Chapter due to the impracticality of establishing such standards. It is the intent of these performance standards to ensure that both direct and indirect glare, to the extent possible, are eliminated or that activities producing such glare are carried on within a structure. Necessary glare-producing devices such as roadway and walkway lighting shall be designed, constructed and maintained in such a manner as not to be a nuisance to surrounding uses.

6.

Temperature change. Any use or process shall not produce a temperature change greater than three degrees Celsius (3° C.) at the measuring location.

7.

Fire and explosive hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Board may require the applicant to supply proof of:

a)

Approval of the use, structure, process or resulting product or material from the State Department of Labor indicating that adequate safeguards against fire and explosion have been taken or installed.

E.

Approval from the Town of Harrison Fire Department that the applicant has complied with all applicable Town fire prevention regulations.

(Ord. 996 § 1 (part), 1998)

A.

Town standards. All standards and specifications of the Town as now or hereafter adopted, if any, shall govern the design, construction and installation of all required improvements. Failure of the developer, his contractor or agent to conform to said specifications shall be just cause for the suspension of the work being performed. No developer shall have the right to demand or claim damages from the Town, its officers, agents or servants by reason of said suspension.

B.

Other standards. In the event that the Town has not adopted standards for a specific type of improvement, then generally accepted engineering standards, as set forth in current engineering and construction manuals as may be approved and modified by, the Town Engineer for a specific situation, shall be used.

C.

Grades. All construction stakes and grades shall be set by a licensed land surveyor. One (1) copy of all cut sheets shall be filed with the Town Engineer prior to the commencement of any construction.

D.

Approved plans. Prior to commencement of construction of required improvements, the Town Engineer shall have received and approved the complete plans and profiles of all improvements to be installed or constructed. No improvements shall be accepted by the governing body and no performance guaranties released until the Town Engineer has received and approved reproducible drawings showing the plans, grades and profiles of all improvements as finally constructed.

E.

Site conditions. During construction, the site shall be maintained and left each day in a safe, clean and orderly manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the developer upon an order by the Construction Official or other authorized personnel.

F.

Disposal of dead trees, litter, building materials. All stumps, litter, rubbish, brush, weeds, dead and dying trees, debris and excess or scrap building materials shall be removed or destroyed immediately upon the request of and to the satisfaction of the Construction Official prior to issuing an occupancy permit. No such refuse shall be buried on the site.

G.

Changes in elevation.

1.

No change shall be made in the elevation or contour of any lot or site by the removal of earth to another lot or site other than as shown on an approved preliminary plan.

2.

Minimal changes in elevation or contours necessitated by field conditions may be made only after approval by the Town Engineer. All said changes shall be shown on the final plan and indicated as a change from the preliminary, or if final approval has been granted, all changes shall be shown on the as-built plans.

H.

Excavations. No excavation shall be created or maintained, except when required for the foundations of structures or in connection with and during the installation of facilities for permitted uses. Such excavation shall be used for the intended purpose or shall be refilled to the average surrounding ground level, in such a manner as to prevent the collection of water, erosion of earth or collapse or sliding of banks, within six (6) months from the date of commencement of such excavation.

I.

Topsoil removal. No topsoil shall be removed from the site or used as fill unless approved by the Mayor and governing body. Topsoil moved during the course of construction shall be redistributed so as to provide at least four (4) inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.

J.

Prior to the commencement of construction, the developer shall arrange for and attend a pre-construction meeting in conformance with the requirements of the Town Engineer.

(Ord. 996 § 1 (part), 1998)

A.

General. Prior to the granting of final approval, the applicant shall have installed or constructed improvements required by the Board or have posted a performance guaranty or surety sufficient to cover the costs of said improvements. The Board may solicit local, county, state, federal, public or semipublic agencies and knowledgeable individuals on what improvements shall be required. Improvements recommended by other agencies, such as a utilities authority, county, state or other governmental agencies, may be required by the Board as a condition of final approval. It is recognized, however, that in certain situations all of the improvements listed below may not be appropriate or needed. These items may then be waived by the Board.

B.

Specific improvements to be constructed or installed.

1.

Stormwater. The on-site stormwater disposal system shall be in accordance with this Chapter.

2.

Sewage disposal. Provisions shall be made to convey effluent from each lot through laterals and interceptors of adequate size, material and capacity to collectors and then to trunk sewers to public treatment facilities.

3.

Water. Provision shall be made to provide each lot with an adequate and continuous supply of potable water.

4.

Utilities. Gas lines, telephone lines, electrical service, cable television an dissimilar utilities shall consist of those improvements required by the applicable utility or federal or state law.

5.

Vehicular and pedestrian improvements. Such improvements shall include paving, curbs, gutters, sidewalks, bicycle paths, driveways, lighting, traffic signs, traffic control devices and guardrails.

6.

Other improvements. These improvements shall include but are not limited to the following: street trees, topsoil, earth removal, borrow and fill and improvements to prevent damage to adjacent property.

7.

Monuments. Monuments shall be of such size, shape and location as required by the Map Filing Law. ^[1]

8.

Temporary improvements. During construction, the Town Engineer may require the installation or construction of improvements to prevent the installation or construction of improvements to prevent or correct temporary conditions on the site which could cause personal injury, damage to property or constitute a health hazard. These conditions may result from flooding, heavy construction traffic and pollution. Improvements may include grading, planting, retaining walls, culverts, pipes, guardrails, temporary roads and other appropriate to the specific conditions.

(Ord. 996 § 1 (part), 1998)