Harrison Township City Zoning Code
ARTICLE XVII
Regulations Applicable in All Districts
§ 225-132 Accessory uses.
A.
Customary accessory uses shall be permitted subject to the following conditions:
C.
Other accessory use controls. No commercial or industrial activities except customary home occupations and professional offices shall be permitted unless specifically stated in the applicable zoning district.[1]
[1]
Editor's Note: Original Section 502, Apartments, Townhouses and Multiplex Dwelling, and original Section 503, Cluster Development Controls, as amended 11-3-1980 by Ord. No. 8-1980, which immediately followed this section in the original ordinance, were repealed 7-18-1990 by Ord. No. 17-1990.
D.
Solar energy systems.
[Added 4-18-2011 by Ord. No. 14-2011; amended 9-19-2011 Ord. No. 44-2011]
(1)
Solar energy systems shall be accessory uses to the permitted principal and other accessory uses on a lot and shall not involve the production of power for off-premises consumption nor shall such a use constitute the principal use of any lot. This prohibition shall not be interpreted to preclude the occasional sale of excess power from a solar energy system back to the public electric utility provider. For systems intended for uses other than the ones stated, or for any commercial projects, site plan approval is required. [See Subsection D(6) below.]
(2)
A person who owns a preserved farmland may construct, install and operate solar energy systems on the preserved portion of the farm or on any portion excluded from preservation in accordance with § 225-133.1.
(3)
Either rooftop and building-mounted solar collectors or ground-mounted arrays and freestanding solar collectors are permitted to be installed, but not both.
(4)
Rooftop and building-mounted solar collectors are permitted in all zoning districts, subject to the following requirements:
(a)
Installation of rooftop and building-mounted solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Office prior to installation.
(b)
Solar panels shall not be installed so as to be located above the highest point of the roof surface or structure. In no event shall the placement of solar panels or any part of the solar energy system result in a total height greater than what is permitted in the zoning district in which they are located for the principal building.
(c)
No part of the solar panels or solar energy system shall extend beyond the edge of the roof.
(d)
All visible solar collector parts, including frames and support structures, shall be black in color.
[Amended 7-17-2017 by Ord. No. 21-2017]
(e)
A rooftop and building-mounted solar collection system shall be no larger than 1,200 square feet.
[Amended 9-8-2016 by Ord. No. 4-2016; 7-17-2017 by Ord. No. 21-2017]
(f)
Rooftop-mounted solar collectors shall not be located on facades that front or face on a public right-of-way, unless, upon review by the Township Planner and designated Township official, it can be certified that the design meets § 225-132D(4)(b), (c), (d), (e), (g), and (h) of this chapter.
[Added 9-8-2016 by Ord. No. 4-2016[2]; amended 7-17-2017 by Ord. No. 21-2017; 2-19-2019 by Ord. No. 4-2019]
[2]
Editor's Note: This ordinance also redesignated former Subsection D(4)(f) as Subsection D(4)(i).
(g)
Rooftop solar collectors shall be contiguously connected, installed and arranged in a manner to mimic the roof shape and design.
[Added 9-8-2016 by Ord. No. 4-2016; amended 7-17-2017 by Ord. No. 21-2017]
(h)
The location and arrangement of the rooftop solar collection system shall be subject to zoning approval.
[Added 9-8-2016 by Ord. No. 4-2016; amended 7-17-2017 by Ord. No. 21-2017]
(5)
Ground-mounted arrays and freestanding solar collectors are permitted as accessory structures in all zoning districts only if roof mounting is determined to be impractical by the property or homeowner, subject to the following requirements:
(a)
Installation of ground-mounted arrays and freestanding solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Office prior to installation.
(b)
Ground-mounted arrays and freestanding collectors shall be located on properties of one acre or greater.
(c)
The total surface area of all ground-mounted and freestanding solar collectors on the lot shall not exceed 800 square feet.
(d)
The location of the ground-mounted arrays and freestanding collectors shall be set back a distance of 50 feet from all property lines.
(e)
Ground-mounted arrays shall not be located between the principal building and the street and shall not be located in any minimum required side or rear yards. All ground-mounted solar energy systems shall be screened from view from adjacent properties and streets with a year-round vegetative screen and/or buildings. An appropriate species of natural buffering vegetative material that will block the view of the solar collectors from abutting residential zones or properties shall be provided.
[Amended 9-8-2016 by Ord. No. 4-2016]
(f)
Ground-mounted arrays shall not exceed 10 feet in height, when oriented at maximum tilt.
(g)
All visible solar collector parts, including frames and support structures, shall be black.
(h)
Ground-mounted arrays shall be excluded from the calculation of the lot (impervious) coverage if mounted on a lawn or a vegetated area.
(i)
Submission of a plot plan survey that shows the location of the proposed ground-mounted array and freestanding solar collectors. Submission of a licensed survey of the property showing one-foot contour lines shall be required.
[Amended 9-8-2016 by Ord. No. 4-2016]
(6)
Ground-mounted arrays and freestanding solar collectors are permitted to be installed on nonpreserved farmland that has a minimum ten-acre lot area and subject to the requirements found in this subsection. A site plan review and approval is required that shall address, and not be limited to, buffering, care and maintenance of all property associated with the installation, security, visual impacts, drainage, traffic to and from the site. Installations shall be subject to the following requirements:
(a)
The location of ground-mounted arrays and freestanding collectors shall be set back a distance of 100 feet from all property lines.
(b)
Ground mounted arrays shall not exceed 10 feet in height when oriented at maximum tilt.
(c)
A fifty-foot-wide densely planted perimeter landscaped buffer that includes a combination of evergreen trees and shrubs with a six-foot-tall black vinyl-coated chain-link fence. Plantings shall not be a lesser height than that of the solar array at time of plantings.
(d)
No more than 75% of the total lot area shall be utilized for a solar array installation.
(e)
All proposed ground-mounted equipment shall be screened from public view with a densely planted landscaped buffer.
(7)
Historic districts.
(a)
Ground-mounted arrays and freestanding collectors are permitted in historic districts, subject to the requirements found in this subsection and the following:
[1]
Solar panels on roof surfaces shall not be visible from a public way. However, solar shingles may be added to a roof surface visible from a public way if low or nonreflective shingles are used.
[2]
Set solar panels and solar devices back from the edge of a flat roof to minimize visibility. Panels and devices may be set at a pitch and elevated, if not visible from public streets.
[3]
Select solar panels, solar devices, mechanical equipment and mounting structures with nonreflective finishes, such as an anodized finish.
[4]
Paint mechanical equipment attached to the building fascia the same color as the fascia in order to blend into the building.
[5]
Locate detached arrays of solar panels and solar devices at a historic site in the rear or side yard if the arrays are not visible from the public streets and do not detract from other major character-defining aspects of the site. The location of detached solar arrays should also consider visibility from adjacent properties, which shall be reduced to the extent possible while still maintaining solar access.
[6]
Use solar devices in nonhistoric windows, walls, siding or shutters which do not face public streets.
[7]
For new structures within the Historic District, include building-integrated solar panels and other solar devices into the initial design.
[8]
Use solar panels and solar devices that are similar in color to roof materials.
(b)
The installation of solar arrays and collectors shall not be permitted if it results in the removal of historic roofing materials in order to add solar panels; disturbing the original roofline, dormers, chimneys or other original features to add solar panels, and alters the character-defining elements such as historic windows, walls, siding or shutters which face public streets or contribute to the character of the building.
(8)
Applications for a solar energy system shall include information demonstrating compliance with the provisions of this section.
(9)
To the extent reasonably possible, solar panels, regardless of whether they are roof-mounted or ground-mounted, shall be oriented and/or screened year round so that glare is directed away from adjoining properties and streets.
(10)
To the extent reasonably possible, solar energy systems shall be designed using such features as colors, materials, textures, screening and landscaping so as to blend into their settings and avoid visual blight.
(11)
Solar energy systems shall not be used for the display of advertising.
(12)
Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of solar collectors.
(13)
All solar collector installations must be performed by a qualified solar installer, and prior to operation the electrical connections must be inspected by the Construction Office or other appropriate electrical inspection agency as determined by the Township. In addition, any interconnection to the public utility grid must be inspected by the appropriate public utility.
(14)
When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New Jersey State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Gloucester County and other applicable laws and regulations.
(15)
Clearing of natural vegetation for the installation of a solar energy system shall be limited to that which is necessary for the construction, operation and maintenance of the system and as otherwise prescribed by applicable laws, regulations and ordinances.
(16)
The applications for a solar energy system shall conform to the provisions of § 174-14E, Tree removal and § 225-138G, Tree Protection/Compensatory Plantings. Any trees to be removed to accommodate the installation of a solar energy system shall be accompanied by a plan demonstrating the need to remove the trees. An applicant shall locate a solar energy system so that tree removal is not required to the extent practical.
(17)
Any ancillary buildings and any outside storage associated with a solar energy system must, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment (i.e., in an agricultural setting accessory buildings could be designed to look like barns). Appropriate landscaping and architecture shall be provided to screen accessory structures from roads and adjacent residences.
(18)
The solar energy systems shall remain painted or finished in the color black. Finishes shall be matte or nonreflective.
[Amended 2-6-2017 by Ord. No. 2-2017]
(19)
The application for a zoning permit shall include all of the following documents and information which the Zoning Officer may submit to the Planning Board for a courtesy review. The information must demonstrate compliance with the provisions of this section. In the event the Zoning Officer does not believe the provisions of this section will be satisfied, an applicant may request a variance.
(a)
A zoning permit shall be required for the installation of a solar energy system.
(b)
Structural engineering information and data for rooftop and ground-mounted arrays from a licensed New Jersey Engineer.
(c)
The zoning permit application shall be accompanied by a plot plan survey which includes the following:
[1]
Property lines and dimensions.
[2]
Location, dimension, and types of existing major structures on the property.
[3]
Location, dimension, and type of the proposed solar energy system.
[4]
Orientation of the solar energy system.
[5]
The right-of-way of any public road that is contiguous with the property.
[6]
Overhead utility lines and easements.
[7]
Proposed screening for ground-mounted systems and equipment.
[8]
Location and size of existing trees within and next to the area of the proposed ground-mounted system, as well as any tree proposed to be altered or removed.
(d)
Fee. The application for a zoning permit for a solar energy system must be accompanied by the zoning permit fee.
(20)
Any solar energy system that has generated no electricity for a period of 12 months shall be deemed to be abandoned and shall be decommissioned within six months of such abandonment and subject to the following requirements:
(a)
Decommissioning shall include the removal of the entire solar panel array and all associated facilities and equipment connected thereto from the premises and the cleaning and restoration of the area to a pre-installation condition.
(b)
If said decommissioning has not been completed within the requisite six month period, then the Township's Zoning Officer shall provide written notice by certified mail to the landowner requiring that decommissioning be completed within 30 days of the receipt of said notice.
(c)
If the decommissioning has not been completed within 30 days of the receipt of said notice, the Township may either undertake the decommissioning and charge the landowner and/or facility owner and operator for all of the costs and expenses thereof, including reasonable attorney's fees, or take appropriate legal action to compel the decommissioning. All costs incurred by the Township shall be billed to the landowner and, if not paid within 60 days of billing, shall become a lien against the property.
§ 225-133 Agricultural regulations.
[Amended 6-15-1992 by Ord. No. 10-1992; 12-30-1994 by Ord. No. 20-1994; 3-9-2009 by Ord. No. 06-2009]
A.
For the purposes of this chapter, agricultural uses shall be permitted in any zoning district, provided that the regulations of this section are met. Agricultural uses shall include the following:
(1)
The tilling of the soil, the raising of crops, fruits and vegetables, greenhouses and nurseries;
(2)
The storage, packing and marketing of fruits and vegetables produced on the premises;
(3)
The hatching and raising on a commercial scale of poultry, rabbits, and fish or seafood;
(4)
The raising and grazing of horses, cattle, sheep and goats, including supplementary feeding of such animals, provided that such raising or grazing is not a part of, nor conducted in conjunction with, a livestock slaughterhouse or animal by-products business;
(5)
The keeping and raising of hogs, provided that there shall be no feeding of any market or house refuse, garbage, or offal, other than that produced on the premises;
(6)
The slaughtering, dressing and marketing of poultry, cattle, sheep, hogs and rabbits incidental to the operation of a farm;
(7)
Dairy farming and dairy products;
(8)
Public and private stables, and riding academies;
(9)
Beekeeping; and
(10)
Dwellings used in conjunction with the agricultural use.
B.
Agricultural uses shall conform to the following regulations in addition to any other pertinent regulations in this chapter:
(1)
Raising of livestock and poultry on parcels of land less than six acres in area shall be limited to keeping and raising of two head of livestock or 50 fowl per clear acre. The land shall not be used for any other purpose under this subsection than the raising of livestock and poultry. The land shall be devoted to only the indicated number of livestock or fowl, including the shelter, if any, for such farm animals and shall not be used for any other purpose. Any residence on the same lands shall be on a minimum of one additional acre. Therefore, not less than a total of two acres shall be necessary to raise the livestock or fowl indicated herein with a residence on the same lands. All swines shall be specifically prohibited on parcels of land less than six acres in area.
(a)
"Livestock" for the purpose of the subsection shall be defined as cattle, horses, or other nondomesticated animals of similar size.
(b)
"Fowl" shall herein be defined for purposes of this subsection as chickens, turkeys, ducks, geese or any other such farm birds raised on the premises.
(c)
The prohibitions set forth in this subsection are not intended to include domesticated animals which shall be for purposes of this subsection defined as dogs, cats, or other pets which may be maintained both inside or outside.
(d)
"Clear acre" shall be defined as an acre of land exclusive of any residence.
(2)
Farm buildings shall not be constructed closer than 85 feet to a front property line nor closer than 100 feet to a side or rear property line, including temporary feed storage.
(3)
Farm dwellings shall conform to the area and yard requirements of the district regulations in which they are located.
(4)
No manure storage shall be established closer than 85 feet from a front property line nor closer than 10 feet from any other property line.
(5)
[1]The display and sale of farm products shall be permitted, provided that:
(a)
At least 50% of such products shall have been produced on the property on which they are offered for sale. It is permitted to sell processed farm products through a farm stand or farm market, such as, but not limited to, jellys, baked goods and cider.
(b)
Any signage for a farm stand shall comply with the Sign Ordinance.
(c)
A minimum of three off-street parking spaces shall be provided.
(d)
Sale of farm products shall be conducted from a temporary portable stand, dismantled at the end of the growing season, or from a permanent building under the following conditions:
[1]
Such buildings or structures shall be located at least 50 feet from the right-of-way line of the road;
[2]
Off-street parking spaces shall be provided at a ratio of one space for each 300 square feet of gross floor area of the farm stand or market, but shall in no circumstances be less than three parking spaces; and
[3]
The farm stand or market shall be closed for a period of 90 consecutive days out of each year or operation.
[1]
Editor's Note: Former Subsection B(5), regarding additional dwellings, was repealed 3-5-2012 by Ord. No. 25-2012. This ordinance also provided for the renumbering of former Subsection B(6) and (7) as Subsection B(5) and (6), respectively.
(6)
The operation of a vineyard and winery shall be permitted including uses and activities that support and are compatible with a vineyard and winery, such as, but not limited to, a winery tasting building, storage and processing building, art shows, outdoor concerts, banquets, seminars, wine tasting, catered events like wedding receptions and other similar events and activities. A vineyard and winery may be open for the entire year.[2]
[2]
Editor's Note: Original Section 505, Special regulations for gasoline service stations and/or car washes, which immediately followed this section in the original ordinance, was repealed 7-18-1990 by Ord. No. 20-1990.
§ 225-133.1 Solar energy on preserved farmland.
[Added 4-18-2011 by Ord. No. 17-2011]
A.
Notwithstanding any law, rule or regulation to the contrary, a person who owns preserved farmland may construct, install, and operate solar energy facilities, structures, and equipment on the farm, whether on the preserved portion of the farm or on any portion excluded from preservation, for the purpose of generating power or heat, and may make improvements to any agricultural, horticultural, residential, or other building or structure on the land for that purpose, provided that the solar energy or facilities, structures, and equipment:
(1)
Do not interfere significantly with the use of the land for agricultural or horticultural production, as determined by the State Agricultural Development Committee;
(2)
Are owned by the landowner, or will be owned by the landowner upon the conclusion of the term of an agreement with the installer of the solar energy generation facilities, structures, or equipment by which the landowner uses the income or credits realized from the solar energy generation to purchase the facilities, structures, or equipment;
(3)
Are used to provide power or heat to the farm, either directly or indirectly or to reduce, through net metering or similar programs and systems, energy costs on the farm; and
(4)
Are limited:
(a)
In annual energy generation capacity to the previous calendar year's energy demand plus 10%, in addition to what is allowed under Subsection B of this section; or alternatively, at the option of the landowner;
(b)
To occupying no more than 1% of the area of the entire farm including both the preserved portion and any portion excluded from preservation.
B.
The limit on the annual energy generation capacity established pursuant to § 225-133.1A(4)(a) shall not include energy generated from facilities, structures, or equipment existing on the roofs of buildings or other structures on the farm as of the date of enactment of N.J.S.A. 4:1C-32.4 et al.
C.
A landowner shall seek and obtain the approval of the State Agricultural Development Committee before constructing, installing, and operating solar or generation facilities, structures, and equipment on the farm as allowed pursuant to Subsection A of this section. The State Agricultural Development Committee shall provide the holder of any development easement on the farm with a copy of the application submitted for the purposes of Subsection A of this section, and the holder of the development easement shall have 30 days within which to provide comments to the State Agricultural Development Committee on the application. The State Agricultural Development Committee shall, within 90 days of receipt, approve, disapprove, or approve with conditions an application submitted for the purposes of Subsection A of this section. The decision of the State Agricultural Development Committee on the application shall be based solely upon the criteria listed in Subsection A of this section and comments received from the holder of the development easement.
D.
No fee shall be charged of the landowner for review of an application submitted to, or issuance of a decision by, the State Agricultural Development Committee pursuant to this section.
E.
The State Agriculture Development Committee may suspend or revoke an approval issued pursuant to this section for a violation of any term or condition of the approval or any provision of this section.
F.
The State Agricultural Development Committee, in consultation with the Department of Environmental Protection and the Department of Agriculture, shall adopt, pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., rules and regulations necessary for the implementation of this section, including provisions prescribing standards concerning impervious cover which may be permitted in connection with solar energy generation facilities, structures and equipment authorized to be constructed, installed, and operated on lands pursuant to this section.
G.
Land use for taxation purposes.
(1)
No land uses for solar energy generation shall be considered land in agricultural or horticultural use or actively devoted to agricultural or horticultural use for the purposes of the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1, except as provided in this section.
(2)
No generated energy from any source shall be considered an agricultural or horticultural product.
(3)
Land uses for solar energy generation may be eligible for valuation, assessment and taxation pursuant to N.J.S.A. 54:4-23.1 et seq., provided that:
(a)
The solar energy generation facilities, structures, and equipment were constructed, installed, and operated on property that is part of an operating farm continuing to be in operation as a farm in the tax year for which the valuation, assessment and taxation pursuant to N.J.S.A. 54:4-23.1 et seq. is applied for;
(b)
In the tax year preceding the construction, installation and operation of the solar energy generation facilities, structures, and equipment on an operating farm, the acreage used for the solar energy generation facilities, structures and equipment was valued, assessed and taxed as land in agricultural or horticultural use;
(c)
The power of heat generated by the solar energy generation facilities, structure and equipment is used to provide, either directly or indirectly but not necessarily exclusively, power or heat to the farm or agricultural or horticultural operations supporting the viability of the farm;
(d)
The owner of the property has filed a conservation plan with the soil conservation district, with provisions for compliance with Subsection G(3)(e) of this subsection where applicable, to account for the aesthetic, impervious coverage, and environmental impacts of the construction, installation, and operation of the solar energy generation facilities, structures, and equipment, including, but not necessarily limited to, water recapture and filtration, and the conservation plan has been approved by the district;
(e)
Where solar energy generation facilities, structure and equipment are installed, the property under the solar panels issued of the greatest extent practicable of the farming of shade crops or other plants capable of being grown under such conditions, or for pasture for grazing;
(f)
The amount of acreage devoted to the solar energy generation facilities, structures, and equipment does not exceed a ration of one to five acres, or portion thereof, of land devoted to energy generation facilities, structures and equipment and land devoted to agricultural or horticultural operations;
(g)
Solar energy generation facilities, structures, and equipment are constructed or installed on no more than 10 acres of the farmland for which the owner of the property is applying for valuation, assessment and taxation pursuant to N.J.S.A. 54:4-23.1 et seq.
(4)
No income from any power or that sold from the solar energy generation may be considered income for eligibility for valuation, assessment and taxation of land pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq., and notwithstanding the provisions of that act or any rule or regulation adopted pursuant thereto, to the contrary, there shall be no income requirement for property valued, assessed and taxed pursuant to Subsection b of this section.
§ 225-134 Floodplain control regulations.
A.
In addition to the applicable requirements of state and federal floodplain regulations, the following controls shall apply to all portions of the Township located in floodplains as defined herein: Intense storms occurring at less frequent intervals than twice a year produce such flow in the stream that the water overflows its banks and inundates adjacent land areas. The area of inundation is referred to as the floodplain. It can be assumed that once in 50 years a storm will occur which will produce enough flow to occupy a floodplain of a depth equal to the height of the stream bank exposed by the normal average flow in the stream. The adjacent topography determines the width of the floodplain required to accommodate such depth of floodwater. Based upon field observations, soil types, and topography, such a flood-prone area has been defined for the Township. It is generally in the form of a narrow band along the streams.
B.
The following uses are the only uses permitted in areas subject to floodway controls:
C.
Areas to be regulated under this section shall be indicated generally on a topographical map prepared by the Township Engineer indicating the fifty-year flood line as determined by the most recent surveyors of the United States Army Corps of Engineers maintained by the Planning Board and available to the Zoning Officer. If the proposed building site is located in such an area, then the Township Engineer must certify that said site is not subject to flooding upon evidence submitted by the applicant. These regulations shall apply in all cases where the applicant is unable to provide sufficient evidence to obtain a certification from the Township Engineer.
D.
Every application for a zoning permit shall state the use to be made of any area subject to floodplain controls.
§ 225-135 Height regulations; exemptions.
A.
Height regulations shall not apply to spires, belfries, cupolas, penthouses or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, silos, grain elevators, and necessary mechanical or ornamental appurtenances, which do not exceed 200 feet above ground level.
B.
Objects which exceed 200 feet in height will be allowed only by special exception. Applicants must show cause for requesting this special exception and satisfy the Zoning Officer that the object will be in keeping with a rural-residential or commercial neighborhood.
§ 225-136 Sewage treatment plants and facilities regulations.
A.
No such facility shall exceed 50 feet in height. No such facility shall be located within 100 feet of any residential use.
B.
Storage areas: All such facilities shall be located in a building which has direct access to a street or driveway. No such building shall be located within 50 feet of any street line.
C.
All uses shall be restricted to activities related to the primary use.
§ 225-137 Steep slope regulations.
[Amended 4-2-2007 by Ord. No. 12-2007]
A.
Purpose. The purpose of this section is to prevent the erection of dwellings in areas unsuitable for building sites; to minimize danger to public health by protecting watersheds; to discourage erosion of soils by maintaining adequate foliage cover on hills; and to promote the perpetuation of open space on hillsides. Slope areas may be located within the confines of any zoning district.
B.
Designation of areas.
(1)
The steep slope areas shall include all areas in the Township in which the slope is 20% or over, as indicated on the current topographic maps of the United States Geological Survey.
(2)
Areas subject to steep slope and stream area restrictions shall be indicated on a map maintained by the Planning Commission and available to the Zoning Officer, such map shall be Map 4 of the Environmental Resource Inventory.
(3)
Areas identified on a development application plan or identified in the field as having steep slopes.
C.
Uses permitted. The following uses are the only uses permitted in areas subject to steep slope and stream area controls:
(1)
Parks and outdoor recreation uses shall be permitted so long as their activities do not conflict with the use of land as a watershed.
(2)
Buildings may be constructed in accordance with the regulations of the applicable zoning district, except that the minimum lot area shall not be less than two acres, and provided that no portion of the building is constructed within 25 feet of an area where the grade exceeds 20%.
(3)
Tree farming, forestry and other agricultural uses, when conducted in conformance with conservation practices that ensure adequate protection against soil erosion.
(4)
Agriculture uses when conducted in conformance with conservation practices that ensure sufficient protection against soil erosion.
D.
Procedures.
(1)
Any person desiring to change or in any way modify an existing use of land in an area subject to these controls shall supply a statement to the Planning Board signifying his intentions that the intended use of the land will be a use permitted by these regulations.
(2)
If such change in use involves the construction of any building, the applicant shall, in addition, furnish the Zoning Officer with a statement prepared by a registered civil engineer or surveyor to the effect that the proposed building will not be erected on any land within 25 feet of an area where the percentage of grade exceeds 20%. No certificate of occupancy shall be granted until the Zoning Officer has inspected the building site and determined that the regulations imposed by this section have been observed.
E.
Exemption. Any property already fully developed with a residential structure as of the effective date of this section shall be exempt from its provisions.[1]
[1]
Editor's Note: Original Section 515, Conversion of dwelling, which immediately followed this section in the original ordinance, was repealed 6-15-1992 by Ord. No. 10-1992.
§ 225-138 Landscaping and buffering.
[Added 6-15-1992 by Ord. No. 10-1992; amended 3-7-2005 by Ord. No. 5-2005; 3-6-2006 by Ord. No. 4-2006; 5-1-2006 by Ord. No. 14-2006; 5-7-2007 by Ord. No. 18-2007; 9-17-2007 by Ord. No. 40-2007; 3-17-2008 by Ord. No. 07-2008; 6-1-2009 by Ord. No. 14-2009; 4-18-2011 by Ord. No. 05-2011; 3-5-2012 by Ord. No. 16-2012; 4-15-2024 by Ord. No. 08-2024; 12-16-2024 by Ord. No. 32-2024]
A.
Areas to be landscaped. All areas of a site not occupied by buildings and required improvements shall be landscaped by the planting of ground cover, shrubs and trees in appropriate quantities and locations.
B.
Installation. All plant materials shall be installed in accordance with promulgated guidelines of the American Nurserymen's Association as they may be amended or superseded. Planting materials shall be installed in accordance with an approved landscape plan when required as part of site plan or subdivision review. All plant material shall be guaranteed with an appropriate surety for a period of two years after final inspection.
C.
Landscape buffers along street lines. A landscaped buffer of not less than 25 feet in width shall be provided adjacent to any street line when otherwise required by this chapter.
(1)
Buffers may be comprised of earth berms, fences, and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from view of those traveling on public streets or sidewalks and those persons at grade or first floor level on adjoining property and to prevent the shining of automobile headlights into the yards of adjacent property or in such a manner as to create a hazard for those traveling on a public street or sidewalk.
(2)
In general this buffer shall provide a visual screen between parking areas in the immediate vicinity of a street and those traveling along the street or sidewalk with materials no less than four feet above the finished grade of the parking areas.
(3)
Shade trees shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area.
D.
Other landscape buffers. A landscaped buffer of not less than 25 feet in width shall be provided along any common property line with a nonresidential lot adjacent to a lot in a residential district, in addition to any required yard setback, unless otherwise modified by this chapter.
(1)
Buffers shall be comprised of earth berms, fences, and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from view of those at grade or first floor level on adjacent property and to prevent the shining of automobile headlights into the yards of adjacent property.
(2)
In general, this buffer shall provide a visual screen between the parking areas in the immediate vicinity of the residentially zoned property and an elevation no less than six feet above the finished grade of the parking areas.
(3)
Buffering design is to insure a year round high and low visual screen and consist of evergreen and deciduous trees and shrubs.
(4)
More than one species of evergreen and deciduous trees is to be provided to reduce the effects of potential tree disease.
(5)
Low bushes such as Hollies, Japanese Barberry (Berberis thunbergii), William Penn Barberry (Berberis gladwynensis 'William Penn'), Rutgers Firethorn (Pyracantha coccinea 'Rutgers'), Mohave Firethorn (Pyracantha coccinea 'Mohave') and other thorn-bearing bushes shall be utilized to prevent pedestrian traffic through the buffer area.
(6)
Shade trees shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area.
(7)
Landscaping buffers shall be designed to block 75% of all views from one side to the other five years after planting.
(8)
Additional buffering features are to be provided as may be found necessary by the Land Development Board having jurisdiction over the application.
(9)
Buffers must contain a meandering design.
E.
Landscaping in parking lots. Interior parking lot landscaping equal to or exceeding 10% of the gross square footage of the paved areas of the site used for drives and parking shall be provided.
(1)
Such landscaping shall be provided in areas of not less than 150 square feet.
(2)
Shrubbery shall be less than three feet in height and shade trees shall have foliage of seven feet or higher in order not to impede sight distances of motorists and pedestrians.
(3)
Landscaping in parking lots shall be so designed to avoid blocking required site lighting to the greatest extent possible.
F.
Planting size requirements. The following minimum plant sizes shall be required for any landscape material, measured in accordance with American Nurserymen's Association standards:
G.
(Reserved)
H.
Enforcement. The requirements of this section shall be enforced by the Township’s Zoning Officer, Construction Code Official, or other designated proper municipal official. Such Township official shall administer and inspect all sites which are subject to this section and/or in conjunction with the tree replacement requirement set forth in § 225-138I, entitled Violations and penalties.
I.
Violation and penalties. This section shall be enforced by the Police Department and/or other Municipal Officials of Harrison Township during the course of ordinary enforcement duties. Any person, developer and/or entity who violates any provision of this section shall, be subject to the following:
(1)
A fine not exceeding $1,250 per violation;
(2)
Shall replace each tree destroyed or removed in violation of this section in accordance with the tree replacement provision set forth in § 225-138G, Tree protection/compensatory plantings;
(3)
Each tree destroyed or removed in violation of this section shall be considered a separate offense; and
(4)
All replacement trees shall be of the same species as the tree(s) that was destroyed or removed, unless replaced with native species of equal value as approved by the authorized Township Official.
J.
Severability. Should any section, clause, sentence, phrase or provision of this section be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this section.
K.
Repealer. All prior ordinances or parts of ordinances inconsistent with this section be and the same are hereby repealed to the extent of such inconsistencies.