Harrison Township, NJ Zoning Ordinance

Harrison Township City Zoning Code

ARTICLE XXI

Conditional Uses

§ 225-151 Procedure for conditional use approval.

Application shall be made to the Planning Board before the issuance of any conditional use permit except as otherwise permitted in this article.

The applicant shall submit to the Board Secretary at least 21 days prior to a regularly scheduled Board meeting at which the applicant is seeking a determination of completeness the following items:

(1)

Twenty copies of the completed Township application form.

(2)

The required application fee and applicable escrow fee.

(3)

A certification from the Tax Collector's office that no taxes or assessments are due or delinquent on the subject property.

(4)

A certification of corporation or partnership interest pursuant to N.J.S.A. 40:55D-48.1, if applicable.

(5)

Any other documents as may be reasonably requested on the application form or by the Board that may be reasonably necessary in order for the Board to make an informed decision whether the requirements for approval of a conditional use permit have been met.

(6)

A complete site plan application pursuant to Chapters 174 and/or 176 of the Code of the Township of Harrison.

Site plan review required. All conditional uses shall be required to obtain site plan approval, unless the Planning Board shall grant a waiver pursuant to § 174-4C of Chapter 174, Site Plans, Major.

Conformance to standards. Conditional uses shall conform to the standards for approval in § 225-152 and any additional standards specified for the use in question in the applicable zoning district.

Burden of proof. The applicant for conditional use shall have the burden of proof in establishing that the criteria for so granting such use shall have been met. In all cases the applicant's burden of proof shall contain sufficient and credible evidence to fully support the assertions made by the applicant.

Time period for decision. The Planning Board shall render a decision within 95 days of the submission of a complete application for a conditional use.

(1)

The time period shall be concurrent with the review of the site plan application.

(2)

Failure to render a timely decision shall be deemed an approval, as required by N.J.S.A. 40:55D-67.

Conditions of approval.

(1)

The Planning Board may attach any reasonable conditions to its grant of a conditional use.

(2)

An approval may be conditioned upon receipt of a favorable recommendation from the County Planning Board or other agency with jurisdictional approval authority.

Effect of approval. In the granting of an approval for a conditional use, the applicant shall secure a building permit or, in the case where no permit is required, a certificate of occupancy, within one year from the date of approval; otherwise the conditional use shall be deemed null and void.

§ 225-152 Standards for approval.

The Planning Board is charged with the responsibility of reviewing applications for conditional use, and deciding on their merits. In deciding applications for conditional use, the Planning Board shall consider the following standards in addition to those which may be enumerated in the applicable section of the chapter.

(1)

That the use for which an application is being made is specifically permitted as a conditional use in the zoning district in which the subject site and use is located.

(2)

That the conditional use is compatible with the objectives and policies of the Harrison Township Master Plan including all appropriately adopted elements.

(3)

That the site is suitable for the conditional use by virtue of topography, impact on the natural environment, and compatibility with surrounding land uses.

(4)

That the design, arrangement, and nature of the conditional use is such that the public health, safety, and welfare will not be endangered, nor increase the danger of fire, or panic, or otherwise endanger the public.

(5)

That reasonable consideration has been given to the compatibility of:

(a)

The proposed use within the existing neighborhood or community;

(b)

The number of employees or users of the property;

(c)

The potential effect on adjacent property values;

(d)

The need for such a facility in the area served by the use; and

(e)

The adequacy of screens, buffers, or landscaping for the purpose of mitigating any adverse impact created by the use.

Traffic considerations. The conditional use shall not create a hazardous traffic condition by the inappropriate location of ingress or egress points or other transportation facilities and the traffic generated by the proposed use should not:

(1)

Cause a local residential street not now at a level of service of C or worse to reach that level of service, as defined by the generally accepted method of the Transportation Research Board.

(2)

Cause any other street not now at a level of service of D or worse to reach that level of service, as defined by the generally accepted method of the Transportation Research Board.

(3)

Create a hazardous traffic condition as determined by a professional transportation engineer or planner.

Environmental impact considerations.

(1)

All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices to protect against the hazards of fire and explosion. Adequate fire-suppression equipment shall be installed and maintained in an operable condition in accordance with the regulations of the Fire Marshal's office and the regulations of applicable local, state, and federal agencies.

(2)

No activity shall be permitted which results in an electrical disturbance adversely affecting the operation of any equipment beyond the building in which the disturbance is created.

(3)

There shall be no emission at any point from any chimney or otherwise which can cause any damage to human health, to animals or vegetation, or to other forms of property, or which will cause any excessive soiling at any point.

(4)

There shall be no emission at any point, from any chimney or otherwise, for longer than five minutes in any hour, of visible smoke of any color with a shade darker than No. 2 of the Standard Ringlemann Chart, except in an industrial district where a shade darker than No. 3 of the Standard Ringlemann Chart shall be permitted.

(5)

There shall be no discharge at any point, into any private or public sewerage system, or into any stream, or into the ground of any materials in such a way, or of such temperature, as to contaminate or otherwise cause the emission of hazardous materials except as regulated by applicable local, state, or federal agencies.

(6)

There shall be no vibration or noise level which is greater than the average noise level occurring on adjacent streets. The measurement shall be taken at the property line or, in the case of multiply industrial buildings on the same lot, 50 feet from the exterior wall of the building.

(7)

No direct or sky-reflected glare, whether from floodlights or from any high temperature process, shall be visible from adjoining public streets, or adjacent lots, or from adjacent buildings within an industrial park, when viewed by a person standing at ground level.

(8)

There shall be no emission of odorous gases or other matter in such quantities as to be offensive on adjoining public streets, on adjacent lots, or within adjacent buildings within an industrial park.

(9)

All operations and the storage of all goods and materials shall be conducted entirely within enclosed buildings.

The Board shall consider the effect that the grant of the conditional use would have on the logical extension of public utilities and streets.

Harrison Township City Zoning Code

ARTICLE XXI

Conditional Uses

§ 225-151 Procedure for conditional use approval.

Application shall be made to the Planning Board before the issuance of any conditional use permit except as otherwise permitted in this article.

The applicant shall submit to the Board Secretary at least 21 days prior to a regularly scheduled Board meeting at which the applicant is seeking a determination of completeness the following items:

(1)

Twenty copies of the completed Township application form.

(2)

The required application fee and applicable escrow fee.

(3)

A certification from the Tax Collector's office that no taxes or assessments are due or delinquent on the subject property.

(4)

A certification of corporation or partnership interest pursuant to N.J.S.A. 40:55D-48.1, if applicable.

(5)

(6)

A complete site plan application pursuant to Chapters 174 and/or 176 of the Code of the Township of Harrison.

Site plan review required. All conditional uses shall be required to obtain site plan approval, unless the Planning Board shall grant a waiver pursuant to § 174-4C of Chapter 174, Site Plans, Major.

Conformance to standards. Conditional uses shall conform to the standards for approval in § 225-152 and any additional standards specified for the use in question in the applicable zoning district.

Time period for decision. The Planning Board shall render a decision within 95 days of the submission of a complete application for a conditional use.

(1)

The time period shall be concurrent with the review of the site plan application.

(2)

Failure to render a timely decision shall be deemed an approval, as required by N.J.S.A. 40:55D-67.

Conditions of approval.

(1)

The Planning Board may attach any reasonable conditions to its grant of a conditional use.

(2)

An approval may be conditioned upon receipt of a favorable recommendation from the County Planning Board or other agency with jurisdictional approval authority.

§ 225-152 Standards for approval.

(1)

That the use for which an application is being made is specifically permitted as a conditional use in the zoning district in which the subject site and use is located.

(2)

That the conditional use is compatible with the objectives and policies of the Harrison Township Master Plan including all appropriately adopted elements.

(3)

That the site is suitable for the conditional use by virtue of topography, impact on the natural environment, and compatibility with surrounding land uses.

(4)

(5)

That reasonable consideration has been given to the compatibility of:

(a)

The proposed use within the existing neighborhood or community;

(b)

The number of employees or users of the property;

(c)

The potential effect on adjacent property values;

(d)

The need for such a facility in the area served by the use; and

(e)

The adequacy of screens, buffers, or landscaping for the purpose of mitigating any adverse impact created by the use.

(1)

Cause a local residential street not now at a level of service of C or worse to reach that level of service, as defined by the generally accepted method of the Transportation Research Board.

(2)

Cause any other street not now at a level of service of D or worse to reach that level of service, as defined by the generally accepted method of the Transportation Research Board.

(3)

Create a hazardous traffic condition as determined by a professional transportation engineer or planner.

Environmental impact considerations.

(1)

(2)

No activity shall be permitted which results in an electrical disturbance adversely affecting the operation of any equipment beyond the building in which the disturbance is created.

All operations and the storage of all goods and materials shall be conducted entirely within enclosed buildings.

The Board shall consider the effect that the grant of the conditional use would have on the logical extension of public utilities and streets.

Harrison Township City Zoning Code

ARTICLE XXI

Conditional Uses

§ 225-151 Procedure for conditional use approval.

Application shall be made to the Planning Board before the issuance of any conditional use permit except as otherwise permitted in this article.

The applicant shall submit to the Board Secretary at least 21 days prior to a regularly scheduled Board meeting at which the applicant is seeking a determination of completeness the following items:

(1)

Twenty copies of the completed Township application form.

(2)

The required application fee and applicable escrow fee.

(3)

A certification from the Tax Collector's office that no taxes or assessments are due or delinquent on the subject property.

(4)

A certification of corporation or partnership interest pursuant to N.J.S.A. 40:55D-48.1, if applicable.

(5)

(6)

A complete site plan application pursuant to Chapters 174 and/or 176 of the Code of the Township of Harrison.

Site plan review required. All conditional uses shall be required to obtain site plan approval, unless the Planning Board shall grant a waiver pursuant to § 174-4C of Chapter 174, Site Plans, Major.

Conformance to standards. Conditional uses shall conform to the standards for approval in § 225-152 and any additional standards specified for the use in question in the applicable zoning district.

Time period for decision. The Planning Board shall render a decision within 95 days of the submission of a complete application for a conditional use.

(1)

The time period shall be concurrent with the review of the site plan application.

(2)

Failure to render a timely decision shall be deemed an approval, as required by N.J.S.A. 40:55D-67.

Conditions of approval.

(1)

The Planning Board may attach any reasonable conditions to its grant of a conditional use.

(2)

An approval may be conditioned upon receipt of a favorable recommendation from the County Planning Board or other agency with jurisdictional approval authority.

§ 225-152 Standards for approval.

(1)

That the use for which an application is being made is specifically permitted as a conditional use in the zoning district in which the subject site and use is located.

(2)

That the conditional use is compatible with the objectives and policies of the Harrison Township Master Plan including all appropriately adopted elements.

(3)

That the site is suitable for the conditional use by virtue of topography, impact on the natural environment, and compatibility with surrounding land uses.

(4)

(5)

That reasonable consideration has been given to the compatibility of:

(a)

The proposed use within the existing neighborhood or community;

(b)

The number of employees or users of the property;

(c)

The potential effect on adjacent property values;

(d)

The need for such a facility in the area served by the use; and

(e)

The adequacy of screens, buffers, or landscaping for the purpose of mitigating any adverse impact created by the use.

(1)

Cause a local residential street not now at a level of service of C or worse to reach that level of service, as defined by the generally accepted method of the Transportation Research Board.

(2)

Cause any other street not now at a level of service of D or worse to reach that level of service, as defined by the generally accepted method of the Transportation Research Board.

(3)

Create a hazardous traffic condition as determined by a professional transportation engineer or planner.

Environmental impact considerations.

(1)

(2)

No activity shall be permitted which results in an electrical disturbance adversely affecting the operation of any equipment beyond the building in which the disturbance is created.

All operations and the storage of all goods and materials shall be conducted entirely within enclosed buildings.

The Board shall consider the effect that the grant of the conditional use would have on the logical extension of public utilities and streets.