South Harrison Township
City Zoning Code
City Zoning Code
ARTICLE XXVI
Supplemental Regulations
§ 90-5.23 Accessory structures and uses.
A.
Accessory building as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
B.
Accessory buildings not to be constructed prior to principal building. No construction permit shall be issued for the construction of an accessory building prior to the issuance of a construction permit for the construction of the main building upon the same premises.
C.
Height of accessory buildings. The maximum height of accessory buildings shall be as prescribed for principal structures in Article XXV.
D.
Location. The following provisions shall govern the location of accessory uses:
(1)
Accessory uses shall be permitted only on the same lot and within the same zoning district, unless otherwise indicated, with the principal building to which they are accessory except for parking as required in Part 3, Site Plan, and retention\detention basins as noted in Part 4, Provisions Applicable to Site Plans and Subdivisions.
(2)
All accessory uses shall be such as do not alter the character of the premises on which they are located or impair the neighborhood. Such accessory uses shall not be located in any front, side or rear yard area, unless otherwise permitted in this Part 5. Access to off-street parking and loading areas may cross front yard areas or the yard area abutting a principal street from which site access is to be provided.
E.
Bulk area regulations. No distinction is made in the dimensional limitations between principal and other buildings or structures referred to as accessory, except as permitted in this Part 5. All such accessory buildings, or structures or uses shall be governed by the bulk and area regulations of the district within which they are located.
F.
Farm and agricultural uses. In the districts where farm and agricultural uses are permitted the following additional provisions governing their use shall apply:
(1)
Such uses must be conducted upon a lot not less than five acres in area.
(2)
If the property in question is not qualified for farmland assessment, no building or structure used for shelter or enclosure of fowl, game, horses or farm livestock shall be closer than 300 feet to any residential building located on any abutting or adjacent properties.
[Amended 12-10-2003 by Ord. No. 0-03-10]
(3)
Buildings used for the shelter of fowl of any kind shall have a maximum usable floor area of 2,000 square feet for the first 10 acres and 5,000 additional square feet for each additional acre.
(4)
Large animals are not permitted in the NC District. One large animal for the personal use of the occupants of a residence may be maintained on a lot, provided that the lot is at least one acre in size excluding the building lot area requirements for a residential dwelling. Each additional large animal must have an additional 1/2 acre, up to 100 acres. For over nine large animals, the use must meet the land area requirement for a defined farm use.
[Amended 12-10-2003 by Ord. No. 0-03-10]
(5)
The display for sale of products grown or raised by the owner, tenant or lessee on a roadside stand shall only be permitted where:
(a)
The sale of such products is within the confines of the property upon which they have been grown or raised, except on an active farm.
(b)
The place of sale or storage of such products, whether of a permanent or temporary nature, shall not be closer than 100 feet to any side lot line.
(c)
The sale of any such products shall not have a deleterious effect on adjoining properties by reason of nuisance or health hazard.
G.
Swimming pools, tennis courts and similar personal recreational facilities in residential zones. Except for portable swimming pools less than three feet in height and less than 10 feet in length or diameter, the following regulations shall apply to permanent and portable swimming pools, tennis courts and similar recreational facilities accessory to a residential use:
(1)
Said use shall comply with the minimum setback and yard requirements for principal structures.
(2)
Said use shall be appropriately screened and fenced so as not to adversely affect adjoining properties.
(3)
Said use shall meet all applicable codes and ordinances of the Township of South Harrison and any regulations of a county or state agency.
(4)
A pool or water surface shall not be counted as part of a lot's maximum improvement coverage requirements.
H.
Storage sheds in residential districts. Such storage facilities on the same lot as the principal structure may be located within 10 feet of the required side and rear yards but shall conform to front yard setback requirements for principal structures. Storage sheds on corner lots shall not be located closer to the side street property line than the required setback line for a front yard in the zoning district within which the lot is located.
I.
Fences.
[Added 12-12-2007 by Ord. No. 0-07-25; 7-9-2008 by Ord. No. 0-08-12]
(1)
No fence or wall within 50 feet of a public right-of-way or within the front yard of a residential dwelling shall exceed four feet in height.
(2)
Fences on commercial properties may not exceed eight feet in height.
(3)
Where fences are visible to the general public, they shall be designed to be architecturally compatible with the surrounding area and to enhance the visual environment.
§ 90-5.24 Landscape transition buffers and rural vistas.
[Amended 12-12-2007 by Ord. No. 0-07-25; 7-9-2008 by Ord. No. 0-08-12]
A.
Landscape transition buffers between incompatible uses. A landscape transition buffer a minimum of 50 feet in width shall be provided and maintained by the owner between any nonresidential use and any contiguous residentially zoned lands or lots where the principal use is residential.
(1)
The buffer landscaping must be designed consistent with the requirements of § 90-4.18N and be designed to compliment any existing trees or vegetation.
(2)
The buffer shall include a planting strip a minimum of 25 feet in width and may incorporate a fence.
(3)
Where a nonresidential development takes place adjacent to an occupied residential dwelling within a nonresidential zone, the buffer may be reduced to 25 feet in anticipation of future conversion to a commercial use, however the area must be heavily landscaped.
(4)
Where an existing structure in a neighborhood commercial district is being converted from a residence to a commercial or office use, the buffer shall be 15 feet, and a six-foot-high fence may be required to shield parking areas.
B.
Scenic rural corridors. Scenic rural corridors are established along all state and county roadways within the Township as well as along the following local roads: Cedar Grove Road, Lincoln Road, Lincoln Mill Road, Marl Road, Porches Mill Road and Vestry Road. The purpose of the scenic rural corridors is to preserve natural features and the visual character of the Township to the greatest extent possible and to prevent visual pollution and driver distraction caused by unplanned and uncoordinated development.
(1)
Except as provided for in this section, no permit shall be issued for development within the scenic rural corridor for development other than farm markets and other ancillary commercial agricultural uses unless the applicant demonstrates that buildings are set back at least 200 feet from the centerline of the scenic rural corridor in addition to the required front yard setback.
(2)
Within the scenic rural corridor setback, a minimum of 70% of the linear distance along the corridor shall be screened and designed to incorporate existing healthy trees and vegetation where they exist. Where existing vegetation is insufficient, the area shall be designed with berms, trees and landscaping to create a varied year-round buffer. Where berms are used, they must be sufficiently wide to support the vegetation planted upon them. Berms and landscaping are in addition to street trees. Native vegetation is preferred.
(3)
Where the front facade of a structure faces the scenic rural corridor and the lot is an existing lot (not part of a major subdivision), the front yard setback may be included in the scenic rural corridor. Where the rear or side facade of a structure faces the scenic rural corridor or where the lot is part of a major subdivision, the required yards shall be in addition to the scenic rural corridor.
(4)
Existing structures as of the date of adoption of this section may continue to exist and improvements may be permitted as long as the addition/improvements do not further encroach upon the scenic rural corridor.
(5)
Where the scenic rural corridor is part of a major subdivision, the lands within the corridor may be maintained by a homeowners association or, in the event that no homeowners association exists, the scenic rural corridor may be part of individual lots, but it must be deed restricted to prevent future development or significant alteration.
(6)
If compliance with the 200 foot setback is constrained by environmental or other physical considerations, such as wetlands, active agricultural operations, or existing lot size, the building shall be setback as close to 200 feet as practical and the site shall be landscaped in accordance with the provisions of § 90-4.18N as to provide screening from the corridor. A variance will be required.
§ 90-5.25 Landscaping.
A.
Landscaping in nonresidential districts. Other provisions of this Part 5 notwithstanding, in any nonresidential district, the entire lot, except for areas covered by buildings or surfaced as parking, recreation or service areas, shall be seeded, sodded or planted with ground cover and suitably landscaped in accordance with an overall landscape plan consistent with natural surroundings. All landscaping shall be properly maintained throughout the life of any use on said lot. Existing trees or landscaping located within 20 feet of any street line, lot or zoning district line shall not be removed except upon written approval from the Planning/Zoning Board, nor shall the existing grade within that space be disturbed without such approval.
B.
Landscaping requirements where parking is in front yard areas.
(1)
So as to obstruct from view, at the street line, any parking area in the front yard, the front yard area not containing parking shall contain a landscape strip, or screen. Landscaped earth berms may also be used in front yard areas where there is sufficient area to allow for their construction and long-term maintenance. Such landscaping shall be subject to the approval of the Planning/Zoning Board and shall be maintained throughout the effective period of any certificate of occupancy on a lot.
C.
Natural landscape area along watercourses. No building or parking area shall be located within 200 feet from the center line of any stream, or within a flood hazard area. Such area shall be deemed to be part of any landscape area or landscape transition buffer when required.
D.
Screening of outdoor storage. Any article or material stored outside an enclosed building as an incidental part of the primary operation on a lot shall be so screened by fencing, walls or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level.
§ 90-5.26 Exceptions and supplemental requirements to bulk and area regulations for all districts.
A.
Corner lots.
(1)
Obstruction to vision at street intersections. At all street intersections in all districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the sight triangle as required by Part 2, Subdivision. This requirement shall apply to existing as well as proposed street intersections.
(2)
Yards. See definition of "lot, corner" when applying yard requirements to corner lots.
[Amended 11-17-1999 by Ord. No. 0-99-04]
B.
Through lots. On a through lot, front yards are required on all street lines.
C.
Lot frontage/width. When a lot adjoins a cul-de-sac or is on a curved alignment with an outside radius of less than 500 feet, such frontage may be reduced to not less than 1/2 the required lot width, and the minimum lot width at the setback line may be reduced to not less than 75% of the required lot width.
D.
Lot depth. For any individual lot, the required lot depth at any point may be decreased by 25% if the average lot depth of the individual lot conforms with the minimum requirement.
E.
Measurement of setbacks. Where a building lot has frontage upon a street or streets, in the case of a corner lot, which on the Master Plan or Official Map of South Harrison Township is contemplated for right-of-way widening, the required setback distance shall be measured from such proposed right-of-way line.
F.
Height exceptions. The height limitations of this Part 5 shall not apply to church spires, belfries, cupolas and domes not used for human occupancy; nor to chimneys or radio and television antennae less than 55 feet above average grade which grade shall be substantially unchanged from the natural grade at the time of a construction permit application. Mechanical equipment, such as penthouse elevators, condensers, exhaust fans, air conditioners and similar equipment, stair enclosures and skylights or atrium structures, may exceed the maximum permitted height in the district by up to 10 feet, provided that such structures in the aggregate do not exceed 10% of the roof area on which they are located and are properly shielded or screened. Except for walls of elevators and stair enclosures when required by the plan of the building, all such screened mechanical equipment structures may be either 10 feet from the perimeter walls of a building or integral with the front facade of the building if designed as an architectural extension of the facade and containing similar building materials.
G.
Number of buildings restricted. There shall be not more than one principal structure on each lot in any district in which residences are a permitted use. In commercial or industrial zones, applicants seeking to develop more than one principal structure on each lot shall comply with the provisions of Part 3, Site Plan, and submit for Planning/Zoning Board approval a site plan showing existing, proposed and all future developments on the site.
§ 90-5.27 Off-street parking and loading requirements.
§ 90-5.28 Mandatory development fees.
[Added 5-16-2005 by Ord. No. 0-05-06; amended 10-15-2008 by Ord. No. 0-08-25; 12-10-2008 by Ord. No. 0-08-32; 12-29-2008 by Ord. No. 0-08-34]
A.
Purpose.
(1)
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
(2)
Pursuant to P.L.2008, c. 46 section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act[1] (N.J.S.A. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.
[1]
Editor's Note: Pursuant to the New Jersey Economic Stimulus Act of 2009, the Non-Residential Development Fee Act, which was signed into law on 7-17-2008, was suspended. For applicable development fees, consult the Township offices.
(3)
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c.46, Sections 8 and 32 through 38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
B.
Basic requirements.
C. AFFORDABLE HOUSING DEVELOPMENT COAH or THE COUNCIL DEVELOPER DEVELOPMENT FEE EQUALIZED ASSESSED VALUE GREEN BUILDING STRATEGIES MIXED USE DEVELOPMENT(1) (2) NONRESIDENTIAL DEVELOPMENT(1) (2) (3) NONRESIDENTIAL DEVELOPMENT FEE RELATING TO THE PROVISION OF HOUSING SPENDING PLAN
Definitions. The following terms, as used in this section, shall have the following meanings:
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable development.
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
The assessed value of a property divided by the current average ratio of assessed-to-true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
Any development which includes both a nonresidential development component and a residential development component, and shall include developments for which:
There is a common developer for both the residential development component and the nonresidential development component, provided that, for purposes of this definition, multiple persons and entities may be considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or nonresidential development, or both, or otherwise to contribute resources to the development; and
The residential and nonresidential developments are located on the same lot or adjoining lots, including but not limited to lots separated by a street, a river, or another geographical feature.
Any building or structure, or portion thereof, including but not limited to any appurtenant improvements, which is designated to a use group other than a residential use group according to the State Uniform Construction Code promulgated to effectuate the State Uniform Construction Code Act, P.L. 1975, c.217 (N.J.S.A. 52:27D-119 et seq.), including any subsequent amendments or revisions thereto;
Hotels, motels, vacation timeshares, and child-care facilities; and
The entirety of all continuing care facilities within a continuing care retirement community which is subject to the Continuing Care Retirement Community Regulation and Financial Disclosure Act, P.L. 1986, c.103 (N.J.S.A. 52:27D-330 et seq.).
The fee authorized to be imposed pursuant to sections 32 through 38 of P.L.2008, c.46 (N.J.S.A. 40:55D-8.1 through 40:55D-8.7).
Shall be liberally construed to include the construction, maintenance, or operation of housing, including but not limited to the provision of services to such housing and the funding of any of the above.
A method of allocating funds collected and to be collected pursuant to an approved municipal development fee ordinance, or pursuant to P.L. 2008, c.46 (N.J.S.A. 52:27D-329.1 et al.) for the purpose of meeting the housing needs of low- and moderate-income individuals.
D.
Residential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts in the Township, developers of all new residential dwelling units not exempt from the collection of development fees in accordance with § 90-5.28D(2) shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted.
(b)
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application. Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
(2)
Eligible exactions, ineligible exactions and exemptions for residential development.
(a)
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(b)
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
(c)
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use (such as from a single family to a two-family dwelling). The development fee shall be calculated on the increase in the equalized assessed value of the improved structure. Development fees are not required for additions to existing dwelling units or for accessory structures.
(d)
Developers of residential structures demolished and replaced as a result of a natural disaster shall be exempt from paying a development fee.
E.
Nonresidential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
(2)
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
(a)
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee of 2.5% unless otherwise exempted below.
(b)
The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c.46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
(d)
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L.2008, c.46, shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by South Harrison Township as a lien against the real property of the owner.
F.
Collection procedures.
(1)
Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.
(2)
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
(3)
The construction official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
(4)
Within 90 days of receipt of that notice, the municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
(5)
The construction official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a final inspection, the municipal assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
(7)
Should South Harrison Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L. 2008, c.46 (N.J.S.A. 40:55D-8.6).
(8)
Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
(9)
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by South Harrison Township. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by South Harrison Township. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
G.
Affordable Housing Trust Fund.
(1)
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
(2)
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with South Harrison's affordable housing program.
(3)
Within seven days from the opening of the trust fund account, South Harrison Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
(4)
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
H.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the South Harrison Township's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to, preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market-to-affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for creation or implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.
(2)
Funds shall not be expended to reimburse South Harrison Township for past housing activities.
(3)
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
(a)
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The use of development fees in this manner shall entitle South Harrison Township to bonus credits pursuant to N.J.A.C. 5:97-3.7.
(c)
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(4)
South Harrison Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
(5)
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.
I.
Monitoring. South Harrison Township shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with South Harrison's housing program, as well as to the expenditure of revenues and implementation of the plan approved by the court. All monitoring reports shall be completed on forms designed by COAH.
J.
Ongoing collection of fees. The ability for South Harrison Township to impose, collect and expend development fees shall expire with its substantive certification unless South Harrison Township has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its Development Fee Ordinance. If South Harrison Township fails to renew its ability to impose and collect development fees prior to the expiration of its substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, c.222 (N.J.S.A. 52:27D-320). South Harrison Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall South Harrison Township retroactively impose a development fee on such a development. South Harrison Township shall not expend development fees after the expiration of its substantive certification or judgment of compliance.
§ 90-5.29 Home occupations.
Home occupations shall be permitted in all districts which permit single-family residences as a principal use provided that:
A.
No person other than members of the family residing on the premises plus one outside employee shall be engaged in such occupation. The person whose occupation is being operated from the home shall reside on the premises.
B.
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the principal dwelling on the lot, except those used for farm purposes, shall be used in the conduct of the home occupation.
C.
Such occupation shall be pursued only in single-family dwelling units, shall give no external evidence of nonresidential use other than a small nameplate sign not to exceed two square feet in size, and shall not display products visible from the street.
D.
The lot upon which the premises is located complies with minimum zoning standards, and no traffic or parking shall be generated in excess of three passenger automobile at any one time in addition to those used by the owner or tenant, all of which must be parked off street, in properly designed spaces, except that a home occupation may be located in a single-family dwelling unit on a lot smaller than 3/4 acre if no employees are hired therefor, the occupation does not generate more than one passenger automobile at any one time in addition to those used by the owner or tenant, and only one off-street parking space is provided for use of customers of the home occupation.
E.
No mechanical or electrical equipment is used that will be detectable to the normal senses or that will create electrical or audio interference.
F.
The retail sale of goods shall not be construed to be a home occupation under the terms of this chapter.
§ 90-5.30 Utilities.
Electric and telephone lines shall be underground to the structures from existing utility poles.
§ 90-5.31 (Reserved) [1]
[1]
Editor's Note: Former § 90-5.31, Flag lots, was repealed 12-10-2003 by Ord. No. 0-03-10.
§ 90-5.32 Calculation of floor area.
For all nonresidential buildings or uses, the total square footage of a building to be permitted shall be computed on the basis of the permitted floor area ratio (FAR) multiplied by the net acreage of a tract remaining after exclusion of environmentally constrained areas located on the lot. Environmentally constrained areas shall include areas designated as freshwater wetlands and transition areas, water bodies, and flood hazard areas. Detailed soil engineering and geotechnical test data undertaken in accordance with acceptable engineering standards and practices or permits received from governmental agencies having jurisdiction over such wetlands or floodplains indicating a different geographic area may be submitted by an applicant if he or she seeks amendment of the boundary limits which define such environmentally constrained areas.
§ 90-5.33 Nonconforming uses.
A.
General. The following provisions shall apply to all buildings and uses lawfully existing on the effective date of this Part 5 which do not conform to the requirements set forth in this Part 5 and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this Part 5.
B.
Regulations. Any nonconforming use of buildings or open land and any nonconforming buildings may be continued indefinitely, but such uses:
(1)
Shall not be enlarged, altered, extended, reconstructed or restored except as provided in § 90-5.34 herein nor placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Part 5, nor shall any external evidence of such use be increased by any means whatsoever.
(2)
Shall not be moved to another location where such use would be nonconforming.
(3)
Shall not be reestablished if such use has been discontinued for any reason for a period of one year or more, or has been changed to, or replaced by, a conforming use.
(4)
Shall not be restored for other than a conforming use after substantial destruction thereof.
§ 90-5.34 Additions and alterations to nonconforming buildings.
Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration in, or the reconstruction after partial destruction, of a noncomplying building, provided that such action does not increase or extend the degree of or create any new nonconformity with regard to the regulations pertaining to such buildings or the lot upon which they are constructed (e.g., an undersized house situated closer to the street line than now specified may have an addition on the back, provided that side and rear yards are not invaded), except that the floor area of a single-family house that occupies a lot that is smaller than the minimum lot area for the district in which the house is located may be increased by not more than 20% of the floor area existing as of the date of adoption of this Part 5, provided that all other provisions of this Part 5 are complied with. Yard reductions for such undersized lots may be permitted according to criteria established in § 90-5.35 of this article. This latter exception shall not apply to those lots in which an increase in floor area of a nonconforming building has occurred since December 6, 1978.
§ 90-5.35 Nonconforming lots of record.
No nonconforming vacant lot shall be further reduced in size. In the Agricultural-Residential District, such lots, as well as those which are consolidated into a single lot but still are nonconforming in area or dimension, may be improved for a single-family residence and its permitted accessory uses without appeal for variance relief, provided that the following provisions are met:
A.
The lot is in separate ownership and not contiguous to lots in the same ownership and owner had made a conscientious effort to acquire additional property. However, in the case of two or more contiguous lots under the same ownership, regardless of whether or not each may have been approved as a subdivision, acquired by separate conveyance or by other operation of law, where one or more of said lots does not conform with the area and/or division requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot, and the provisions of the applicable zoning district shall apply.
B.
As appropriate, all necessary health approvals are obtained.
C.
Floor area ratio/maximum improvement coverage (FAR/MIC) exceptions. The FAR/MIC of the zoning district in which the vacant lot is located may either be the maximum permitted FAR/MIC of the zoning district or 120% of the average FAR/MIC of dwellings immediately adjacent to the vacant lot, whichever is smaller. In the case of all vacant lots in a particular block or area, the permitted FAR/MIC of the zoning district may be increased by 10%.
D.
Yard exceptions.
(1)
Where the lot does not have the required width, each side yard may be reduced by one foot for each five feet that the lot is below the minimum required width, except that no side yard shall be less than 1/2 that required by the zoning district.
(2)
Where the lot does not have the required depth, the rear yard may be reduced six inches for every foot below 100 feet in depth, except that no rear yard shall be less than 1/2 that required by the zoning district.
(3)
If after application of exceptions § 90-5.35D(1) and (2) above, front yard infringement is necessary, no building shall be set back less than 75% of required front yard in the zoning district.
§ 90-5.36 Right to farm.
[Amended 12-12-2007 by Ord. No. 0-07-25; 7-9-2008 by Ord. No. 0-08-12]
A.
The right to farm is hereby recognized to exist as a natural right in South Harrison Township and is hereby declared a permitted use in all zones everywhere within the Township of South Harrison. The Township Committee recognizes the benefits to society and the community that accrue as a result of home and commercial farming, including supplying present and future generations with the bounty of the farm and the preservation of the rural countryside.
(1)
The right to farm includes, but not by way of limitation:
(a)
Production of agricultural and horticultural crops, trees, apiary and forest products, livestock, poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping.
(b)
Housing and employment of necessary laborers.
(c)
Erection of essential agricultural buildings, including those dedicated to the processing and packaging of the output of the commercial farm and ancillary to agricultural and horticultural production.
(d)
The grazing of animals and use of range for fowl.
(e)
Construction of fences.
(f)
The operation and transportation of large, slow-moving equipment over roads within South Harrison Township.
(g)
Control of pests, including but not limited to insects and weeds, predators and diseases of plants and animals.
(h)
Conduction of agriculture-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner and lessee is obtained.
(i)
Use of any and all equipment, including but not limited to: irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides, and bird control devices.
(j)
Processing and packaging of the agricultural output of the commercial farm.
(k)
The operation of a farm market with attendant signage, including the construction of building and parking areas in conformance with South Harrison Township standards and minor site plan approval.
(l)
The operation of a pick-your-own operation with attendant signage.
(m)
Replenishment of soil nutrients and improvement of soil tilth.
(n)
Clearing of woodlands using open burning and other techniques, installation and maintenance of vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas consistent with best management practices.
(o)
On-site disposal of organic agricultural wastes consistent with best management practices.
(p)
The application of manure and chemical fertilizers, insecticides and herbicides, though organic material is recommended.
(q)
Installation of wells, ponds and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation.
(2)
Commercial farm operators may engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.).
B.
Commercial farm operators are strongly advised to adhere to generally accepted agricultural management practices that have been:
(1)
Promulgated as rules by the State Agriculture Development Committee;
(2)
Recommended as site-specific agricultural management practices by the county agriculture development board;
(3)
Approved by the local soil conservation district in the form of a farm conservation plan that is prepared in conformance with the United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG), revised April 20, 1998, as amended and supplemented; or
(4)
Recommended by the Rutgers Agricultural Experiment Station.
C.
The foregoing activities must be in conformance with applicable federal and state law.
D.
The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.
E.
It is hereby determined that whatever nuisance may be caused to others by these foregoing uses and activities is more than offset by the benefits of farming to the neighborhood community and society in general.
F.
Any person aggrieved by the operation of a commercial farm shall file a complaint with the Gloucester County Agriculture Development Board, or the State Agriculture Development Committee, prior to filing an action in court.
G.
To help parties resolve conflicts involving the operation of commercial farms, the State Agriculture Development Committee has also established an Agricultural Mediation Program. Mediation is a voluntary process in which a trained, impartial mediator helps disputing parties examine their mutual problems, identify and consider options, and determine if they can agree on a solution. A mediator has no decision-making authority. Successful mediation is based on the voluntary cooperation and participation of all the parties.
H.
An additional purpose of this section is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near commercial farms of accepted activities or practices associated with those neighboring farms. It is intended that, through mandatory disclosures, purchasers and users will better understand the impacts of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near land actively devoted to commercial agriculture or in an agricultural development area, meaning an area identified by a county agriculture development board pursuant to the provisions of N.J.S.A. 4:1 C-18 and certified by the State Agriculture Development Committee. An applicant for a major subdivision or a minor subdivision that will result in new dwelling units shall agree as a condition of approval to include a provision in each and every contract for, and deed conveying all or any portion of the subdivided lands a notice disclosing that: "the property being purchased is located near land actively devoted to commercial agriculture or in an agricultural development area, meaning an area identified by the county agriculture development board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee. You may be affected by these agricultural activities or practices. The effect of these activities or practices may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any twenty-four-hour period, storage and disposal of manure and compost, and the application by spraying or otherwise of fertilizers, soil amendments, herbicides and pesticides. One or more of the effects described may occur as the result of any agricultural operation which is in conformance with existing federal and state laws and regulations and accepted customs and standards. If you live near an agricultural area, you should strive to be sensitive to the needs of commercial farm operators, as their presence is a necessary aspect of an area with a strong rural character and a strong agricultural sector. The State Agriculture Development Committee has established a formal complaint process as well as an informal Agricultural Mediation Program to assist in the resolution of any disputes which might arise between residents of South Harrison Township regarding the operations of commercial farms."
§ 90-5.37 Signs.
Permanent signs shall be subject to the requirements stipulated in Part 3, Site Plan. Temporary signs shall be governed by the regulations contained in Article XXIV herein with design standards not stipulated in Article XXIV, conforming to Part 3, Site Plan. Each site plan application shall include a sign plan showing the specific design, location, size, height, construction and illumination of proposed signs in accordance with the following regulations:
A.
Schedule of sign use regulations. Signs shall be permitted in each zoning district according to the following use regulations and other applicable requirements of this section. Standards for the types of signs permitted herein are set forth in § 90-5.37B of this article.
(1)
Permitted signs in residential districts.
Uses or Function | Type of Sign Permitted | Other Regulations | |
|---|---|---|---|
Advertising | Not permitted | Not permitted | |
Business | Ground, hanging, wall | Only one type per- mitted per lot | |
Directory | Ground, wall | Only one type per- mitted per lot | |
Identification | Ground, integral, wall | Only one type per- mitted per lot. Notwithstanding size standards contained in § 90-5.37B(1) of this article, the maximum size of a sign shall not exceed four square feet. | |
Instructional | Ground, wall | Quantity not restricted but subject to safety considerations. Notwithstanding size standards contained in § 90-5.37B(1) of this article, the maximum size of a sign shall not exceed two square feet per instructional message. | |
Nameplate | Ground, hanging, integral, wall | Only one type of sign permitted per lot. Notwithstanding size standards contained in § 90- 5.37B(1) of this article, the maximum size of a sign shall not exceed 1 1/2 square feet. | |
"No Solicitation" | Wall | Sign shall be located on or within two feet of front door and shall not exceed one square foot. |
(2)
Permitted signs in nonresidential districts.
Uses or Function | Type of Sign Permitted | Other Regulations | |
|---|---|---|---|
Advertising | Ground | Only one per lot permitted on undeveloped lots. | |
Business | Ground, hanging, marquee, wall | Only one type of sign permitted for each separate street frontage of a business occupancy. Marquee signs shall be permitted only for movie or other theatrical establishments and subject to special requirements of § 90-5.37E of this article. | |
Directory | Ground, wall | Notwithstanding § 90-5.37B of this article, only two signs per lot are permitted at its main ingress or egress points. | |
Identification | Ground, integral, wall | Only one type of sign permitted for each occupant of a lot. Notwithstanding size standards contained in § 90-5.37B(1) of this article, the maximum sign area shall not exceed four square feet. | |
Instructional | Ground, wall | Quantity not limited but subject to safety considerations. Notwithstanding size standards contained in § 90-5.37B(1) of this article, the maximum sign area shall not exceed two square feet. | |
Nameplate | Ground, hanging, wall, integral | Only one type of sign permitted per lot. Notwithstanding § 90-5.37B(1) of this article, maximum sign area shall not exceed four square feet. |
B.
Sign standards.
(1)
The types of signs permitted in § 90-5.37A shall comply with the standards listed in the schedule below and shall also be subject to other applicable regulations as set forth herein.
(2)
The aggregate total area of all permanent signs on a lot shall not exceed the limitations of § 90-5.37A. Permanent signs visible on or through windows, and signs on vehicles belonging to the business and parked in public view on the lots, are included within these limitations.
Schedule of Sign Standards | |||||||
|---|---|---|---|---|---|---|---|
Type of Sign | |||||||
Ground | Hanging | Integral | Marqueed | Wall | |||
Illumination permitted | |||||||
Residential districts | No | No | Yes | NP | Yes | ||
Nonresidential districts | Yes | Yes | Yes | Yes | Yes | ||
Maximum number per lot | |||||||
Residential districts | 1a | 1a | 1 | NP | 1 | ||
Nonresidential districts | 1a | 1a | 1 | 1 | 1a | ||
Maximum area (square feet) | |||||||
Residential districts | 12e | 6e | 4e | NP | 12e | ||
Nonresidential districts | 12b/c | 6 | 4 | d | 12 | ||
NOTES: | ||
|---|---|---|
NP | Not permitted. | |
a | Except where larger quantities are permitted by § 90-5.37A. | |
b | One-half square foot of sign area for each linear foot of building in a business district measured along a single frontage or a maximum of up to 60 square feet for said structure, whichever is less; or 1/2 square foot of sign area for each linear foot of a building in an industrial district measured along a single frontage or a maximum of up to 100 square feet for said structure, whichever is less. | |
c | Two square feet for each occupant when listed on a directory sign. | |
d | Refer to special regulations contained in § 90-5.37E. | |
e | Provisions of home occupation signing as set forth in Part 5, Zoning, shall supersede these requirements. | |
C.
Prohibited signs. Any other provisions of this section notwithstanding, the following signs shall be prohibited in all zoning districts:
(1)
Signs which contain or are an imitation of an official traffic signal or hide from view any traffic street signal or sign.
(2)
Billboards and other signs which advertise, promote, indicate the location of or otherwise direct attention to a business, commodity, service or entertainment that is not available on the lot upon which the sign is located.
(3)
Signs which are designed to move, either by mechanical or other means.
(4)
Signs which contain or consist of banners, posters, pennant ribbons, streamers, strings of light bulbs, spinners, or other similarly moving devices.
(5)
Signs which flash, except for time and temperature indicator.
(6)
Signs which emit odors or smoke or produce noise or sounds capable of being heard even though the sounds produced are not understandable.
(7)
Silhouetted or three-dimensional signs; e.g., signs lacking a background and having letters, figures, or devices silhouetted against the sky or other open space not a part of the sign, and/or signs in which objects or representational devices are present in the round, or other than in a vertical plane.
(8)
Any freestanding sign or any sign protecting from a building, within a triangular area bounded by the intersection of two right-of-way lines and a line connecting points 30 feet from such intersection along the right-of-way lines, whether existing or shown on the Master Plan or in sight clearance triangles specified in other regulations.
D.
General sign provisions.
(1)
Signs not covered. Any sign for which the purpose, location, type, or definition is not clearly permitted or prohibited by this article shall be considered as being a sign of the most closely resembling purpose, function, type or definition as established by this article.
(2)
Nonconforming signs. Nonconforming signs which are structurally altered, relocated, or replaced shall comply with all provisions of this article.
E.
Supplementary sign regulations and design considerations. The following regulations shall also apply to all permitted signs as set forth herein:
(1)
Interior signs. No interior sign shall cover more than 25% of the window upon which it is affixed, displayed, or painted. The Construction Official may, upon written application, grant permission during or prior to community-wide sales days for the erection or installation of interior signs to cover not more than 50% in area of each window, but such signs shall not be maintained for more than 15 days.
(2)
Marquee signs. Signs shall not be permitted on any marquee, other than signs built into and forming a part of the structure of the marquee. Such signs shall not exceed a height of three feet, a total area of 21 square feet on any one side of the marquee and shall not extend beyond the edge of the marquee. Further, only that portion of the marquee containing such sign may be illuminated. Minimum clearance, when over a walkway or sidewalk, not in a public right-of-way, shall be eight feet; when over a thoroughfare, not in a public right-of-way, it shall be 10 feet.
(3)
Wall signs. Wall signs shall be attached to the face of the building in a plane parallel to such face and projecting not more than 12 inches therefrom and shall not extend higher than the top of the parapet in case of one story buildings; and in the case of other buildings, they shall not extend above the sill of the windows of the second story, nor extend more than 15 feet above the outside grade.
(a)
No wall sign or combination of signs on any single frontage in a business district, including interior signs, shall exceed an area equivalent to 100% of the linear length of the structure on such frontage or a maximum of 60 square feet, whichever is less, for said structure.
(b)
Where an establishment for which business signs are permitted has a rear entrance on a public way or frontage on two or more streets, such as a corner, wall signs shall be permitted for ground type signs as established in § 90-5.37B(1) of this article.
(c)
Wall signs shall not cover wholly or partially any wall opening including doors, fire escapes, and windows, nor project beyond the ends of the wall to which it is attached. All such signs must be safely and adequately attached to said building wall by means satisfactory to the Construction Official.
(4)
Height of signs. The maximum height to the top of all permitted freestanding signs shall not exceed the permitted height limit of the principal structure to be located on the lot or 20 feet, whichever is less.
(5)
Sign location. Signs may be located on a lot so that they shall not be in or within the public right-of-way nor interfere with sight distances at street intersections or ingress and egress points to a lot. Signs designed to be seen from vehicles should be perpendicular to the line of travel while signs designed to be read on foot can be parallel with walks. To the extent possible, adjacent signs on the same or adjoining buildings should be placed within the same horizontal band and be of reasonably harmonious materials and colors.
(6)
Maximum sign dimension. The minimum outline dimension of a sign in any direction shall be no less than 1/3 the maximum outline dimension of a sign.
(7)
Design theme. There should be a consistent sign design theme throughout a particular project. The design theme would include style of lettering, construction, material, type of pole or standard, (wood or metal, for example), size, and lighting. Color of letters and background should be carefully considered in relation to the color of the material of buildings or where the signs are proposed to be located. Signs should be a subordinate rather than predominant feature of a plan.
(8)
Sign lettering. The general standard for directional signs is a letter size of two inches plus one additional inch for each 25 feet of viewing distance. A sign designed to be read from 100 feet should have letters of at least six inches high. Adjacent signs should be of the same height.
§ 90-5.38 Flagpoles.
[Added 12-9-2015 by Ord. No. 0-15-08]
Flagpoles are permitted in all districts and may be installed on a lot meeting the following requirements:
A.
No more than three flagpoles may be installed on any lot; provided, however, that the maximum distance between clustered flagpoles on a single lot shall not exceed nine feet.
B.
No flag or flagpole may exceed the maximum height for the building(s) permitted in the applicable zoning district in which the flagpole is to be located.
C.
The front, side or rear yard setbacks applicable to flagpoles shall be a minimum of 3/4 of the applicable minimum building front, side and rear yard setback in the applicable zoning district or not less than 15 feet, whichever is greater; provided, however, that no flagpole may be installed or erected in any required buffer area.
D.
No more than three flags shall be flown and displayed from a single flagpole, with each flag having an area of no more than 40 square feet.
E.
Lighting of flagpole.
(1)
Lighting of the flagpole(s) is permitted; however, the following lighting is prohibited:
(a)
Floodlights, searchlights, beacons, and laser source lighting fixtures which are not confined to illumination of the pole and flag only.
(b)
Neon lighting.
(c)
Lighting which creates hazards to pedestrian and traffic safety and which is a nuisance to surrounding properties because of excessive glare, excessive light production in relation to need, and/or lighting which creates shadow and light which together create a hazard.
(d)
Blinking, flashing, animated, and/or moving lights.
(2)
Whenever possible, downlighting and shielding/baffling of fixtures shall be incorporated into the design of the flag/flagpole installation.
§ 90-5.39 Definitions.
[Added 12-9-2015 by Ord. No. 0-15-08]
As used in this article, the following terms shall have the meanings indicated:
A fabric or other flexible material attached to or designated to be flown from a flagpole or similar device.
A freestanding staff or pole on which to display an official flag of the United States, New Jersey or its political subdivisions, including military unit flags, and any such flag shall not be considered signs, and such flags are exempt from the sign regulations. Advertising flags, banners, streamers, bunting and the like shall fall under the Sign Ordinance of the Township Code.[1]
§ 90-5.40 Operation of classes of cannabis business.
[Added 7-14-2021 by Ord. No. 0-21-07]
A.
The operation of any class of cannabis business within the geographical boundaries of the Township of South Harrison, shall be a prohibited use.
B.
The following six marketplace classes of licensed cannabis/marijuana business shall be prohibited in all zones of the Township of South Harrison:
(1)
Class 1 cannabis cultivator license: facilities involved in growing and cultivating cannabis;
(2)
Class 2 cannabis manufacturer license: facilities involved in manufacturing, preparation, and packaging of cannabis items;
(3)
Class 3 cannabis wholesaler license: facilities involved in obtaining and selling cannabis items for later resale by other licensees;
(4)
Class 4 cannabis distributer license: businesses involved in transporting cannabis plants in bulk from a licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
(5)
Class 5 cannabis retailer license: locations at which cannabis items and related supplies are sold to consumers; and
(6)
Class 6 cannabis delivery license: businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.
C.
The purpose of this section is to protect the health and safety of Township residents and is deemed to be in the best interest of the Township and the residents of the Township of South Harrison.