Township of Harmony, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Harmony 12-2-1980 by Ord. No. 0:80-12. Amendments noted where applicable.]
GENERAL REFERENCES
Off-tract improvements — See Ch. 104.
Land disturbance — See Ch. 109.
Land use procedures — See Ch. 110.
Subdivision of land — See Ch. 148.
Zoning — See Ch. 165.

§ 137-1 Title.

This chapter shall be known and may be cited as the "Harmony Township Site Plan Review Ordinance of 1980."

§ 137-2 Definitions.

A. 
The following words or terms shall have the following meanings where used herein:
BOARD
The Planning Board of Harmony Township, except when the Board of Adjustments is authorized to act pursuant to N.J.S.A. 40:55D-76b, in which case it shall mean the Board of Adjustment of Harmony Township.
CONVENTIONAL
Development other than planned development.
DEVELOPER
The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option or contract of purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in use of any building or other structure or land or extension of use of land.
GUARANTY
Any security which may be accepted by the municipality, provided that a municipality shall not require more than 10% of the total performance guaranty in cash.
ON TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
SITE PLAN
A development plan of one or more lots on which is shown:
(1) 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
(2) 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures, signs, lighting and screening devices.
(3) 
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans.
B. 
Terms and words not defined herein, but defined in Harmony Township Zoning Ordinance or Subdivision Ordinance, shall have, for the purposes of this chapter, the meanings given them in the Zoning Ordinance or Subdivision Ordinance, as the same now reads or may be amended. Terms and words not defined herein nor in the Harmony Township Zoning Ordinance or Subdivision Ordinance, shall have the meanings given them in the Municipal Land Use Law, its amendments and supplements thereto.[1]
[1]
Editor's Note: For the Townships' zoning and subdivision regulations, see Chs. 165 and 148, respectively. For the Municipal Land Use Law, see N.J.S.A. 40:55D-1 et seq.

§ 137-3 Compliance required; exception.

Site plan review and approval shall be required as a condition for the issuance of a permit for any development, except that individual lot applications for detached one- or two-dwelling-unit buildings which are part of a minor subdivision or are sited on lots which were in existence at the time of passage of this chapter, shall be exempt from site plan approval.

§ 137-4 Development staging.

In the case of a site plan for a development which proposes construction over a period of years, the developer shall plan proposed stages so as to protect the interests of the public and of the residents, occupants and owners of the proposed development during the total completion of the development.

§ 137-5 Conditions for approval.

A. 
As a condition for site plan approval, the developer shall submit proof from the Harmony Township Tax Collector or other designated official that no taxes or assessments for local improvements are due or delinquent on the property for which the site plan application is made.
B. 
As a condition of site plan approval for a site to be used for commercial purposes, the applicant, where it is a corporation or partnership, shall submit as part of its application a list of all stockholders or individual partners owning at least 10% of its stock or at least 10% of the interest in the partnership, as the case may be, pursuant to N.J.S.A. 40:55D-48.1, plus, pursuant to N.J.S.A. 40:55D-48.2, if applicable, a list of all stockholders of individual partners owning at least 10% of the stock or partnership interest in a corporation or partnership subject to disclosure pursuant to N.J.S.A. 40:55D-48.1.

§ 137-6 Preliminary approval.

A. 
The developer shall submit to the Township Engineer eight copies of a site plan, including the information required by § 137-10C, together with eight copies of a completed application form and an application fee and a review and inspection fee computed in accordance with § 137-14. Upon receipt of the application and review and inspection fees, they shall immediately be forwarded to the Harmony Township Clerk.
B. 
The Township Engineer shall review the submittal to determine if it is complete, and, if it is complete and if found to be so, shall promptly forward seven copies of the site plan and application form to the Secretary of the Board, who shall retain four copies of each and distribute the remaining three copies to the Board Attorney, the Township Zoning Officer and the Board Chairman.
C. 
If the application for development is found to be incomplete, the developer shall be notified, in writing, of the deficiencies therein by the Township Engineer within 45 days of submission of the application to the Township Engineer or it shall be deemed to be properly submitted.
D. 
Upon determining that the application has been properly submitted, the Township Engineer shall prepare and submit a report to the Planning Board or the Board of Adjustment, when it is empowered to review and approve a site plan pursuant to N.J.S.A. 40:55D-76b. In the latter case, the report shall also be submitted to the Planning Board.
E. 
A hearing shall be scheduled and held not less than 10 days prior to the date that the Board is required to act pursuant to the terms of this chapter or the Municipal Land Use Law, including any extensions of time as may be consented to by the developer.
F. 
Except in cases of conventional site plan review, notice of a hearing for the preliminary site plan review shall be given pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-11 and N.J.S.A. 40:55D-12), its amendments and supplements thereto.
G. 
If the Board requires any substantial amendment in the layout of improvements proposed by the developer that may have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development.
H. 
Upon submission of the complete application for site plan which involves 10 acres of land or less and 10 dwelling units or fewer, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for site plan which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan. In the case of the Board of Adjustment it shall grant or deny approval of a preliminary site plan within 120 days after submission by a developer of a complete application to the Township Engineer or within such further time as may be consented to by the applicant. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application for a conditional use; its review shall include any required preliminary site plan review, and the time required for action by the Planning Board on the conditional use applications shall apply to preliminary site plan review.
I. 
Preliminary approval of a site plan shall confer upon the applicant rights set forth in N.J.S.A. 40:55D-49 for a period of three years, except as provided in N.J.S.A. 40:55D-49d for an area of 50 acres or more.

§ 137-7 Final approval.

A. 
Subsequent to preliminary site plan approval, the developer shall submit to the Township Engineer eight copies of a site plan, including the information required by § 137-10D, together with eight copies of the completed application.
B. 
The Township Engineer shall review the submittal to determine if it is complete and, if found to be so, shall promptly forward seven copies of the site plan and application form to the Secretary of the Board, who shall retain four copies of each and distribute the remaining three copies to the Board Attorney, the Township Zoning Officer and the Board of Chairman.
C. 
If the application for development is found to be incomplete, the developer shall be notified, in writing, of the deficiencies therein by the Township Engineer within 45 days of submission of the application to the Township Engineer or it shall be deemed to be properly submitted.
D. 
Final approval of the site plan shall be granted if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval and the conditions of preliminary approval, if any; provided, however, that in the case of a planned development or residential cluster, minimal deviations may be permitted from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
E. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the Township Engineer within such further time as may be consented to by the applicant. Failure to act within the period prescribed shall constitute final approval.
F. 
Subsequent to final approval, the Board Secretary shall forward one copy of the approved site plan to the Township Tax Assessor and the developer, in addition to those distributed pursuant to Subsection B above.

§ 137-8 Waivers.

The Board, when acting upon an application for site plan approval, shall have the power to grant such exceptions from the requirements of site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review if the applicant can clearly demonstrate that the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

§ 137-9 Simultaneous review.

The Board shall have the power to review and approve or deny site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Board or the Board being required to hold further hearings.

§ 137-10 Submission of plans.

A. 
Site plans shall be submitted in accordance with the following schedules:
(1) 
The sizes of all maps and plans submitted in compliance with this chapter shall be of one of the following sizes:
(a) 
Fifteen by twenty-one (15 x 21) inches.
(b) 
Twenty-four by thirty-six (24 x 36) inches.
(2) 
The title block shall include the following information:
(a) 
The name of the subdivision.
(b) 
The name, address, membership or license of the professional person who prepared the drawings.
(c) 
The term "sketch site plan," "preliminary site plan" or "final site plan," as applicable.
(d) 
The date of the drawing.
(e) 
The drawing reference number.
(f) 
The section number of the section being subdivided, if applicable.
(g) 
The scale of the drawing.
(3) 
Drawings shall also include the following:
(a) 
North arrow and reference meridian.
(b) 
Date of original drawing and date and nature of all subsequent revisions.
B. 
Sketch plan review. In keeping with the above intent, prospective developers are hereby encouraged but not required to informally submit preliminary sketches, reports and/or proposals for development to the Board for review and discussion (at duly constituted regular or special Board meetings). The following of such informal procedure shall not prejudice the developer's right to proceed subsequently as an applicant otherwise pursuant to the requirements of this chapter. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the Board shall not be found by any such review.
C. 
Preliminary site plan requirements.
(1) 
An application for preliminary site plan shall reflect the review and design guidelines in § 137-11.
(2) 
The preliminary site plan shall be drawn at a scale in accordance with the following table:
Area of Site
(acres)
Scale, Not to be Less Than
Less than 40
1 inch equals 50 feet
Over 40
1 inch equals 100 feet
(3) 
The plan shall include the following data:
(a) 
The name and address of the developer and the owner and the name, address and title of the person preparing the plan and maps, including appropriate map titles and accompanying data.
(b) 
The acreage, Municipal Tax Map lot and block numbers and tax sheet numbers of the lot or lots.
(c) 
A key location map showing the site and its relationship to surrounding areas and zone boundaries within a minimum of one-fourth (1/4) mile.
(d) 
A date, graphic scale and North arrow.
(e) 
All existing, proposed and minimum required setback dimensions.
(f) 
Landscaped areas, fencing and trees over four inches in diameter, except that where trees are in mass, only the limits thereof if proposed to remain need be shown, or if proposed for removal, only trees over nine inches in diameter need be shown.
(g) 
All existing and proposed signs, utility poles and their size, type of construction and location.
(h) 
The existing and proposed principal building or structures and all accessory buildings or structures, if any, approximate floor areas of said buildings and approximate finished grade elevations at all corners of said buildings.
(i) 
The location of all existing buildings, drainage and parking areas within 200 feet of the lot.
(j) 
Existing topography depicted by contours at two-foot intervals based upon New Jersey Geodetic Control Survey datum for the site and areas within 50 feet of the site.
(k) 
The approximate location and size of all existing and proposed storm drainage facilities, plus all required preliminary design data supporting the adequacy of the existing or proposed facility to handle future storm flows and analysis of the capacity of the facility into which the stormwater will flow.
(l) 
An analysis of all existing and proposed utilities and an analysis of the capacity of the existing utilities to accept the proposed facility.
(m) 
The location of all existing and proposed sidewalks, driveways, fences, retaining walls, parking space areas and the layouts thereof, and all off-street loading areas, together with the dimensions of all the foregoing on the site in question and within 100 feet of said site.
(n) 
The estimated average number of automobiles and number and size or type of trucks or buses that will enter and leave the site each day and during the peak hours, including an analysis of the ability of the existing road system to accept the additional traffic volumes.
(o) 
The location, size and nature of all existing and proposed rights-of-way, easements and other encumbrances which may affect the lot or lots in question, and the location, size and description of any lands to be dedicated to the Township or to the county.
(p) 
The location, size and nature of the entire lot or lots in question, and any contiguous lots owned by the developer or in which the developer has a direct or indirect interest, even though only a portion of the entire property is involved in the site plan for which approval is sought; provided, however, that where it is physically impossible to show such entire lot or lots contiguous lots on one map, a key map thereof shall be submitted.
(q) 
Plans and profiles of streets adjoining the property for a distance of 500 feet in either direction, including the location of driveways and intersecting streets and an indication of the maximum available sight distance.
(r) 
General nature and extent of proposed site lighting.
(s) 
The method of sewage disposal and water supply and the preliminary design thereof subject to the following:
[Amended 5-3-1988 by Ord. No. 0:88-7; 9-4-1990 by Ord. No. 0:90-17; 9-16-2003 by Ord. No. 03-8]
[1] 
Sewage disposal.
[a] 
If the site is to be served by an individual sewage disposal system, a copy of the report required for percolation or permeability tests and soil logs therefor shall be submitted.
[b] 
If the site is to be served by a central sewer system, a design of the collection system and a copy of an engineer's report complying with the requirements of N.J.A.C. 7:14A-23.5 et seq. shall be submitted.
[2] 
Water supply.
[a] 
If the site is to be served by an individual water supply system, a copy of the report required for well test requirements as required by § 185-7 shall be submitted.
[b] 
If the site is to be served by a central water system, a design of the distribution system and a copy of an engineer's report complying with the requirements of N.J.A.C. 7:10-11.5 shall be submitted.
(t) 
Proposed stages or development sections, if any, and the approximate schedule for implementing each stage or section.
(u) 
Tax Map lot and block numbers and names of owners of all properties within 200 feet of the site.
(4) 
The plans shall be prepared by a professional engineer licensed to practice in New Jersey.
(5) 
The preliminary site plan shall be accompanied by an environmental impact and community facilities analysis prepared in accordance with Article VI of Chapter 148, Subdivision of Land (§§ 148-28 through 148-36).
[Added 4-5-1994 by Ord. No. 94-3]
D. 
Final site plan requirements.
(1) 
An application for final site plan shall be substantially the same as the approved preliminary site plan or a stage or section thereof; however, it shall show final and detailed design and engineering which shall be designed in accordance with the review and design guidelines in § 137-11.
(2) 
The site plan shall be drawn at a scale not less than one inch equals 50 feet and not greater than one inch equals 10 feet; except that for land development plans that will require more than one sheet at this scale, a key map shall be included to show the entire tract and the detail sheet which shows each segment thereof.
(3) 
The plan shall include or be accompanied by the following data:
(a) 
The name and address of the developer and the owner and the name, address and title of the person preparing the plan or maps, including appropriate map and titles and accompanying data.
(b) 
An affidavit of the owner and other parties in interest that the site plan is submitted with their knowledge and consent.
(c) 
The Municipal Tax Map lot and block numbers of the lot or lots.
(d) 
A key location map showing the site and its relationship to surrounding areas and zone boundaries within a minimum of 1/4 mile.
(e) 
The names of all adjoining owners.
(f) 
A date, graphic scale, North arrow and reference meridian on any map.
(g) 
The zone district in which the lot or lots are located, together with a delineation of the yard setback lines required in the zone district.
(h) 
An accurate boundary survey prepared and certified by a New Jersey licensed land surveyor. The survey shall be based on a field traverse with an error of closure not less than one part in 10,000.
(i) 
The existing and proposed principal building or structures and all accessory buildings or structures, if any, and finished grade elevations of all first floors and roofs, including roof structures.
(j) 
Architectural floor plans for each floor of the building or structure and elevations from all principal exposures of all buildings or structures on the sites, but not less than four, with the name, address and registration number of the licensed architect preparing the plans.
(k) 
Existing topography based upon New Jersey Geodetic Control Survey datum, for the site and areas within 50 feet of the site, and proposed grading, both with a maximum of two-foot contour intervals.
(l) 
All setback dimensions and minimum setback lines, fences and landscaped areas and trees as required by Subsection C(3)(c) of this section.
(m) 
A landscape and planting plan which, as a minimum, shall spot the location of all existing plantings to be retained and all plantings to be established and shall contain a schedule, keyed to the plantings shown, calling out the type (common name and botanical name), size (height, spread and trunk diameter) at time of planting and at maturity and quantity of all plantings shown on the plan.
(n) 
All existing and proposed signs and lighting standards, including design calculation and indications of size, type of construction and location.
(o) 
The location, type and size of all existing and proposed catch basins and storm drainage facilities with profiles thereof, including design calculations, plus all required design data supporting the adequacy of all existing facilities to accept the additional stormwaters.
(p) 
The location, type and size of all existing and proposed curbs, sidewalks, driveways, fences, retaining walls, parking space areas and the layouts thereof, and all off-street loading areas, together with the dimensions of all the foregoing on the site in question and within 100 feet of said site.
(q) 
The location, size and nature of all existing and proposed rights-of-way, easements and other encumbrances which may affect the lot or lots in question and the location, size and description of any lands to be dedicated to the Township or to the county or other agency.
(r) 
The location and size of all sanitary sewer lines and profiles thereof.
(s) 
Location, size and type of all proposed utility lines and structures, including but not limited to telephone, electric, water, sanitary sewer, gas and CATV, and letters from each that the facilities are adequate to serve the site development.
(t) 
The location, size and nature of remaining lands or contiguous lots in which the developer has a direct interest.
(u) 
All proposed easements and public community access.
(v) 
The location, size and type of all proposed off-site improvements.
(w) 
All points of vehicular ingress and egress for the site, indicating the size of driveways and sight triangles.
(x) 
Provision for refuse and garbage disposal.
(y) 
Location of all points in pedestrian access, including internal circulation patterns.
(z) 
Location and design of all fire prevention measures, including emergency lanes, hydrants, sprinkler and siamese connections and fire zones.
(aa) 
The present and proposed number of units and number of tenants, employees, customers or occupants of each unit and a summary of the total number of each expected to be on the site each day.
(bb) 
The location of any other feature directly on the property and beyond the property, if such feature has an effort on the use of said property.
(cc) 
Construction details of all proposed site improvements.
(dd) 
Such information or data as may be required by the Board in order to determine that the details of the site plan are in accord with the standards of the ordinances of the Township.
(ee) 
A complete list of the site improvements, except principal and accessory buildings, by item, and the quantities thereof to be constructed.
(ff) 
Copies of all applicable local, state and federal permits that may be required.
(4) 
The plan shall be prepared and signed by a professional engineer licensed in New Jersey except for certification by other licensed professionals as required by this chapter or New Jersey law.

§ 137-11 Design guidelines.

A. 
General design considerations. The following shall constitute the general design considerations for site plans which shall be adhered to by the applicant in preparation of site plans:
(1) 
Preservation of landscape. Landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of the neighboring developed areas. Adequate shade trees shall be provided.
(2) 
Relation of proposed buildings to environment. The proposed structure shall be related harmoniously to the land form (either natural or man-made) and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings.
(3) 
Drives, parking and circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of vehicular and pedestrian traffic and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the design of proposed buildings and structures and the neighboring properties. Streets shall be of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the circulation element of the Master Plan.
(4) 
Surface water drainage. Special attention shall be given to proper sites for stormwater detention and surface drainage so that the surface water will not adversely affect neighboring properties or the public storm drainage system. As much as possible, and except as may be modified by Chapter 142, Stormwater Management, surface runoff waters from the premises should not be caused by the proposed development to exceed within any storm period the peak rate of runoff which would occur on a lot or tract in its presently developed condition, provided that, if the lot is presently farmed, it shall be considered as pasture for purposes of determining rate of runoff increase.
(5) 
Utility service. All electric, telephone, cable television and utility lines shall be underground. Adequate water supply, sewerage facilities and other utilities necessary for essential services to residents and occupants shall be provided.
(6) 
Advertising features. The size, location, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding properties.
(7) 
Special features. Exposed storage tank areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing and contemplated site design and the surrounding properties.
(8) 
Open space. Open space and cluster residential developments and planned developments shall be provided in accordance with the provisions of the Harmony Township Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 165, Zoning.
(9) 
Application of design standards. The standards of review outlined above shall also apply to all accessory buildings, structures, freestanding signs and other site features.
B. 
Design standards. The following minimum design standards shall be required for all site improvements:
(1) 
Public streets.
(a) 
Improvement of the public street upon which the site fronts shall be required for the portion of the site to be developed. These improvements shall be as required by the Harmony Township Subdivision Ordinance.
(b) 
Sight triangles shall be provided at the intersection of all driveways leading to and exiting from the site.
[1] 
These sight triangles shall be measured along the curbline of both the driveway and the intersecting street. The sight triangle shall be limited by a point measured 30 feet along the curbline of the driveway from the roadway curbline and a point on the intersecting roadway curbline which shall be located from the near curbline or the intersecting driveway in accordance with the following table:
Roadway Classification
Minimum Sight Distance
(feet)
Local
200
Minor collector
275
Major collector
350
Others
400
[2] 
The sight triangle shall be clear of all obstructions from 20 inches above center-line grade to a point 120 inches above the center line, except that utility poles and street trees shall be permitted, provided that they do not create a safety hazard. An easement dedication to the owner of the intersecting roadway incorporating the entire sight triangle within the site but outside the right-of-way line shall be made.
(2) 
On-site improvements.
(a) 
Site lighting.
[1] 
Site lighting shall be provided in all areas accessible to the public in accordance with the following table:
Area
Average Maintained Footcandles
Parking lots
Shopping centers
1.5-5
Retail businesses
1.0-4.0
Industrial
0.5-1.0
Residential, multifamily
0.4-1.0
Access Driveways
Shopping centers
2.0-3.0
Retail businesses
1.0-3.0
Industrial
1.0-3.0
Park area and pedestrianways
0.4
Sidewalks
0.5
Intersections
2.0-5
Other areas
As determined by individual study
[2] 
In general, the areas most frequently utilized shall be more intensely lit, with lighting levels decreasing as usage decreases.
[3] 
All lighting shall be designed to meet the following minimum criteria:
[a] 
All lighting from fixtures shall be cut off at property lines adjoining residential areas and zones.
[b] 
Fixtures shall provide cutoff so that the lamp or refractor is not visible from adjoining roadways or residential areas.
[c] 
Sky glow effects are prohibited.
[d] 
Maximum desirable luminaire mounting heights shall be 30 feet.
[e] 
A minimum uniformity ratio varying from six to one (6:1) for the intensely lit areas to ten to one (10:1) for the remote areas. The uniformity ratio shall be the ratio of the average to minimum intensity.
(b) 
Storm drainage. All site plans shall incorporate adequate storm drainage facilities. The facilities shall be designed in accordance with the standards established in Chapter 148, Subdivision of Land, and other applicable ordinances, except that in addition to the use of standard inlets as prescribed for use in municipal streets, the use inlet Type B-3 may be used. These shall be as shown in the standard details for Harmony Township, copies of which are on file in the Township Clerk's office.
[1] 
Inlets in parking areas shall be spaced and sized to prevent a spread of water into the parking aisles during a storm with an intensity of three inches per hour. Inlets in driveways and roadways within parking areas shall be spaced and sized to provide a minimum of an eight-foot-wide lane for each designed traveled lane during a storm with an intensity of three inches per hour.
[2] 
Inlets shall be placed at the intersection of all parking lot driveways or roadways with all public roads if the volume of water entering the public roadway will create a violation of the roadway inlet spacing standards set forth in Chapter 148, Subdivision of Land.
(c) 
Parking lot layout. Parking lots providing in excess of 50 parking spaces shall meet the following requirements.
[1] 
Driveways shall be separated from parking stalls and aisles by raised curbed islands which shall be a minimum of five feet wide.
[2] 
In every fifth row of parking, the opposing stalls shall be separated by raised curbed islands, which shall be a minimum of four feet wide.
[3] 
At least one tree as required by the Zoning Ordinance shall be planted within each island required herein.
[4] 
All islands required herein shall be landscaped and grassed.
(d) 
Landscaping. In addition to the buffer zone required by the Zoning Ordinance and ornamental shrubbery to be placed on the site, shade trees shall be placed in conformance with the following:
[1] 
Street trees as required by the Subdivision Ordinance shall be placed along all adjoining public roadways.
[2] 
Shade trees on the site shall be provided as required by the Zoning Ordinance in parking areas with more than 50 cars. At least one-half (1/2) of these trees shall be planted in landscaped and curbed islands.
(e) 
Pedestrian access. In parking areas in excess of 100 parking stalls, sidewalks shall be constructed along all driveways and roadways as necessary to accommodate pedestrian travel parallel to the flow of traffic thereon.
(f) 
Fire protection. Notwithstanding the provision of fire codes and recommendations of fire personnel the following shall apply:
[1] 
On all sites in excess of 10,000 square feet of building area, fire aisles shall be provided adjacent to all exposures of buildings. No automobile parking shall be permitted between the fire aisle and the building, except that parcel pickup areas will be permitted, provided that the designated area does not exceed one-third (1/3) of the frontage of an individual business establishment. Pedestrian walkways and truck loading zones will be permitted between the fire aisle and the buildings.
[2] 
All fire aisles shall be a minimum of 30 feet in width.
[3] 
No portion of a structure shall be more than 600 feet from a fire hydrant where public water is available.
(g) 
Grading. Grading shall be as required by the site construction. However, the following requirements shall be adhered to:
[1] 
Driveways. Driveways and roadways shall not exceed a maximum grade of 6% and shall not exceed a grade of 4% within 100 feet at the sideline of an intersecting street.
[2] 
Parking areas. Parking areas shall be reasonably level but shall not exceed a maximum grade of 6% and shall be graded so that stormwater runs from aisles to parking stalls and does not cross drives or roadway in a concentrated flow.
[3] 
Maximum earthen slopes. Slopes shall not exceed a ratio of one and one-half (1/2) horizontal to one vertical unless a slope stability analysis indicates to the contrary, provided that slopes which are in excess of two to one (2:1) shall be fenced at the top with a four-foot-high fence, and slopes greater than two to one (2:1) but less than three to one (3:1) shall have a fence or protective vegetative screen or guardrail.
[4] 
All nonpaved areas shall be permanently stabilized to prevent erosion.
(h) 
Other improvement shall be made in accordance with the standards set forth in the Subdivision Ordinance,[2] or in lieu thereof, as may be indicated by good engineering practice.
[2]
Editor's Note: See Ch. 148, Subdivision of Land.
(3) 
Standards for construction. All work shall be done in conformance with the current construction standards of the Township of Harmony or, in lieu thereof, the current edition of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction, 1961, with amendments and revisions thereto, and with the New Jersey Department of Transportation standard construction details.

§ 137-12 Guaranties.

A. 
As a condition of final site plan approval, the Planning Board or the Board of Adjustment, as the case may be, shall require and accept in accordance with the standards of this chapter for the purpose of assuring the installation and maintenance of on-tract improvements:
(1) 
A performance guaranty in favor of the municipality in an amount not to exceed 120%, 10% of which shall be in cash, of the cost of installation for improvements if deemed necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and other on-site improvements and landscaping.
(2) 
A maintenance guaranty to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the total cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.
B. 
The form of the guaranty shall be as approved by the Township Attorney, and the amount of guaranty shall be as determined by the Township Engineer.
C. 
The applicant shall assume liability during construction of such improvements and until such time as the improvements are accepted by the Township of Harmony.
D. 
Upon substantial completion of all required appurtenant utility improvements, and the connection to the same to the public system, the obligor may notify the governing body, in writing, by certified mail addressed in care of the Township Clerk, of the completion or substantial completion of said improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements, with a statement of reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth.
E. 
The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said authority with relation thereto not later than 65 days after receipt of notice from the obligor of the completion of the improvements. Where partial approval is granted, obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from liability pursuant to such performance guaranty for such improvements.
F. 
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification, as set forth in Subsections D and E above, shall be followed.

§ 137-13 Noncompliance.

Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a zoning permit, construction permit or certificate of occupancy, as the case may be, shall be construed to be a violation of this chapter and shall be grounds for the revocation of any zoning permit, construction permit or certificate of occupancy, as the case may be. If the Construction Code Official finds that any conditions of site plan approval have not been met, he shall give the applicant 10 days' written notice to comply with said conditions, and failure to comply within this ten-day period shall result in revocation of the zoning permit, construction permit, certificate of occupancy or certificate of continued occupancy, as the case may be. Such violations may additionally or singly also be prosecuted under provisions of Chapter 165, Zoning.

§ 137-14 Fees.

[Amended 9-5-2013 by Ord. No. 13-3]
Site plan review:
A. 
Application fee.
(1) 
New applications. The developer shall submit to the Land Use Board Administrator an application fee as determined by the following fee schedule:
Site Plans
Application Fee1
Escrow Deposot
(a)
Preliminary plan (residential)2
$500 + $25/dwelling unit
$2,500 + $25/dwelling unit + $25/acre
(b)
Preliminary plan (nonresidential)3
$500 + $0.02/sq. ft. of building floor area + $25/acre
$2,500 + $0.03/sq. ft. of building floor area + $25/acre
(c)
Final Plan (residential)
$300 + $10/dwelling unit
$1,500
(d)
Final plan (nonresidential)
$300 + $0.01/sq. ft. of building floor area + $25/acre
$1,500
Notes:
1
No application fee shall exceed $15,000.
2
Any nonresidential buildings in a predominantly residential site plan shall pay an escrow deposit of $0.03 per square foot of nonresidential building floor area in addition to the residential escrow deposit.
3
Any residences in a predominantly nonresidential site plan shall pay $25 per dwelling unit escrow deposit in addition to the nonresidential escrow deposit.
(2) 
Amendments to previously approved site plan. Application fee shall be 1/2 of the original application fee but not to exceed $500. Escrow deposit shall be 1/2 of the original escrow deposit unless sufficient funds remain in the escrow account from the original application, such that the Board determines a lesser amount is adequate to cover anticipated bills.
(3) 
Extension of preliminary approval and/or final approval. Application fee shall be 1/2 of the original application fee but not to exceed $500. Escrow deposit shall be 1/2 of the original escrow deposit for preliminary or final extensions unless sufficient funds remain in the escrow account from the original application.
B. 
Application and escrow fees for residential subdivisions shall be posted in accordance with Chapter 148, Subdivision of Land.
C. 
Fee procedure. All fees shall be paid in the form of separate check or money order made payable to the Township of Harmony for the application fee and escrow deposit. If, at the completion and municipal approval and acceptance of all required improvements in an entire site plan, the sum deposited with the Township Clerk by the developer, pursuant to the above to cover the cost of engineering, planning, inspection and legal services, should exceed the expense actually incurred by the Township for such services, the developer, upon written request, made within one year following the date of such acceptance, shall be entitled to the return of the amount by which its deposits aforesaid exceed actual cost, without interest.

§ 137-15 Violations and penalties.

[Amended 8-7-1990 by Ord. No. 0:90-15]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to any combination of the following:
A. 
A fine of not less than $25 nor more than $1,000.
B. 
A term of imprisonment not to exceed 90 days.
C. 
A term of community service not to exceed 90 days.