[Amended 11-6-1979 by Ord. No. 0:79-6;3-3-1981 by Ord. No. 0:81-3; 4-1-1986 by Ord. No.
0:86-3; 11-8-2001 by Ord. No. 01-7]
A.
Continuance.
Except as otherwise provided herein, lawful structures or lawful uses
existing on the effective date of this chapter or a subsequent amendment
thereto may be continued even though such structure or use does not
comply with the regulations specified by this chapter or the amendment
thereto for the zone in which such structure or use is located; provided,
however, that:
B.
Abandonment.
A nonconforming use that has been abandoned shall not thereafter be
reinstated. A nonconforming use shall be adjudged to have been abandoned:
(1)
When it is
changed to a conforming use or to a less nonconforming use.
(2)
In cases
where such nonconforming use is a building or structure designed for
such use, when it has been voluntarily discontinued for a period of
24 consecutive months.
(3)
In cases
where such nonconforming use is of a building or structure not designed
for such use or is of a lot or land whereon there is no consequential
building or structure devoted to such use, when it has been voluntarily
discontinued for a period of 12 consecutive months.
C.
Restoration.
If a nonconforming structure or use is partially destroyed by any
cause whatsoever, other than fire, to an extent of 50% or more, it
shall not be rebuilt or reestablished except in conformity with the
regulations of the zone in which it is located. For the purposes of
determining extent of destruction, basements and cellars shall be
excluded. If a nonconforming primary residential structure or use
is destroyed by fire, it may be rebuilt or reestablished without conforming
to the regulations of the zone provided the structure or use is rebuilt
within the original footprint of the structure prior to the fire.
If the primary residential structure can not be rebuilt within the
original footprint, then any rebuild must conform with the regulations
of the zone.
[Amended 1-4-2011 by Ord. No. 10-9]
D.
Waiver. Nothing
in this chapter shall prevent the strengthening or restoring to a
safe condition any wall, floor or roof which has been declared unsafe
by the Building Inspector or other competent legal authority having
jurisdiction. A nonconforming structure may be repaired or refurbished
but not enlarged or extended.
E.
Unlawful uses.
No unlawful structure or unlawful use of a building or structure,
lot or land existing at the effective date of this chapter shall be
deemed to be a nonconforming structure or use.
F.
Notwithstanding
the lot area, lot width and lot coverage requirements, a single-family
dwelling may be erected on any lot separately owned and not adjacent
to any lot in the same ownership at the effective date of this subsection
or acquired subsequent thereto, provided that the aggregate width
of the side yard is no less than 25% of the lot width and that the
narrower side yard is not less than 10% of the lot width or 15 feet,
whichever is greater.
G.
Dwellings within
a flood hazard area.
[Added 12-5-2006 by Ord. No. 06-20]
(1)
Notwithstanding the lot area, lot width, lot coverage and individual setback requirements, a dwelling which is within a defined flood hazard area as set forth on FEMA FIRM maps or equivalent state mapping may be raised to or one foot above the elevation shown on a FEMA flood "elevation certificate" signed by a licensed New Jersey land surveyor, provided that all the existing setbacks and the dwelling footprint are maintained at the proposed elevation and that the dwelling height does not exceed that which is required by the requirements of Code § 525-20 entitled "Schedule." The intent of this section is not to allow either an enlargement or a relocation of the existing dwelling footprint on the subject property.
[Amended 11-8-2001 by Ord. No. 01-7]
A.
Existing natural
features such as trees, brooks, drainage channels and view shall be
retained. Whenever such features interfere with the proposed use of
such property, a retention of the maximum amount of such features
consistent with the use of the property shall be required.
B.
Streams and streambeds.
No structure shall be built on a lot any side of which fronts on a
natural watercourse unless a permit or certificate of exemption has
been issued by the New Jersey Department of Environmental Protection
or its successor agency as required by the Stream Encroachment Law
(N.J.S.A. 58:1-26 et seq.)[1] and the Floodplain Act (N.J.S.A. 58:16A-50 et seq.).
[1]
Editor's Note: See now N.J.S.A. 58:16A-50
et seq.
C.
Topsoil. No person,
firm or corporation shall strip, excavate or otherwise remove topsoil
for other than reuse on the same lot.
[Added 5-5-1992 by Ord. No. 0:92-6; amended 11-8-2001 by Ord. No. 01-7]
A.
There is hereby
included in this chapter of the Township of Harmony a section entitled
"Right to farm."
B.
Legislative findings.
(1)
The Township
Committee of the Township of Harmony finds that farming has existed
and been carried on in the Township for hundreds of years and long
before the residential development that has since been prevalent in
the Township. The Township Committee of the Township of Harmony further
finds that residences have been located in close proximity to existing
working farms that engage in spraying, the spreading of animal wastes,
fertilizing and irrigation as well as other activities which are indigenous
to farming. The Township Committee of the Township of Harmony finds
and determines that farmers must be secure in their ability to earn
a livelihood and utilize customary procedures and techniques.
(2)
The Township
of Harmony further finds that whatever burden may be caused to contiguous
property owners is offset by the benefits from farming to the Township,
county and state as well as the preservation of open space areas within
the Township.
C.
Statement of
intent. This section shall not be construed as a zoning section and
does not supersede any zoning section and the rights and privileges
arising from said sections. It is the intent of this section to prohibit
farming from being found to be a nuisance when practiced according
to customary farming practices.
D.
Recognition of
right.
(1)
The right
to farm lands and properties within the Township of Harmony is hereby
recognized to exist as a right of the farmer, his agents or assigns
to utilize his land and properties in such a manner as to pursue his
livelihood, subject only to the restrictions and regulations set forth
in the Township, county and state health codes and regulations.
(2)
The right
to farm recognize the use of large irrigation pumps and equipment,
aerial and ground seeding and spraying, large tractors, the application
of chemical fertilizers, insecticides and herbicides, as well as other
customary farm equipment utilized by the farmer for the purpose of
producing from the land agricultural products such as vegetables,
grains, hay, fruits, fibers, wood, trees, plants, shrubs, aquaculture,
flowers and seeds.
(3)
The right
to farm shall also include the right to utilize the land for grazing
of animals, subject to the restrictions for intensive fowl or livestock
farms or such restrictions as may be required by county, state and
federal laws.
(4)
The right
to farm shall also recognize activities such as the use of necessary
farm laborers, the traveling and transportation of large slow-moving
equipment over roads within the Township of Harmony and the construction
of fences for animals and livestock.
E.
Times of operation;
ancillary effects. The activities set forth herein incidental to the
right to farm and when reasonable and necessary for that particular
farming activity and livestock or fowl production and when conducted
in accordance with generally accepted agricultural practices may occur
on holidays, Sundays and weekdays and at night and during the day.
The noise, odors, dust and fumes that are caused by these activities
are recognized as ancillary to the permitted activities set forth
in this section and the right to farm.
F.
Notice of right to farm. For the purpose of giving due notice of nearby uses to proposed residents, the Land Use Board of the Township of Harmony shall require an applicant for a major or minor subdivision, as a condition of approval thereof, to include the following notice, both on the subdivision plat itself and in an instrument in recordable form, to provide constructive record notice to buyers of the existence of any proximate, nonresidential uses, such instrument to be approved by the Land Use Board of the Township of Harmony prior to the filing of the final subdivision plat or recording of any deed(s), as the case may be. Such notice shall read as follows: "Grantee is hereby noticed that there is, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust and fumes associated with agricultural practices permitted under § 525-23, Right to farm, of the Harmony Township Zoning Ordinance."
[Amended 11-8-2001 by Ord. No. 01-7]
A.
Buffer strips.
Wherever a buffer strip has been specified by this chapter or as may
be required by the Board or governing body, such buffer strip shall
be of the width so specified or required and shall:
(1)
Be landscaped
by the planting of grass and/or ground cover, shrubs and trees. Two
shrubs and one tree shall be provided for each 500 square feet of
area or fraction thereof of the buffer strip. If the buffer strip
is naturally wooded in its entire width, it shall remain in its natural
condition in place of the required shrubs and trees.
(2)
Not contain
parking area or driveways, unless specifically permitted elsewhere
in this chapter, or other accessory structures or uses except for
decorative purposes or passive recreational purposes.
B.
Screening. Wherever
screening has been specified by this chapter or as may be required
by the Board, such screening, unless otherwise required, shall extend
to the required front yard setbacks of the lots to be screened and
shall, as a minimum, consist of dense hedges or deciduous trees and
at least 50% evergreen shrubbery, planted at 30 inches on center in
a single row or at five feet on center in each of two staggered rows,
provided that if all evergreens are used, they may be planted at five
feet on center in a single row or at 10 feet on center in each of
two staggered rows. Plants shall be a minimum of six feet tall at
the time of planting or, if the Board so approves:
C.
Landscaping.
All areas of any lot not occupied by buildings, pavement or other
surfacing or otherwise improved or used in accordance with an approved
site plan or subdivision shall be landscaped by the planting of grass
and/or ground cover, shrubs and trees. As a minimum, one tree shall
be provided or remain existing for each 5,000 square feet of area
or fraction thereof to which this requirement applies. The placement
of the plant material shall be appropriate to enhancement of the property.
Continuous maintenance shall be practiced on all such areas.
[Amended 11-8-2001 by Ord. No. 01-7]
A.
Buildings permitted
on individual lots.
(1)
Only one
single-family dwelling unit per lot. No lot shall have erected upon
it more than one detached single-family dwelling unit.
(2)
Multiple
buildings shall be permitted on lots used for nonresidential purposes
in nonresidential zones, provided the buildings are related to each
other as to the use of the lot.
B.
Provision of
yard space. No yard or other open space provided above any structure
for the purpose of complying with the provisions of this chapter shall
be considered to provide a yard or open space for any other structure.
C.
Required areas
on lot to be in zone where required. All yards, open space, off-street
parking areas and required buffer strips must be contained within
the zone in which the use to be served thereby is permitted.
D.
Street frontage
required. Primary structures shall be built only upon lots having
frontage upon a street improved to meet the Township's requirements.
E.
Yards affected
by Master Plan or Official Map. Where a lot has frontage on a street
which the Master Plan or the Official Map of the Township indicates
is proposed for right-of-way widening, the required yard area shall
be measured from the proposed street line.
F.
Yards affected
by building line ordinance. Where a lot has frontage on a street for
which the Township has imposed a building line ordinance requiring
a greater setback than the minimum front yard depth or than the minimum
side yard width on the side street frontage of a corner lot, each
as required by this chapter, the provisions of such building line
ordinance shall govern.
G.
Front yard modifications.
In any residential zone, in lieu of the minimum front yard depths
required by this chapter, when 25% of the block frontage within 200
feet of a proposed building is already improved with buildings, the
front yard depth at the front of a proposed building:
(1)
Shall conform
to the average alignment of the two nearest buildings within such
200 feet in cases where such average alignment exceeds the minimum
front yard depth required in the zone within which such proposed building
is situated; provided, however, that in no case shall the depth of
such front yard be required to exceed such minimum depth by more than
10 feet.
(2)
May conform
to the average alignment of the two nearest buildings within such
200 feet in cases where such average alignment is less than the minimum
front yard depth required in the zone within which such proposed building
is situated; provided, however, that in no case shall such front yard
have a depth of less than 30 feet.
H.
Corner lots and
through lots. Where a lot has frontage on two or more intersecting
streets or where a lot extends through from street to street, the
applicable front yard regulations shall apply on all street frontages.
(1)
Detached
accessory buildings shall be located to the rear of the front building
line of the primary building and shall conform to the side and rear
yard requirements of this chapter for the zone as applicable.
(2)
No private
garage or other accessory building in any zone, if detached, shall
be placed within 10 feet of the main building.
(3)
Lots which
have multiple street frontages shall not be considered to have a rear
yard. Setback dimensions for all yards other than front yards shall
meet the requirements for the larger of two sides yards in the zone.
(4)
Lots which
front on an alley shall not be required to comply with the front yard
setback requirements as to the alley frontage.
I.
Attached garages.
Nothing contained herein shall prevent the construction of a private
garage as a structural part of the main dwelling, provided that when
so constructed, the garage walls shall be regarded as the walls of
the main dwelling in applying the front, rear and side yard regulations
of this chapter.
J.
Open and unobstructed
yards.
(2)
Every part
of a required yard shall be open to the sky unobstructed except for
accessory buildings and except for the ordinary projection of sills
and belt courses, and except for ornamental features projecting not
more than four inches and cornices and eaves not projecting more than
two feet.
K.
Parking or storage
in front yards. The parking or storage of boats, vehicles, except
passenger cars, or other equipment in a required front yard is prohibited
unless otherwise required or permitted by the off-street parking regulations
of this chapter.
L.
Display of goods
for sale in yards. The display of goods for sale or the location of
coin-operated vending machines of any type in a manner which would
infringe upon the required yard areas specified in this chapter is
prohibited.
M.
It is the purpose
of these provisions to regulate and limit the parking and storage
of commercial vehicles, as hereinbelow defined, within the AR-500
Agricultural/Residential Zone District, the AR-300 Agricultural/Residential
Zone District, the AR-250 Agricultural/Residential Zone District,
the R-150 Zone District, the AH Affordable Housing Zone District and
the R-HB Residential/Historic Business District specifically as follows:
[Amended 4-7-2009 by Ord. No. 09-3]
(1)
The primary purpose of this provision is to protect
residential homeowners from the adverse impact of commercial vehicles
being parked in a residential zone for extended periods of time.
(2)
"Commercial vehicle," as herein regulated, shall
be defined to mean any vehicle meeting one or more of the criteria
below:
(a)
Any vehicle, whether bearing
commercial registration (license plates) or not, which has a manufacturer's
stated gross vehicle weight rating (GVWR) of 12,000 pounds or more.
(b)
Any vehicle 96 inches
or greater in height or 96 inches or greater in width.
(c)
Any vehicle having a body
width exceeding the width of the cab.
(d)
Any vehicle(s) displaying
lettering for advertisement purposes.
(3)
In the zone districts enumerated hereinabove, no
such commercial vehicle shall be permitted to be stored, maintained
or parked overnight (defined as between the hours of 12:00 midnight
and 5:00 a.m.) on a lot or within a public road right-of-way or on
or along a private lane or driveway; provided, however, that one only
such commercial vehicle shall be permitted to be stored, maintained
or parked upon a lot provided same is housed within an enclosed building
located upon the lot.
(4)
Any vehicle having a gross vehicle weight rating
(GVWR) of less than 12,000 pounds or having the body style known as
a dual-wheel pick up truck, whether bearing commercial registration
(license plates) or not, and whether used for commercial purposes
or not, shall not be regulated or prohibited by these provisions.
(5)
Farm machinery and vehicles used in support of
an active agricultural or horticultural operation conducted in the
Township and not more than one recreational vehicle (RV) not utilized
as living quarters shall be exempt from the provisions thereof.
N.
Corner clearance.
On a corner lot, within the triangular area determined as provided
in this section, no wall or fence or other structure shall be erected
which would obstruct the view to a height in excess of one foot, and
no vehicle, object or any other obstruction of a height in excess
of one foot shall be parked or placed and no hedge shrub or other
growth shall be maintained at a height in excess of one foot, except
that trees whose branches are trimmed away to a height of at least
10 feet above the curb level shall be permitted. Such triangular area
shall be determined by the intersection of street curblines and a
diagonal connecting two points, one on each street center line. The
point on the major (through) street curbline shall be in accordance
with the table below from the near side minor (stop) street curbline,
and the point on the minor street curbline shall be 30 feet from the
near side major street curbline.
|
Major Street Distance Design
| |
|---|---|
|
Speed
(miles per hour)
|
Distance
(feet)
|
|
30 or less
|
200
|
|
40
|
275
|
|
50
|
350
|
[Amended 11-8-2001 by Ord. No. 01-7; 6-6-2002 by Ord. No.
02-6]
A.
Height of accessory
buildings. Except on a farm, no accessory building shall exceed 25
feet in height and no bearing wall shall exceed 20 feet in height.
On a farm, the height limitation of necessary buildings shall be the
same as for the principal building.
[Amended 2-1-2005 by Ord. No. 05-2; 11-6-2018 by Ord. No. 18-6]
[Amended 11-8-2001 by Ord. No. 01-7]
No person shall permit uncut grass, weeds, brush,
rubble, abandonment of scrap metal, machinery, building materials
or dismantled, unlicensed or junk motor vehicles in excess of one
for one month on real property. Said property shall be made to conform
with abutting properties.
[Amended 11-8-2001 by Ord. No. 01-7]
Dumping of refuse, waste material and other
substances is prohibited in all zones in the Township except for the
purpose of filling to established grades for which a permit must be
obtained from the appropriate officials.
[Amended 11-8-2001 by Ord. No. 01-7]
In-ground and other permanent swimming pools
are considered to be structures and as such shall require a building
permit.
[Amended 11-6-1979 by Ord. No. 0:79-6; 3-3-1981 by Ord. No. 0:81-3; 11-8-2001 by Ord. No.
01-7]
The keeping of horses in other than a farm shall
be permitted in all zones where the minimum required lot size is one
acre or more, provided that no more than one horse shall be permitted
to be kept for each acre of lot area, and that all accessory structures
utilized in such stabling shall meet the minimum required setbacks
for principal structures within the zone. When the computation of
the number of permitted horses results in a fraction, such fraction
shall be rounded to the next lowest whole number. No horses shall
be permitted in the minimum required front yard.
[Added 11-6-1979 by Ord. No. 0:79-6; amended 11-8-2001 by Ord. No. 01-7]
A.
In order to provide
for proper sight distance for vehicles entering the public streets
from private drives, fences and walls, shrubs and evergreens may be
erected, altered or reconstructed to a height not to exceed 2.5 feet
above ground level when located within 25 feet from the curbline;
provided further that fences and walls shall not be permitted in the
minimum required front yard.
B.
Fences and walls
may be erected, altered or reconstructed to a height not to exceed
six feet above ground level when located other than in the minimum
required front yard.
[Added 2-6-1990 by Ord. No. 0:90-1; amended 3-5-1996 by Ord. No. 0:96-4]
A.
Flag lots, as
herein defined and regulated, may be created in all residential zones.
B.
The flag lot created shall contain a minimum gross area of five acres, exclusive of the area contained within the access strip or flagstaff, and shall contain a constraint-free area meeting the requirements of § 525-8C.
C.
Each flag lot
shall abut an existing public road, meeting the requirements of N.J.S.A.
40:55D-35, by way of an access strip which shall be owned in fee,
rather than served by an easement or right-of-way, and shall be conveyed
as part of the flag lot; such access strip shall have a width of no
less than 50 feet fronting upon such road and shall have a width of
no less than 50 feet measured at right angles or radially to the length
of the strip at all other points between the intersection of the access
strip with the public road and its intersection with the rear line
of the flag lot created; and said access strip shall remain open and
unbuilt upon at all times; provided, however, that lots existing separately
as of the date of this chapter and confirming in all other respects
to the provisions hereof shall be permitted to meet the access strip
requirement with a perpetual and title insurable easement or right-of-way
of a minimum of 25 feet in width, conforming to the requirements herein.
[Amended 2-1-2005 by Ord. No. 05-2]
D.
Development criteria.
(1)
It shall
be demonstrated by the developer to the Land Use Board that the access
strip can be improved in accordance with the provisions of the Harmony
Township Driveway Ordinance[1] so as to assure suitability of the access by motor vehicles,
including emergency vehicles and equipment, in all weather conditions.
(2)
It shall
also be demonstrated that there are adequate permanent and title insurable
land rights to construct the driveway and its appurtenant slopes,
drainage and other features.
E.
Flag lots shall
be created only in conjunction with an overall development plan of
the entire tract of which the flag lot is a part, and the applicant
shall demonstrate to the Land Use Board a need, consistent with good
planning principles, for the creation of the flag lot and shall further
demonstrate that normal subdivision techniques are not practical because
of the topography, lot or land constraints of the land related to
the proposed development concept.
F.
All flag lots
to be created shall further conform to the following minimum requirements:
(1)
The flag
lot shall be deemed to front upon such access strip, and the required
lot width at the street line shall be measured along said access strip.
All other dimensional requirements applicable to the zone district
in which said flag lot is located shall be complied with and shall
be measured from and deemed to relate to said access strip.
(2)
The entire
lot shall be located only upon one side of the access strip.
(3)
Such flag
lots shall not be further subdivided, nor shall the access strip to
same be used as access to any other lot or tract of land, unless all
improvements required by the Land Subdivision Ordinance[2] have been installed, including the construction of a street
or road leading from the public road to all lots proposed to be so
served, which street or road shall meet all the design and construction
standards as set forth in all the ordinances applicable thereto.
(5)
Flag lots
shall not be permitted in any subdivision involving the creation of
new streets.
(6)
No street
frontage (access strip) of any flag lot shall be located within 500
feet of the access strip of any other flag lot on the same side of
the street.
(7)
The geometry
of any flag lot shall be such that the lot shall accommodate, entirely
within its lot lines, a circle with a diameter of not less than 300
feet, and no portion of the required access strip shall be included
within the circle.
[Added 6-1-1999 by Ord. No. 0:99-6]
A.
Antennas or towers
shall be located on property owned, leased or otherwise controlled
by the Township of Harmony or the Harmony Township Volunteer Fire
Company, provided that a license or lease authorizing such antenna
or tower has been approved by the applicable agency. The decision
to extend such lease shall be vested solely with the applicable agency
and shall not be governed by this section. Antennas or towers constructed
on said properties shall be subject to the following conditions:
(1)
Maximum height:
140 feet, except where more than one set of commercial transmitting/receiving
antennas are collocated on a tower, the total height of the tower
shall not exceed 198 feet, measured as the overall height, including
antennas and any other appurtenances.
(2)
The minimum
height of a security fence shall be 6 feet and the maximum height
shall be 8 feet, exclusive of barbed wire on top.
(3)
Equipment
shelters constructed in association with antennas or towers located
on properties as described above shall maintain a maximum 15-foot
setback from the base of the structure and shall be appropriately
landscaped to minimize visual impact on neighboring properties.
B.
Existing structures
located on lands owned or otherwise controlled by the Township of
Harmony or the Harmony Township Volunteer Fire Company may be utilized
for the placement of antennas subject to the following conditions:
(1)
The added
equipment shall not extend higher than 75 feet above the existing
structure upon which said equipment is to be placed.
(2)
The added
equipment shall not protrude beyond the existing sides of the structure
more than 5 feet and must not violate existing setbacks.
(3)
Equipment
shelters constructed in association with antenna or towers located
on an existing structure as described above shall maintain a minimum
15-foot setback from the base of the structure and shall be appropriately
landscaped to minimize visual impact on neighboring properties.
C.
Existing towers
may be utilized for the placement of antennas subject to the following
conditions:
(1)
A tower which
is modified or reconstructed to accommodate the collocation of an
additional antenna shall be of the same type as the existing tower
unless the Harmony Township Land Use Board allows reconstruction as
another type of structure.
(2)
An existing
tower may be modified or rebuilt to a taller height, not to exceed
the maximum tower height established by this section.
(3)
The height
change referred to above may only occur one time per such additional
user of the tower, up to a maximum of three times per tower.
(4)
A tower which
is rebuilt to accommodate the collocation of an additional antenna
may be moved on site within 50 feet of its existing location.
(5)
After the
tower is rebuilt to accommodate collocation, only one tower may remain
on site.
D.
Towers and antennas
shall be permitted in all zone districts subject to the following
conditions:
(1)
Minimum lot
size: five acres.
(2)
Minimum front
yard setback: 50 feet or height of the structure, whichever is greater.
(3)
Minimum side
yard setback: 50 feet or height of the structure, whichever is greater.
(4)
Minimum rear
yard setback: 50 feet or height of the structure, whichever is greater.
(5)
Minimum distance
to residential structures, public or private schools or houses of
worship: 600 feet or 300% of the height of the tower, whichever is
greater.
(6)
Minimum distance
to residentially zoned property: 500 feet or 300% of the height of
tower, whichever is greater.
(7)
Minimum distance
to non-residentially zoned lands or structures other than the I Industrial
Zone or structures located within the I Industrial Zone: 120% of the
height of the tower from the adjoining lot line.
(8)
Minimum distance
to nearest tower: 1,000 feet.
E.
Collocation and
other site priorities. It shall be required that the applicant first
pursue the potential for collocation of its wireless communications
facilities on existing communications towers within the Township prior
to the construction of an entirely new tower in order that the total
number of towers within the Township shall be minimized while achieving
the wireless communications service goals of the applicant. In that
regard, it shall be required that the applicant, if unsuccessful in
securing a collocation agreement with the owner of an existing wireless
communications tower, demonstrate, with specificity and documentary
evidence, the efforts made to achieve collocation, the results of
those efforts and the reasons for the applicant's inability to do
so. In the event of the inability of an applicant to establish its
wireless communications facilities collocated with the existing facilities
of an already established wireless communications provider, the second
priority site shall be the location of the proposed wireless communications
facilities on an existing electric transmission tower within the Township.
F.
Electronic equipment
shelter buildings. All electronic equipment shelter buildings or structures
established in support of a new site to be devoted to wireless communications
facilities shall be limited to an area of 600 square feet. In the
event that use of the site becomes shared with a collocating wireless
communications provider, there shall be permitted a maximum increase
in overall area of existing electronic equipment shelter buildings
of 200 square feet for each such subsequent collocating wireless communications
provider.
G.
Design standards
for towers and antennas. The following design standards shall apply
and be considered part of the site plan review process and require
approval pursuant to N.J.S.A. 40:55D-46 and N.J.S.A. 40:55D-50:
(1)
Aesthetics.
Towers and antennas shall, at the discretion of the Township Land
Use Board, meet the following requirements:
(a)
Towers
shall either maintain a galvanized steel finish subject to any applicable
standards of the FAA or the Township Land Use Board or be painted
a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower
site, the design of the buildings and related structures shall, to
the extent possible, use materials, colors, textures, screening and
landscaping that will blend them into the natural setting and surrounding
buildings, and shall be located behind existing structures, buildings
or terrain features which will shield the buildings and related structures
from view.
(c)
If an
antenna is installed on a structure other than a tower, the antenna
and supporting electrical and mechanical equipment must be at a neutral
ratio that is identical to, or closely comparable with, the color
of the supporting structure so as to make the antenna and related
equipment as visually unobtrusive as possible.
(2)
Lighting.
No lighting shall be permitted except as follows, which shall be subject
to review and approval of the appropriate land use board as part of
the site plan applications.
(a)
A building
enclosing electronic equipment may have one light at the entrance
to the building, provided that the light is attached to the building,
is focused downward and is switched so that the light is turned on
only when workers are at the building.
(b)
No lighting
is permitted on a tower except lighting specifically required by the
FAA.
(c)
Any such
required lighting shall be focused and shielded to the greatest extent
possible so as not to project toward adjacent and nearby properties.
(3)
State and
federal requirements. All towers must meet or exceed current standards
and regulations of the FAA, the FCC and any other state or federal
agency with the authority to regulate such uses, and when such raised
standards and regulations are changed, then the owners of the towers
and antennas governed by this section shall bring such towers and
antennas into compliance with such revised standards within six months
of the effective date of such standards and regulations, unless a
different compliance schedule is mandated by the controlling state
or federal agency. Failure to bring towers and antennas into compliance
with such revised standards and regulations shall constitute grounds
for the immediate removal of the tower or antenna at the owner's expense.
(4)
Building
codes. To ensure the structural integrity of towers, the owner of
a tower shall ensure that it is maintained in compliance with standards
contained in applicable state or local building codes and the applicable
standards for towers that are published by the Electronic Industries
Association, as amended from time to time. If, upon inspection, the
Township of Harmony concludes that a tower fails to comply with such
codes and standards and constitutes a danger to persons or property,
then upon notice being provided to the owner of the tower, the owner
shall have thirty calendar days to bring such tower into compliance
with such standards. Failure to bring such tower into compliance within
said thirty calendar days shall constitute grounds for the immediate
removal of the tower or antenna by the owner/lessee or by the Township
at the owner's expense.
(5)
Signs. No
signs shall be allowed on the antenna or tower except as may be required
by the FAA or FCC or as required or permitted by the Land Use Board.
(6)
Electronic
equipment buildings. Any proposed building related to electronic equipment
shall not be more than fifteen feet in height nor more than six hundred
square feet in area, and only one such building shall be permitted
on the lot for each provider of communications services located on
the site.
(7)
Parking.
Minimal off-street parking shall be permitted as needed and approved
by the appropriate land use board.
(8)
Security.
All towers shall be designated with anti-climbing devices in order
to prevent unauthorized access. Additionally, any tower supporting
cellular or other wireless tower antennas and any building enclosing
related electronic equipment shall be surrounded by a fence between
six feet and eight feet high, excluding barbed wire. The fence shall
be bordered by a double stepped row of evergreen conifer trees of
at least eight feet tall at the time of planting and shall be planted
ten feet on center.
(9)
Interference
with public safety communications. No cellular or other wireless antenna
and/or its related electronic equipment shall interfere with any public
safety communications.
(10)
Noise.
Noise levels at any property line shall not exceed fifty decibels
or current noise standards promulgated by the State of New Jersey,
whichever is less.
(11)
Generators.
Any generator located on site shall be enclosed within a portion of
the electronic equipment building. Any fuel storage shall be done
in compliance with federal and state regulations and shall be limited
to fuel stored within the primary fuel tank provided by the manufacturer
of the generator. No auxiliary or supplementary fuel storage shall
be permitted.
H.
General requirements
for towers and antennas.
(1)
Principal
or accessory use. Antennas and towers shall be considered either principal
or accessory uses. Notwithstanding any other Township land use regulations,
an existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot. If a tower and its appurtenant
structures constitute the sole use of the lot, the tower shall be
deemed to be the principal use. If a tower and its appurtenant structures
are not the sole use of the lot, the tower shall be deemed an accessory
use.
(2)
Lot size.
For purposes of determining whether the installation of a tower or
antenna complies with the zone district development regulations, including
but not limited to setback requirements, lot coverage requirements
and other such requirements, the dimensions of the entire lot shall
control even though the antennas may be located on leased parcels
within such lot.
(3)
Facility
abandonment. In the event that any tower is abandoned or not operated
for a period of one year, the same shall be removed within sixty days'
notice by the Township at the sole expense of the owner. The owner
shall provide a performance bond and/or other assurances satisfactory
to the appropriate land use board and the Township Committee that
will cause the antennas, the supporting tower, the auxiliary building
enclosing related electronic equipment and all other related improvements
to the land to be removed at no cost to the Township.
I.
Site plan submission
and approval requirements. In addition to the applicable documentation
and items of information required for major site plans within the
Harmony Township Site Plan Review Ordinance[1], the following additional documentation and items of information
shall be required as part of any cellular tower site plan application:
(1)
A scaled
site plan clearly indicating the location, type and height of the
proposed tower, on-site land uses and zoning, adjacent land uses and
zoning (including when adjacent to other municipalities), adjacent
roadways, proposed means of access, setback from property lines, elevation
drawings of the proposed tower and other structures, topography, woodlands,
tree lines, buffers or significant topographic terrain features, parking
and other information deemed necessary to assess compliance with this
section.
(2)
The setback
between the proposed tower and the nearest residential unit.
(3)
Documentation
by a qualified expert regarding the capacity of the proposed tower
for the number and type of antennas.
(4)
Documentation
by a qualified expert that any proposed tower will have sufficient
structural integrity to support the proposed antennas and the anticipated
future collocated antennas in all anticipated wind and/or ice loading
conditions and that the structural standards developed for antennas
by the Electronic Industries Association (EIA) and/or the Telecommunication
Industry Association have been met.
(5)
A letter
of intent by the applicant, in a form acceptable to the Township Committee,
indicating the applicant will share the use of any tower with other
approved cellular or other wireless communications services. Additionally,
the applicant shall make available to subsequent colocators, any space
in the applicant's existing equipment building or, if no additional
space is available to address the needs of the proposed colocator,
the applicant shall make available a portion of the site for construction
of an additional equipment building for the use of the proposed colocator.
(6)
A visual
sight distance analysis graphically simulating the appearance of any
proposed tower and indicating the view from at least five locations
around and within one mile of the proposed tower where the tower will
be most visible.
(7)
An overall
comprehensive plan indicating how the applicant intends to provide
full service throughout the Township and, to the greatest extent possible,
how its plan to provide full service specifically relates to and is
coordinated with the needs of all other providers of cellular communications
services within the Township of Harmony. Specifically, the plan shall
indicate the following:
(a)
How the
proposed antenna relates to the location of any existing towers within
the Township of Harmony.
(b)
How the
proposed location relates to the anticipated need for additional antennas
and supporting towers within and near the Township of Harmony by the
applicant and by other providers of cellular communications services
within the Township.
(c)
How the
proposed location relates to the objective of allocating the antennas
of many different providers of cellular or other forms of wireless
communication services on the same tower.
(d)
How the
proposed location relates to the overall objective of providing full
cellular or other wireless or other forms of wireless communications
services with the Township of Harmony while, at the same time, limiting
the number of towers to the fewest possible.
(e)
A radio
frequency (RF) emissions report from a qualified expert detailing
latent site emissions.
(8)
Upon completion
of the construction of the facility, as-built drawings (plans and
profiles) certified by a professional engineer licensed by the State
of New Jersey shall be submitted showing all improvements, appurtenances,
structures and conditions at the time of preparation.
(9)
No modifications
and/or additions to the facilities which were the subject of an approved
site plan shall be made without subsequent application to, review
and approval of an amended site plan showing such modifications or
additions.
(10)
The applicant
shall protect and preserve by deed restriction, which shall be subject
to the approval of the Township Attorney, all existing, proposed and/or
required buffers subject to reasonable construction easements to facilitate
completion of all proposed improvements.
(11)
Commercial
wireless communications antennas and equipment, including towers,
which have not been in use for commercial wireless communications
purposes for a period of six months shall be removed by the property
owner. This removal shall occur within sixty days of the end of such
six-month period. Upon removal, the site shall be cleared and restored.
Any and all costs of removal shall be the sole responsibility of the
property owner. If the property owner fails to remove the unused equipment
within the specified time period, the Township of Harmony may undertake
such removal and the property owner shall be liable for all of the
Township's costs for removal and any additional costs incurred by
the Township to recover its costs, including attorney's fees, if applicable.
(12)
The road or drive leading to all electronic equipment shelter buildings shall be designed and constructed of suitable width so as to permit the safe passage of fire-fighting and emergency equipment. The access drive or roadway shall be continuously maintained so as to provide for suitable and safe access by these vehicles, which shall include the obligation of the applicant to periodically trim and remove brush, weeds or other vegetation as required. The security fence which encloses electronic equipment shelter buildings as provided for Subsection G (8) herein, shall be secured by a lock or locking mechanism. The Township Fire Department shall be provided either the key or security code, whichever the case may be, in order to obtain access to the building in the event of an emergency.
