In recognition of innovations and changes in
the technology of residential land development which can be beneficial
to the future well-being of the Township but which benefits are unlikely
to be realized through the uniform treatment of area, yard and building
requirements on a lot-by-lot basis and also in recognition of certain
uses which are necessary to serve the needs and convenience of the
Township but which uses may be or become inimical to the public health,
safety and general welfare by reason of their inherent nature and/or
operation and, therefore, require special and proper consideration
of existing and probable future conditions and characteristics of
the surrounding area, this chapter provides that such uses are declared
to be conditional uses.
Uses which are specifically authorized in this chapter as conditional uses may be permitted in the particular zone where authorized (Article
II, Use Regulations) if found appropriate in the specific location and circumstances upon the approval of such conditional use by the Land Use Board pending site plan review, and such conditional use shall adhere to the minimum standards specified for that particular use by the applicable regulations of this chapter and shall further conform to such other conditions and requirements as may be stipulated in the approval of the conditional use.
In its consideration of an application for a
conditional use, the Board shall duly consider and take its action
within the frame of reference established by the following guiding
principles:
A. Such use shall
be one which is specifically authorized as a conditional use in the
zone within which such particular site is located.
B. Such use shall
not be contrary to the purpose of this chapter and such use will be
beneficial toward achievement of the objectives of the Township.
C. Such use shall adhere to the minimum standards specified for that particular use by the Schedule of Area, Yard and Bulk Regulations (§
525-20), the specific regulations for conditional uses found in this Article and all other applicable regulations of this chapter.
D. The design, characteristics
and operation of the use shall be such that the public health, safety
and general welfare will be protected and reasonable consideration
is afforded to the following:
(1) Existing
and probable future character of the neighborhood.
(2) Conservation
of property values.
(3) Traffic safety
and road capacities.
(4) The existing
physical environment.
E. For every such
use the Board shall make its findings supported by evidence produced
at a public hearing in the manner provided by law.
F. For every such use the Board shall determine that the design and operation of the use shall meet the standards of this chapter and principals of good engineering and design through the process of site plan review in accordance with Chapter
376, Site Plan Review.
[Added 2-1-2005 by Ord. No. 05-2]
A. Purpose. The purposes of the land use and development of the municipality as set forth in §
525-2 would be furthered by permitting reduction in lot area of individual lots in the case of certain residential developments, but only where such developments of single-family detached dwellings provide compensating open space.
B. Procedure to
determine density. The maximum number of lots permitted under the
clustering concept shall be no greater than the maximum number of
lots permitted with a conventional development of the site. A qualifying
map shall be prepared which shall indicate the number of conventional
lots which would be available by conventional subdivision.
C. Evaluation criteria.
In evaluating the layout of lots and open space, the following criteria
will be considered by the Land Use Board as indicating design appropriate
to the site's natural, historic and cultural features and meeting
the purposes of this section. Diversity and originality in layout
shall be encouraged to achieve the best possible relationship between
development and conservation areas. Accordingly, the Land Use Board
shall evaluate proposals to determine whether the proposed conceptual
plan:
(1) Protects
and preserves all floodplains, wetlands and steep slopes from clearing,
grading, filling or construction (except as may be required for essential
infrastructure or active or passive recreation amenities).
(2) Preserves
and maintains mature woodlands, existing fields, pastures, meadows
and orchards and creates sufficient buffer areas to minimize conflicts
between residential and agricultural uses.
(a) If development
must be located on open fields or pastures because of greater constraints
in all other parts of the site, dwellings should be sited on the least
prime agricultural soils or in locations at the far edge of a field
as seen from existing public roads.
(b) Other
considerations include whether the development will be visually buffered
from existing public roads, such as by a planting screen consisting
of a variety of indigenous native trees, shrubs and wildflowers.
(3) Maintains
or creates an upland buffer of natural native species vegetation of
at least 100 feet in depth adjacent to wetlands and surface waters,
including creeks, streams, springs, lakes and ponds.
(4) Designs around
existing hedgerows and tree lines between fields or meadows; minimizes
impacts on large woodlands (greater than five acres), especially those
containing many mature trees or a significant wildlife habitat or
those not degraded by invasive vines. Also, woodlands of any size
on highly erodible soils with slopes greater than 10% should be avoided.
However, woodlands in poor condition with limited management potential
can provide suitable locations for residential development. When any
woodland is developed, great care shall be taken to design all disturbed
areas (for buildings, roads, yards, septic disposal fields, etc.)
in locations where there are no large trees or obvious wildlife areas
to the fullest extent that is practicable.
(5) Leaves scenic
views and vistas unblocked or uninterrupted, particularly as seen
from public roadways. This is to be accomplished through the following:
(a) In open
agrarian landscapes, a deep no-build, no-plant buffer is to be incorporated
along the public roadway where those views or vistas are prominent
or locally significant.
(b) In wooded
areas where the sense of enclosure is a feature that should be maintained,
a deep no-build, no-cut buffer is to be established to preserve existing
vegetation.
(c) Visible
building siting must avoid siting on prominent hilltops.
(6) Protects
wildlife habitat areas or species listed as endangered, threatened
or of special concern by the United States Environmental Protection
Agency and/or by the New Jersey Department of Environmental Protection.
(7) Designs around
and preserves sites of historic, archaeological or cultural value
and their environs insofar as needed to safeguard the character of
the feature, including stone walls, spring houses, barn foundations,
cellar holes, earthworks, burial grounds, etc.
(8) Protects
rural roadside character and improves public safety and vehicular
carrying capacity by avoiding development fronting onto existing public
roads. Establishes buffer zones along the scenic corridor or rural
roads with historic buildings, stone walls, hedgerows, etc.
(9) Landscapes
common areas (such as community greens), cul-de-sac islands and both
sides of new streets with native species shade trees and flowering
shrubs with high wildlife conservation value.
(10) Provides
active recreational areas in suitable locations offering convenient
access by residents and adequately screened from nearby house lots.
(11) Includes
a pedestrian circulation system designed to assure that pedestrians
can walk safely and easily on the site, between properties and activities
or special features within the neighborhood open space system. All
roadside footpaths should connect with off-road trails, which in turn
should link with potential open space on adjoining undeveloped parcels
(or with existing open space on adjoining developed parcels, where
applicable.)
(12) Provides
open space that is reasonably contiguous and whose configuration is
in accordance with this section. For example, fragmentation of open
space should be minimized so that these resource areas are not divided
into numerous small parcels located in various parts of the development.
To the greatest extent practicable, this land shall be designed as
a single block with logical, straightforward boundaries. Long thin
strips of conservation land shall be avoided, unless the conservation
feature is linear or unless such configuration is necessary to connect
with other streams or trails. The open space shall generally abut
existing or potential open space land on adjacent parcels and shall
be designed as part of larger contiguous and integrated greenway systems.
D. Design criteria.
Each conceptual plan shall clearly demonstrate that the following
design parameters have been incorporated into the subdivision design:
(1) Designating
the open space. All potential open space areas are identified with
a clear statement as to effects on the goals set forth to preserve
the features enumerated above. Open space shall be incorporated into
a single large lot which is available to a single owner. Open space
shall be covenanted to prevent further subdivision and to preserve
the quality and features.
(2) Location
of house sites. Potential house sites shall be tentatively identified
which shall show how each site meets the evaluation criteria enumerated
above.
(3) Street and
lot layout. All lots and access streets shall be located in a way
that avoids or at least minimizes adverse impacts on conservation
areas.
E. In order to develop
single-family detached dwellings with no common open land as a conventional
development on a property with a lot area of 25 acres or more, the
applicant must demonstrate to the Land Use Board's satisfaction that
all of the following conditions are met, where applicable:
(1) The tract in question is unsuitable for cluster development due to factors such as the size or shape of the tract or the location of natural features, and the purposes for a cluster development as set forth in §
525-48A and the evaluation criteria established in §
525-48C are not applicable to the applicant's site.
(2) Where the
property is wholly or partially in agricultural use, that the property
is not feasible for continued or future agricultural use due to its
physical characteristics. Existing features such as soil conditions,
rock outcroppings, wooded areas, the tract's shape or size, past farming
activities and suitability for efficient use of farm machinery shall
be considered.
(3) The proposed
conventional development will not have a disruptive effect on the
existing topography, steep slopes, floodplains, wetlands, mature woodlands
or other natural features on the site.
(4) An environmental
impact statement and visual inventory of the site have been submitted.
(5) The proposed
conventional development shall be consistent with good design principles
and land development practices. Specifically, it shall be designed
to minimize view of dwellings from exterior roads and to avoid stripping
out of lots along these roads.
(6) The tract
in question can be developed in a manner consistent with community
goals as expressed in the Harmony Township Master Plan.
F. Area, lot and bulk regulations applicable to cluster development are specified in the Zoning Schedule, §
525-20.
[Added 2-15-2012 by Ord. No. 11-12; amended 10-8-2019 by Ord. No. 19-11; 2-7-2023 by Ord. No. 23-01]
Solar production systems shall conform to the following provisions:
A. Purpose. The primary purpose of this section is to provide regulations
for the construction and operation of commercial solar facilities
in the Township, subject to reasonable restrictions, which will preserve
the public health and safety.
B. Objectives. The purpose and objectives of this section regulating
solar energy systems are as follows:
(1) Protect residential areas and land uses from the potential adverse
quality-of-life impacts of solar production systems;
(2) Encourage the location of solar production systems on disturbed areas,
municipal property and nonresidential areas or along major transportation
corridors;
(3) Appropriately manage the total number of commercial solar systems
throughout the community;
(4) Encourage the location of commercial solar production systems in
areas where the adverse quality-of-life impact is minimized;
(5) Encourage the location of solar production systems in a way that
minimizes their adverse visual impact through careful design, siting,
landscaping, screening, and innovative camouflaging; and
(6) Enhance the ability of the providers of commercial solar energy to
provide such services to the community effectively and efficiently.
C. Site plan submission and approval requirements. Any applicant proposing a solar production system as herein defined must obtain preliminary and final site plan approval in accordance with Chapter
376, Site Plan Review, in addition to satisfying the following requirements.
D. Bulk zoning and use requirements.
(1) In order to minimize the removal of forest siting, priority is for
land that has been cleared for at least five years prior to the proposal.
(2) In no event shall a lot have more than 10% of the existing forested
portion thereof cleared for ground-mounted solar production systems.
(3) The minimum lot size must equal at least six acres per each megawatt
(MW) of electrical energy produced.
(4) No more than 80% of a lot may be devoted to a ground-mounted solar
production system.
(5) All ground-mounted solar production systems shall be set back a distance
of 75 feet from all property lines and street right-of-way lines and
within which no solar panels, inverters, interconnection equipment
or other devices or facilities related to the use shall be located.
(6) Ground-mounted arrays shall not exceed a height of 15 feet.
(7) Ground-mounted solar panels and solar arrays shall not be considered
to be an impervious surface, for the purpose of compliance with stormwater
management regulations, unless installed above an imperious surface.
E. Design standards. The site plan shall conform with the following design standards in addition to the requirements in Chapter
376, Site Plan Review, §
376-11, Design standards.
(1) Facilities and associated equipment shall not be used for displaying
any advertising except for reasonable identification of the manufacturer,
or operator of the system. In no case shall any identification be
visible from a property line.
(2) Facilities and associated equipment shall not significantly impair
a scenic vista or scenic corridor as identified in the Township's
Master Plan or other published source.
(3) Wires, cables and transmission lines running between the facility
and any other structure shall be installed underground. However, interconnection
services between the solar facility and the utility transmission lines
may be constructed above ground.
(4) Careful design shall be utilized when siting access roads in order
to minimize lot coverage and the distance from public roads.
(5) Facilities shall use semipervious materials for access roads such
as gravel to minimize stormwater runoff.
(6) All ground-mounted electrical and control equipment shall be labeled
and secured to prevent unauthorized access.
(7) All solar production systems shall be screened from view of all public
streets by buildings and/or a fifty-foot buffer of dense evergreen
plant material and/or fences as deemed necessary by the Land Use Board
to achieve the intended buffer.
(8) Ground-mounted solar systems should include a landscape plan indicating
the seed mix to be used as ground cover beneath the solar arrays.
An ideal seed mix shall consist of 100% native noninvasive species
that are low maintenance, promote/aid the local wildlife and do not
grow to the height of the bottom of panels.
(9) Each fenced area shall be provided with a minimum of two access gates.
Each gate shall have a minimum width of 12 feet.
(10)
Gravel access drives shall be provided within the fenced area
around the perimeter of the facility and at a minimum spacing of 400
feet.
(11)
The solar panels shall be spaced to provide a minimum clearance
between panels of six feet to permit access for a side-by-side UTV.
(12)
A Knox-Box® shall be provided
on the main gate into each fenced area enclosing the solar facility.
Knox-Box® keying shall be in accordance
with requirements of the Fire Chief.
(13)
Access to the main shutoff shall be provided to the Fire Company.
(14)
The approval of the Fire Chief shall be obtained prior the facility
being operated.
F. Facility abandonment.
(1) Solar production systems and associated equipment which have not
been in use for commercial production and sale for a period of six
consecutive months shall be removed by the property owner. Additionally,
all equipment buildings, related facilities, fencing, utility connections
and access driveways shall be removed and the site restored to its
predevelopment condition. This removal shall occur within 60 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. In order to ensure compliance
with these requirements, the owner shall provide a performance bond
and/or other assurances satisfactory to the Land Use Board and the
Township Committee to cover the cost of removal of the facility, associated
equipment and any other related improvements to the land which are
required to be removed. The amount of the performance guaranty shall
be 120% of the estimated cost of removal and shall be subject to the
approval of the Township Engineer. Failure to remove an abandoned
solar facility shall entitle the Township to remove same at the owner's
expense and to assess the property owner for all reasonable costs
incurred.
(2) In the event a bond is not available of a term adequate to serve
its intended purpose or if the developer so elects, the developer
may post a cash performance guaranty to assure site restoration in
the event of abandonment of the project. The amount of the cash deposit,
which shall be placed in escrow with the Township of Harmony in an
interest-bearing account, shall be determined as follows. The developer's
engineer shall prepare a restoration cost estimate, which may take
into account the salvage value of the facilities at the time of site
restoration and deduct that amount from the total cost of restoration.
That estimate shall then be submitted to the Township Engineer who
shall then review and approve or modify the amount as he deems necessary.
The total amount of the cash performance guaranty shall then be divided
by either the projected useful life of the project or the initial
term of the lease if the developer is not the property owner, whichever
term shall be lesser. The total amount of performance guaranty shall
be divided by that number of years to result in the annual cash deposit
requirement to be posted with the Township of Harmony.
[Added 3-2-1993 by Ord. No. 0:93-3]
A. Conditional uses
in all zone districts. There shall be permitted as a conditional use
in all zone districts in the Township of Harmony and upon prior approval
thereof by the Land Use Board pursuant to N.J.S.A. 40:55D-67 emergency
warning signal device systems (either individual units or chains or
groups of units electronically interconnected), the purpose of which
shall be to provide early notification and warning to 100% of the
threatened population of an actual or imminent risk to the public
health and safety on account of any natural or man-made disaster,
event or risk.
B. Specifications
and standards.
(1) The specifications
and standards applicable to the conditional use and which must be
affirmatively found by the Land Use Board to have been satisfied prior
to the granting of a conditional use permit therefor shall be as follows:
(a) The proposed
use shall benefit the general public by the protection of the public
health and safety through early notification of actual or potential
risks to the public health and safety.
(b) The site
chosen for the proposed use shall be appropriate for its intended
use in order that the signal device on that particular site and/or
those on other sites in the Township shall provide for 100% notification
of the threatened population.
(c) The signal
device shall be installed on structures located outside of or at a
greater elevation than the projected area of floodwater inundation.
(d) Where
practicable or feasible, the signal device shall be located in areas
of highest ambient noise levels and shall be removed, to the greatest
extent practicable, from nearby residences.
(e) The signal
device (and/or the system of signal devices) shall achieve a minimum
audible warning signal strength throughout the threatened area of
(75) dB ("A" scale).
(f) The signal
device shall be of such a design and construction and/or shall be
so located so as to not expose any member of the public to a signal
maximum sound level exceeding (123) dB ("A" scale).
(g) The signal
device shall be designed and constructed so as to be reasonably safe
and secure from tampering, vandalism and risk to the public health
and safety on account of exposure to energized electrical devices
or the ability to climb the structure upon which the device is mounted.
(h) Upon approval
of the application and the granting of a conditional use permit therefor,
the applicant shall engage in a program of public information, including
notification to the Township emergency services providers, of the
purpose, operating modes (signal characteristics) and testing schedule
of the signal device.
(i) The applicant
shall cooperate with the Warren County Office of Emergency Management
(OEM) and with the providers of the emergency services in the Township
of Harmony in order that a written plan and specifications for use
of the emergency warning devices, including an approved (by all agencies
having jurisdiction thereof) evacuation procedures plan, may be established
by the OEM.
(j) The applicant
shall demonstrate that the emergency warning device or system is characterized
by such redundancy and protective measures which reasonably assure,
in accordance with prevailing practices attending such systems, its
ability to function when the need for the same arises.
(k) The maximum
overall height of the signal device, including its mounting system
(tower, pole, etc.), shall not exceed 65 feet, unless it shall be
clearly demonstrated to the Land Use Board that a greater height is
reasonably necessary to enable the device to serve its intended purpose,
in which event the Land Use Board may approve a greater height, but
in no event a height in excess of 75 feet above the level of prevailing
terrain.
(2) The ability
of the Land Use Board to approve an overall height in excess of 65
feet but no greater than 75 feet shall be considered as within the
range of the conditional use standards and specifications for maximum
or overall height and shall not necessitate a variance pursuant to
N.J.S.A. 40:55D-70c (N.J.S.A. 40:55D-60a) therefor.
(3) The applicant
shall demonstrate to the Land Use Board that a plan of ownership,
maintenance and operational responsibilities exists so as to assure
the continuing ability of the emergency warning signal device system
to function when the need for the same arises.
[Added 3-5-1996 by Ord. No. 0:96-4]
A. Lot size reduction. The Land Use Board, where permitted by §§
525-9 through §
525-13, may approve a subdivision employing the use of lot size averaging, as defined in this chapter, when the reduction in the size of some lots and the corresponding increase in the size of other lots will result in a more logical development pattern, for reasons which may include site constraints such as wetlands and buffers, floodways, flood fringes and associated buffers, slopes greater than or equal to 15%, rock outcroppings, high seasonal groundwater and shallow depth to bedrock, septic effluent disposal limitations, limited groundwater yield or other physical features. The deed for any lot so created shall contain a restriction against its further subdivision for the purpose of creating an additional lot or lots, except when such further subdivisions would be allowed by amendment to this chapter.
B. Criteria for
minimum lot size reduction. The Land Use Board shall not approve any
subdivision involving a reduction in the minimum lot size requirements
unless said subdivision meets all of the following criteria and standards:
(1) The minimum
size of the tract shall be 25 acres.
(2) The subdivision
shall not result in any greater number of lots than would be yielded
by conventional subdivision (without lot reduction), as demonstrated
by a concept plan of such a conventional subdivision.
(3) Each lot
shall have a gross lot area of not less than 2/3 of the minimum required
lot size required in the zone.
(4) All lots
shall meet the minimum requirements within the zone but shall also
include within each lot an area which is free of constraints. The
constraint-free area shall meet the following requirements:
(a) Where
the lot is served by water and sewer, the minimum constraint-free
area shall be one-half-acre (21,780 square feet).
(b) Where
the lot is not to be served by water and sewer, the minimum constraint-free
area shall be 3/4 of an acre (32,670 square feet).
(c) Not less
than 1/2 of the constraint-free land shall be outside the minimum
required yards.
(d) The constraint-free
area shall be contiguous and shall be of such a shape that the length
to the width shall not be in a ratio of greater than four to one (4:1).
(e) The Land
Use Board shall have the authority to allow, in certain specific instances,
variations from the shape parameters and the requirement that the
constraint-free area be contiguous, provided that the applicant can
demonstrate that a dwelling can be constructed on the parcel having
the following improvements in constraint-free areas:
[1] A primary
and reserve septic system.
[2] A well
meeting the one-hundred-foot minimum required isolation distance from
the septic system.
[3] Area
for the dwelling with an area adjacent to the dwelling for recreation
purposes.
[4] Area
adjacent to the dwelling for the maneuvering of automobiles.
[5] In
no case shall the constraint-free area be less than the minimum required
herein.
[6] Each lot shall be served by a driveway meeting the requirements of Chapter
194, Driveways.
[7] Development
in a lot-reduction subdivision shall be limited to single-family detached
dwellings.
[8] All
lots exceeding the required minimum lot area for the zoning district
shall be deed-restricted against further subdivision.
[Added 8-1-1995 by Ord. No. 0:95-7; amended 3-5-1996 by Ord. No. 0:96-4]
A. All recycling operations shall be conducted within enclosed buildings which shall be designed to comply with the requirements of Article
VII, Performance Standards (§§
525-39 through
525-41).
B. The storage of
any material out of doors shall be prohibited.
C. All residue shall
not be stored on the site for periods exceeding one month and shall
be removed from the site in accordance with the currently effective
solid waste flow rules.
D. At no time shall
any hazardous waste, as defined in current New Jersey Department of
Environmental Protection regulations or laws of the state, be received,
stored, processed or transferred at the recycling center.
E. Only the amount
of material which can be processed by the recycling establishment
within a one-month period shall be stored on site. Storage of such
material shall not exceed one month.
F. The Land Use
Board shall determine that the following specific performance standards
shall be met:
(1) The receipt,
storage, processing or transfer of recyclable material shall be conducted
in a manner consistent with the protection of public health, safety
and the environment.
(2) The length
of time required for processing of the material shall not exceed that
which is reasonably necessary, as dictated by the process (mechanical,
natural, etc.) used to recycle the material.
(3) The activity
shall minimize the degradation of existing lifestyles of residents
of the community. This shall be determined based on the effect on
existing transportation patterns, ambient acoustical conditions, drainage
and soils characteristics, surface and groundwater quality and odor
production and similar considerations.
(4) All material
brought onto the site is to be removed, and no material is to be retained
or used on the site in such a manner that it would prohibit removal.
[Added 8-9-1994 by Ord. No. 0:94-7]
A. Elder housing
cottage opportunity (ECHO) units shall be permitted as a conditional
use as accessory structures and uses in all residential zone districts,
provided that the following shall apply:
(1) Each such
unit shall consist of a single dwelling unit not to exceed 750 square
feet in interior area, on a single level, constructed so as to be
readily removable and owned or provided by a county, state or municipal
agency, which shall be responsible for its removal.
(2) ECHO units
may be erected only upon lots on which a single-family residence is
already located; may not be constructed within the front yard of any
lot; shall be constructed and removed in accordance with all applicable
ordinances, statutes and regulations; and shall be a conditional use
requiring approval of a site plan by the Land Use Board and as to
all other relevant details by the Health Officer, Fire Subcode Official
and Building Subcode Official of Harmony Township.
(3) An ECHO unit
shall be permitted only upon application to the Land Use Board by
the owner of the property upon which the principal residence unit
associated with the said ECHO unit is located. The ECHO permit shall
be renewable annually upon application of the owner of the property,
after certification by the Zoning Enforcement Official of the continuing
compliance by the permittee with the conditions of original issuance.
Notice of application for the original permit or any renewals shall
be served in accordance with the provisions of N.J.S.A. 40:55D-12.
(4) An ECHO unit
shall be occupied by no more than two people, who shall be related
to each other by blood or marriage, at least one of whom shall be
55 years of age or older and unable to live independently, and at
least one of whom shall be related by blood, marriage or adoption
to one or more of the persons residing in the principal dwelling associated
with the said ECHO unit.
(5) An ECHO unit shall not be erected on any lot unless the lot area is at least one acre. ECHO units shall in no case be erected within the front yard of the lot as elsewhere defined and, when erected in the side yard or rear yard, shall conform to all provisions of this Chapter
525, Zoning, establishing minimum side and rear yard setback requirements for principal structures for the zone district in which the lot is located, such that the outer walls of the ECHO unit shall be the prescribed distance from side or rear lot boundaries.
(6) ECHO units
shall conform to all other provisions of the Harmony Township Code
as to accessory structures; may be manufactured dwelling units as
elsewhere defined and regulated, provided that the width or shorter
horizontal dimension of the unit shall be no less than 22 feet; shall
be provided with adequate water supply and sewage disposal arrangements,
which may be by means of interconnections with the facilities of the
principal residence as approved by the Code Enforcement Official and
the Health Officer; and shall be erected upon a foundation of pressure-treated
wood or equivalent material which meets applicable construction codes
while allowing complete removal when the need for the unit ends.
(7) An ECHO unit
shall be removed from the premises upon the death of the dependent
occupant for whom permitted, unless the other occupant (if there be
such) and the resident in the principal dwelling specifically request
from the Land Use Board a continuation of the permit, or upon a permanent
change of residence of the said occupant or occupants. Removal shall
be completed within 90 days of such event. The site shall be restored
such that no visible evidence of the unit remains.
(8) Notwithstanding
any other provisions of the Harmony Township code, a site plan for
the construction of an ECHO unit shall be submitted to the Land Use
Board for approval prior to the issuance of any permit by a Zoning
or other Code Enforcement Official. The approval by the Health Officer
of all water and sewage disposal arrangements shall be required before
the Land Use Board shall act on the application.
(9) ECHO units
may not be constructed or erected within planned unit or planned unit
residential developments.
(10) The applicant
for permission to construct an ECHO unit shall submit a sketch plat,
which shall be to scale, showing the location of all existing or proposed
buildings, structures, drives, walkways and the layout of utility
services, including proposed water and sewer connections, plus landscaping
and screening if such are contemplated. Said sketch site plat shall
be endorsed in writing by the government agency which will own or
provide the ECHO unit. The said site plan sketch shall be of sufficient
detail and shall be submitted in sufficient numbers of copies to adequately
inform the Land Use Board concerning the proposal. The said plat shall
be reviewed by the Land Use Board and the Board engineer. The Board
engineer shall determine completeness.
(11) Applicable design guidelines set forth in Chapter
376, Site Plan Review, of the Code of the Township of Harmony shall guide the applicant in developing the site plan and the Board engineer in reviewing it.
(12) No fee
shall be required for submittal or review of such site plan. The application
shall not be deemed complete until approved by the Health Officer,
Fire Subcode Official and Building Subcode Official.
[Added 8-11-2003 by Ord. No. 03-5]
A. Windmills, wind
generators, and wind energy conversion systems shall be permitted
as a conditional use in all nonresidential zone districts, providing
the following shall apply:
(1) Windmills
and wind generators may be located upon an existing structure such
as a building, barn, silo, steeple, etc., which is an existing permitted
structure in the zone district in which same is located. Such equipment
shall have a maximum height not to exceed 10 feet above the highest
point of the structure and shall be designed, located and painted
so as to minimize the visibility thereof in order to blend in with
the structure and/or ambient views.
(2) All equipment
associated with the generator shall be contained within the structure
or within an existing accessory structure, as the first siting priority
or, if such location is not possible or feasible, within a new structure
to be constructed which shall be designed to simulate an accessory
structure normally incidental to the principle structure or use.
(3) If it is
not possible or practical, and the applicant so demonstrates to the
Land Use Board, to locate any such facilities in accordance with the
foregoing provisions, such facilities may be erected upon a freestanding
monopole tower, subject to the following additional conditions:
(a) No such
tower shall exceed an overall height of 35 feet unless the applicant
can clearly demonstrate to the Land Use Board that a greater height
is necessary due to conditions relating to the terrain, topography,
or the tree canopy prevailing in the upwind direction, in which case
the tower shall not exceed a height of 25 feet above the average height
of the tree canopy located within 1,000 feet upwind from the proposed
facility.
(b) In the
event that the applicant seeks to construct a facility exceeding the
thirty-five-foot maximum height limitation, the applicant shall demonstrate
to the Land Use Board that such additional height is necessary in
that the applicant is unable to remove the trees causing the interference
with air flow to the facility for reasons which include, but are not
limited to, such trees not being on property owned or controlled by
the applicant, the applicant has been unsuccessful, despite a diligent
effort to do so, to secure a tree-removal easement from the adjoining
property owner or the removal of such trees would result in greater
visibility of the tower than would the increased height.
(c) All such
towers should be located at a distance equal to or greater than the
height of the tower, including the highest point of any equipment
located thereon and including the blades of the wind generator, plus
50 feet from any front, side or rear property line.
(d) Wind generation
towers shall be sited on the applicant's property in order to have
the least visible and audible impacts on adjoining property owners,
motorists traveling on adjoining and nearby roadways, and so as to
minimize, to the greatest extent practicable, the long distance views
of and visual impacts from such structure.
(e) No such
tower should be located within an established buffer or conservation
easement area or within any dedicated open space upon any parcel of
land subject to dedicated development restrictions.
(f) No such
tower shall be located within one-quarter mile (1,320 feet) from another
existing tower, whether that existing tower be a radio, wireless telephone,
cellular or other form of wireless communications tower or such existing
tower be another wind generator structure.
(g) No such
tower shall be located within 600 feet from the following: an existing
residence, a public park, a playground, a public building, a public
or private school, a municipally owned building or facility, a library,
a house of worship, or any land subject to development restrictions
intended to preserve agricultural uses.
B. Design standards.
(1) Security.
All towers shall be designed and constructed within anticlimbing devices
in order to prevent unauthorized access thereto.
(2) Electrical
interference. No such electrical generating equipment shall cause
any electrical magnetic (e.m.) interference with radio, television,
or other wireless communications, devices or equipment located or
operated in proximity thereto.
(3) Noise. Noise
levels from the facility shall be such as to not be discernible beyond
the property lines of the site upon which the facility is located.
(4) Maintenance.
All towers shall be maintained as to assure their structural integrity
and so as to maintain an appropriate aesthetic appearance in order
to avoid a visual nuisance.
(5) Abandonment.
In the event of cessation of the use of the facility for 12 or more
consecutive months, the structure and use shall be deemed abandoned
and same shall be removed from the site and the site restored to predevelopment
conditions by the property owner.
(6) Lighting.
No lighting shall be permitted on any such tower except for such lighting
specifically required by the Federal Aviation Administration (FAA).
(7) Equipment
shelter buildings. All wind generator equipment shelter buildings
or structures established in support of the use shall be limited to
an area of 100 square feet and shall have a maximum height of 15 feet,
measured from the highest point of the peak of the roof to the lowest
point of the natural grade within three feet of the foundation. Only
one such building or structure shall be permitted.
(8) Architecture/aesthetic
considerations. All towers and attendant support equipment buildings
shall, to the greatest extent practicable, use materials, colors,
textures, screening and landscaping in order that same shall blend
into the natural setting and be aesthetically and architecturally
compatible with the surrounding buildings and shall be located so
as to minimize the view of the tower and related support equipment
structures from views from adjoining properties, adjacent and nearby
roadways and from long distance views.
(9) Structural
integrity. All such towers shall be designed, located and maintained
so as to assure the structural integrity thereof, and the ability
of the tower to maintain its structural integrity while being subjected
to wind loads, icing and other adverse weather conditions.
C. Applications/site
plan submission and approval requirements. In addition to all applicable
plat, documentation and other submittal requirements required of major
site plans pursuant to the Harmony Township Site Plan Review Ordinance, an applicant for approval of a windmill, wind generator
or wind energy conversion system shall provide the following additional
information:
(1) A site plan
prepared to scale showing the proposed location, type and height of
the proposed monopole tower and any proposed support equipment shelters.
(2) The relationship
of the proposed wind generation system to individual trees, tree lines,
woodlands, buildings, structures and other physical terrain features
affecting or potentially affecting the placement and operation of
the facility.
(3) The setback
distances between the proposed tower, all property lines of the site
on which the tower is located and the setback of the tower from all
residences located within 1,000 feet thereof.
(4) Documentation
by a qualified expert that the proposed tower will have sufficient
structural integrity to support the proposed wind energy conversion
equipment, taking into consideration anticipated windloads and ice
loading conditions in accordance with prevailing structural engineering
standards, recommendations and requirements.
(5) A visible
sight analysis graphically simulating the appearance of the proposed
tower and the view thereof from at least five perspectives around
and within one mile of the proposed facility, including views from
roadways and other properties which offer the most visibility of the
proposed facility.
(6) In the event
of an application for multiple wind energy conversion systems located
upon one site or located upon separate sites but interconnected, the
applicant shall provide a comprehensive plan designating the anticipated
users of the energy generated, the functional relationship of the
facility to the electrical energy grid system to which it is intended
to be tied, and any proposed or anticipated additional facilities.