Township of Harding, NJ Article XXII General Zoning Provisions

§ 225-112 Zones enumerated.

A. The territory of the Township shall be divided into the following zones:

[Amended 11-12-1996 by Ord. No. 6-96; 7-21-1997 by Ord. No. 4-97; 6-16-2004 by Ord. No. 9-04; 11-3-2004 by Ord. No. 22-04; 7-9-2018 by Ord. No. 06-18; 1-28-2019 by Ord. No. 05-19]

	R-1 Residence Zone
	R-2 Residence Zone
	R-3 Residence Zone
	R-4 Residence Zone
	AH Affordable Housing Zone
	TH-1 Townhouse Zone 1
	AHO-1 Affordable Housing Overlay Zone 1
	AHO-2 Affordable Housing Overlay Zone 2
	B-1 Historic Village Business Zone
	B-2 Business Zone
	OB Office Building Zone
	PL Public Land Zone
	RR Rural Residential Zone
	PRN-RC Planned Residential Neighborhood - Residential Cluster Zone
	Great Swamp Watershed Overlay Zone

B. The Great Swamp Watershed Overlay Zone is hereby established as a Special Area pursuant to N.J.A.C. 5:21-3.5.

[Added 4-20-1998 by Ord. No. 2-98]

§ 225-113 Zone boundaries and Zoning Map.

[Amended 12-12-1988 by Ord. No. 11-88; 3-12-1990 by Ord. No. 1-90; 10-28-1991; 1-6-1992; 8-10-1992 by Ord. No. 4-92; 8-9-1993 by Ord. No. 9-93; 12-29-1993 by Ord. No. 15-93; 11-12-1996 by Ord. No. 6-96; 4-20-1998 by Ord. No. 2-98; 6-19-2002 by Ord. No. 7-02; 4-2-2003 by Ord. No. 3-03; 6-16-2004 by Ord. No. 9-04; 11-3-2004 by Ord. No. 22-04; 9-19-2007 by Ord. No. 9-07; 11-7-2007 by Ord. No. 13-07; 7-9-2018 by Ord. No. 06-18; 1-28-2019 by Ord. No. 05-19; 3-9-2026 by Ord. No. 06-2026]

The boundaries of the zoning districts in the Township are established in a map entitled "Harding Township Zoning Map" bearing the date of its original adoption on April 2, 2003, and the date and ordinance number of any subsequent revision duly enacted by ordinance, which map is hereby made a part of this chapter.

A. The boundary lines of the R-2 Residence and B-2 Business Zones shall be either road lines or lines drawn parallel thereto and 200 feet therefrom, except that:

(1) All lots, tracts or parcels of land in the triangular area circumscribed by Routes 202 and 287 and the Morris Township - Harding Township boundary lines (except those lots in said triangular area which are included in the R-3 Zone, PL Zone and the PRN-RC Zone) are included in the R-2 Zone.

(2) All lots in Block 18 abutting Blue Mill Road, south side, from the boundary of the R-3 Zone on Millbrook Road and the R-3 and B-1 Zones on Village Road are included in the R-2 Zone.

(3) The R-2 district boundary shall follow property lines for all lots fronting on Orchard Drive and shall include all of Lot 25 in Block 17.

B. The boundary lines of the R-3 and R-4 Residence and B-1 Historic Village Business Zones shall be either road lines or lines drawn parallel thereto and 150 feet therefrom, except that:

(1) All lots in the R-3 Zone abutting on Jenks Road, Jenks Court, Bockoven Lane, Blackwell Place, Blackwell Avenue and Sand Spring Road north of Interstate 287 are located entirely in the R-3 Zone.

(2) All of Lots 1 and 2 and the portions of Lots 5 and 6 in Block 18 that are not included in the B-1 Zone are located in the R-3 Zone.

(3) All of Lot 2 in Block 45 is located in the R-4 Zone.

(4) All of Lots 57, 58, 60, 61, 61.01 and 61.02 in Block 17 and all of Lots 3, 3.01, 4 and 7 in Block 18 shall be designated B-1 and shall have the zoning boundary line coincident with the rear property line as such lots were constituted on June 1, 1987.

C. The Great Swamp Watershed Overlay Zone shall encompass all lands situated within the watershed of the Great Swamp as depicted on the aforementioned Harding Township Zoning Map as may be revised from time to time, and incorporated herein by reference.

D. The Harding Township Zoning Map shall hereby be amended as follows: Block 23.02, Lot 5 shall be rezoned from R-2 Residence Zone to the TH-1 Townhouse Zone 1.

E. The Harding Township Zoning Map shall hereby be amended as follows: Block 46.01, Lot 7, shall be rezoned to include the B-2 Business Zone and the AHO - 1 Affordable Housing Overlay 1 Zone. Block 32, Lots 1.02, 4, 9.01, 9.02; Block 33.03, Lots 3.02, 4, 8, 18, 19; and Block 46.01, Lots 8, 9, 9.01, 10 and 13.02 shall be rezoned to include the B-2 Business Zone 2, OB Office Building Zone, and R-1 Residence Zone and the AHO-2 Affordable Housing Overlay 2 Zone.

F. The Harding Township Zoning Map shall hereby be amended to rezone Block 1, Lot 10 as the AH-MF-1 Affordable Housing Multifamily-1 Zone.

§ 225-114 Demolition delay on historic buildings.

[Added 4-2-2003 by Ord. No. 4-03]

A. Purpose. The purpose of this § 225-114 is to assist implementation of the historic preservation element of the Master Plan, to provide guidance in achieving preservation of historic resources in the Township and to advance the following purposes:

(1) To promote the use of historic districts for the education, pleasure and welfare of the citizens of the Township and its visitors and to promote civic pride in the Township's historic resources.

(2) To foster private reinvestment in the historic districts and sites and balance the purposes of historic preservation with current needs.

(3) To encourage preservation of sites of historic, archaeological, cultural, social and architectural significance.

(4) To encourage the continued use of historic sites and to facilitate their appropriate reuse.

(5) To maintain and promote an appropriate and harmonious setting for existing historic resources within the Township.

(6) To recognize and preserve historic resources in the Township as an essential element of the Township's character and identity which contributes to the reputation of the Township as a place of beauty and architectural value.

B. Definitions. In addition to the definitions set forth in § 225-5, the following definitions shall apply in this § 225-114:

CERTIFICATE OF APPROPRIATENESS

A document issued by the Historic Preservation Commission confirming their review of any proposed demolition.

DEMOLITION

For the purposes of this section, shall mean the destruction of greater than 35% of the floor area of any building which is designated as an historic building or located within an historic district identified in the then-current Harding Township Master Plan. The moving of such a building from its location shall be deemed to be demolition for purposes of this section.

C. Referral of application for demolition permit. Applications for a demolition permit must be made to the Construction Official. For all buildings within an historic district or otherwise identified as historic buildings in the Township's Master Plan, the Construction Official shall forward a copy of the complete application for demolition to the Historic Preservation Commission within 15 days of the receipt of the application. On all matters referred to the Commission which require approval or action by the Planning Board or Board of Adjustment, the recommendation of the Commission shall be advisory only, which may be approved, disapproved or amended by such Board.

D. Certificate of appropriateness: when required. A certificate of appropriateness shall be required to be obtained from the Historic Preservation Commission before a demolition permit is issued for any building which is designated as an historic building or located within an historic district identified in the then-current Harding Township Master Plan.

E. Exemptions. This section shall not apply to:

(1) Changes to the interior of a building.

(2) Changes to the exterior of a building which constitute maintenance and repair of the building.

(3) Demolition of buildings pursuant to the Township's power of condemnation or by order of the Township Construction Official for reasons of health and safety.

(4) Buildings constructed after 1945.

F. Procedures for review.

(1) All applicants shall complete an application form. Application forms shall be made available in the office of the Construction Official. Applications shall be filed with the Construction Official.

(2) Each application may be accompanied by sketches, drawings, photographs, descriptions, the property survey and other information, if available, and shall include current and archival photographs of the interior and exterior of the building and drawings to document the condition of the building. The Commission may require the subsequent submission of such additional materials as it reasonably requires to make an informed decision.

(3) The Commission shall reach a decision on an application and submit its report to the Construction Official within 45 days of referral of same by the Construction Official. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission.

(4) Informational meetings/conceptual review. Persons considering action that requires a certificate of appropriateness, as required by this section, are encouraged to request an informal informational meeting with the Commission prior to submitting a formal application for a certificate of appropriateness. Requests for such informational meetings can be made to the Construction Official, who will contact the Chairman of the Commission. The Commission shall hold such informational meetings within 30 days of receipt of such request. The purpose of an informational meeting is to review the standards of appropriateness and the procedures for obtaining a certificate of appropriateness. Neither the applicant nor the Commission shall be bound by any informational meeting or conceptual review.

(5) Application review.

(a) An applicant shall be required to appear or to be represented at the Commission's meetings when the application for a certificate of appropriateness is considered. The Commission may take action in the absence of the applicant.

(b) The Historic Preservation Commission shall issue a certificate of appropriateness to the applicant if it finds the permit application appropriate to the historic district or site and in conformity with the criteria set forth in this section. The Commission shall issue a denial of a certificate of appropriateness to the applicant if it finds the permit application inappropriate to the historic district or site or not in conformity with the criteria set forth in this section.

(c) When an application is approved, the Commission shall forthwith issue a certificate of appropriateness. Failure to report within a forty-five-day period shall be deemed to constitute a report in favor of the proposed demolition and without conditions. In the event that the applicant has consented to an extension of time for consideration of the certificate, the extension of time shall be transmitted to the Construction Official, and the demolition permit shall not be issued during the period of time of the extension.

(d) The owner shall post the certificate of appropriateness on a conspicuous spot on the site visible to the public during the entire demolition process.

(e) A certificate of appropriateness shall be valid for a period of two years from date of its issue unless reasonable extensions are requested by the applicant or the Commission and agreed to by both parties.

G. Posting and publication of proposed demolition. When an application for a demolition permit is filed, notice of proposed demolition shall be posted on the premises of the building in a location that is clearly readable from the street. In addition, the applicant shall publish a notice in the official newspaper of the Township within 10 days of an application for a demolition permit.

H. Criteria for review. In regard to an application to demolish or move an historic building, the following matters shall be considered:

(1) Its historic, architectural, cultural and aesthetic significance.

(2) Its current and potential use for those purposes currently permitted by the Township's Zoning Ordinance or for the use proposed.

(3) Its importance to the Township and the extent to which its historical or architectural value is such that its removal would be detrimental to the integrity of the historic property or district and the public interest.

(4) The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty.

(5) The extent to which its retention would increase property values, attract students, writers, historians, artists and artisans, encourage study and interest in American history, stimulate interest and study in architecture and design, educate citizens in American culture and heritage or make the Township a more attractive and desirable place in which to live.

(6) The impact of its removal upon an historic district.

(7) The structural soundness and integrity of the building and the economic feasibility of restoring or rehabilitating the building so as to comply with the requirements of the applicable building codes.

(8) If there are any compelling reasons for not retaining the building at its present site, the proximity of the proposed new location and its accessibility to residents of the Township, and the probability of significant damage to the building as a result of the relocation.

(9) The compatibility, nature and character of the current and the proposed surrounding areas as they relate to the intent and purposes of this section and whether the proposed new location is visually compatible in accordance with the standards set forth herein.

I. Decision after review. The Historic Preservation Commission shall review the application for demolition based on the criteria outlined above. Its report may:

(1) Approve demolition without conditions.

(2) Stipulate conditions, including, but not limited to, documentation of the building prior to demolition and/or confirmation of the applicant's consent to the removal and reuse of certain important features of the historic building.

(3) In the event that the Commission disapproves an application to demolish an historic building, the owner shall, nevertheless, as a matter of right, subject to the provisions of Subsection J below, be entitled to raze or demolish such building, provided that all of the other demolition requirements of the Township have been fully met.

J. Demolition postponed for nine months. If the Historic Preservation Commission determines that demolition is not appropriate, the Commission may postpone issuance of the demolition permit for a period not in excess of nine months from the date of denial by the Commission of a certificate of appropriateness. During this period of time, the Historic Preservation Commission may consult civic groups and public agencies to ascertain if there is some other means of preserving the building. The Historic Preservation Commission is empowered to work out with the owner feasible plans for preservation of the building where moving or demolition thereof would be a significant loss to the public, the Township, the streetscape and the neighborhood. Moving of such buildings shall be encouraged as an alternative to demolition.

§ 225-115 Nonconforming structures and uses.

A. Any nonconforming use or structure existing on the effective date of Ordinance No. 3-67 or any amendment thereto may be continued upon the lot or in the structure so used, and any such structure may be restored or repaired in the event of partial destruction thereof.

B. A nonconforming use or structure may not be enlarged, extended or altered except that a single-family dwelling or structure associated with a single-family residential use, that is nonconforming only with respect to setback limitations, may be enlarged if the addition conforms to all of the zoning regulations of the district in which it is located.

[Amended 5-20-2009 by Ord. No. 3-09]

C. The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the Boards Administrator within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Board of Adjustment. The Boards Administrator may charge a fee for such certification. Denial by the Boards Administrator shall be appealable to the Board of Adjustment. Every certificate issued pursuant to this subsection shall include a description of the nature and extent of the nonconformity in sufficient detail to establish a record that will be available in the event that questions may arise as to subsequent enlargement or expansion of the nonconforming use covered by the certificate. Copies of every such certificate issued by the Boards Administrator shall be forwarded to the Board of Adjustment and the Planning Board. Copies of every such certificate issued by the Board of Adjustment shall be forwarded to the Boards Administrator and the Planning Board.

[Amended 9-5-2001 by Ord. No. 17-01]

D. A structure or use which does not conform to the ordinance requirements by reason of one or more variance grants, rather than by reason of an ordinance change, shall be subject to the same regulations as are applicable to a nonconforming structure or use.

[Added 5-9-1988 by Ord. No. 6-88]

§ 225-116 General regulations.

[Amended 7-21-1997 by Ord. No. 4-97]

A. Compliance with regulations. No building, structure or lot shall be used and no building or structure shall be erected or altered except in conformity with the regulations applicable to the zone in which such building or lot is located.

B. Substandard lots.

[Amended 6-5-2002 by Ord. No. 6-02; 3-15-2006 by Ord. No. 7-06; 10-17-2007 by Ord. No. 12-07]

(1) Requirements as to lot size shall not be applied so as to prevent the erection of a one-family dwelling on any lot less than the required size created on or before the effective date of Ordinance 3-67 or as subsequently approved by the Board as part of a subdivision.

[Amended 5-20-2009 by Ord. No. 3-09]

(2) Flag lots created on or before May 6, 1985, shall be considered conforming lots for the purposes of satisfying minimum frontage requirements.

(3) Any lot in the R-1 or RR Zone with frontage of at least 250 feet but less than 300 feet, created on or before May 6, 1985, shall be considered a conforming lot with respect to minimum frontage requirements, provided that the lot is not subdivided so as to decrease its lot frontage.

C. Principal buildings or structures. Except where expressly permitted, each lot shall contain no more than one principal building or structure. If there is more than one building or structure situated on a lot, the residence shall be deemed the principal building or structure.

[Amended 11-20-2000 by Ord. No. 6-00]

D. Limitations applicable to accessory buildings and structures, including but not limited to: recreation structures, pools, decks, fences and energy-related structures.

[Amended 3-20-2000 by Ord. No. 3-00; 9-5-2001 by Ord. No. 17-01; 10-21-2009 by Ord. No. 11-09]

(1) Accessory buildings and structures shall be located behind the front facade of the principal building or structure situated on the same lot. It is the intent of this restriction that accessory buildings and structures not be perceived as being in front of the principal building.

(2) Unless otherwise noted, all open children's play structures, playhouses, and tennis or other nontemporary recreation courts shall comply with all of the setback limitations of the zone in which the lot is situated. However, open children's play structures that have a rectangular footprint of less than 250 square feet and a height of 12 feet or less shall be subject to a setback requirement of 1/2 of the normally required setback distance or 10 feet, whichever is greater.

[Amended 7-11-2022 by Ord. No. 08-2022]

(3) Swimming pools and pool aprons or decks or patios attached thereto or associated therewith shall comply with all of the setback limitations of the zone in which the lot is situated.

(4) Building steps, decks, patios, and terraces shall comply with all of the setback limitations of the zone in which the lot is situated, except that pathways or walkways shall be exempt from setback limitations.

(5) No fence, wall or pillar, regardless of its height, shall be constructed within 25 feet of the center line of a road or within any recorded road right-of-way.

[Amended 10-19-2015 by Ord. No. 05-15]

(6) Energy-related structures, including but not limited to solar panels, windmills or turbines, generators, and air conditioning equipment, shall comply with all of the setback and height limits of the zone in which the lot is situated, except as provided in § 225-116P. This limitation shall not apply to the installation of utility transformers, switches and similar utility equipment required to provide underground utility services to a lot or lots.

[Amended 11-16-2011 by Ord. No. 12-11]

E. Split lots. When a lot contains land in two zones, the structures and uses within each zone shall conform to all the requirements of that zone; provided, however, that the land in the other zone may be included in determining whether all minimum requirements are met. In a lot which is split between a residential zone and a nonresidential zone, no structure or use within the residential zone portion of the lot may be accessory to any nonresidential structure or use within the nonresidential zone portion of the lot and the lot area within the residential zone portion shall not be included for purposes of determining lot coverage and the floor area ratio with respect to nonresidential structures and uses.

[Amended 9-5-2001 by Ord. No. 17-01]

F. Lots divided by municipal boundaries. Where a Township boundary line divides a lot, a building permit may be issued for that portion of the building to be erected within the Township on such lot, provided that the lot, viewed without regard to the location of the boundary line, complies with the lot size requirements of this Part 3, Zoning, and there is also compliance with the use and bulk regulations of this chapter.

G. Corner lots and lots with more than one road frontage. With respect to yard requirements, corner lots or lots with frontage on more than one road shall be subject to front yard setback requirements for all portions of the lot having frontage on a road. Rear yard setback requirements shall apply to the remaining yard areas that do not have road frontage.

[Added 11-15-1999 by Ord. No. 13-99]

H. Building height shall be measured in accordance with the definition of "height of building" contained in § 225-5 of this chapter. Except as indicated below, the maximum height of buildings permitted in each zone shall include all portions of the roof such as dormers, turrets, domes and other architectural features.

[Amended 9-21-2011 by Ord. No. 11-11; 6-13-2016 by Ord. No. 04-16]

(1) Residential uses. Chimneys, radio and television antennas, and satellite receivers located upon or attached to a roof of a structure used for, or accessory to, a residential dwelling may extend an additional eight feet above the top of the roof. In all residential zones cupolas, spires, belfries and domes are permitted to be located upon or attached to a roof of a principal structure and shall comply with the following:

(a) The permitted structures may extend not more than 10 feet above the maximum permitted building height.

(b) Weathervanes and similar attachments may extend above a cupola, spire, belfry or dome, limited to no greater than three feet above said appurtenance.

(c) The number of permitted rooftop structures shall not exceed three for the principal dwelling.

(d) The structure shall not be lighted, it shall not be habitable space and shall not house mechanical equipment for any purpose; except mechanically or electrically operated louvers for ventilation are permitted.

(e) The total area occupied by such rooftop structures shall not exceed 150 square feet or 10% of the total roof area at plan view, whichever is smaller.

(2) Nonresidential uses. Mechanical equipment, water towers, chimneys, radio and television antennas, satellite receivers, and like appurtenances located upon or attached to the roof of a structure used for nonresidential purposes may extend an additional eight feet above the top of the roof. In the B-2 and OB Zones, mechanical equipment may extend an additional 10 feet above the top of the roof.

(3) Houses of worship. Spires, belfries and domes constructed as part of a house of worship may extend to a maximum of 60 feet above the average preconstruction or finished grade, whichever is lower.

(4) Barns. The height of a barn shall be limited as follows:

(a) A barn located in the RR and R-1 Zone that is used exclusively for agricultural purposes and/or for keeping/boarding horses shall be limited in height to 35 feet. Cupolas, spires, belfries and domes are permitted to be located upon or attached to a roof subject to the provisions listed in Subsection H(1)(a) to (d) above.

(b) The permitted structures may extend not more 10 feet above the maximum permitted building height. A barn that is not used exclusively for agricultural purposes and/or for keeping/boarding horses shall comply with the height limitations for accessory structures in the zone in which it is situated. In all residential zones cupolas, spires, belfries and domes are permitted to be located upon or attached to a roof subject to the following:

[1] Weathervanes and similar attachments may extend above a cupola, spire, belfry or dome, limited to no greater than three feet above said appurtenance.

[2] The structure shall not be lighted, it shall not be habitable space and shall not house mechanical equipment for any purpose, except that mechanically or electrically operated louvers for ventilation are permitted.

(5) The height limitations of this subsection shall not apply to public buildings.

I. No aviation facilities. An aviation facility, such as an airport, heliport, helipad or landing strip, shall not be considered a permissible accessory use for purposes of this Part 3, Zoning, and is prohibited in all zones in the Township.

J. Compliance with bulk standards. The following shall be applicable to all lots in all zoning districts:

[Amended 11-10-1997 by Ord. No. 9-97; 10-17-2007 by Ord. No. 12-07]

(1) Upon application for a subdivision, site plan or building permit, each lot shall comply with the minimum lot size, minimum setbacks and other applicable requirements of the zoning district in which the property is situated.

(2) When calculating minimum lot size requirements, as well as lot coverage and building area limitations, lot size shall not include the area of any land between road lines or the land area comprising the flag staff portion of a flag lot.

K. Great Swamp Watershed Overlay Zone. Site improvements within any subdivision of land or site plan for residential development undertaken within the area designated as the Great Swamp Watershed Overlay Zone shall be designed and constructed in accordance with the applicable special area standards of this chapter and the applicable provisions of the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq.

[Added 4-20-1998 by Ord. No. 2-98]

L. Right to farm. Farming or the operation of a commercial farm shall be a permitted use in all zones subject to the conditions and standards set forth in this chapter.

[Amended 12-27-2000 by Ord. No. 7-00]

(1) The owner or operator of a commercial farm which conforms to the agricultural management practices recommended by the State Agriculture Development Committee and adopted pursuant to the provisions of the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.), or whose specific operation or practice has been determined by the appropriate county board, or if no county board exists, the State Agriculture Development Committee, to constitute a generally accepted agricultural operation or practice, and all duly adopted applicable federal or state statutes, rules and/or regulations, and which does not pose a direct threat to public health and safety may:

(a) Produce agricultural and horticultural crops, trees and forest products, livestock and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping.

(b) Process and package the agricultural output of the commercial farm.

(c) Provide for the operation of a farm stand or farm market in zoning districts where permitted as a principal use or as a conditional use, including the construction of a building or structure for such purpose and parking areas in conformance with the applicable standards and conditions of this chapter.

(d) Replenish soil nutrients and improve soil tilth.

(e) Control pests, predators and diseases of plants and animals.

(f) Clear woodlands using open and other burning techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas.

(g) Conduct on-site disposal of organic agricultural wastes.

(h) Conduct agriculture-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm.

(i) Engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the Administrative Procedures Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.).

(2) Accessory uses and structures. All uses and structures customarily incidental to farming, agriculture and/or the operation of a commercial farm and which are conducted in conformance with the above-cited agricultural management practices shall be permitted accessory uses in all zones, including but not limited to:

(a) The use of irrigation pumps and equipment.

(b) The application of manure, chemical fertilizers, insecticides, pesticides and herbicides.

(c) Installation of soil and water conservation practices in accordance with a conservation plan approved by the Morris County Soil Conservation District.

(d) Transportation of slow-moving equipment over roads within the Township.

(e) Utilization of tractors and other necessary equipment.

(f) The employment of farm laborers.

(g) The creation of noise, dust, odors and fumes inherently associated with such uses.

(h) The conducting of farm practices (excluding operation of farm markets) at any and all times when necessary.

(i) The raising and keeping of farm animals, including pets, pastoral farm animals (dairy and beef cattle, sheep and goats), swine, fowl, horses, ponies and mules, provided that proper sanitation standards, fencing or enclosures and proper setbacks from adjoining properties are established.

(3) In accordance with § 225-116.1B(1) and (2), the manufacture, cultivation or farming of marijuana or cannabis for any purpose is prohibited.

[Added 9-10-2018 by Ord. No. 15-18; amended 6-14-2021 by Ord. No. 10-2021]

M. Tree conservation. The provisions of Article XXI, Tree Conservation, shall be applicable to all zoning districts and shall be administered pursuant to the provisions of § 225-111.

[Added 5-16-2001 by Ord. No. 11-01]

N. Steep slope development. All development activity on any lot within the R-1 and RR Districts shall comply with the steep slope development regulations in § 225-95.

[Added 3-23-2011 by Ord. No. 02-11]

O. Dry well requirements. The construction of new roofed areas, patios and recreation courts shall be subject to dry well installation requirements to the extent required by § 225-186A and § 225-187, subject to the waiver provisions in § 225-184.

[Added 3-23-2011 by Ord. No. 02-11]

P. Emergency generators, air-conditioning condensers and heat pumps. Notwithstanding the provisions of § 225-116D(6), emergency generators, air-conditioning condensers and heat pumps may be located outside the building envelope on lots in the RR, R-1, R-2, R-3, R-4 and B-2 Zoning Districts subject to the following:

[Added 11-16-2011 by Ord. No. 12-11; amended 9-12-2022 by Ord. No. 11-2022]

(1) These provisions only apply to emergency generators, air-conditioning condensers and heat pumps having: a footprint, including the pad, not exceeding 20 square feet per unit; a height not exceeding four feet; and for generators, a manufacturer's noise level rating that does not exceed 70 dB(A) at 23 feet (seven meters).

(2) The emergency generator, air-conditioning condenser or heat pump shall not be located in front of the principal building on the lot.

(3) No portion of the emergency generator, air-conditioning condenser or heat pump and pad may be located more than 20 feet from the principal structure on the lot.

(4) The emergency generator, air-conditioning condenser or heat pump shall not be located within the required tree conservation area on a lot in the RR, R-1, R-2, R-3 or R-4 Zoning District as follows:

(a) RR and R-1 Zones:

[1] Minimum side and rear setbacks: 25 feet.

[2] Minimum front setback: 50 feet (but not in front of the principal structure).

(b) R-2 Zone:

[1] Minimum side setback: 10 feet.

[2] Minimum rear setback: 12.5% of the lot depth up to 25 feet.

[3] Minimum front setback: 25 feet (but not in front of the principal structure).

(c) R-3 Zone:

[1] Minimum side setback: five feet.

[2] Minimum rear setback: 12.5% of the lot depth up to 12.5 feet.

[3] Minimum front setback: 17.5 feet (but not in front of the principal structure).

(d) R-4 Zone:

[1] Minimum side setback: four feet.

[2] Minimum rear setback: 12.5% of the lot depth up to 12.5 feet.

[3] Minimum front setback: 12.5 feet (but not in front of the principal structure).

(5) The emergency generator, air-conditioning condenser or heat pump shall have minimum setbacks in the B-2 Zone of 25 feet from all lot lines (but not in front of the principal structure).

(6) The emergency generator, air-conditioning condenser or heat pump shall be appropriately screened/buffered by nondeciduous plantings (subject to seasonal planting timing limitations) and/or a fence so as to minimize visibility from all lot lines from which the setback is less than the minimum applicable to buildings and structures.

(7) The maintenance exercise of any emergency generator shall only occur on Monday to Friday and between the hours of 10:00 a.m. and 4:00 p.m. and for a duration not to exceed 20 minutes.

Q. Gates, pillars, and posts constructed adjacent to driveways shall satisfy the following requirements:

[Added 10-19-2015 by Ord. No. 05-15]

(1) The placement of driveway gates, pillars and posts shall be no less than 40 feet from the edge of pavement on the opposite side of the roadway, public or private, to which the driveway is connected. When measuring the distance to a gate, the distance shall be the minimum distance permitted by the gates' swing path. Posts no larger than four inches by four inches when used solely to support gate control devices or intercoms shall be no less than 11 feet from the nearest edge of roadway pavement.

(2) The space between driveway gates, pillars and posts shall provide a minimum clear width of 20 feet. Fences adjoining, abutting or connected to driveway gates, pillars and posts shall not interfere with the area required for the turning radii of the Township's emergency apparatus.

(3) No part of a fence, driveway gate, pillar or post may be located within a public right-of-way. This restriction includes, but is not limited to, any keypad or other type of gate controller or intercom or similar appurtenance.

(4) Fences shall be set in accordance with § 225-116D(5) of the Code.

(5) All gates controlled by a security feature must have a keyless entry system for EMS vehicles. This feature shall be tested and approved by the Township Police Department prior to final inspection by the Construction Department.

(6) Exterior lighting fixtures mounted on any post, pillar, or gate shall comply with Chapter 233 of the Code.

§ 225-116.1 Prohibited uses.

[Added 9-10-2018 by Ord. No. 15-18]

A. Where a use is not specifically permitted in a zone district, it is prohibited. This proscription may not be altered, modified or varied, except through amendment of this chapter. No deviation may be authorized pursuant to N.J.S.A. 40:55D-70(d) or § 7-33C(1)(c) and (d) of this Code.

B. Marijuana or cannabis establishments.

[Amended 6-14-2021 by Ord. No. 10-2021]

(1) All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in § 3 of P.L. 2021, c. 16, whether for medicinal or recreational purposes, and including those establishments that manufacture, sell or dispense cannabis-related paraphernalia, are prohibited from operating anywhere in the Township of Harding, but not the delivery of cannabis items and related supplies by a delivery service that emanates from a delivery service located outside of the municipal boundaries of Harding Township.

(2) Marijuana or cannabis cultivation facilities, marijuana or cannabis production or manufacturing facilities, marijuana or cannabis testing facilities, marijuana or cannabis wholesale or retail stores, marijuana or cannabis dispensaries, marijuana or cannabis delivery services which are related to cannabis or marijuana for medical purposes, and such facilities or stores that manufacture, sell or dispense marijuana- or cannabis-related paraphernalia for medical purposes, are prohibited from operating anywhere in the Township of Harding, but not the delivery of medical marijuana- or medical cannabis- related items and related supplies by a delivery service that emanates from a delivery service located outside of the municipal boundaries of Harding Township.