Township of Harding, NJ Article XXXVII Conditional Uses

[Amended 6-12-1989 by Ord. No. 6-89; 4-19-1999 by Ord. No. 5-99]

§ 225-167 Purpose and delegation of powers.

A. Harding Township is predominantly a low-density residential community with a traditional rural character and abundant historical and natural resources. Significant environmental characteristics such as wetlands and flood hazard areas exist on much of the land in the Township, which is almost wholly within the watershed of the Great Swamp National Wildlife Refuge. The local road network is comprised of marrow, curvilinear roadways that contribute significantly to the Township's rural and historic character. This article is intended to make appropriate accommodation for certain uses, activities and structures that are necessary to serve the needs and conveniences of the residents of the Township of Harding and the public at large. Such uses are hereby designated as conditional uses and are subject to the standards and requirements stipulated in this article because they may be or become adverse to the public health, safety and general welfare if located and operated without proper consideration of Master Plan and zone plan goals, existing conditions, the character of the surrounding area and the low-density residential nature of the community as a whole.

[Amended 6-20-2001 by Ord. No. 8-01]

B. The Planning Board shall have the power to approve conditional uses in accordance with the standards and conditions set forth in this article.

§ 225-168 Application requirements.

An application for a conditional use shall be accompanied by a preliminary site plan application and all required submissions in accordance with applicable checklists. The application shall include the payment of application fees for a conditional use and preliminary site plan together with a technical review fee in accordance with Chapter 171. See also Chapter 171 respecting the payment of deposits for inspection fees prior to the performance of inspections of required improvements. The Planning Board shall grant or deny the application for preliminary site plan approval and the conditional use (which, if approved, shall be subject to final site plan approval) within 95 days of submission of a complete application by the applicant or within such further time as may be consented to by the applicant.

§ 225-169 Standards for all conditional uses.

A. With the exception of accessory residences in the R-1 and RR Zones, all conditional uses shall comply with the following, as applicable:

[Amended 6-19-2000 by Ord. No. 4-00; 11-20-2000 by Ord. No. 6-00; 6-20-2001 by Ord. No. 8-01; 6-5-2002 by Ord. No. 6-02; 11-3-2004 by Ord. No. 22-04]

(1) Except as otherwise stipulated in this article, the lot on which any conditional use is proposed to be situated and all uses, structures and improvements therein, shall comply with the bulk requirements of the zoning district in which the lot is situated.

(2) All conditional uses shall be located on a lot or lots with the required minimum frontage on a county road or state highway and the driveway(s) serving any conditional use shall be constructed so that access is provided from such county road or state highway. No shared driveway or right-of-way serving one or more residential uses shall be permitted to provide access to a conditional use.

(3) Except as otherwise stipulated in this article, no nonresidential structure, parking area or activity shall be located within 100 feet of an adjacent lot in a residential zone or used for residential purposes.

(4) The Planning Board may require landscaped buffers where it deems appropriate or where a nonresidential structure or activity is proposed to be adjacent to a residential lot to mitigate potential impacts. Landscaping shall be planned in a way that is consistent with the area surrounding the site and the rural character of the Township.

(5) The applicant shall secure a written report from the Township Health Department as to any health or sanitary problems that may develop or be encountered if the conditional use is granted. Such problems shall be addressed in accordance with applicable Township, county and/or state standards.

(6) Unless otherwise expressly permitted for a specified conditional use, no other principal use shall be established on the same lot as an authorized conditional use.

B. In addition to the standards in Subsection A above, all uses shall comply with the requirements below for individual conditional uses. If there is a conflict between any standard below and Subsection A above, the more stringent standard shall apply.

§ 225-170 Sign limitations for conditional uses.

Except as provided elsewhere in this article, all conditional uses shall comply with the following restrictions concerning the installation of signs on the premises:

A. One freestanding sign not to exceed 10 square feet in area shall be permitted no closer than five feet from the edge of the roadway pavement. If located at least 25 feet from the edge of the pavement, a sign containing up to 16 square feet in area shall be permitted.

B. One sign not to exceed four square feet affixed to the principal structure or the premises shall be permitted.

C. If illuminated, all lighting shall be from an indirect light source and shall be shielded so as to avoid glare and shall not cause a nuisance or hazard to pedestrians and/or motorists. No neon or internally illuminated signs shall be permitted.

D. The Planning Board or Board of Adjustment may require such additional traffic or safety signs as it deems necessary in accordance with site plan review and approval.

E. Prior to the installation of any signs on the premises, a permit shall first be obtained from the Construction Official.

F. No additional signs other than that permitted under § 225-120A shall be permitted in connection with the establishment of an accessory residence in the R-1 and RR Zones.

[Added 6-5-2002 by Ord. No. 6-02; amended 11-3-2004 by Ord. No. 22-04]

§ 225-171 Houses of worship.

[Amended 6-20-2001 by Ord. No. 8-01]

A house of worship, as defined in § 225-5, shall be permitted in any zone in accordance with § 225-169 subject to the conditions and standards listed below. In addition, accessory uses customary and incidental to the principal use of the property, including a nursery school, religious education classrooms, day-care center, parish house, storage building(s) and outdoor recreational areas, shall be permitted. A catering hall or similar use of the property shall not be permitted except for catering services directly related to and associated with religious functions and/or community nonprofit activities held on the premises. Any lot developed or used as a house of worship may also be developed or used as an elementary, middle or secondary (high) school, subject to compliance with all of the requirements applicable to the development of schools pursuant to § 225-173.

A. Bulk requirements. Recognizing that some residential zones in the Township have small lot area and setback requirements applicable to permitted uses, it is the intent of this section to allow houses of worship in all zone districts, subject to the access and frontage limitations of § 225-169A(2), while requiring sufficient setbacks to ensure appropriate buffering to adjoining uses. Lot size and frontage dimensions for sites located in zone districts other than the R-1 and RR Zones may need to be greater than the district minimum to accommodate the planned development or use of the site in order to meet the yard setback and other requirements of this section.

[Amended 11-3-2004 by Ord. No. 22-04]

(1) Minimum lot size by zone district and uses:

(a) R-1 and RR Zones: six acres.

(b) All other zone districts: the minimum lot size requirement of the zone district shall apply.

(c) If an elementary, middle or secondary (high) school is situated on the same lot as a house of worship, the minimum lot size shall be the combination of that required for the house of worship stipulated herein, plus that required for a school in accordance with § 225-173C.

(d) In addition, the applicant for a conditional use shall demonstrate that there will be sufficient lot area to accommodate the following on the site:

[1] All proposed buildings, including future development, parking areas and dropoff or stacking lanes if proposed.

[2] All required setbacks.

[3] Landscaping and buffers.

[4] Stormwater management facilities.

(2) Minimum frontage requirement:

(a) For a lot located in the R-1 and RR Zones: 500 feet.

(b) For a lot situated with its frontage in a zone other than the R-1 and RR Zones: 150 feet.

(3) Minimum setbacks of buildings and structures. The following setback requirements shall apply to all buildings and structures on the site except a building used solely as a single-family residence.

(a) All setbacks in the R-1 and RR Zones. In the R-1 and RR Zones, all buildings and structures shall be set back at least 200 feet from any front, side of rear lot line or road line.

(b) Front setbacks in all other zones. In a zone other than the R-1 and RR Zones, the front setback requirement of the zone shall apply to all buildings and structures.

(c) Side and rear setbacks in residential zones other than the R-1 and RR Zones. In a residential zone other than the R-1 and RR Zones, all buildings and structures shall be set back at least 50 feet from any side or rear lot line.

(d) Side and rear setbacks in nonresidential zones. In a nonresidential zone, the setback requirements of the zone district shall apply.

(4) Maximum lot coverage: For lots located in the R-1 and RR Zones, the maximum lot coverage shall be 15%. For lots located in any other zone, the maximum lot coverage shall be 25%.

(5) Building arrangement and maximum height. The site may be developed with one building or a group of buildings, provided that all buildings and structures other than the building used for religious worship shall be deemed to be accessory buildings and structures which shall be located behind the front facade of the principal building used for religious worship. It is the intent of this restriction that accessory buildings not be perceived as being in front of the principal building used for religious worship. Notwithstanding the height restrictions of the zoning district in which the house of worship is situated, the following limitations shall apply to the height of all buildings and structures on the site:

(a) The maximum height of the building used for religious worship shall be 35 feet and not more than 2 1/2 stories.

(b) Steeples shall not exceed 80 feet in height as measured from the average finished grade on all sides of the building at a distance of 15 feet from the perimeter of the building. Steeples shall be allowed only on the building used for religious worship.

(c) The maximum height of buildings and structures used for religious education, community-related activities, administration, nursery school or day-care services shall be 35 feet and not more than 2 1/2 stories.

(d) The maximum height of a single-family dwelling used solely for residential purposes in accordance with Subsection B below shall be 35 feet and not more than 2 1/2 stories.

(e) The maximum height of all other accessory buildings and structures shall be 25 feet.

B. One single-family dwelling to be used solely for occupancy by the household of an employee of the house of worship shall be permitted on the same lot, provided that the maximum building area limitation or floor area ratio applicable in the zone shall apply to all roofed structures on the site, including the dwelling. If the dwelling is used solely for residential purposes and is not used for any functions otherwise related to the principal use of the property, the side and rear yard setback limitations of the zone district in which it is situated shall apply.

C. Off-street parking. Off-street parking shall be provided and designed in accordance with the requirements of this section and § 225-84. The total number of parking spaces shall be based on the cumulative amount required in connection with all uses listed below. In addition, an application for site plan approval in connection with any required parking area shall include an analysis of anticipated parking needs in connection with all proposed uses and buildings developed or proposed on the site. In particular, the applicant shall indicate the potential simultaneous use of the property for various uses and/or functions and shall demonstrate that sufficient parking spaces will be provided for all anticipated uses on the site.

(1) No parking area shall be permitted in the front yard.

(2) Off-street parking shall be provided in accordance with the following schedule:

(a) A minimum of one space for each three seats in the building used for religious worship shall be provided. For bench seats, 22 inches shall equal one seat.

(b) For nursery schools and/or day-care centers, a minimum of one space per teacher or employee, plus a minimum of one space per four children shall be provided. Sufficient area shall be provided for car stacking in connection with dropoff or pickup locations.

(c) Parking for elementary, middle or secondary (high) schools shall be provided in addition to any other required parking on the site and shall comply with § 225-173D.

(3) The Board, in its sole discretion, may permit a portion of the required parking to remain unimproved upon a demonstration by the applicant that the required number of spaces is in excess of the anticipated need or is satisfied in whole or in part by the provision of parking areas for other uses on the site (i.e., shared parking arrangements). The unimproved area shall be reserved for future parking and shall be displayed on the site plan as a specified number of spaces "reserved for future parking" in the event that it is needed in the future. The reserved area shall be included in the calculation and limitation of total lot coverage and adequate provisions for stormwater management shall be made in the event such area is improved in the future. The Board may require the future improvement of any such reserved parking area, which shall be in accordance with site improvement standards then in effect and subject to site plan review and approval.

(4) Parking area and driveway setbacks.

(a) In the R-1 and RR Zones, no parking area or driveway shall be located closer to a side or rear lot line than 150 feet.

[Amended 11-3-2004 by Ord. No. 22-04]

(b) In a residential zone other than the R-1 and RR Zones, no parking area or driveway shall be located closer to a side or rear lot line than 50 feet.

(c) In a nonresidential zone, side and rear setbacks applicable to parking areas and driveways shall be the same as required for parking areas in the zone.

D. No recreational area or playground shall be permitted in the front yard or closer to the side or rear lot line than specified below.

(1) In the R-1 and RR Zones, no recreational area or playground shall be located closer to a side or rear lot line than 150 feet.

[Amended 11-3-2004 by Ord. No. 22-04]

(2) In a residential zone other than the R-1 and RR Zones, no recreational area or playground shall be located closer to a side or rear lot line than 50 feet.

[Amended 11-3-2004 by Ord. No. 22-04]

(3) In a nonresidential zone, side and rear setbacks applicable to a recreational area or playground shall be the same as required for parking areas in the zone.

E. Buffers.

(1) In the B-1 Zone, when the lot adjoins a residential zone or Public Land Zone, a minimum fifteen-foot buffer shall be provided along the lot line adjoining such zone. If wooded, the buffer shall remain undisturbed and unimproved, or at the discretion of the Board, it shall be fully landscaped consistent with the provisions of § 225-144J.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) In all other zones, landscaped buffers and/or berms shall be provided in association with any parking area, driveway, recreational area or playground to appropriately buffer adjacent properties. The Board may permit the retention of a wooded area to serve as a buffer, provided that conservation restrictions satisfactory to the Board are established to prevent the removal of vegetation without the prior approval of the Board.

F. Hours of operation. The hours of operation for any nonreligious activities shall be limited to the hours from 7:00 a.m. to 11:00 p.m.

G. There shall be no use of the premises for events generating parking demand in excess of the approved number of parking spaces on the site and no use of the buildings that would generate occupancy greater than the limits allowed under the building or fire code or other applicable regulations.

H. Site lighting. Except as necessary for security purposes, all site lighting shall be switched off at the conclusion of activities. There shall be no illumination for any outdoor recreational areas. Lighting posts shall not exceed 16 feet in height.

I. Solid waste. If solid waste is stored outside, a solid waste storage area shall be provided subject to the setback limitations applicable to buildings and structures. All outdoor solid waste storage areas shall include an impervious surface, provisions for recycling and shall be enclosed with a solid fence, six feet in height, or otherwise screened from view as approved by the Board.

J. There shall be no outdoor storage of any materials, equipment, products or supplies except as approved by the Board as part of site plan approval. Any outdoor storage area shall be suitably screened from view and landscaped as determined by the Board.

K. Mechanical equipment, including equipment located on the roof of any building, shall be concealed by structures that are integrally designed with the building and which shall conform to the height limitations applicable to buildings as set forth above or are otherwise shielded from view from adjoining lots and streets and other off-site locations.

L. All fencing shall be approved by the Board as part of site plan approval. No fence shall exceed eight feet in height, and any fence greater than seven feet in height shall comply with applicable setback requirements.

§ 225-172 Public and private utility structures and improvements.

Public and private utility structures and site improvements (but not including satellite dish facilities) shall be permitted as a conditional use in all districts in accordance with § 225-169, provided the following conditions are met:

A. Minimum lot size and all bulk requirements of the zone in which the property is situated shall apply to the proposed use, structures and/or improvements.

B. The proposed use, structure(s) and/or improvements are necessary in the proposed location for the proper operation of the utility system.

C. The proposed use, structure(s) and/or improvements shall not create a nuisance as defined in § 225-5 (see definition of "nuisance factor").

D. The design of the structure(s) and/or improvements in connection with such facility shall, to the extent possible, have a residential appearance and shall conform, to the extent practicable, to the general character of the area, and be effectively buffered. All such structures and/or improvements shall not adversely affect the safe and comfortable enjoyment of adjoining property owners or the neighborhood.

E. Adequate and attractive fences and other safety devices shall be provided.

F. Landscaping shall be provided including shrubs and/or trees as is appropriate to the building(s) and use.

§ 225-173 Public and private schools.

[Amended 11-20-2000 by Ord. No. 6-00; 2-21-2001 by Ord. No. 1-01]

Public and private day schools of elementary, intermediate or secondary school grades (PreK-12) shall be permitted as a conditional use in all zones in accordance with § 225-169, subject to the conditions and standards listed below. Boarding schools are not permitted. Except as permitted pursuant to the Municipal Land Use Law, schools providing educational instruction or day-care services to pre-kindergarten-aged children are not permitted unless in conjunction with an elementary school or a house of worship pursuant to this article.

A. The applicant shall submit a statement that shall indicate the grade levels of the school, the planned pupil capacity and the maximum potential enrollment and development of the school site.

B. An applicant seeking conditional use approval for a private school shall demonstrate that the school's educational program includes a full academic curriculum that is equivalent to that provided by public schools. Supporting evidence to be submitted by the applicant shall include copies of the duly adopted school charter, bylaws or similar documentation relating to the school's organization and purpose. The Board shall consider whether the school is accredited by a recognized school association or educational organization.

C. Bulk requirements.

(1) Minimum lot size and buildable area. The minimums lot size shall be based upon the school type and projected enrollment as follows:

(a) Elementary school (PreK through 5th grade): 10 acres, plus one additional acre for every 100 students, or portion thereof, based on the maximum potential enrollment.

(b) Intermediate or middle school (grades 6 through 8): 20 acres, plus one additional acre for every 100 students, or portion thereof, based on the maximum potential enrollment.

(c) Secondary or high school (grades 9 through 12): 30 acres, plus one additional acre for every 100 students, or portion thereof, based on the maximum potential enrollment.

(d) In addition to the above minimum requirements, for each school type, there shall be within the building envelope of the lot a minimum area, the size of which is specified herein, that is free of wetlands and wetland transition areas, flood hazard areas, slopes of 15% or greater and easements that preclude development:

[1] Elementary school (PreK through 5th grade): 2.4 acres.

[2] Intermediate or middle school (grades 6 through 8): 6.4 acres.

[3] Secondary or high school (grades 9 through 12): 10.4 acres.

(e) If there is a mix of grade levels (e.g., middle and high school), the greater minimum lot size requirement shall apply, except that if only one additional grade level is provided (e.g., PreK-6), no additional acreage shall be required beyond that specified in Subsection C(1) hereinabove.

(2) The applicant shall demonstrate that there will be sufficient lot area to accommodate the following on the site:

(a) All proposed buildings, including future development, parking areas, bus stop/dropoff lanes, etc.

(b) All required setbacks.

(c) Landscaping and buffers.

(d) Playfields and other outdoor recreational facilities.

(3) Minimum setbacks of buildings and structures.

(a) In any residential zone, all buildings and structures shall be set back at least 200 feet from any lot line or road line.

(b) In any nonresidential zone, the setback requirements of the zone district shall apply to the placement of all buildings and structures.

(4) Minimum setbacks of parking areas, driveways and recreational areas.

(a) No parking area shall be permitted in the front yard, and no parking area shall be permitted within 150 feet of any side or rear lot line for lots located in a residential zone or 20 feet of any side or rear lot line for lots located in a nonresidential zone.

(b) No driveway shall be permitted within 150 feet of any side or rear lot line for lots located in a residential zone, except that if the adjoining use is nonresidential, the minimum setback to the side or rear property line shall be 50 feet. In a nonresidential zone, no driveway shall be permitted within 20 feet of any side or rear lot line. Sufficient area shall be provided for car stacking to dropoff or pickup locations.

(c) No recreational area, athletic field or playground shall be permitted in the front yard, and no recreational area, athletic field or playground shall be permitted within 150 feet of any side or rear lot line.

(d) Landscaped buffers and/or berms shall be provided as necessary in association with any parking area, driveway, recreational area, athletic field or playground to appropriately buffer adjacent properties. The Board may permit the retention of a wooded area to serve as a buffer, provided that conservation restrictions satisfactory to the Board are established to prevent the removal of vegetation without the prior approval of the Board.

(5) Maximum lot coverage: 15% of the site.

(6) Maximum height of buildings and structures.

(a) Maximum height of principal buildings: 35 feet and not more than 2 1/2 stories.

(b) Maximum height of accessory buildings and structures: 25 feet.

(c) Unenclosed spectator structures (outdoor seating) shall be permitted in association with recreational/athletic fields, provided that the height of any such structures shall not exceed 15 feet.

(7) Minimum lot frontage: 500 feet.

D. Off-street parking. Off-street parking shall be provided and designed in accordance with § 225-84 and shall be based on the following:

(1) Elementary school (PreK through 5th grade): two spaces per classroom but not less than one space for each teacher and staff or on-site employee.

(2) Intermediate or middle school (grades 6 through 8): 1 1/2 spaces per classroom but not less than one space for each teacher and staff or on-site employee.

(3) Secondary or high school (grades 9 through 12): 2 1/2 spaces per classroom but not less than one space for each teacher and staff or on-site employee. In addition, the applicant shall demonstrate the adequacy of parking for the student body.

(4) The Board, in its sole discretion, may permit a portion of the required parking to remain unimproved upon a demonstration by the applicant that the required number of spaces is in excess of the anticipated need. The unimproved area shall be reserved for future parking and shall be displayed on the site plan as a specified number of spaces "reserved for future parking" in the event that it is needed in the future. The reserved area shall be included in the calculation and limitation of total lot coverage, and adequate provisions for stormwater management shall be made in the event such area is improved in the future. The Board may require the future improvement of any such reserved parking area, which shall be in accordance with site improvement standards then in effect and subject to site plan review and approval.

E. One single-family dwelling to be used solely for occupancy by an employee (together with his or her family) of the school shall be permitted on the same lot as the school use, provided that the maximum building area limitation or floor area ratio applicable in the zone shall apply to all roofed structures, including the dwelling. The dwelling shall comply with all setback and height limitations applicable to other principal buildings on the site.

F. The site may be developed with one building or a series of buildings in a campus-style arrangement, and each building used for educational instruction, administration or athletic/recreational purposes, including a single-family dwelling, shall be considered a principal building subject to the bulk and height limitations applicable to principal buildings. Other buildings or structures accessory or incidental to the principal uses, including but not limited to sheds, garages, utility buildings or structures and storage buildings, shall comply with all setback limitations and the height restrictions applicable to accessory buildings and structures.

G. Use of the school premises by nonprofit community groups shall be permitted on a limited and incidental basis only, subject to the hours of operation limitation heroin. The site shall not be used as a conference center unless directly related to the school use. Outdoor use of the premises shall be limited to athletic or recreational activities. There shall be no use of the premises for events generating parking demand in excess of the approved number of parking spaces on the site and no use of the buildings that would generate occupancy greater than the limits allowed under the building or fire code or other applicable regulations.

H. Hours of operation. The hours of operation for the school and any activities related to the school, including athletic activities, administrative meetings, conferences and the use of the premises by nonschool groups, shall be limited to the hours from 7:00 a.m. to 11:00 p.m.

I. Site lighting. Except as necessary for security purposes, all site lighting shall be switched off at the conclusion of activities. Lighting posts shall not exceed 16 feet in height. There shall be no illumination for outdoor athletic or recreational activities.

J. Outdoor public address systems. Any proposed outdoor public address system shall comply with all applicable Township ordinances and must be approved by the Board as part of site plan approval. The applicant shall demonstrate that use of the system will not have a deleterious impact on adjoining properties.

K. Solid waste. If solid waste is stored outside, a solid waste storage area shall be provided subject to the setback limitations applicable to buildings and structures. All outdoor solid waste storage areas shall include an impervious surface, provisions for recycling and shall be enclosed with a solid fence, six feet in height, or otherwise screened from view as approved by the Board.

L. There shall be no outdoor storage of any materials, equipment, products or supplies except as approved by the Board as part of site plan approval. Any outdoor storage area shall be suitably screened from view and landscaped as determined by the Board.

M. Mechanical equipment, including equipment located on the roof of any building, shall be concealed by structures that are integrally designed with the building and which shall conform to the height limitations applicable to buildings as set forth above or are otherwise shielded from view from adjoining lots and streets and other off-site locations.

N. All fencing shall be approved by the Board as part of site plan approval. No fence shall exceed eight feet in height, except that a fence enclosing tennis, basketball or paddle courts may be constructed to a height of 10 feet, and further provided that any fence greater than seven feet in height shall comply with applicable setback requirements.

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

§ 225-174 Township facilities.

Township parks, playgrounds, libraries and other Township-operated governmental buildings or uses for the residents of the Township, including firehouses and rescue squad buildings and facilities, shall be permitted in any zone in accordance with § 225-169, provided that the following conditions are met:

A. The design of the buildings in connection with such facility shall conform to the general character of the area or be effectively buffered and shall not adversely affect the safe and comfortable enjoyment of adjoining property owners or the neighborhood.

B. The facility shall to the extent practicable implement the goals and objectives of the Township Master Plan.

C. Landscaping shall be provided including shrubs and/or trees, as is appropriate to the building(s) and/or use.

D. Off-street parking shall be provided sufficient for the proposed use.

§ 225-175 Wireless telecommunications towers.

[Added 7-12-1999 by Ord. No. 8-99]

Notwithstanding the provisions of § 225-116C, towers supporting wireless telecommunications antennas and associated equipment shall be permitted as a conditional use on any lot in the OB Zone and the B-2 Zone only on the eastern side of Route 202, subject to the provisions and standards enumerated below. The provisions of this section and the standards herein shall also apply to the installation of more than one antenna or more than one antenna array on existing or proposed buildings or structures in these zones.

A. General.

(1) Applications to construct wireless telecommunications towers and/or install antennas or antenna arrays shall not be subject to the provisions of § 225-169A(5) with respect to a report from the Board of Health.

(2) The Township reserves the right to engage an independent radio frequency engineer or other expert to review any documentation or testimony provided by the applicant. The costs for any consultants or experts engaged by the Township shall be paid by the applicant in accordance with the provisions of the Municipal Land Use Law.

B. Application requirements. In addition to the site plan application requirements stipulated in § 225-168, the following information shall be provided to the Board:

(1) Evidence of the need for the wireless telecommunications improvements within the Township and/or surrounding area.

(2) Evidence that a license to provide service has been obtained from the Federal Communications Commission.

(3) An applicant for multiple antennas or antenna arrays on an existing building or a tower shall provide an inventory of all existing approved wireless telecommunications sites within the Township and within one mile of the Township border including specific information about the ownership, location, height, number of antennas/arrays, and tower design. The inventory, and any updates thereof, shall be maintained on file with the Planning Board Secretary and Township Clerk as a public document.

(4) If a tower is proposed, the applicant shall provide documentary evidence that a reasonable attempt has been made to locate the antennas on or in existing buildings or structures or on another existing tower, if any. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures.

(5) The applicant shall provide testimony by a radio frequency engineer regarding the suitability of potential locations for wireless telecommunications facilities in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s).

(6) The applicant shall provide a description of the tower and/or arrays and the technical and other reasons for the facility's design, height, and location.

(7) The applicant shall provide documentation to establish that the tower has sufficient structural integrity for the proposed use at the proposed location and meets the minimum construction requirements of the New Jersey Uniform Construction Code.

(8) The applicant shall provide documentation indicating the extent to which additional equipment could be mounted on the tower (including the number and types of antennas or other equipment) and included within the equipment compound.

(9) The applicant shall provide a letter of commitment which shall be binding upon the tower owner and all successors in interest, to lease excess space on the tower to other potential users at reasonable rates which shall be economically viable and not unduly burdensome. The letter of commitment shall be recorded prior to the issuance of a building permit.

(10) The applicant shall provide elevations of the proposed tower and associated structures generally depicting all proposed antennas, platforms, finish materials, and all other accessory equipment, structures, fences, and landscaping.

C. Conditional use standards. In addition to all other standards contained in § 225-169, except as noted in Subsection A(1) above, the following conditions shall be met for wireless telecommunications towers and associated equipment:

(1) When the applicant demonstrates to the satisfaction of the Board that suitable locations on existing buildings or structures either do not exist or are not available or viable, the applicant may seek approval to erect a wireless telecommunications tower in accordance with the following requirements:

(a) Minimum lot size: same as for permitted uses.

(b) Minimum setback of tower and equipment compound from any property line: same as for permitted uses.

(c) Maximum tower height: no more than necessary to provide service and in no case higher than 120 feet.

(d) Maximum number of towers per lot: one.

(2) An equipment compound may be erected in connection with a tower, provided:

(a) It consists of no more than 2,500 square feet in area.

(b) It shall be situated behind any existing structures, buildings or terrain features that will help shield the compound from public view.

(c) The maximum height of all equipment lockers, cabinets, or other structures, other than the tower, within the equipment compound shall not exceed 12 feet. The maximum height of any building within the equipment compound shall not exceed the height limitations of the zone in which the property is situated.

(d) When a location out of public view is not possible, a landscaped buffer of 20 feet in width shall be provided around the compound to shield the facility from public view. Landscaping shall include evergreen trees at least eight feet in height at the time of planting and shall be planted in staggered double rows at 15 feet on center, or screening that will provide equivalent buffering.

(3) Equipment buildings, cabinets, or lockers shall be located within the equipment compound which shall be enclosed within a solid wooden fence at least seven feet in height but not more than eight feet in height. The fence shall include a locking security gate.

(4) Facilities installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Buildings and equipment that will be visible to the public should be designed in a manner and constructed of materials that are consistent with their surroundings. The tower and equipment associated with the antennas shall be of such color or finish so as to blend with their surroundings. When such color or finish compatibility is not possible, the color and/or finish shall be designed to minimize the visual impact of the tower, antenna arrays, and equipment. Whenever possible, and at the discretion of the Board, the tower shall be camouflaged to blend in with its surroundings or natural features.

(5) Wireless telecommunications towers shall not be erected within 1,000 feet of any historic district or site listed on or eligible for listing on the National and/or State Register of Historic Places.

(6) Antenna modifications, tower certification, and abandonment.

(a) Operators of wireless telecommunications towers shall, on an annual basis, provide to the Township a letter certifying that the tower is still in use.

(b) Wireless telecommunications towers that are not in use for wireless telecommunications purposes for six consecutive months shall be removed by the facility owner or the contractually responsible party at its expense. Removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleaned, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

(7) Co-location is strongly encouraged in order to avoid the construction of multiple towers. All wireless telecommunications towers and equipment compounds shall be built so as to facilitate collocation with additional service providers, provided that the height limits and other bulk restrictions of this chapter are not exceeded.

§ 225-176 Assisted living residence.

[Added 6-21-1999 by Ord. No. 6-99]

An assisted living residence as defined in this chapter shall be permitted as a conditional use only in the following specified zones and subject to the conditions and standards stipulated below:

A. An assisted living residence licensed by the New Jersey Department of Health and Senior Services shall be permitted as a conditional use in the PRN-RC Zone and the B-2 and OB Zones on the easterly side of Route 202 only. The development regulations and standards of this § 225-176 shall apply to the development of assisted living residences and are intended to supersede those otherwise applicable to other permitted or conditional uses in the PRN-RC, B-2, and OB Zone districts. An applicant for an assisted living residence shall submit, with the application for conditional use approval, a certificate of need approved by the New Jersey Department of Health and Senior Services.

B. Supportive assisted living services and accessory uses directly related to and included in an assisted living residence development may include the following: a nursing home component approved by the New Jersey Department of Health and Senior Services; congregate dining facilities and food preparation areas; administrative offices related only directly to the administration of the facility; facilities for health care and services such as nursing stations, physician's offices, and examination rooms; facilities for physical therapy; rooms for exercise and entertainment; storage rooms; chapel(s); housekeeping and laundering services; beauty/barber shop for the benefit of residents only; and indoor and outdoor recreation areas. All supportive services and accessory uses shall be for the sole use and benefit of the resident users and their guests, and staff working at or assigned to the facility. An applicant for an assisted living residence development shall provide documentation as part of the application for conditional use and site plan approval indicating the total number of employees per shift.

C. Bulk requirements and development standards.

(1) Minimum lot size: six acres. In addition, the applicant for an assisted living residence shall demonstrate that there is sufficient lot area to accommodate all proposed buildings, all required setbacks, required and proposed parking, driveways and loading areas, buffers if required by § 225-169A(4), sewage disposal systems and any other necessary utilities.

(2) Maximum number of units: 50.

(3) Maximum number of beds: 60.

(4) Maximum building area: 10% of lot area.

(5) Maximum floor area ratio: not applicable.

(6) Maximum total lot coverage: 30% of lot area.

(7) Minimum lot frontage: 250 feet.

(8) Minimum setbacks. All buildings and structures shall be set back at least 50 feet from any lot line or road line. Accessory buildings shall be situated behind the principal building. Parking areas shall be limited to the side and rear yards with a setback from property lines of not less than 20 feet.

(9) Maximum building height: 35 feet and not more than 2 1/2 stories.

(10) Parking requirements. Sufficient parking shall be provided on the site to accommodate the maximum number of employees during the peak shift period plus a minimum of one parking space for every four beds. If the number of required parking spaces results in more parking than needed for the use, as demonstrated by the applicant based on expert testimony, the Planning Board may permit a portion of the required parking to be shown on the site plan as being reserved for future parking.

(11) Parking areas, driveways, and loading areas shall be designed and constructed in accordance with the New Jersey Statewide Residential Site Improvement Standards.

(12) Stormwater drainage systems shall be designed and constructed in accordance with the New Jersey Statewide Residential Site Improvement Standards except as modified by special area standards contained in this chapter.

(13) Lighting. Exterior lighting shall not create glare or shine on adjoining properties. After 11:00 p.m., only that lighting deemed necessary for security and emergency purposes shall be permitted to remain switched on.

(14) All refuse disposal and recycling areas, generators, air-conditioning units, and any other special utilities or equipment necessary for the development shall be placed behind the principal building. Refuse areas shall be enclosed with a solid wood fence at least six feet but not higher than eight feet in height.

(15) Landscaping. All assisted living developments shall incorporate landscaping appropriate to the surrounding area and Harding's rural character. Landscaping shall be employed wherever possible to shield refuse areas and other outside equipment such as generators from view.

§ 225-177 Farm stands and farm markets.

[Added 12-27-2000 by Ord. No. 7-00; amended 11-3-2004 by Ord. No. 22-04]

A farm stand or farm market, as defined in this chapter, or a building containing an area for the sale of agricultural products produced by a commercial farm shall be permitted as a conditional use in the R-1, RR, R-2, R-3 and R-4 Zones subject to the conditions and standards stipulated below:

A. Conditions applicable to farm stands and farm markets.

(1) Any farm stand, farm market or building from which agricultural or horticultural products will be offered for sale must be part of and located on a commercial farm parcel consisting of at least five acres of land located within the Township of Harding.

(2) Any agricultural or horticultural product grown or processed in connection with the farm operation, and items required for packaging or the use of such products, may be offered for sale. In addition, items such as fresh fruits, fresh vegetables, cider, honey, jams and jelly, pies and bread and cut evergreen trees grown and/or processed off site may be sold. All other retail activities such as the preparation of and sale of fast food, mechanized equipment and the sale of products associated with convenience stores are expressly prohibited. It is the intent of this regulation to provide farmers with an outlet to sell their agricultural or horticultural products and to make those farm products accessible to the public.

(3) No more than one building containing a retail display area or detached farm stand or farm market shall be permitted on a lot.

(4) The farm stand, farm market or building from which agricultural or horticultural products will be offered for sale shall comply with the setback limitation stipulated in § 225-169A(3). The farm stand, farm market or other building from which agricultural or horticultural products will be offered for sale shall comply with the front setback requirement and other applicable bulk regulations of the zone in which it is located except as stipulated below with respect to height restrictions.

(5) The farm stand, farm market or building from which agricultural or horticultural products will be offered for sale shall comply with the regulations contained in § 225-116K of this chapter.

(6) The operation of the sales activities must not result in traffic congestion on abutting streets or endanger the public by interfering with the safe and convenient flow of traffic on public streets.

(7) There shall be no loudspeakers or playing of amplified music that is audible beyond the limits of the property line.

(8) No sales shall occur before 7:00 a.m. or later than 8:00 p.m.

(9) Outdoor lighting shall be designed to provide for safety and security without illuminating adjacent properties. There shall be no glare when observed from adjacent properties or public roads. Nothing herein, however, shall be construed to require outdoor lighting.

(10) The outdoor display of goods or products for sale shall be limited in accordance with a specified area approved by the Board as part of site plan review and approval procedures. All outdoor display areas shall comply with the setback limitation specified in § 225-169A(3). Outdoor display area(s) may be situated in the front yard, subject to approval by the Board, provided that no outdoor display area shall be located within 25 feet of the road line. The Board may require that an outdoor display area be screened from view of neighboring properties.

(11) Signs shall be permitted in accordance with § 225-120A and shall otherwise comply with all limitations and restrictions contained in Article XXIII.

B. Special conditions applicable to farm stands.

(1) Size limitation. No farm stand shall exceed 500 square feet in area.

(2) Height limitation. No farm stand shall contain more than 1 1/2 stories or exceed 20 feet in height.

C. Special conditions applicable to farm markets.

(1) Size limitation. No farm market shall exceed 1,000 square feet in area. The sales area of a farm market located within a larger building or structure shall be limited in area to 1,000 square feet.

(2) Height limitation. A building used for a farm market shall comply with the height restrictions of the zone for accessory buildings, except that a farm market may be established within a preexisting barn or other farm outbuilding which is nonconforming with respect to height.

D. Parking requirements. Off-street parking shall be provided in connection with any farm stand, farm market or outdoor display area for the sale of agricultural or horticultural products in accordance with the following standards:

(1) A minimum of three off-street parking spaces shall be provided in connection with a farm stand. In addition, sufficient off-street parking shall be provided for employees.

(2) One parking space for every 200 square feet of sales area shall be provided in connection with a farm market, with a minimum requirement of three spaces. In addition, sufficient off-street parking shall be provided for employees.

(3) If an area is set aside for the outdoor display of products for sale, the Board may require the provision of additional parking spaces at the rate of one space for every 500 square feet of outdoor display area. The Board may require the additional parking spaces to be improved or it may permit an area to be reserved on the site for such additional parking in the event that it is needed in the future.

(4) The location of any parking area shall comply with § 225-169A(3) and, in any event, no parking shall be permitted within any required yard area, including the required front yard of the zone in which the lot is situated.

(5) The construction standards for any parking area shall be approved by the Planning Board and may include, at the discretion of the Planning Board, suitable grassed areas, gravel surfaced areas or paved areas.

E. Driveways. No driveway shall open onto a road within 100 feet of any four-way intersection or property line, and all entrances shall have adequate sight distance so as to conform to generally accepted safety standards.

F. Abandonment. If the commercial farm or agricultural activities are discontinued, the retail display area, farm market or farm stand and the associated parking area and all other related improvements shall be removed within 180 days.

§ 225-178 Accessory residences in R-1 and RR Zones.

[Added 6-5-2002 by Ord. No. 6-02; amended 6-4-2003 by Ord. No. 12-03; 7-7-2004 by Ord. No. 18-04; 11-3-2004 by Ord. No. 22-04]

In the R-1 and RR Zones only, and not in any other zone, in addition to the principal dwelling on the premises, one accessory residence may be established in or constructed as an accessory building or structure, in accordance with the following standards and, notwithstanding the provisions of § 225-168, shall be subject to minor site plan approval.

A. Minimum lot size. No accessory residence shall be established on any lot unless said lot has an area comprising at least six acres.

B. The accessory residence shall be clearly accessory and incidental to the principal use of the property for residential purposes.

C. Accessory residences shall be limited to a total of 1,200 square feet of living space, which shall include all finished living spaces, kitchen, bedrooms and baths. Space dedicated to garage parking for vehicles or equipment or storage space not affiliated or used in connection with the accessory residence unit shall not be included in this square footage limitation.

D. No accessory residence shall contain more than two bedrooms.

E. The accessory building or structure containing an accessory residence shall comply with all of the setback and height limitations applicable to accessory buildings in the R-1 and RR Zones.

F. The accessory building or structure shall be located behind the front facade of the principal building or structure situated on the same lot in accordance with § 225-116D(1).

G. An accessory building or structure may only be used as a residence by immediate family members, domestic employees working on the premises and/or temporary guests, except that an accessory residence in a contributing historic structure shall be exempt from this limitation, provided that conditional use approval is obtained in accordance with this article. For the purposes of this section, the Board shall determine that a building is a "contributing historic structure" based on the review and recommendation of the Historic Preservation Commission. In the event of subsequent damage or partial destruction of the historic structure, the Historic Preservation Commission shall confirm its status as a contributing historic structure prior to any reoccupancy pursuant to the exemption contained in this section.